To accommodate student participation in the Reserve Forces, Western will consider requests by student reservists seeking academic accommodation to meet their military service obligations.
Accommodations
The following are some of the academic accommodations that may be considered through the Deans’ offices:
1. Deferral of scheduled exams that conflict with military activities in which the student reservists participate during the academic term.
2. Postponement of scheduled assignments that conflict with military activities in which the student reservists participate during the academic term.
3. Short-term leaves of absence (two weeks or less) from their academic studies to perform military service.
4. Extended leaves of absence (one or more semesters) from their academic studies to perform military service with no effect on their existing admission status or course accreditation.
5. Exemptions from financial and other penalties associated with leaves of absence, exam deferrals or assignment postponements noted above.
Conditions
1. Requests from student reservists for academic accommodations normally should be submitted in writing in the form of a petition to the Dean’s office, and should be provided in sufficient time to allow proper review and consideration prior to the commencement of military activities.
2. The Dean’s Office will require confirmation from the student reservist’s Commanding Officer to substantiate a request for academic accommodation.
Procedures
1. Student reservists are to submit requests for academic accommodation in writing to the appropriate Dean’s Office.
2. The Dean’s Office should inform the student reservists as soon as practical of their decision either to grant or refuse the request.
Academic Handbook, Rights and Responsibilities, Reserve Forces
Registration in the University and the right to access the library, residences, specialized equipment and other University facilities implies a commitment on the part of a student to use such facilities in accordance with established rules.
In instances of misuse of University facilities and non-payment of prescribed tuition and other fees or fines, or of delinquency in the return or replacement of University property on loan, the University shall seal the academic record. When an academic record is sealed, the student will not be able to:
The above prohibitions shall be in force until such time as indebtedness to the University, including payment of fee for removal of the seal, has been cleared to the satisfaction of the University.
Academic Handbook, Rights and Responsibilities, Academic Sanctions
When scheduling unavoidably conflicts with religious holidays, which (a) require an absence from the University or (b) prohibit or require certain activities (i.e., activities that would make it impossible for the student to satisfy the academic requirements scheduled on the day(s) involved), no student will be penalized for absence because of religious reasons, and alternative means will be sought for satisfying the academic requirements involved. If a suitable arrangement cannot be worked out between the student and instructor involved, they should consult the appropriate Department Chair and, if necessary, the student's Dean.
It is the responsibility of such students to inform themselves concerning the work done in classes from which they are absent and to take appropriate action.
A student who, for either situation (a) or (b) outlined in paragraph one above, is unable to write examinations and term tests on a Sabbath or Holy Day in a particular term shall give notice of this fact in writing to his or her course instructor and Dean as early as possible but not later than two weeks prior to the writing of the examination. In the case of mid-term tests, such notification is to be given in writing to the instructor as early as possible, but not later than one week prior to the writing of the test. If a Special Examination is offered as an alternative means to satisfy the academic requirements, the instructor(s) in the case of mid-term tests and the Dean in the case of mid-year and Spring final examinations will arrange for special examination(s) to be written at another time. In the case of mid-year and Spring final examinations, the accommodation must occur no later than one month after the end of the examination period involved. It is mandatory that students seeking accommodations under this policy give notification before the deadlines, and that the Faculty accommodate these requests.
For purposes of this policy the University has approved a list of dates which are recognized religious holidays which require members of those religions to be absent from the University; this list is updated annually and is available at departmental, Deans' and Faculty advising Offices.
Academic Handbook, Rights and Responsibilities, Accommodation for Religious Holidays
The policy on political candidacy for students campaigning for election to public office is available from the University Secretariat in the Manual of Administrative Policies and Procedures at https://www.uwo.ca/univsec/pdf/policies_procedures/section1/mapp13.pdf
In order to avoid conflict of interest, instructors are expected to refrain from entering into any relationship with a student which may compromise, or which may reasonably appear to compromise, the instructor's exercise of professional responsibility. It is the responsibility of instructors to notify their Department Chair (or Dean where no department structure exists) of any potential conflict of interest which may arise.
