1. This policy applies to all Lambton College students.
2. This policy applies to the following types of decisions:
   1. Academic evaluations, including final grades
   2. Findings and sanctions associated with academic integrity or non-academic misconduct, limited solely to cases where:
      1. There is new information that, through no fault of the respondent, was unavailable at the time of the initial Hearing and is likely to change the outcome;
      2. There is evidence of procedural error or bias in the process;
      3. The sanction imposed is grossly disproportionate to the nature of the offense.
   3. Admissions Decisions
   4. Prior Learning Assessment & Recognition
   5. Denial of a Request for Academic Consideration
   6. Academic Accommodation of Students with Disabilities
   7. Co-op eligibility
3. This policy is limited to the misapplication or misinterpretation of academic and disciplinary policies. Operational decisions, such as course delivery, evaluation procedures, admissions and graduation requirements, as well as the content of the policies themselves, are not appealable.
4. This policy is limited to the appeal of individual academic and disciplinary decisions impacting students. Lodging a complaint under other college policies, such as, but not limited to, the list below, will have separate procedures documented within those policies.
   1. Review of Instruction
   2. Respectful College Community
   3. Academic Accommodation of Students with Disabilities
   4. Confidentiality & Privacy of Information and Records
5. Lambton College recognizes that students may need assistance in identifying the appropriate appeal or complaint resolution mechanism and may need further support through the process. Students needing such support are encouraged to contact their Student Success Navigator.

Policy

1. Students have a right to appeal decisions where they perceive a misapplication or misinterpretation of academic and disciplinary policies within the scope of this policy.
2. An appeal request must be lodged within the prescribed procedures and timelines described in the Appendix below. Exceptions may be granted at the College’s discretion, where there are extenuating circumstances.
3. Any appeals or complaints that fall outside the scope of this policy will not proceed.
4. Appeals will be conducted in a procedurally fair manner. Procedural fairness includes the following:
   1. Communication: a student who is impacted by a decision shall be informed of that decision.
   2. Preparation: all parties shall be given sufficient time to gather evidence and prepare their case.
   3. Opportunity to be Heard: the student shall be given a reasonable opportunity to have their perspective heard and considered.
   4. Impartial Decision-maker: the decision-maker shall act fairly and without bias. Where the typical decision-maker as described in the procedures below has had significant involvement in the case leading up to the appeal, an alternate shall be appointed.
   5. Inquiry: students have the right to ask questions about the process and procedures and have those questions answered.
   6. Results: all parties shall be informed of the results of their appeal.
   7. Confidentiality: appeals processes are confidential in nature, and information will only be shared regarding individual appeals with those who support the process. Records will be retained in accordance with the College’s Records Retention Policy.
5. The onus is on the appellant to demonstrate that the decision being appealed was inappropriate, faulty and/or unfair.
6. The standard of proof for appeal decisions is the balance of probabilities. Under this standard, proving something on a balance of probabilities means that, given the evidence, it is more likely than not to have happened/occurred. In most cases, an appellant will be allowed to progress and continue in their academic courses until the appeal process is finalized. Exceptions are at the discretion of the Director, Institutional Intelligence & College Registrar, and include non-academic misconduct suspensions or expulsions, any interim measures imposed, and/or cases of health and safety concerns that may impact co-op, placements, and/or certain laboratory settings.
7. Students will engage in the Appeals process in good faith, and without fear of retaliation or reprisal. However, appeals deemed to be frivolous, vexatious, and in bad faith will be addressed through the Student Code of Conduct.
8. Decisions rendered through this policy are final.

Appendix - Appeal Procedures

1. Appeals will progress through up to three stages, but the starting point may vary depending on the type of appeal.

   Appeal Procedure

   Appeal Stage	Jurisdiction	Appeal Types
   Pre-Appeal	Faculty	Course-based academic decisions Denial of a request for academic consideration
   Informal Appeal	Dean or Delegate	Academic Misconduct Admissions Decision
   Formal Appeal	Associate Vice President, Student Success	Non-Academic Misconduct

2. An appeal process only progresses to the next stage once the prior stage has been undertaken in good faith and exhausted. The Dean or Delegate may choose to waive the informal appeal and move an appeal directly to the formal stage.

