30.6.4 Procedures Prior to a Hearing

30.6.4(1)       As soon as an appeal is received the Appeals Coordinator shall:

30.6.4(1) a             provide the Appellant with a written acknowledgement of the appeal;

30.6.4(1) b             provide the Student or Applicant with a list of on-campus sources of assistance; (EXEC 01 MAY 2006)

30.6.4(1) c             provide the Respondent with a copy of the written appeal, and advise the Respondent that a response is required within 10 Working Days; (CLRC 30 MAY 2002)

30.6.4(1) d             select a Chair for the UAB hearing;

30.6.4(1) e             provide both the Appellant and the Respondent with the name of the proposed UAB Chair and the names of all members of the panel;

30.6.4(1) f              direct the Registrar to withhold Degrees, certification of marks and/or transcripts pending the outcome of the appeal;

30.6.4(1)g              suspend any sanctions, except exclusions, imposed by the Dean or Discipline Officer, and suspend any sanctions imposed by University of Alberta Protective Services, the Registrar or Unit Director. (BEAC 22 APR 2005) (EXEC 01 MAY 2006)

30.6.4(2)       The Appellant and Respondent will have 5 Working Days after receipt of the names to lodge a written challenge with the Appeals Co-ordinator requesting that the proposed UAB Chair or a panel member not serve on the appeal.

30.6.4(3)      Challenges may be made only on the grounds that the proposed UAB Chair or panel member may have a bias that would prevent a fair hearing and must include written reasons to support the challenge. The Chair shall consider and rule upon the challenge. The decision of the Chair may be made without a hearing and shall be final and binding. If the UAB Panel has been constituted, the Appeals Coordinator will replace the UAB member with another member who will be selected by rotation from the same constituent group (i.e., academic staff, undergraduate Student or graduate Student). (EXEC 04 JUN 2012)  

30.6.4(4)       For each appeal, every attempt will be made to have a member in reserve from each category, prepared in advance to attend the hearing. (CLRC 30 JAN 2003)

30.6.4(5)       All UAB members should declare to the Appeals Coordinator their interests, if any, in a particular case in order to ensure objectivity and a fair hearing.

30.6.4(6)       The Appellant and Respondent must notify the Appeals Coordinator immediately upon selecting an Advisor or retaining legal counsel for purposes of representation at the UAB hearing.

30.6.4(7)       Upon receipt of the response to the appeal, a copy will be provided to the Appellant.

30.6.4(8)       Appeals are intended to proceed in a timely manner and the hearing date will normally be set to occur within 30 Working Days of the receipt of the appeal.

30.6.4(9)       A witness list must be provided to the Appeals Coordinator by both the Appellant and the Respondent at least 5 Working Days prior to the hearing date. The Appeals Coordinator shall ensure that as witnesses become known, the other party and the UAB are informed as to the identity of the witnesses.

30.6.4(10)     The UAB Chair in consultation with the Appeals Coordinator will decide any procedural questions that arise before the hearing.

30.6.4(11)     Either the Appellant or the Respondent may request in writing an extension of any time limits. The UAB Chair may extend any of the time limits where the UAB Chair is of the opinion that the applicant has a reasonable ground for requesting such extension.  The decision of the UAB Chair may be made without a hearing and shall be final and binding. 

30.6.4(12)     a.   The Appeals Coordinator shall consult with the Chair, who shall set a time and place for the hearing of the appeal.  (CLRC 30 MAY 2002)

b.      Reasonable delays are allowed but should either party feel that an unreasonable time has passed without the date of the hearing being set, either party may appeal to the UAB Chair, through the Appeals Coordinator, for a ruling as to whether the delay is reasonable.  If the UAB Chair decides the delay is unreasonably long, then the UAB Chair shall set the appeal hearing date within 10 Working Days and the appeal hearing must occur within 20 Working Days. The decision of the UAB Chair may be made without a hearing and is final and binding. (CLRC 30 MAY 2002)

c.       The UAB Chair sets the time and place for the hearing, and the Appeals Coordinator shall constitute the University Appeal Board and provide its members with:

i.                     the date, time and place of the Appeal Hearing,

ii.                   the appeal and any documentation from the respondent, and

iii.                  if applicable, the written report of the Discipline Officer. (CLRC 30 JAN 2003)

30.6.4(13)    The Appeals Coordinator shall make certain that both parties have access to the Student’s or Applicant's discipline file held in Student Conduct and Accountability, Dean’s Office, the Director of University of Alberta Protective Services' Office, the Registrar's Office or the Unit Director’s Office, up until the time of an appeal hearing. (CLRC 29 MAY 2003) (EXEC 01 MAY 2006) (EXEC 02 APR 2012)(EXEC MAR 2016)

30.6.4(14)     Notices and other appeal materials sent by the Appeals Coordinator may be hand-delivered, sent by courier, or by regular or registered mail in accordance with 30.5.1(6). In all cases, the Appeals Coordinator will decide which method of delivery will be used.

30.6.4(15)     Once the date for the appeal hearing is set, the Dean and/or the Director of UAPS shall inform the Complainants that they may request permission to attend the full hearing of their case.  The Director of UAPS shall forward such requests to the Appeals Coordinator. The UAB Chair shall decide whether a Complainant may attend as an observer for all or part of the hearing.