In order to avoid conflict of interest, the University normally will not permit students to enrol in courses that are taught by members of their immediate family. It is the responsibility of instructors, in such instances, to notify their Department Chair (or Dean where no department structure exists) of this or any other potential conflict of interest that may arise.
Exceptions to this policy may be granted only by the Dean of the Faculty in which the course is taught (including the Affiliated University Colleges); and when the course is a mandatory part of the student's program, as specified in the academic calendar; and when no alternative is available.
When exceptions are granted, the Dean will make the necessary arrangements for independent evaluation of student’s work.
1. Purpose
This document sets out the University’s policy on the collection, use and disclosure of the personal information that forms part of the Official Student Record and the personal information collected on prospective applicants and applicants who do not become students. It applies to the Office of the Registrar, the School of Graduate and Postdoctoral Studies, and all other academic and administrative units that are the primary and secondary custodians of specified data collected and stored about prospective applicants, applicants, students, alumni/ae and former students of the University.
2. Definitions and General Principles
For the purposes of this policy:
(a) prospective applicant means a person who has indicated an interest in applying for admission to the University and/or who has been identified by the University as a person who will be considered for recruitment (e.g. major scholarship winners);
(b) applicant means any person who has formally applied for admission to the University and whose application is still active;
(c) current student means any person who is active in the current term and/or active in any program at the University [A student is considered to be active in the current term if they have taken some action, such as completing registration, paying a tuition deposit or a portion of term tuition fees, or completing an add/drop. A student is considered active in a program within a period of 2 years of being active in a term];
(d) alumnus or alumna means any person who has received a degree, diploma or certificate from the University and is not active in a program [For the purposes of this policy a Western graduate who is also a current student is considered a current student.]; and
(e) former student means any person who has attended the University but has not received a degree, diploma or certificate and is not active in a program.
During the University recruitment process, information will be collected and used to identify prospective applicants who will be encouraged to apply for admission to the University.
During the admission process, information will be collected and used to establish a record and assess an applicant’s qualification for admission to the University.
During the registration process and the student’s subsequent academic career, specific information that constitutes the Official Student Record will be collected, maintained and used by the University to:
All documentation submitted to the University in support of an application for admission, residence accommodation, or financial award, or as part of any investigation, appeal/petition or request, becomes the property of the University.
Other than disclosure of information specified in Section 4(a) below, the University is committed to taking every reasonable step to protect the confidentiality and privacy of the information contained in the Official Student Record or collected on prospective applicants and applicants who do not become students. Such information must not be disclosed to any individual or institution outside the University, its Affiliated Colleges, or organizations offering joint programs, placements, internships, etc., as part of a course or program at the University, except in the following circumstances:
The University will maintain a record of all occasions on which Official Student Record information, other than information specified in Section 4(a), is provided to a third party in the absence of the consent of the student. The contents of this record will be available to the student upon request unless disclosure of the information would compromise an ongoing University or criminal investigation, or is otherwise prohibited by law.
General statistical material drawn from academic records that does not disclose the identities of prospective applicants, applicants, students, alumni/ae or former students may be released for research and information purposes authorized by the University.
3. Information Contained in Official Student Records
Official Student Records, in electronic or paper form, contain the following information relating to a student’s application, admission, and performance at the University:
(a) personal information (name, address, e-mail address, telephone, date of birth, citizenship, social insurance number, student number, photograph, etc.);
(b) basis of admission information (application, record of previous studies, letters of recommendation, test results, etc.);
(c) registration and enrollment information (programs of study, dates of attendance, academic load, courses taken, credits transferred, etc.);
(d) performance information (grades, averages and ranks, narrative evaluations, clinical evaluations, distinctions/awards, special permissions, academic advising information, degrees obtained, requirements to withdraw, scholastic offence decisions1, etc.);
(e) decisions relating to academic appeals/petitions;
(f) decisions against a student, including appeal decisions, under the Code of Student Conduct;
(g) medical information given to a Faculty related to a student’s performance that is provided by or collected with the consent of the student; and
(h) financial information (tuition fees and other charges, payments, awards, debts, etc.).