Pre-Appeal

1. A student dissatisfied with an academic decision must initiate the appeal process by contacting the teacher. This contact must be made within ten College working days of the publication of the decision, e.g. issue of final grade by Registrar, or the informing of the student of the decision.
2. In the student discussion with the teacher, the student must indicate the reason for dissatisfaction or disagreement with the decision and the remedy sought. Both parties should attempt to reach an understanding of the differences and, if possible and appropriate, a resolution to the dissatisfaction.

Informal Appeal

1. An informal appeal is initiated by the student through the Informal Appeal Form within five working days of the decision. The informal appeal form will include the following information and/or supporting documentation:
   1. The type of appeal
   2. The reason for the appeal
   3. The remedy sought
   4. Any additional supporting evidence. Incomplete appeal packages will not proceed.
2. The Dean, or designate, will investigate and consider the appeal. This investigation may include the following, depending on the nature of the appeal:
   1. Reviewing the documentation provided by the student
   2. Consulting further with the original decision-maker or other subject-matter experts
   3. Meeting with the student to gather testimony and clarify any questions
   4. Reviewing further administrative data, as appropriate (for example, reviewing transcripts in an admissions or co-op eligibility decision)
3. Following the review, the Dean, or designate, will render a decision to uphold, overturn, or modify the original decision.
4. The Dean, or designate, will communicate that decision to the student, as well as relevant stakeholders, within five business days of the appeal being lodged.

