Procedures for Considering a Student Appeal

The information on this page are the official procedures for considering a student appeal, approved by Senate on October 22, 2024.

For a simplified version, see the Procedures for Student Appeals page. In case of discrepancy between the simplified version and the information on this page, this page shall prevail.

Senate Student Appeals Committee

The Wilfrid Laurier University Act, 1973* confers on the Senate of Wilfrid Laurier University the responsibility for the educational policies of the University, including the power to "hear and determine appeals from the decisions of the faculty councils on applications and examinations by students."

The Senate has delegated to the Senate Student Appeals Committee (SAC) the authority to act for Senate in hearing appeals from students with regard to faculty council and petitions committee decisions relating to applications and examinations.**

A. Initiating an Appeal

Faculty Petitions Committee Decision: A student may appeal to the Senate SAC a Faculty Petitions Committee or Graduate Student Appeals Committee decision relating to the student’s academic standing, including: grades, assessments, and applications for consideration under a University policy or process. The Senate SAC, will not accept an appeal unless the student has exhausted all review and appeal procedures at the faculty level. Students should consult the Academic Calendars for regulations governing petition and appeals procedures.
Academic Misconduct Decision: Policy 12.2, Student Code of Conduct: Academic Misconduct, stipulates that appeals of findings of academic misconduct are handled differently depending on the whether the finding is a first or a second (or subsequent) offense. First offense findings and penalties are appealable to the relevant Faculty Petitions Committee and such decisions are final. Second (and subsequent) offense findings and penalties are appealable to the Senate SAC and such decisions are final. Note that first offenses which result in penalties of suspension or greater are treated procedurally as second offenses due to the significance of the consequences for the student’s academic standing.
Appeals of a Faculty Petitions Committee decision to the Senate SAC are not a rehearing of the same matter and facts and will be permitted only on the grounds of:

(a) new evidence, i.e. evidence relevant to the decision made at the Faculty Petitions Committee or Graduate Student Appeals Committee that was not available or provided to the committee through no fault of the student, which would impact the decision. Generally speaking, events or performance subsequent to the Petitions Committee or Appeals Committee decision will not be considered as new evidence.

(b) evidence of a serious procedural error in the handling of the petition which as prejudicial to the student or might had substantially affected the petition committee or appeal committee level decision, and which violates one or both of the following:

(i) formal and written procedures of the University, or applicable Faculty or Department;

(ii) principles of fairness, whether such violation occurred in accordance with written or customary procedures or in the fair application of such procedures. Appeals based on allegations of procedural unfairness must allege and demonstrate a reasonable apprehension of bias or other misbehaviour on the part of the officers or agents of the University inconsistent with procedural fairness and for which redress was not provided by the authority which considered the case prior to the appeal to the Senate SAC.

It should be noted that procedural unfairness does not include all irregularities or deviations in the application of a procedure, but acts or omissions which are substantially unfair and which affect the results of the deliberations.

Appeals of a subsequent offence of academic misconduct to the Senate SAC are being heard by an appeals body for the first time, and therefore it is not necessary to meet grounds.

B. Filing an Appeal

In these procedures, the student appealing the decision and submitting the appeal is the appellant and the University (through the Faculty) is responding to the appeal and referred to as the respondent.
Appeals to the Senate SAC must be submitted to the office of the Provost and Vice- President: Academic within twenty (20) business days of the date the student receives the decision being appealed, with the exception of academic misconduct appeals, which must be submitted within ten (10) business days of the date the student receives the decision being appealed. The Senate SAC reserves the right to waive this deadline in its discretion in special circumstances where the appellant requests such a waiver, and provides supporting rationale, specifically demonstrating the reasons for not meeting the deadline, in the submission.

(a) When a waiver request is received, the Senate SAC will have ten (10) business days from the date of the waiver submission to decide to receive an appeal submitted more than twenty (20) business days (or more than ten (10) business days for academic misconduct appeals) after the date the student receives the decision being appealed.

(i). The decision to receive an appeal after the twenty (20) business days deadline or the ten (10) business day deadline will be made by a sub-committee of the Senate SAC, consisting of five (5) members from the Senate SAC: The Associate Vice-President Academic (chair), three (3) faculty members of Senate SAC and one (1) student member of the Seante SAC.

(ii). The decision will be communicated to the student.

(iii). The date when the decision is made to receive an appeal after the twenty (20) business day deadline or the ten (10) business day deadline (academic misconduct) will be considered the date of the appeal submission.