The following information is not considered to form part of the Official Student Record and is not covered by the provisions of this policy:
1 Access to and disclosure of any information relating to a scholastic offence that is not recorded on a student’s transcript, such as a decision letter, is governed by Senate regulations and not this policy (see the policy on Scholastic Offences).
4. Access to and Disclosure of Information
(a) “Public” Personal Information
It is the practice of the University to consider the following information to be publicly available and to provide it to third parties in response to requests (e.g., confirmation of information for a potential employer) without first seeking the consent of the individual each and every time a request is received:
However, at any time an individual may request that this information cease to be made publicly available by contacting the Office of the Registrar or the School of Graduate and Postdoctoral Studies, as appropriate, in writing.
(b) Prospective Applicants and Applicants
Prospective Applicants and Applicants may, upon written request, be granted limited access to records containing their personal information in accordance with the Access Procedure set out in Section 6 of the Guidelines on Access. Access will not be provided to records that have been submitted to the University in confidence either implicitly or explicitly (e.g., letters of reference), that document deliberative processes, or are otherwise exempt under the Guidelines on Access. Outdated records for prospective applicants, records for unsuccessful applicants, and records for those who do not accept an offer of admission, are not retained indefinitely. They will be destroyed in accordance with approved retention and disposal schedules.
(c) Current Students
Current students normally have access to their Official Student Record, except material submitted to the University in confidence (e.g., letters of reference) or otherwise exempt from access under the Guidelines on Access, by making an informal request to the appropriate University office. However, students may also request access in accordance with the Access Procedure set out in Section 6 of the Guidelines on Access. If a student has outstanding debts to the University, access may be restricted and certain academic documents (e.g., transcripts, graduation diplomas) may be withheld until payment is received.
(d) Next of Kin
Next of kin will not be given access to information in the Official Student Record except as provided for in Section 2 above, the most common circumstance being with the prior consent of the student. This provision applies regardless of the age of the student (i.e., whether or not they are under the age of 18) as it is the student’s ability to consent, rather than their age, that is the determining factor in their right to exercise control over their own personal information.
(e) Faculty and Staff
Within the University, access to the Official Student Record is restricted to faculty and staff who have a legitimate need for the information in order to carry out the responsibilities of their position or office as it relates to the administration of student affairs and services. For example, access to information contained in the Official Student Record of current students, former students or alumni/ae who are also employees of the University will not be provided for employment related purposes without the prior consent of the individual. Similarly, details of medical information supplied to Faculty offices will not be released without the prior consent of the individual.
Access to financial assistance information of the Ontario Student Assistance Program, to other forms of assistance based on financial need, or to individual earnings is restricted to financial aid staff in the Office of the Registrar, and to a limited number of authorized staff in the School of Graduate and Postdoctoral Studies, Housing and Ancillary Services, Deans’ and other administrative offices. Relevant information is routinely provided to government agencies with a legitimate need to know, such as those involved in the administration of scholarship or financial aid programs.
The Department of Advancement Services and the Department of Alumni Relations and Development will be permitted access to personal information relating to the identity and location of prospective applicants, applicants and students in order to maintain contact with the individuals and inform them of events, programs and services.
Ensuring the security and privacy of personal information is a collective responsibility of the Office of the Registrar and School of Graduate and Postdoctoral Studies, and the Deans, Chairs, Directors and managers of academic and administrative units. All full-time and part-time faculty and staff who receive this information must be formally notified of the contents of the Policy, the requirement to adhere to its provisions, and the implications of non-compliance.
E-mail often provides the most efficient and timely medium for communicating with students, prospective applicants, applicants, former students and alumni/ae. However, personal information should not normally be communicated electronically. Where such communication is necessary, a reasonable effort will be made to correctly identify the requester and/or recipient prior to sending personal information.
