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If you have missed the application deadline, state why that deadline should be waived and provide supporting documentation. Explain clearly what Faculty Committee decision you are appealing, what you are asking SAC to do for you, and what the grounds are for your appeal (new evidence or procedural irregularity). Provide the new evidence and explain why you were unable to provide it an earlier stage in the process. Or provide evidence of which procedure was not followed correctly. State whether or not you will attend the hearing if leave to appeal is granted, and whether you will bring a representative.
Example
I am appealing the decision of the Faculty of _________ on (date of decision letter) denying my request for (retroactive withdrawal/ deferral of examinations/ waiver of debarment, etc.)
I was unable to meet the 30-day deadline for appealing because (state reasons clearly and provide documentation to establish a case of ‘special circumstance’).
The grounds for my appeal are (new evidence: medical note that I was unable to obtain previously due to …, or procedural irregularity: the Faculty did not follow the procedure as stated in the undergraduate calendar, pg. 72 etc. …)
I am attaching a (medical form for …/ death certificate for … / travel documents showing that …)
I would like SAC to (grant retroactive withdrawal / allow me to repeat AS/ECON XXXX, etc.)
If leave to appeal is granted (I will not be able to attend / I would like to attend the hearing.)
Sincerely,
Signature
(Excerpt from the University Secretariat’s pamphlet on Student Appeals)
Regulations and Procedures
SAC or the Senate Appeals Committee is your last court of appeal at the university. The committee is comprised of eight faculty and three students. A panel of three comprised of one student and two faculty hears most appeals. If any member of that panel knows you they will declare themselves in conflict and a panel of two may hear your case. The secretary of SAC works out of The Secretariat’s Office in South Ross 883 and can be reached by phone at (416) 736-5012.
Your petition will only go to SAC after you have exhausted all possibilities at the faculty level. To appeal to SAC you need either new evidence, proof of a procedural irregularity or proof that there has been a violation of natural justice in your earlier hearings. New evidence is considered material that was not available to you previously, not simply things you forgot or left out of the original petition. Procedural irregularities can take many forms, and it is best to read through your Faculty’s particular policies for petitions with a fine-tooth comb before proceeding on this ground. A denial of natural justice refers to when you have not had opportunity to hear the case against you or have been unable to present your case.
Step one at SAC is to ask for “leave to appeal”. This is not overturning the original decision, but asking for permission to have a new hearing. This request must be filed within thirty days of your receipt of the results of your appeal at the Faculty level. If you intend to appeal to SAC, but do not have all the material together by the end of the thirty days, send them a letter of intent so that they know you intend to appeal. In this letter, explain why you do not have all materials together at this time; usually the thirty days can be extended. You can add additional information after submitting your letter.
Application for Leave to Appeal
The application must include:
a) the specific Faculty decision which is being appealed
b) the form of redress requested
c) the specific grounds on which the appeal is made
d) a statement that you wish to attend a hearing should one be granted, and whether you will be accompanied by a representative or have a representative appear for you.
*** please note that parties are not present at the leave to appeal hearing, except when the appeal concerns academic honesty and only then may make brief submissions on the question of granting leave to appeal ***
e) a summary of the evidence in support of these grounds. Appended, if not fully included within the statement of appeal, shall be:
i) the text if the Faculty decision being appealed
ii) the text of the relevant procedural regulations (if any) allegedly violated or otherwise deemed applicable to the case. It is your right to have, without charge, copies of all Faculty documents which may support the summary of evidence in a) to e).
A SAC panel then reviews the application for leave to appeal and renders a decision based on whether the applicant has presented facts that disclose procedural irregularity or new evidence.
a) if the finding is negative, SAC will inform the parties.
b) if the finding is positive, SAC may decide to arrange for a hearing at which the appeal will be considered on its merits (see procedures governing hearings at SAC) or the appeal may be referred back to the Faculty level to re-hear the case.
c) if the finding is positive and neither party has requested to attend a hearing, SAC may exercise its discretion and proceed to consider the appeal on its
merits and come to a decision.
Procedures Governing Hearings at SAC
At a hearing, you have the right to appear and to have representation as long as you cited this desire in your application for leave to appeal. You may bring a Lawyer, Advocate or anyone else you wish who may be of some support. As the appellant, you will be asked to make a submission and will be given the opportunity to offer a rebuttal to the respondent’s (Faculty Representative) statement. At the hearing, both parties will be allowed a full and fair opportunity to present evidence, argument, and to call and cross-examine witnesses.
The panel’s deliberations and decision will be taken in camera . Both parties will be informed of the decision in writing.
The panel can deny your appeal, refer the matter back to the Faculty for reconsideration, grant immediate relief, or in the case of an appeal relating to academic integrity/dishonesty direct a hearing de novo (Latin for ‘again’).
Where a hearing de novo is ordered in the case of academic dishonesty, the matter proceeds as if the charge had just been laid, and can be heard either at the Faculty level or before a panel of the SAC.
Where SAC itself renders a decision and there is evidence of procedural irregularity on the part of SAC, or new evidence, you may apply to SAC to have the matter reconsidered within 15 days of the posting of the decision.
You should note that the faculty can also appeal a decision. If you won an appeal and the faculty member is strongly opposed to the decision, they can appeal to SAC, in which case the procedures are the same except that the faculty member would speak first and last as the appellant.336 Student Centre, 4700 Keele St. York University, Toronto, M3J 1P3 tel:416.736.5324 | fax:416.736.5827 | yfs@yfs.ca