In order for the appeal to be reviewed and heard, the appellant must provide a succinct written statement that contains the following:

(a) the terms of appeal including:

(i) the full name, address, telephone number, WLU e-mail address, and student number of the person appealing;

(ii) the specific decision which is being appealed; and

(iii) the form of redress requested; and

(b) the grounds for appeal including:

(i) if a Faculty Petitions Committee decision is being appealed, the specific grounds on which the appeal is made (see A.3. above); and

(ii) if the appeal is being submitted after the twenty (20) business day appeal deadline or the ten (10) business day deadline (academic misconduct), the waiver request requirements (see B.2); and

(iii) a summary of the evidence, including the names and email addresses of any witnesses, which the appellant is prepared to offer in support of these grounds;4. The following documents must be appended to the statement of appeal, if not fully included within the text of the appeal:

(a) the text of the Faculty decision being appealed;

(b) the text of the relevant procedural regulations (if any) allegedly violated or otherwise deemed applicable to the case;

(d) if the appeal is being submitted after the twenty (20) business day appeal deadline, the supporting rationale for the waiver request, and,

(e) indicate if an oral hearing is requested.

Upon notification by the Senate SAC of the receipt of an appeal, the Faculty will copy and forward the file containing all material and documents which were considered in making the decision being appealed.
The full appeal file, including all documents, shall be provided to the Senate SAC. If there is documentation in the full appeal file that was not previously available to the appellant or the respondent, this documentation shall be provided to them.
Members of the Senate SAC deciding on the appeal will be independent of all prior decisions or processes relating to the appeal and will have no prior knowledge of the matters to be addressed in the appeal. Panel committee members are expected to identify any actual or perceived conflicts of interest as soon as possible and in advance of the start of determining grounds. The chair shall make a determination on the potential conflict of interest and communicate the decision to Senate SAC members deciding on the appeal prior to determining grounds. If the alleged conflict of interest involves the chair, the matter shall be referred to the Provost & Vice-President: Academic for decision.
In the event that new information or documents are provided by the Faculty in B.6, the appellant shall have 5 business days from receipt of the additional document to respond and file additional documents and/or request an oral hearing. In exceptional circumstances, the Senate SAC may waive this deadline upon receipt of a written request from the appellant, which includes reasons for the requested time extension.

C. Procedures for Senate SAC to Determine Grounds and Make a Decision

For each appeal submitted in accordance with Section B, the Senate SAC shall meet as a full committee for their initial review of the appeal and to determine grounds. The Senate SAC has the right of access to and production of all material and documents which were considered in making the decision being appealed.

On the basis of the written statement of appeal, the supporting documents, and any other written evidence submitted, the Senate SAC shall determine whether on the face of the evidence there are reasonable grounds for the appeal, as set out in section A.3.

(a) If the determination is negative (i.e. there are no reasonable grounds), the Senate SAC shall so inform the parties in writing with reasons, and the appeal is dismissed; or
(b) If the determination is positive (i.e. there are reasonable grounds), the Senate SAC shall make a decision under Section C.3 or schedule a hearing on the merits of the appeal, in accordance with procedures set out in Section D.

If neither party has requested an oral hearing, the Senate SAC may, in its discretion, proceed to consider the appeal on the merits immediately after determining that there are grounds, or may schedule a hearing. If neither party has requested an oral hearing, Senate SAC will make a decision on the appeal within fifteen (15) business days from the date of deciding the grounds. If an oral hearing occurs, Senate SAC will make a decision within fifteen (15) business days from the date of the oral hearing.
The Senate SAC shall act expeditiously in making its decision on grounds and will consider all relevant documents and evidence, the reasonableness of the decision being appealed, and recommend sanctions. The decision on grounds will be made within twenty (20) business days from the date of the appeal submission.
Senate SAC will inform both parties of its finding.

D. Senate SAC Panel Hearing Procedures

Oral Hearings shall be conducted by a panel consisting of five (5) members from the Senate SAC: the Associate Vice-President: Academic (chair), three (3) faculty members, and (1) student member. The Dean of Students (or delegate) shall participate as a non-voting member. Secretariat support will be provided by the Office of the Provost & Vice-President: Academic. One (1) Faculty member of the panel shall be drawn from the student’s home Faculty/Faculties. The chair of Senate SAC may make rulings and decisions concerning the procedural aspects of a hearing according to the circumstances. The panel will decide on the appeal.
Hearings may be conducted as a written hearing or as an oral hearing. Both the appellant and the respondent have the right to an oral hearing before the Senate SAC in accordance with the procedures outlined. Where either the appellant or the respondent wish to exercise their right to an oral hearing, the party should inform the Committee in writing at the time it is submitted (under Section B.4(e)) through the Office of the Provost and Vice-President: Academic. An oral hearing cannot be requested after the committee has made a decision on the appeal.
Due to the confidential nature of the issues and impact on participants, Appeal hearings shall be closed and not open to the public.
The following guidelines apply to all hearings:

(a) The chair of the Senate SAC hearing the appeal shall have control over the proceedings.

(b) A record in the form of minutes shall be kept of the proceedings.

(d) The Senate SAC may ask questions of, or request further information from, either the appellant or respondent to make a determination of the issues in the hearing.

5. Procedures for Written Hearings

(a) The appellant or respondent may provide additional written evidence or statements for a written hearing. If additional material is submitted, the process set out in Section B.8.

