Student Code of Conduct – Appeal procedure
1. Conditions of Appeal
- 1.1 A student has the right to appeal a misconduct decision on one or more of the following grounds:
- There was a serious procedural error in the investigation process which was prejudicial to the respondent.
- New evidence which was not available at the time of the earlier decision, has been discovered rendering the original decision unreasonable in light of the new evidence.
- The sanction imposed is not consistent with the nature of the offence.
- 1.2 A student initiates the appeal process by submitting a completed Non-Academic Appeals Form to the Dean of Students within ten (10) working days of receipt of the written decision from the Office of Campus Safety Services. When writing an appeal, a student must submit the Non-Academic Appeals Form indicating:
- The conditions under which he or she is making the request.
- The information or rationale that will be used to support the argument that the disciplinary decision being appealed was wrong or unfair.
- The requested resolution.
2. Submission of Appeal
Once the Non-Academic Appeals Form has been submitted, within three (3) business days of receipt of the appeal request, the Dean of Students, or designate, will determine if the reason for the appeal meets one or more of the grounds for appeal. If it is deemed that the appeal does meet one or more of the grounds for appeal, then the student will be granted an Appeal Hearing. If the Vice President deems the appeal does not meet one or more of the grounds for appeal, then s/he will notify the student in writing that his/her request for an appeal has been denied.
3. Appeal Hearing
- 3.1 An Appeal Hearing will be convened within five (5) business days of the decision to grant an appeal. The appellant and any other parties involved will be informed that the right of appeal has been granted by way of a written Notice of Appeal, which will include the date, time and location of the meeting. Along with the Notice of Appeal, Georgian will distribute the following documentation to all principle parties involved:
- the names of members of the Appeal panel
- the Non-Academic Appeals Form submitted by the student
- a written statement by the Hearing Officer (as appointed by the Vice President) indicating the rationale for the disciplinary decision; a list of witnesses that may be called if applicable; a list of evidential materials that will be presented during the Hearing such as videos, photographs or physical evidence
- 3.2 Submitting a Non-Academic Appeals Form does not stay the implementation of the sanction(s) imposed by the Office of Campus Safety Services. The student is required to abide by the sanction(s) until such time that the sanction(s) expires, or is changed or overturned through the Conduct Appeal Hearing.
- 3.3 The Dean of Students shall maintain a roster of 12 individuals to serve on a Discipline Appeal Committee. When vacancies occur, the Dean of Students will recruit new panelists, maintaining a balance of students and employees from across the college.
- 3.4 The Dean of Students or designate will convene a Discipline Appeal Committee consisting of three panelists including at least one student and will chair the Discipline Appeal as a non-voting member of the Committee.
- 3.5 The complainant and respondent will be notified of the appeal in writing. The notice shall explain the basis of the appeal, the procedure that will apply and any other details necessary for an expeditious and fair hearing.
- 3.6 An oral hearing will take place in front of three panelists and be chaired by the Dean of Students or designate. The appeal will be held in private and all proceedings will be confidential. The Discipline Appeal Committee will review the documentation related to the Student Conduct decision, and may seek information from any other source, as it deems relevant.
- 3.7 The appellant may have a support person of his/her choosing in an advisory capacity present throughout the proceedings or they may choose from a roster of trained student leaders which is maintained in Student Services.
- 3.8 The decision of the panel will be recorded in writing and promptly communicated to the appellant within two (2) business days of the appeal.
- 3.9 The decision of the panel will be final and binding on all parties with no further right of appeal within the college.
- 3.10 Records of Student Code of Conduct complaints and appeals will be maintained by Campus Safety Services.
Every attempt will be made to meet the timelines set out in this Student Code of Conduct unless circumstances cause a delay
Dean of Students
- 705.728.1968, ext. 1400
Campus Safety Services
- Urgent: 705.728.1968, ext. 5100
- Non-urgent: 705.722.5100 or ext. 6111
- Barrie: 705.722.1523
- Midland: 705.526.3666
- Muskoka: 705.646.7629
- Orangeville: 519.940.0331
- Orillia: 705.325.2740, ext. 3113 or 705.329.3113
- Owen Sound: 519.376.0840, ext. 2099
- South Georgian Bay: 705.445.2961