Form C Appeal to the Senate Board for Student Appeals (SBSA)
An appeal to the Senate Board for Student Appeals (SBSA) is the final step a student may take within the University to secure a remedy. The decision from a lower level stays in effect unless and until it is overturned on appeal. This means that submitting an appeal will not prevent the decision being appealed from being carried out.
Information Box Group
Deadline to file the Form C
Students have three (3) weeks from receipt of the decision to file the Form C with the University Secretariat.
Decisions that may be appealed to the SBSA:
- Academic Integrity decisions made by a Faculty Adjudicator
- Form B Formal Inquiry decisions
- Code of Student Rights and Responsibilities – decisions that impose a sanction of suspension, expulsion, or involuntary withdrawal (for violations that do not involve Sexual Violence, Discrimination, and/or Harassment.)
When will the Hearing be scheduled?
Hearings are usually scheduled between four (4) to eights (8) months after receipt of the appeal, but can take longer. Most hearings are scheduled in the Fall/Winter Terms. They are rarely scheduled in Spring/Summer.
Why does it take this long to schedule a hearing? The Respondent must provide a response to the appeal, which usually takes at least four (4) weeks. Scheduling can only begin after both parties’ submissions have been received because the number of witnesses testifying determines how much time is required for the hearing; and if the parties have Legal Counsel/Advisor, their availability will also affect the scheduling process.
How to file the Form C Preparing Your Appeal Submission
The Form C is located on the Preparing Your Appeal Submission page where you will find important information on:
- preparing your arguments
- gathering your evidence
- calling witnesses
- will-say statements
- what happens at the hearing
- Advisor or Legal Counsel
- onus and burden of proof
Principles of Procedural Fairness
Administrative law is comprised of legal rules and common law principles, which govern the conduct of administrative tribunals. Administrative tribunals are meant to provide a less formal, decision-making process that is more efficient and flexible than the traditional court system. Nonetheless, tribunals cannot act beyond their legal authority or jurisdiction, and must adhere to the principles of procedural fairness.
Meaningful Participation
The parties also have the right to meaningful participation in the hearing process. This usually means they have an opportunity to be heard, present their side of the story or dispute the other side’s story.
Parties should be allowed to present evidence and argument. Depending on the type of decision, this could be done through writing, phone, video or an in-person hearing.
Right to Know the Case
The Appellant and Respondent (the “parties”) should be advised of the information that will be used by the tribunal in making its decision. Disclosure is integral to a party’s right to know the case to be met.
Disclosure includes the names of possible witnesses, and any documents or other materials submitted by the parties.
Right to Call Witnesses
At a hearing, the parties are generally entitled to call witnesses to give evidence that supports their case.
Witnesses should be able to provide the Tribunal with direct evidence (preferably first-hand knowledge of the facts) about your case.
Right to Cross-Examine Witnesses
Both parties can ask questions of the other side, including the other party’s witnesses. This right is especially important in cases where the tribunal must determine the facts of the case because there are different views of the facts, the alleged violation is under dispute, and/or the issues are adversarial.
Right to Representation
Parties may be represented by legal counsel, or accompanied an advisor such as a friend, a peer, or an advocate.
Impartial Decision Maker
An impartial decision maker means that the Tribunal members who decide the case will be unbiased and will make a decision based only on the arguments and evidence presented at the hearing. It also means that the Tribunal members cannot have (or appear to have) any personal connection with the parties or any personal interest in the outcome of the case.
Decision and Reasons
The Tribunal that hears the parties’ submissions during the hearing must be the person who decides the case.
The decision maker must give sufficient reasons for the decision. This helps the parties understand how the adjudicator came to that decision. What amounts to sufficient reasons depends on the type of decision. Generally, the more important the decision, the more thorough the reasons given are and are often in writing.