(b) The appellant shall be permitted to submit a written rebuttal to the documentation and the written materials submitted by the respondent that the appellant previously did not have access to. The appellant shall have 5 business days from receipt of the additional document to respond and file additional documents and/or request an oral hearing.

(c) f the appellant's written rebuttal raises new issues, the respondent may submit a written reply to the appellant's written rebuttal.

(d) The written material will be reviewed by the Senate SAC as part of their deliberations.

Procedures for Oral Hearings

(a) Where either the appellant or the respondent has exercised their right to an oral hearing, the Senate SAC will inform both parties of its finding on grounds, invite both parties to appear, and give at least ten (10) business days notice of the hearing. The hearing shall be set for a date not later than twenty (20) business days from the date of the committee decision on grounds.

(b) The Senate SAC may, in its discretion, request the parties participate in an oral hearing.

(c) If a party elects to appear with a representative, the Senate SAC shall be notified at least two business days in advance of the hearing of the name, e-mail address and position of the representative.

(d) The respondent (University) shall provide its evidence first. The appellant may provide an oral rebuttal to the evidence provided by the respondent at that hearing. Rebuttal(s) shall address only those matters not raised in the appellant’s written submission(s) to the Senate SAC or new evidence provided by the respondent in the hearing.

(e) The appellant may provide evidence following the respondent’s evidence. Any new evidence shall address only those matters not raised in the written submission(s) to the Senate SAC or the appellant’s rebuttal in Section 6(d).

(f) In appeals dealing with an alleged breach of academic integrity and/or where credibility is an issue:

(i) the appellant and the respondent may call witnesses and place evidence before the Senate SAC. The appellant shall proceed first, followed by the respondent;

(ii) the parties may cross-examine each other and each other's witnesses;

(iii) after the parties have finished with each witness, the Senate SAC may ask questions of the witness, after which the parties may re-examine;

(iv) the Chair has the right to stop any line of questioning and/or make decisions regarding the cross-examination process;

(v) at the conclusion, the appellant may make closing oral submissions to the Senate SAC, after which the respondent may make closing oral submissions to the Senate SAC(vi) If there is an oral hearing an oral rebuttal may be presented by the appellant and the respondent at that hearing; such rebuttal(s) shall address only those matters not raised in the parties' written submission(s) to the Senate SAC.

E. Senate SAC Decision

The Senate SAC's decisions will be made in camera and the appellant and respondent informed of the decision in writing with reasons within five (5) business days of deciding the appeal. Copies of the decision will also be forwarded to the Chair of the Petitions Committee or Chair of the Appeals Committee that made the decision being appealed (if applicable), and the Registrar’s Office. Additional contacts may be forwarded a copy of the decision at the Senate SAC’s direction.
The Senate SAC has the power to:

(i) Refer back to the faculty petitions committee or Graduate Student Appeals Committee with instruction to:

(1) reconsider on the basis of new evidence; or

(2) reconsider using proper procedure, in the case of a finding of procedural unfairness

(ii) Deny the appeal.

(iii) Uphold all or part of the appeal, decide the issues and substitute its own decision. When substituting a decision, the decision should be reasonable and consistent with the nature of the issues.

(iv) Dismiss the appeal.

F. Re-Appeals

There is no appeal beyond the Senate SAC and its decision shall be final.
In cases where a Faculty Petitions Committee or Graduate Student Appeals Committee reconsiders an appeal on the instruction of the Senate SAC and renders a new decision unsatisfactory to the appellant, a new appeal to Senate SAC may be allowed on the grounds mentioned under A.3.

Persons with questions regarding the above procedures should contact the Office of the Provost & Vice-President: Academic, Wilfrid Laurier University.

G. Timelines for Appeal Submission & Consideration

Wilfrid Laurier University Senate Student Appeals Committee: Appeal Process Timeline for Written Hearings
Process Number	Process	Policy Reference	Timeline
1	Decision re: grounds	C.4	20 business days from date of the appeal submission
2	Decision re: appeal	C.3	15 business days from the date of the decision: re: grounds
3	Decision issued with reasons	E.1	5 business days from decision re: appeal being made

Wilfrid Laurier University Senate Student Appeals Committee: Appeal Process Timeline for Oral Hearings
Process Number	Process	Policy Reference	Timeline
1	Decision re: grounds	C.4	20 business days from date of the appeal submission
2	Set Date for Oral Hearing	D.6.a	10 business days notice of the meeting. The meeting may be no later than 20 business days from the decision: re: grounds
3	Oral Hearing	C.3	15 business days from oral hearing date for Senate SAC panel to make a decision
4	Decision issued with reasons	E.1	5 business days from Senate SAC panel decision being made

* The Wilfrid Laurier University Act, 1973, 19(f)

** Senate By-laws and Regulations (current version), Responsibilities of Senate Student Appeals Committee