Student Code of Conduct Appeal

Process and Forms

The Student Code of Conduct Decision Appeal process allows students to challenge the outcome of a sanction based on specific grounds outlined in the A130: Student Code of Conduct policy (“Procedure 2: Appeal”). The student is responsible for substantiating these grounds for appeal within 10 College business days of receiving the “Major Case: Decision Letter” and “Conduct Report” from the Student Code of Conduct office.

Before proceeding with an appeal, students are encouraged to seek guidance from College resources such as the Ombuds Office or the Fanshawe Student Union (“FSU”) to clarify the issue and explore available options.

The appeal process can be initiated online by submitting a completed Appeal Form to the Dean of Students or designate, within the abovementioned deadline, accompanied by a detailed appeal letter with supporting documentation, desired resolution, and addressing the grounds for the appeal, which are as follows:

• Demonstrating a serious procedural or factual error prejudicial to the student;
• Presenting new evidence not available during both the preliminary investigation conducted by the Campus Security Services or the Student Code of Conduct office adjudication that casts doubt on its correctness or
• Arguing that the imposed sanction does not align with the severity of the violation.

The onus lies on the student to substantiate these grounds for appeal.

Dean of Students or Designate Review

The appeal process begins with submitting a completed Appeal Form to the Dean of Students or designate within the specified timeframe. The Dean of Students or designate reviews the appeal package submitted to determine if it meets the grounds for appeal within 5 College business days.

If the Dean of Students or designate deems the appeal package does not meet one or more of the grounds for the appeal or concludes it is lacking information or documents, then they will notify the student in writing, telling the need to amend it within 5 College business days and return it to a final review. If the student does not meet these requirements, the request for an appeal will be denied, and the imposed sanction decided by the Student Code of Conduct office will continue to be valid in its integral conditions, which will be binding and final.

It is important to clarify that if the grounds for an appeal are denied right away, the Dean of Students or designate will make this decision in consultation with the Vice-President of Student Services office. This decision will be binding and final.

Only appeals approved by the Dean of Students or designate that have a written statement based on substantiated grounds and evidence will proceed to the Appeal Hearing, which will be granted within 10 College business days, and once finished, its decision is final and binding.

Appeal Hearing

During an Appeal Hearing, the process is guided by specific protocols outlined in the A130: Student Code of Conduct policy. Notices and documents related to the appeal are primarily exchanged via email, with defined timelines for receipt and delivery to ensure procedural adherence. The Chair of the Appeal Hearing Committee oversees pre-hearing matters, including facilitating agreements on undisputed issues and managing amendments to witness lists. During the hearing, which is closed to the public, each party is allotted a maximum of 1 hour to present their case, including witnesses. The Chair ensures proceedings advance efficiently and relevant evidence is presented, maintaining fairness and adherence to protocol.

After the presentations, the Appeal Hearing Committee deliberates in a closed session to reach a decision and recommend remedies. The Committee’s decision, which includes whether the appeal should be granted, is based on the balance of probability of the evidence presented. The Committee may also offer recommendations related to the appeal. The final report, prepared by the Dean of Students or designate, is submitted to the Vice-President of Student Services within 3 business days of the hearing’s conclusion. The decision of the Appeal Hearing Committee, along with any remedies set by the Vice-President, is considered final and binding, concluding the appeal process.