Information Box Group
What are the questions on the Form C? Learn more
This page provides the questions that are in the Form C, so that you may prepare your responses before completing the form.
Form C: Appeal to the SBSA Fill out the Form Here
The Form C is now available using Microsoft Forms!
Please note that only people in McMaster University can respond to this form, and your name will be recorded.
Contact the Hearings Email Hearings Email
Should you experience difficulties filling out the Form C or submitting documents, please contact the Hearings email.
Information you need to include in your Form C submission
Who is the Decision Maker whose decision is being appealed?
Academic Integrity – you are appealing the Faculty Adjudicator’s decision
Form B Formal Inquiry – you are appealing the Assistant/Associate Dean’s decision.
Documents
You will have to submit your evidence when you submit your Form C Appeal.
These documents will be given to the other party, who has the right to examine them and provide their own documents in response.
Witness Will Say Statements
A “will say” statement must be included for each witness you are calling to testify.
A ‘will say‘ is a brief statement that is written by you (the Appellant) summarizing the material facts which you believe the witness will give as testimony during a hearing.
Advisor or Legal Counsel
Parties have the right to be accompanied by an Advisor or represented by Legal Counsel.
An Advisor is a person of the Appellant’s choice (e.g., a friend, family member, colleague) who accompanies them and may represent the Appellant at the hearing.
Onus and Burden of Proof
In any appeal, the Appellant shall bear the onus of showing that an injustice or error has occurred at the level of the decision being appealed. This means that the Appellant must present their arguments to support their belief that the Respondent’s decision was unfair, unreasonable or unjust, within the context of the relevant Policy under which the initial decision was made.
Prima Facie Case
A prima facie case means a case which, after assuming the validity and credibility of the summarised testimony, otherwise meets the burden of proof for establishing a successful appeal.
A failure to disclose a prima facie case would be if the Appellant has failed to provide any arguments to support their belief that the Respondent decided the matter and/or applied a policy (or penalty guidelines), in an unfair, unreasonable or unjust way.
Summary Dismissal Request
A summary dismissal request is when the Respondent makes a request that the appeal (or any portion of the appeal) should be dismissed instead of proceeding to a Hearing before a Tribunal.
Arguments for such a request may be that: the SBSA does not have jurisdiction to hear a matter; timelines have not been complied with and there is no valid reason to explain the delay; or the Appellant has failed to disclose a prima facie case to be heard by the SBSA.
What are Arguments?
At the Hearing you will make an Opening Statement where you will present your arguments to the Tribunal. You want the Tribunal to understand the reasons why you are appealing and what you want the outcome of the appeal to be. Remember, you are trying to persuade the Tribunal to overturn the decision you are appealing.
When preparing your arguments you will need to identify the issues, gather the relevant facts, and apply the relevant policies to those facts. You should also consider what counterarguments the Respondent may have to defend their decision and be prepared to address those issues. Your arguments should be backed up by the evidence presented during the hearing. You can also use your argument to explain why the other party’s case or evidence is not strong.
Closing Arguments are your last opportunity to convince the Tribunal to decide in your favour, to remind them of the most important pieces of evidence that support your case, and restate what you want the outcome to be.
What is evidence?
Evidence deals with proof; it is the information used by the parties to prove or disprove their case. Evidence includes the testimony of the parties and their witnesses. It can also include documents such as exam papers, emails, and letters, or other evidence such as photographs, videotapes, and audio recordings.
The arguments of the parties are not evidence; arguments are an analysis of what happened. Earlier decisions are not evidence; if a decision has been appealed to the tribunal, the decision is a part of the record but it is not something that the parties have to establish (prove to the tribunal).
Best Evidence
The success of your case depends on the evidence that you provide to support your position.
The “best evidence” is always direct, relevant and original documents, statements, or other information that support the facts of your case.
Relevant Evidence
Relevant evidence relates to the issues and facts. When gathering your evidence you should ask yourself “does this evidence help prove the facts of my case?”
Direct Evidence
Someone who witnessed an event that is important to your case will be able to give direct evidence about what happened. This evidence is much better than someone who was told of an event, but did not see it happen.
**Some of the content above has been adapted from AdminLawBC.ca by the Justice Education Society