Procedures for the Senate Committee on Undergraduate Studies for considering an Appeal or considering a case of Academic Misconduct

Appeals can come before the Senate Committee on Undergraduate Studies when denied at the academic unit level.  Academic misconduct matters can come before the Senate Committee on Undergraduate Studies or, in the case of students attending Grenfell Campus to the Corner Brook sub-committee of the Senate Committee on Undergraduate Studies, either directly (at first instance) or because the allegation cannot be resolved at the unit level.  The procedure for each type of consideration by this committee is set out below.

The Committee

1. None of the members of the Committee considering an appeal or a case of academic misconduct shall be from the academic unit from which the allegation/appeal originates.
2. None of the members of the Committee considering an appeal or a case of academic misconduct shall have been involved in any prior decision-making with respect to the matter under appeal or have any conflict of interest, bias or reasonable apprehension of bias.
3. If the Chair of the Committee is not participating in the meeting, the Chair shall designate another Committee member to Chair the meeting.

Procedure of Appeals

1. All appeals shall be heard and considered anonymously unless the student bringing the appeal requests otherwise.
2. In the first instance, the Secretary shall provide the student’s appeal for reconsideration to the committee whose decision is being appealed. Should the original committee uphold its original decision, the appeal shall be heard by the Senate Committee on Undergraduate Studies.  Should that committee offer additional reasons for its decision, the student shall be given an opportunity to review the additional information and comment before the Senate Committee on Undergraduate Studies hears the appeal.
3. The faculty/school/campus submission to the Senate Committee on Undergraduate Studies shall consist of the letter to the student from the previous committee, together with additional reasons for its decisions, if any are offered.
4. The student’s appeal, which includes all required supporting documents, shall be provided to the Committee by the Secretary. Should the Committee require additional information, it shall be sought from the student or, if obtained from another party, the student shall be given an opportunity to review and comment before the Committee considers such information.
5. A copy of the student’s transcript shall be provided to the Committee.
6. Once the Committee has all required information it shall consider the appeal.
7. The decision of the majority of the members present throughout the entire process shall constitute the decision of the Committee.
8. The Secretary shall prepare written reasons for the Committee’s decision and communicate the reasons to the student, the academic unit and the Registrar’s Office.
9. Where the student’s appeal has been unsuccessful the Secretary, when providing the student with the decision, shall advise the student of the right to appeal.
10. Any failure by the academic unit to provide, within the time period stated in the request, additional information requested by the Committee for the determination of the appeal may result in the appeal being successful.
11. Any failure by the student to provide, within the time period stated in the request, any additional information requested by the Committee, may result in the appeal being determined with the information or input from the student.

Procedures on Hearings of Academic Misconduct

1. The Secretary of the Committee shall provide to the Committee with the meeting agenda all information received from the investigator as well as comments from the accuser, the accused student and other individuals interviewed by the investigator.
2. The investigator shall attend the meeting held to consider the case, to present the report, to answer questions of fact raised by the Committee, and to clarify information contained in the Report. Should the investigator provide additional information not contained in the report, the student shall be given an opportunity to review and comment before the Committee considers such information.
3. The investigator shall be absent during discussion of the case and the voting process. Findings of guilt or innocence shall be made using the standard of balance of probabilities.
4. Should the Committee require additional information, it shall be sought from the student or, if obtained from another party, the student shall be given an opportunity to review and comment before the Committee considers such information.
5. If the student declines or fails either to provide further information or to comment on additional information obtained by the Committee within the time period stated in the request, the Committee may proceed to consider the matter without the information or comment.
6. If the Accuser fails to provide information required for the determination of a matter, or fails to provide additional information requested by the Committee within the time period stated in the request, the Committee may dismiss the matter or, if it would not be unfair to the student to do so, determine the matter without the information.
7. The Committee shall first determine by a majority vote of members who have been present throughout the consideration of the allegation, whether the accused student is guilty of the offence (or each offence, if more than one).
8. If the accused student is found guilty of the offence (or more than one if there are multiple offences) the Committee shall then determine by a majority vote of members who have been present throughout the consideration of the allegation, the appropriate penalty in accordance with Penalties in the Case of Resolution by the Senate Committee on Undergraduate Studies.
9. Where the accused student is found guilty of more than one offence, the Committee should consider an appropriate penalty for each offence or, if appropriate, a penalty for the set of offences.
10. The Secretary shall prepare written reasons for the Committee’s decision on the allegations and for its decision on the penalty where there has been a finding of guilt and deliver the reasons to the student, the academic unit and the Registrar’s Office.
11. Where a finding of guilt has been made against a student, the Secretary, when providing the student with the decision, shall advise the student of the right to appeal.