6.16 Appeal of Decisions
6.16.1 General Information
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Every student has the right to appeal decisions resulting from the application of University regulations.
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Appeals will be considered in the case of health issues, bereavement and/or other acceptable cause, duly authenticated.
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For assistance in the appeals process, a student is advised to consult with the Office of the Registrar.
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In preparing an appeal a student may consult advisors. Such advisors may include a representative from a Memorial University of Newfoundland student union, an international student advisor, a faculty advisor, a counsellor or a faculty member who is familiar with the appeals process and who is willing to undertake the role of student advisor or facilitator.
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Appeals are made before specific committees that exist at the University to provide an objective review of cases. The appeals process is designed to assist a student at critical points in the student's university career, and to provide an accessible and transparent process for a student. A student should refer also to the Routes of Appeal of Academic Regulations below for information concerning where appeals should be directed.
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The principles of natural justice shall be applied to the appeals processes and decisions. These principles include, but are not limited to, such practices as all parties to the appeal receiving timely and adequate notice, all parties to the appeal having the opportunity to submit arguments and supporting documentation and all parties to the appeal being made aware of the evidence considered by the committee. No person shall sit in judgment on an appeal if that person has been previously involved in a decision-making process related to the matter under appeal or if that person has any conflict of interest, bias or reasonable apprehension of bias.
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While the University makes provision for a student to appeal decisions made under University regulations, the academic, financial or other consequences of the appeals process rests with the student.
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When an appeal is denied, the student shall be advised in writing of the reasons for the decision and if there are further steps that can be taken in the appeals process.
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A student whose appeal is denied by the Senate Committee on Undergraduate Studies may appeal to the Senate Committee on Academic Appeals. Academic units whose decisions are overturned by the Senate Committee on Undergraduate Studies may appeal to the Senate Committee on Academic Appeals. Decisions of the Senate Committee on Academic Appeals are final and within the University there is no further appeal.
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Unless the student bringing the appeal requests otherwise, student appeals are heard anonymously by all committees except the Senate Committee on Academic Appeals.
6.16.2 Routes of Appeal of Academic Regulations
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Normally, the responsibility for making an appeal before the appropriate committee of the University rests with the student.
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A student who is ineligible to register for courses officially but who wishes to attend classes, laboratories or other educational activities while an appeal is in progress can do so only with the written permission of the academic units offering the courses. Such permission shall not be unreasonably withheld.
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A student whose request for waiver of regulations has been denied may direct the appeal as described below.
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Course prerequisites or co-requisites: to the appropriate faculty/school committee on undergraduate studies. No further appeal is possible;
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Applications to write Deferred Final Examinations: to the appropriate faculty/school committee on undergraduate studies;
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Program Regulations: to the Senate Committee on Undergraduate Studies, c/o The Office of the Registrar, where the appropriate committee on undergraduate studies denies the request for waiver;
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General Academic Regulations (Undergraduate): to the Senate Committee on Academic Appeals, c/o The Office of the Registrar;
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Decisions of the Senate Committee on Undergraduate Studies: to the Senate Committee on Academic Appeals, c/o The Office of the Registrar;
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Scholarships, Bursaries, Awards, Medals and Prizes Regulations: to the Senate Committee on Academic Appeals, c/o The Office of the Registrar; and
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Decisions of a Faculty/School under Regulations for Readmission and Advancement, 7. of the Faculty of Education; Promotion Regulations, Other Information, bullet four of the School of Human Kinetics and Recreation; Regulations for the Degree of Doctor of Medicine, Promotion, 6. of the Faculty of Medicine; Promotion Regulations, 12. of the Faculty of Nursing; Promotion Regulations, Other Information of the School of Pharmacy; or Academic Requirements and Promotion Regulations, Promotion Status, Other Information, 1., bullet three of the School of Social Work: to the Senate Committee on Academic Appeals, c/o The Office of the Registrar.
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6.16.3 Route for Questioning Grades
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Grades awarded in individual courses cannot be appealed, as the student shall normally have had the opportunity to contest grades immediately after the release of examination results (see Access to Final Examination Scripts and Rereading of Final Examination Scripts). Dissatisfaction with grades is not sufficient grounds for an appeal.
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Notwithstanding the above, and recognizing that the awarding of grades is an academic matter within the purview of experts in a discipline or subject area, a student who wishes to question the grades awarded in individual courses may consult with the following in the order given:
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the course instructor
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the head of the appropriate academic unit
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the Dean of the appropriate Faculty/School or Vice-President of the Marine Institute.