Formal Appeal

1. A student not satisfied with the outcome of the Informal Appeal Process may request a formal appeal of the academic decision.
2. A request to initiate the Formal Appeal Process must be filed with the Associate Vice President, Student Success within five College working days of the transmission of the Dean's decision concluding the Informal Appeal Process.
3. The request for a Formal Appeal must be through the appropriate form (hyperlink), addressed to the Associate Vice President, Student Success and include the following:
   1. a statement as to what precisely is being appealed,
   2. the reason(s) for the appeal,
   3. the remedy sought,
   4. any additional supporting documentation.
4. The Formal Appeal Process will not consider appeals regarding minor matters or sanctions. An appeal will not be heard that, if successful, would result in a final grade change of one third of a grade or less, unless that change will affect the student's progression in a program. e.g. a potential maximum grade change from B to B+ (i.e. a third of a grade), with no other repercussions, is not a sufficient change to warrant a formal appeal. Similarly, minor disciplinary sanctions, such as a warning or disciplinary letter, will not warrant a formal appeal.
5. The Associate Vice President, Student Success will review the application for a Formal Appeal to ensure that the prerequisites for an appeal have been met, and that the application clearly states what is being appealed, the reason for the appeal and the remedy sought. The Associate Vice President will permit the appeal to proceed when satisfied that all of the conditions have been met. A student dissatisfied with the decision of the Associate Vice President, may appeal the decision to the Senior Vice-President Academic.
6. The Associate Vice President, Student Success, may informally mediate between parties to seek a resolution prior to moving to formal appeal.
7. The Associate Vice President, Student Success, on being satisfied that all requirements have been met, will form an Appeal Panel to hear the appeal, and will schedule the hearing no fewer than two and no more than seven College working days after receipt of the request for a Formal Appeal.
8. A student who files a Formal Appeal request that is subsequently approved by the Associate Vice President, Student Success will not be prevented from proceeding along the normal course of study, or in any other way disadvantaged (e.g. denied a refund after the refund deadline) or held back, while the formal appeal proceeds. Ultimately, if the appeal is lost, the student's status or situation must reflect the outcome of the appeal. For example, a student appealing a failing grade in a course will be allowed to register and continue in a course for which the failed course is a prerequisite while the appeal process continues. If the appeal is lost, and so the student has not successfully completed the course, then the student must be de-registered from the course that has it as a prerequisite.
9. The Appeal Panel is authorized to uphold, modify or reverse most decisions being appealed. An exception is an appeal of a non-academic misconduct resulting in suspension or expulsion. In these cases, the appeal panel will make a recommendation to the President, who will make the final decision.
10. The appeal panel may not direct changes in operations or policy, e.g. course delivery, evaluation procedures, College policy.
11. The Appeal Panel shall be appointed by the Associate Vice President, Student Success and will consist of the following, none of whom may have any prior involvement with, or knowledge of, the details of the matter:
    1. One Dean or Associate Dean,
    2. One non-academic administrator,
    3. Two senior faculty members – preferably who have served as Academic Coordinators for at least two years,
    4. Two students, preferably at the senior level, identified by the Student Administrative Council.
    5. Support staff representative in the case of non-academic misconduct
12. The Chair of the Panel shall be the Dean or Associate Dean.
13. The composition of the Appeal Panel may be altered at the discretion of the Associate Vice President, Student Success in exceptional circumstances to ensure a fair and impartial Panel.
14. Appeal hearings shall be conducted by the Appeal Panel according to the following statements.
15. Hearings shall be conducted in camera.
16. Admission of any person other than Panel members, the student, college representative, advisors and witnesses to the hearing shall be at the discretion of the Panel Chair. A witness will be present only while giving evidence or being questioned.
17. Normally, the Panel will hear an appeal from one student only. In exceptional circumstances, where more than one appeal has been filed regarding the same decision by a teacher, the Associate Vice President, Student Success may determine that a group appeal will be heard.
18. The college representative shall be the administrator who heard the informal appeal. In the case of non-academic misconduct, the Registrar or designate will attend.
19. The appellant may have one advisor present; however, the appellant is responsible for presenting their own case.
20. Both parties to the appeal, and any advisors they may have with them, will be present throughout the appeal hearing until the Panel enters into its deliberations. In exceptional circumstances, the Chair of the Panel may exclude one party from a part or segment of the hearing.
21. The student and the teacher may present witnesses who may be subject to questions from the Panel. With the permission of the Chair, the student or advisor and the college representative, for purposes of clarification and verification, may direct questions to the witnesses and the other party.
22. Pertinent records, exhibits and written statements may be presented as evidence for consideration by the Panel. All such evidence will be presented 48 hours in advance of the hearing and shared with all principal parties.
23. The Panel will consider the evidence and testimonies presented to it, recognize that the burden or onus of proof lies with the appealing party and consider that the original decision and the appeal decision are appropriately determined on the basis of a balance of probability (i.e. "more probable than not" or "more likely than not").
24. At the conclusion of the hearing, the Panel shall determine, by majority vote, whether the original decision should be upheld, modified or overturned. All members of the Panel, except the Chair, shall vote. In the event of a tied vote, the Chair shall vote to determine the issue.
25. It is not within the purview of the Panel to recommend or direct changes in policies, processes, practices or behaviours. In a document separate from its decisions, the Panel may choose to provide comments regarding changes or improvements to the College administration.
26. A course grade imposed as a result of the appeal takes priority over any grade awarded or requested, or any current status in a course. Thus a grade determined by the appeal panel will replace any previously awarded grade (e.g. “B”), requested grade (e.g. “W”) or status (e.g. “NG”) in the course.
27. The decision of the Panel shall be rendered within five College working days of the conclusion of the hearing and communicated in writing to the Associate Vice President, Student Success, who will inform, in writing, the student and the College Representative. The College representative shall be responsible for implementing any change, e.g. grade change, arising from the decision of the Panel.
28. The Chair of the Panel shall be responsible for the preparation of a written record of the appeal hearing, and should include the following:
    1. procedures followed, including those opportunities available to the appellant,
    2. the Panel's consideration of the evidence,
    3. considerations of the credibility of witnesses,
    4. a description of the drawing of any inferences and the basis for them,
    5. the basis, drawn from the above, for the conclusion reached,
    6. the conclusion of the Panel,
    7. the decision of the Panel.
29. In cases of non-academic misconduct resulting in suspension or expulsion, the President will review the recommendation of the Appeal Panel and make a decision within three business days.
30. Once the Panel has rendered its decision, the Associate Vice President, Student Success shall be responsible for compiling the appeal file, which will be filed with the Registrar, and will consist of the following:
    1. the record of the hearing,
    2. any evidence considered by the Panel,
    3. the appeal application,
    4. any other relevant documents that preceded the hearing.
31. The file will be available to the appellant and the College Representative.
32. The file and its contents shall be the property of the College.