11.8.9 Appeals Against Decisions

11.8.9.1 When an Applicant has been found to have committed an offence under the Code of Applicant Behaviour, whether or not that Applicant has been given a sanction, the Applicant may appeal that decision.  The written appeal must be presented to the Appeals Coordinator in University Governance within 15 Working Days of the deemed receipt of the decision by the Applicant.  The finding that an offence has been committed, the sanction imposed or both may form the basis of the appeal.  The written appeal must also state the full grounds of appeal and be signed by the Appellant.  The appeal shall be heard by the UAB.  (EXEC 01 MAY 2006) (EXEC 04 MAY 2009)

11.8.9.2  Appellants shall be granted temporary admission provided their applications meet Faculty requirements, and may register in classes.  Such temporary admissions are subject to cancellation if the appeal is denied.  (EXEC 01 MAY 2006) (EXEC 04 MAY 2009)

11.8.9.3   Due to the possibility that Applicants may not reside in Edmonton at the time of their appeal, Applicants may request to forego a formal hearing and elect to ask the UAB to hear the appeal only on paper.  The request will be made in writing to the Appeals Coordinator, who shall forward it to the Chair for decision.  (EXEC 04 MAY 2009)

11.8.9.4 The Provost or delegate shall:

a. Have access to student records held by a Faculty, Department or unit, Student Conduct and Accountability, the Office of the Registrar and Student Awards or University Governance in an instance where the Provost has invoked, or is considering invoking, the Protocol For Urgent Cases of Disruptive, Threatening or Violent Conduct (Section 91); (EXEC 03 MAY 2004)(BHRCC 05 MAY 2004) (EXEC 04 MAY 2009) (EXEC MAR 2016)

b. Intervene in a case concerning the Code in a case being heard, already heard, or about to be heard by the UAB in an instance where the Provost has invoked, or is considering invoking, the Protocol For Urgent Cases of Disruptive, Threatening or Violent Conduct (Section 91)." (EXEC 03 MAY 2004) (BHRCC 05 MAY 2004)

11.8.9.5  The University Appeal Board shall adhere to the same powers as contained in the Code of Student Behaviour, excepting those instances where these powers limit or alter powers as defined in the Code of Student Behaviour. (CLRC 25 SEP 2003) (EXEC 06 OCT 2003)

11.8.9.6 Where the applicant denies the commission of the offence or appeals the severity of the sanction, the University Appeal Board shall consider the appeal. In hearing an appeal, the UAB: 

a) shall give all parties to the appeal the opportunity to be heard and to present evidence;
b) in addition to considering the evidence presented and the arguments and submissions of the parties, may consider the written reports or written decisions that are under appeal; and
c) may make any finding or decision of its own, or otherwise confirm, reverse or vary the decision under appeal.  (The UAB, as delegate of General Faculties Council and the Board of Governors, shall have authority to determine whether or not an offence has been committed and to confirm, vary or quash sanctions imposed under this Code.) (CLRC 25 SEP 2003) (EXEC 06 OCT 2003)

11.8.9.7 Where the University Appeal Board decides that the applicant is not guilty of the offence, the appellant's application will be considered on the same basis as all other applicants.