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6.16.4 Information Required in Letters of Appeal
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Except in the case of appeals to the Senate Committee on Academic Appeals, appeals must be made in writing, clearly stating the basis for the appeal, and must be directed to the secretary of the appropriate University committee.
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In the letter of appeal, the student must clearly and fully provide:
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name,
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current address and telephone number,
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Memorial University of Newfoundland e-mail address,
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student ID number,
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the decision being appealed,
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the grounds of appeal, and
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the resolution being sought.
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When providing grounds for the appeal, including health issues, bereavement and/or other acceptable cause, a student must present independent evidence to corroborate statements made in the letter of appeal. Preferably, this evidence will come from a professional, such as a health professional, a counsellor, or a professor. However, certificates from other knowledgeable parties may be acceptable.
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A student shall include with the letter of appeal any submissions the student wishes to make in support of the appeal.
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In cases where an appeal is based on health issues, the student must produce an original certificate from a health professional. This should normally be in the form of the Student Health Certificate, available at www.mun.ca/regoff/forms.php. For further information see Information Required in Certificates from Health Professionals.
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A student claiming bereavement as grounds must provide an obituary notice or death certificate, together with evidence of a close personal relationship between the student and the deceased.
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Privacy and Confidentiality: The committees to which appeals are made do require substantial information about the reasons for the appeals in order to make their decisions. However, the committees also recognize each student's right to privacy and its obligations, under the Access to Information and Protection of Privacy Act, to safeguard a student's personal information.
6.16.5 The Senate Committee on Academic Appeals
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Appeals shall be initiated by submitting a written Notice of Appeal, c/o The Office of the Registrar, containing the following:
When the Notice of Appeal is from a student:
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name,
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current address and telephone number,
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Memorial University of Newfoundland e-mail address,
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student ID number,
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a copy of the decision giving rise to the appeal,
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supporting documentation,
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a description of the matter under appeal,
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the grounds of appeal, and
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the resolution being sought.
When the Notice of Appeal is from an academic unit:
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name of the Head of the academic unit,
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Memorial University of Newfoundland e-mail address,
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a copy of the decision giving rise to the appeal,
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supporting documentation,
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a description of the matter under appeal,
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the grounds of appeal, and
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the resolution being sought.
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The Notice of Appeal should include, in writing, relevant information in support of the appeal.
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Except with the approval of the Executive Committee of Senate, notices of appeal shall be submitted no later than the last day of classes in the semester following the semester in which the decision under appeal was sent to the student.
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In accordance with the principles of natural justice, students and academic units are entitled to make an oral presentation.
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Appeals shall be heard either through written submission only or through an oral presentation, as requested. No inferences shall be drawn from the choice.
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When an appeal is heard by an oral presentation, a student may be accompanied by an advisor (see Appeal of Decisions, General Information, 4.). A student may participate in person, or at the expense of the University, by way of teleconference, or by such other means approved in advance by the Committee; however, any expenses incurred by the student are the responsibility of the student.
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Decisions of the Senate Committee on Academic Appeals are final and within the University there is no further appeal.
6.16.6 Information Required in Certificates from Health Professionals
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A student who requests permission to drop courses; to withdraw from University studies; to have examinations deferred or to obtain other waivers of University, departmental or course regulations based on health issues is required by the University to provide, in support of the request, a certificate from a health professional in the form of a note or letter. While not compulsory, this should normally be in the form of the Student Health Certificate, available at www.mun.ca/regoff/forms.php. If a note or letter is provided other than in the form of the Student Health Certificate, the submission must be on letterhead. Such certificates must be sufficiently specific to allow a proper consideration of a student's case. The University requires that all such certificates must be signed by the health professional, must confirm the specific dates on which the student visited the health professional and should include details on the following:
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the degree to which the health issue (or treatment, in the case of medication, for example) is likely to have affected the student's ability to study, attend classes, or sit examinations;
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the length of time over which the student's abilities were likely hampered by the condition (e.g., recurring and severe back pain over a two-month period would likely have a more adverse effect on studies than a single episode of back pain requiring bed rest for a week);
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the fitness of the student to resume studies (it is in the student's best interest not to return to studies prematurely).
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The University respects the privacy of students and will keep confidential all such certificates. A student should request that the health professional retain a copy of such a certificate in case the certificate needs to be verified or reissued at a later date.