(f) Alumni/ae and Former Students
An alumnus, alumna or a former student may request access to his or her Official Student Record in accordance with the Access Procedure set out in Section 6 of the Guidelines on Access.
(g) University Student Organizations
Student organizations recognized by the Board of Governors (i.e., the University Students’ Council, Society of Graduate Students, and MBA Association) shall have access to basic student information referred to in Sections 3(a) and (c), for the legitimate internal use of that organization. The disclosure of such information will be subject to agreements with the organizations that they will not disclose any information to a third party, or use the information for any commercial purpose, without the prior agreement of the University.
The USC, SOGS, and the MBAA shall be entitled to publish and distribute within the University community a University-wide directory of students except where students have restricted the disclosure of information. Students wishing to restrict the disclosure of information may do so by contacting the organization.
Student information will not be released to student clubs or organizations not recognized by the Board of Governors without the consent of the students. However, the University will make reasonable efforts to facilitate communication between these groups and individual students. For example, under certain circumstances an information package prepared by a club could be distributed directly to students by the University on behalf of the club, in lieu of giving the club access to student addresses.
(h) Affiliated Colleges and Other Institutions
The University will disclose information in an Official Student Record to its Affiliated Colleges on a need to know basis and in accordance with the terms of the Affiliation Agreement between the University and its Affiliated Colleges. In addition, the University will disclose information in an Official Student Record to other institutions to the extent required for a particular course or program (e.g. off-campus placements, internships, joint programs).
(i) Agents of the University
The University may contract with external agents for the provision of goods or services. These agents may range in size from nation-wide companies to individuals providing volunteer support. As part of the arrangements between the University and the agent, there may be a requirement to disclose certain student information to the agent. However, any such disclosure will be governed by a confidentiality agreement between the University and the agent that specifies the purpose(s) of the disclosure and the University’s expectations with respect to confidentiality.
5. Custody, Storage and Retention of Official Student Records
The University maintains Official Student Records in electronic or paper form. Electronic records contain information required to monitor the progress and performance of students, produce periodic performance reports, and provide attestations of achievement and official transcripts of academic records. They also form the basis of management information needed for the operation of the University and for enrollment reports and statistical information required by government agencies. All portions of the electronic student academic record needed to produce official transcripts are maintained indefinitely. As these records are retained on a permanent basis they will be reviewed periodically, especially at times of an upgrade of the electronic records system or migration to a new system. Metadata pertaining to the system itself will be maintained in hard copy form in the University Archives. Other information in electronic and paper form is retained or disposed of according to the Disposition and Retention Schedules prepared in consultation with the University Archives.
Academic Handbook, General Policy, Student Record Information Privacy Policy
This policy sets out the parameters for students to be excused from academic responsibilities for extenuating circumstances (i.e., personal circumstances beyond the student’s control that have a substantial but temporary impact on the student’s ability to meet essential academic requirements). Students experiencing longer-term impacts on their academic responsibilities should consult Accessible Education.
This policy applies only to students who have been admitted to first entry programs at Western University and its Affiliated University Colleges. Students who are in second entry programs, including Education, Law, Medicine & Dentistry, and the Ivey Business School, or graduate programs, are not subject to this policy and should consult their Faculty of Registration for information about academic consideration and how it is handled in their Faculty.
Students whose absence is directly related to a permanent or temporary disability should seek reasonable accommodations through Accessible Education (see policy on Academic Accommodation for Students with Disabilities).
This policy on academic considerations reflects the following principles and aims:
1. A consistent and fair approach and experience for all students seeking academic consideration.
2. There is no expectation that a student must be in optimum physical or mental condition to carry out their academic responsibilities.
3. A desire to empower students to take responsibility for their decisions about absences and missed work due to extenuating circumstances.
4. Students must demonstrate mastery of the learning outcomes within their coursework (i.e., essential course requirements cannot be excused).
5. A desire to provide a mechanism for facilitating student well-being and academic fairness while acknowledging the integrity of relationships and interactions that students have with individuals and services on campus. These may include faculty members, academic advisors, Accessible Education, Learning Development and Success, Health and Wellness Services and community healthcare professionals.
