30.5.1 The General Rules of Discipline and Appeal

30.5.1(1)       There are seven main disciplinary and appeal streams:

30.5.1(1) a     A complaint is initiated by a member of the University Community under 30.5.2. The Unit Director, Dean or Director of UAPS must first determine whether pursuing the charges is warranted; if so, the investigation is undertaken and/or a decision is made by the Unit Director,  Director of UAPS, Dean or Discipline Officer following the steps in 30.5.5, 30.5.6(3), 30.5.7 or 30.5.8. The decision of the Unit Director, Dean or Discipline Officer may be appealed under 30.6 to the UAB whose review decision is final and binding.
(GFC 28 SEP 2015)

30.5.1(1) b     A complaint is initiated by an Instructor respecting Exclusion under 30.3.3. The Instructor makes a recommendation to the Dean; the Dean investigates and decides following the steps in 30.5.7. The decision of the Dean may be appealed under 30.6 to the UAB whose review decision is final and binding.

30.5.1(1) c     A complaint is initiated by an Instructor respecting Inappropriate Academic Behaviour under 30.5.4 or Misrepresentation of Facts [30.3.6(4) or Participation in an Offence [30.3.6(5)] in cases respecting Inappropriate Academic Behaviour. The Instructor makes a recommendation to the Dean who investigates and makes a decision following the steps in 30.5.7. The decision of the Dean may be appealed under 30.6 to the UAB whose review decision is final and binding. (CLRC 30 MAY 2002)

30.5.1(1) d     An investigation respecting an Inappropriate Use Offence is initiated by a Unit Director, who, on a finding that an offence has been committed, may impose Minor Sanctions and/or may recommend Intermediate Sanctions or Severe Sanctions (or some combination thereof) following the steps in 30.5.5. If an Intermediate or a Severe Sanction is recommended, the Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are made to the UAB under 30.6, whose review decision is final and binding.

30.5.1(1) e     A Violation Notice and associated Fine and/or Restitution is issued by University of Alberta Protective Services which may be contested before the Director of UAPS or the Discipline Officer under 30.5.6(2).

30.5.1(1) f     An investigation is initiated by the Director of UAPS, leading to a recommendation for Sanction to the Discipline Officer. The Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are to the UAB under 30.6, whose review decision is final and binding. (CLRC 29 NOV 2001)

30.5.1(1) g    An investigation is initiated by a Dean, who, on finding that an offence has been committed, may impose Minor Sanctions or Intermediate Sanctions or may recommend Severe Sanctions (or some combination thereof) following the steps in 30.5.7. If a Severe Sanction is recommended, the Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are made to the UAB under 30.6, whose review decision is final and binding.

30.5.1(2)       The following procedures do not preclude charges of Breaches of Rules External to the Code [see 30.3.6(2)] being laid against Students.

30.5.1(3)       If a University staff member authorized to make a discipline decision has a conflict of interest in relation to particular allegations respecting a Student, the staff member shall so notify the Provost and Vice-President (Academic). The Provost and Vice-President (Academic) or delegate shall appoint and authorize another staff member to make the discipline decision and to perform all activities in connection with the decision.

30.5.1(4)       A discipline decision may be appealed by a Student who has been found to have committed an offence under the Code. 

30.5.1(5)       Students may appeal discipline decisions only once.  Therefore, the following restrictions apply:

30.5.1(5) a    Because the Student already has the right of appeal under the Code, a Student may not appeal to the Faculty Academic Appeals Committee a mark of F  given as a result of a discipline decision or an Academic Standing decision that is solely the result of a discipline decision. (CLRC 27 MAR 2003)

30.5.1(5) b    If a Student’s Academic Standing  is changed as a result of a discipline decision by the Dean or Discipline Officer to assign a mark of 0 on an assignment or lower the final mark, whether or not the final mark is accompanied by a remark, indicating Inappropriate Academic Behaviour, the Student may appeal to the Faculty Academic Appeals Committee only that portion of the mark unaffected by the sanction.  In the case of an appeal to the Faculty Appeals Committee, there will be full and open disclosure of all aspects of the discipline decision.  The Faculty Academic Appeals Committee cannot change that portion of the mark affected by the Dean or Discipline Officer’s decision. (CLRC 27 MAR 2003)

30.5.1(5) c    Because the Student has already had the right of appeal under the Code, a Student may not appeal an Academic Standing decision that is solely the result of a discipline decision to the Faculty Academic Appeals Committee.

30.5.1(5) d    A Student may appeal to the Faculty Academic Appeals Committee an Academic Standing decision that is not solely the result of a discipline decision. In the case of an appeal to the Faculty Academic Appeals Committee, there will be full and open disclosure of all aspects of the discipline decision.  The Faculty Academic Appeals Committee cannot change the portion of any mark affected by the discipline decision.

30.5.1(6)       Notice to Students

30.5.1(6) a    Material or decisions pertaining to a disciplinary process or appeal, and notice of appeal hearings may be hand-delivered, sent by e-mail, courier, or sent by any method of delivery offered by Canada Post.  In cases where students have an official campus address, material may be sent to that address by campus mail.  Alternatively, at the Student’s request, the Student may pick up the material, decision or notice at an arranged place. (CLRC 25 SEP 2008) (CLRC 29 JAN 2009) (CLRC 24 MAY 2012)

30.5.1(6) b    When sent by Canada Post, campus mail or courier,  the material, decision or notice shall be sent to the last address provided by the Student to the University. (CLRC 25 SEP 2008) (CLRC 29 JAN 2009)

30.5.1(6) c    Delivery is deemed to have been effected on the date of pick-up, receipt of hand or courier delivery or five (5) Working Days after being sent by Canada Post to Canadian addresses, and seven (7) Working Days after being sent by Canada Post to International addresses, or two (2) Working Days after being sent by campus mail.. In accordance with the University’s Electronic Communication Policy for Students and Applicants, (University Calendar, Section 20.3), electronic communications sent by the University will be deemed received the next University business day after the day the e-mail was sent.  (CLRC 25 SEP 2008) (CLRC 29 JAN 2009) (CLRC 24 MAY 2012)

30.5.1(6)d     Notices, decisions and other appeal materials sent to a Dean, University of Alberta Protective Services, Discipline Officer or a Unit Director shall normally be sent by campus mail.  Any of the other methods of delivery noted in this part may also be used.  (CLRC 29 JAN 2009)