Academic Appeals (FAQ's)

FREQUENTLY ASKED QUESTIONS ABOUT ACADEMIC APPEALS

• What academic matters can I appeal?

  Academic matters may be appealed only after all other informal and formal processes have been exhausted at the faculty level. Generally, the Academic Appeals Committee will review academic appeals relating to the following matters:

  • Academic Standing (e.g. probation, suspension)
  • Grade Appeals / Re-appraisals
  • Academic Integrity Offences
  • Examination Deferrals
• How do I file an appeal?

  You must submit the Notice of Appeal form located in the OT documents tab via your MyCampus account, together with supporting documentation (see below), to the Academic Appeals Committee via email at academicappeals@ontariotechu.ca no later than 10 business days (including reading week, exam periods, and deferred exam time periods) following receipt of the decision under appeal. Missing this deadline (unless other arrangements have been made) may result in the automatic dismissal of your appeal. An extension request can be made under exceptional circumstances provided within reason via email at academicappeals@ontariotechu.ca. 

  Please use proper email etiquette with your email. The academic appeals email cannot advise whether one should proceed with an academic appeal. Seek support services from the OTSU for advice.

• What are the grounds for appeal?

  If you would like to appeal a decision, you must able to demonstrate, on a balance of probabilities:

  (i)     New Evidence exists that was not available to you at the time of the original decision (through no fault of your own) that, if considered, would likely have altered the outcome of the decision; and/or
  
  (ii)   a Procedural Irregularity occurred in the original consideration of the case that affected the outcome of the decision.

  A procedural irregularity may include the following: Faculty respondents not following response deadlines, the published deadline of a decision either being delayed or postponed and or faculty not providing proper rationale with the decision. 

  Generally speaking, events or actions taken subsequent to the faculty-level decision are not considered to be new evidence.

  Your appeal application must cite one or both of these grounds of appeal, supported by some credible evidence or explanation.  Failure to meet this threshold will result in the automatic dismissal of an appeal without further consideration.

  Regarding the grounds of New evidence, the Academic Appeals Committee will not consider evidence that was available to you at the time of the original decision but was not provided to the decision maker/panel regardless of the reason. New evidence must be truly new in that it did not exist before.

• What documents should I include with my Notice of Appeal?

  Submit all relevant documents that may assist the Academic Appeals Committee in evaluating the merits of your appeal. It is your responsibility to ensure that the Committee has all of the facts and evidence relevant to the appeal to make an informed decision. 

  Mandatory documents include: 

  • A complete copy of the written decision being appealed (e.g. letter/email from Dean, Academic Integrity Committee, Registrar’s Office)
  • A written description of:
    i) the relevant facts and background information leading to the appeal;
    ii) your grounds for appealing; and
    iii) the remedy or redress being sought.

  • Relevant facts may include the following: 
    • The prosecution style of your case, the date and time and the faculty members who were present
    • The course code, professor, type of assignment, etc
    • The rationale behind your grounds being legitimate reasons for an appeal 
    • The rationale behind your remedy or redress being sought is proportionate and appropriate to your decision

  Other relevant documents may include:

  • Medical evidence (if applicable)
  • Other supporting documents (e.g. death certificate, travel documents, photos, third party statements)
• Am I automatically entitled to a hearing (oral or written)?

  No. The appeal application is initially reviewed to assess whether there is some evidence, which if believed, constitutes new evidence or a procedural irregularity. Where the appeal application does not provide any evidence of either grounds, the appeal will be dismissed without a hearing.  Where the strength of the evidence is such that the Committee can render a decision on the merits of the appeal without a hearing, it may do so.

  Where merited, the Committee will exercise its discretion to call a hearing. Hearings may be written or in person. The Committee will consider your preference as indicated on the Notice of Appeal form; however, it is not a determinative factor. An oral hearing may also be warranted in circumstances where documentary evidence requires clarification or where findings of credibility are required for the decision. If your request for an oral hearing is granted, you will receive notice of the hearing and related materials to your Ontario Tech email account.

  Credible evidence may include relevant supporting documents such as the following: (e.g. death certificate, travel documents, photos, third party statements).

• What can I expect at an oral hearing?

  Most oral hearings are scheduled to last for 1 to 1.5 hours. The Academic Appeals Committee will be composed of a panel of at least three members, consisting of the Chair, at least one faculty member and at least one student representative. The panel will listen to the evidence, and may ask questions and take notes throughout. 

  You and a Faculty representative will each have an opportunity to present your account of the events to the Committee.  Evidence may include:     
  i) oral testimony;    
  ii) witness testimony from third parties with direct knowledge of relevant facts; and/or  
  iii) documentary evidence. 
  
  Note that evidence relied on at the hearing must be disclosed to the Committee and the other party prior to the hearing.  The Committee is entitled to ask questions to understand and test the evidence.  Each party is also given an opportunity to ask questions of the other through the panel.  Opening and closing remarks are welcomed. 

  The Committee will take some time to deliberate following the hearing.  It typically takes 2-3 weeks to receive a written decision.  If the appeal is granted, the Committee has the discretion to:
  i) overturn the decision;     
  ii) substitute a different decision and/or sanction; or   
  iii) refer the matter back to the Faculty for reconsideration.

• Am I required to have a representative at the hearing?
  Most students represent themselves at a hearing. You may seek the assistance of the Ontario Tech Student Union or retain a legal representative (externally or through the OTSU). The Committee must be notified in advance of a hearing if you choose to have a representative attend with you. You will be responsible for ensuring the adequacy of your representation and all legal fees incurred.
• How do you handle my personal information?

  Personal information disclosed for the purpose of the Notice of Appeal is collected under the authority of the University of Ontario Institute of Technology Act, SO 2002, c. 8, Sch. O. and will be collected, protected, used, disclosed and retained in compliance with Ontario’s Freedom of Information and Protection of Privacy Act R.S.O. 1990, c. F.31. This information will be used for the sole purpose of reviewing, evaluating and adjudicating the academic appeal. Questions regarding the collection of personal information may be directed to Ontario Tech University’s Chief Privacy Officer, 2000 Simcoe Street North, Oshawa, ON L1H 7K4, 905.721.8668, ext. 6705, email: accessandprivacy@ontariotechu.ca.