6. Students, faculty, staff, and administrators are expected approach requests for academic consideration as being made and assessed in good faith, recognizing that evidence to the contrary (including false statements or altered forms or documents) may be liable to investigation as either a Scholastic Offense or a violation of the applicable Code of Student Conduct.
7. Academic considerations must not place undue hardship on the course instructor.
8. Instructors are encouraged to provide flexible assessments and to include this information to students in the course outline.
1. Requests for academic consideration are made to the Academic Advising office of the student’s Faculty of Registration.
2. Requests for academic consideration must include the following components:
a) Self-attestation signed by the student
b) Indication of the course(s) and assessment(s) affected by the request
c) Supporting documentation as relevant
Requests without supporting documentation are limited to one per term per course.
Instructors may designate one assessment per half-course weight as requiring formal supporting documentation. In such cases, the instructor must provide the student with another opportunity to demonstrate proficiency in the content evaluated by the missed assessment within the time frame of the course.
Documentation for medical illness, when required, must include the completion of a Western Student Medical Certificate (SMC) or, where that is not possible, equivalent documentation, by a health care practitioner.
Requests for examinations scheduled by the Office of the Registrar during official examination periods and practical laboratory and performance tests typically scheduled in the last week of the term ALWAYS require formal supporting documentation.
This policy does not apply to requests for academic consideration submitted for attempted or completed work, whether online or in-person. This includes (but is not limited to) term tests, performances, presentations, and laboratory/tutorial sessions to which the student has reported. Requests for retroactive relief are addressed in the policy on Requests for Relief from Academic Decisions and Procedure for Undergraduate Student Academic Requests for Relief.
3. Students must request academic consideration as soon as possible and no later than 48 hours after the missed assessment.
4. Once the request and supporting documents have been received and reviewed, appropriate academic consideration, if granted, shall be determined by the instructor in consultation with the academic advisor, in a manner consistent with the course outline.
Academic consideration may include extension of deadlines, waiver of attendance requirements for classes/labs/tutorials, or re-weighting of course requirements. Some forms of academic consideration, such as arranging Special Examinations, assigning a grade of Incomplete, or granting late withdrawals without academic penalty, may only be granted by the Academic Advising office of the Faculty of Registration.
5. An instructor may deny academic consideration for any assessment that is not required in the calculation of the final grade (e.g., “8 of 10 quizzes”). This assessment flexibility must be indicated on the course outline.
6. An instructor may deny academic consideration relating to the timeframe submission of work where there is already flexibility in the submission timeframe (e.g., 72-hour submission window). This assessment flexibility must be indicated on the course outline.
A student may appeal a decision on academic consideration as set out in the policy on Requests for Relief from Academic Decisions and Procedure for Undergraduate Student Academic Requests for Relief.
Throughout this document, reference to “Dean” is to be interpreted as “Dean or their designate or equivalent”, and reference to “Department Chair” is to be interpreted as “Department Chair or their designate or equivalent”. If the matter has been designated by the Dean or Chair to another person, that person is authorized to make the Faculty or Department’s final decision on the matter.
In a course offered by Western Continuing Studies, “Department Chair” shall be interpreted as “Executive Director of Western Continuing Studies” and “Faculty Dean” shall be interpreted as “Dean of the partnering Faculty”.
Throughout this document, the word “Vice-Provost” means “Vice-Provost (Graduate and Postdoctoral Studies) or designate”.
This policy is to be read in conjunction with its related procedures.
Reasonable Apprehension of Bias means that a reasonable and informed person, viewing the matter realistically and practically, would think that it is more likely than not that a decision maker was biased in respect of the decision.
University, for the purposes of this policy, means Western University and its Affiliated University Colleges.
Legal counsel is not permitted at any stage of the request for relief process prior to the level of the Senate Review Board Academic (SRBA).
The Deans’ rulings in academic matters are final unless overturned or modified on appeal to SRBA.
4.1 Requests for Relief
Student requests for relief generally fall into one of the following:
1) Category 1: Requests for relief relating to a specific course (e.g., with respect to a mark, grade, appropriateness of assignments or examinations, grading practices, or other academic decision determined by a course instructor).
2) Category 2: Requests for relief in the form of an exemption from a Senate academic regulation (e.g., progression requirements, program eligibility, graduation requirements), which authority has been delegated to the Deans by the University Senate.
3) Category 3: Requests for relief from a decision by the Academic Advising unit or Dean’s Office of the student’s Home Faculty (e.g., regarding academic considerations or academic regulations).
In general, Category 1 includes requests for relief intrinsic to a specific course, while all other categories involve requests for relief related to a particular student and difficulties they may have encountered.
The category of request for relief determines the route followed. As a general principle, a request for relief may only proceed via one pathway. Students in doubt as to the appropriate path for their requests should consult their Dean.
4.2 Requests for Relief to Instructor, Department Chair, And Faculty Dean
A student may request that a grade on a particular piece of work, or a final standing in a course or program, be changed, or a student may request an exemption from a Senate academic regulation. The subject of a request for relief can range from a waiver of progression requirements to accuracy of grades on examinations or assignments. Such a request can include questions of fairness or appropriateness of general grading practices and can be launched regardless of whether a record of the student's work exists.
A student must submit their request for relief pursuant to the Procedure for Undergraduate Student Academic Requests for Relief.
4.3 Grounds of Requests for Relief
A request for relief must be based on one or more of the following grounds:
1) medical or compassionate circumstances
2) extenuating circumstances beyond the student’s control
3) reasonable apprehension of bias
4) inaccuracy
5) unfairness
Such requests must be supported by evidence. A detailed description of the evidence supporting the request (including any supporting documentation) must be presented, in writing, as part of the request for relief.
Note that requests for relief based on medical or compassionate circumstances should in most cases have been made to the student’s Dean’s Office/Academic Advising unit at the time of the circumstances. Requests for retroactive relief based on such circumstances and which do not involve the fairness of the course itself should be initiated with the Dean’s Office/Academic Advising unit of the student’s Home Faculty and include a clear explanation of why academic considerations were not requested in a timely manner.
Ignorance of Senate regulations and policies, and particular program requirements as set out in the Academic Calendar, do not constitute grounds for a request for relief.
Policy available via the University Secretariat: Graduate Student Requests for Relief From Academic Decisions
A student may have a right of appeal to SRBA if the decision falls within its jurisdiction. Appeals to SRBA must be made within six weeks of the date of the Dean’s (Undergraduate) or Vice-Provost’s (Graduate) decision.
The decision of the Dean, Vice-Provost or their designate remains in full force and effect unless and until overturned or modified by SRBA.
See the Senate Review Board Academic Appeals policy and Procedure for Senate Review Board Academic Appeals for further information.
Procedure available via the University Secretariat: Procedure for Graduate Student Academic Requests for Relief
Throughout this document, reference to “Dean” is to be interpreted as “Dean or their designate or equivalent”, and reference to “Department Chair” is to be interpreted as “Department Chair or their designate or equivalent”. If the matter has been designated by the Dean or Chair to another person, that person is authorized to make the Faculty or Department’s final decision on the matter.
In a course offered by Western Continuing Studies, “Department Chair” shall be interpreted as “Executive Director of Western Continuing Studies” and “Faculty Dean” shall be interpreted as “Dean of the partnering Faculty”.
Throughout this document, the word “Vice-Provost” means “Vice-Provost (Graduate and Postdoctoral Studies) or designate”.
This policy is to be read in conjunction with its related procedures.
Academic Integrity is the application of honesty, trustworthiness, fairness, respect and responsibility at all times to all academic pursuits. It applies to every member of the University Community.
Faculty, for the purposes of this procedure, means Faculty, School or Affiliate University College, with the exception of the School of Graduate and Postdoctoral Studies.
Offence Record contains evidence collected during the investigation of the offence, copies of correspondence with the student, and the decision letter following a scholastic offence.
Scholastic Offences are actions that violate academic integrity, prejudice academic standards, and/or undermine the development, delivery, assessment, and integrity of the academic pursuits of any member of the University Community. Scholastic Offences include, but are not limited to, the following:
1) Plagiarism, which may be defined as “The act or an instance of copying or stealing another’s words or ideas and attributing them as one’s own”. (Black’s Law Dictionary, West Group, 2024, 12th ed.)
This concept applies with equal force to all submitted work and milestones, including but not limited to drafts, proposals, assignments, laboratory work, projects, reports, diagrams, and computer projects.
Students should consult their instructor, Department Chair, or Dean’s Office for detailed information. In addition, they may seek guidance from a variety of current style manuals available in the University’s libraries. Information about these resources can be found on the library website.
2) Cheating on an examination or falsifying material subject to academic evaluation.
3) Submitting false or fraudulent assignments or credentials, or falsifying records, transcripts or other academic documents.
4) Submitting false or fraudulent documentation, including but not limited to medical certificates and other supporting documentation.
5) a) Improperly obtaining, through theft, bribery, collusion or otherwise, an examination paper prior to the date and time for writing such an examination.
b) Unauthorized possession of an examination paper, however obtained, prior to the date and time for writing such an examination, unless the student reports the matter to the instructor, the relevant Department, or the Registrar as soon as possible after receiving the paper in question.
6) Impersonating a candidate at an examination or availing oneself of the results of such an impersonation.
7) Intentionally interfering in any way with any person's scholastic work.
8) Submitting for credit in any course or program of study, without the knowledge and written approval of the instructor to whom it is submitted, any academic work for which credit has been obtained previously or is being sought in another course or program of study in the University or elsewhere.
9) Aiding or abetting any such offence.
10) Any offence identified in writing in advance by Faculties or Departments, University Programs, or Affiliated University Colleges, including offences set forth in Course Outlines, as necessary to protect or promote academic integrity, or to curtail, manage, or prevent the breach of academic integrity (e.g., possession of technology during an examination).
University, for the purposes of this policy, means Western University and its Affiliated University Colleges.
Members of the University Community accept a commitment to maintain and uphold the purposes of the University and, in particular, its standards of scholarship. It follows, therefore, that acts of a nature that prejudice the academic standards of the University are offences subject to discipline. Any form of academic dishonesty that undermines the evaluation process, also undermines the integrity of the University’s degrees. The University will take all appropriate measures to promote academic integrity and deal appropriately with scholastic offences.
This policy is to be read in conjunction with the Procedure for Undergraduate Scholastic Offences and Procedure for Graduate Scholastic Offences.
In addition to any proceedings within the University, evidence of wrongdoing may result in criminal prosecution.
3.1 Investigation of Scholastic Offences
If a student is suspected of a scholastic offence, the University will investigate and if it is satisfied that the student has committed a scholastic offence it may impose penalties, up to and including expulsion from the University. The procedures that the University will follow are set out in the Procedure for Undergraduate Scholastic Offences and Procedure for Graduate Student Scholastic Offences.
Students may request relief from a finding of a scholastic offence, or the penalty imposed for such an offence, pursuant to the Procedure for Undergraduate Scholastic Offences or Procedure for Graduate Student Scholastic Offences.
3.2 Student Release of Information Concerning Scholastic Offences
Any letters informing a student that they have been found to have committed a scholastic offence, and the penalty or penalties imposed, are confidential documents. Copies will be sent only to the student and Dean or Vice-Provost.
3.3 Student Offence Record
An Offence Record is created for a student who commits a scholastic offence.
3.4 Penalties
The University will not treat lightly any incident of academic dishonesty and students should expect significant consequences for such actions. A serious incident or repeated offences may result in a requirement that the student withdraw from the program and may result in suspension or expulsion from the University.
A student may have a right of appeal to the Senate Review Board Academic (SRBA) if the decision falls within its jurisdiction. Appeals to SRBA must be made within six weeks of the date of the Dean’s (Undergraduate) or Vice-Provost’s (Graduate) decision.
The decision of the Dean, Vice-Provost or their designate remains in full force and effect unless and until overturned or modified by SRBA.
See the Senate Review Board Academic Appeals policy and Procedure for Senate Review Board Academic Appeals for further information.
1.0 INTRODUCTION
If a student is suspected of cheating, plagiarism, or other scholastic offence, the University will investigate and if it is satisfied that the student has committed a scholastic offence it may impose sanctions, up to and including expulsion from the University. The procedures that the University will follow are set out in this section.
Throughout this section, reference to “Dean” is to be interpreted as “Dean or their designate” and reference to “Department Chair” is to be interpreted as “Department Chair or their designate”. If the matter has been designated by the Dean or Chair to another person, that person is authorized to make the Faculty or Department’s final decision on the matter. In a course offered by Western Continuing Studies, “Department Chair” shall be interpreted as “Executive Director of Western Continuing Studies” and “Faculty Dean” shall be interpreted as “Dean of the partnering Faculty”.
To learn more about the request for relief and appeals process, students may contact the Office of the Ombudsperson.
2.0 PART I: SCHOLASTIC OFFENCES: COURSES
Instructor-Level Investigation
In most cases, evidence of a possible scholastic offence in a course will have been discovered by, or brought to the attention of, the course instructor. In these situations, the instructor will meet with the student if practicable and appropriate. In all other cases the allegation will be reviewed by the appropriate University official.1
The instructor (or other University official) will notify the Department Chair (“Chair”) in Faculties with department structures, or, in Faculties without department structure, the Dean of the Faculty, if they decide that there is evidence of a scholastic offence. If the Chair or Dean of the Faculty agrees that there is evidence to support the allegation, they shall proceed as follows:
2.1 Courses in Student’s Faculty of Registration (“Home Faculty”)
1) Faculty with department structure (including the Faculty of Health Sciences):
a) Chair-Level Review
The Chair will advise the student of the allegation and the information supporting the allegation. The student will be given a reasonable opportunity to respond and submit evidence and a reasonable opportunity to meet with the Chair before a decision is made.
i. If the Chair decides that the student has committed a scholastic offence, they will determine the appropriate penalties in consultation with the instructor.
ii. The Chair’s decision and any penalties imposed by them will be communicated to the student in writing, with a copy to the Dean.
The letter will advise the student of their right to file a request for relief from this decision to the Course Dean within four (4) weeks and will refer the student to the policies governing Student Requests for Relief and Scholastic Offences.
The Chair will forward all documentation relating to the offence to the Dean.
b) Dean-Level Review
i. If the student files a request for relief from Chair’s decision:
The student will be given a reasonable opportunity to meet with the Dean and submit evidence supporting their argument after submitting the request for relief but before a decision is made. The Dean will review the evidence provided by both the Chair and the student, the student’s offence record, if any, and may investigate further. The Dean may vary the decision and may vary and/or impose other penalties. If the Dean is considering additional penalties, they shall first notify the student and give the student a reasonable opportunity to make written submissions on the issue of penalty.
a. If the Dean does not vary the Chair’s decision or impose other penalties, they will affirm the decision and deny the request for relief.
b. If the Dean decides to vary the Chair’s decision or impose other penalties, they will either grant the request for relief or overturn, modify, and/or increase or reduce the previous decision and penalties.
c. The Dean’s decision and any penalties imposed by them will be communicated to the student in writing, with a copy to the Chair. The letter also will inform the student if there will be a notation on the academic record and of their right to appeal the Dean’s decision to SRBA.
ii. If the student does not file a request for relief from Chair’s decision:
The Dean will review the evidence submitted by the Chair, the student’s offence record, if any, and may investigate further. The Dean may impose other penalties. If the Dean is considering additional penalties, they shall first notify the student and give the student a reasonable opportunity to make written submissions on the issue of penalty.
a. If the Dean does not impose other penalties, their decision will be communicated to the student in writing, with a copy to the Chair. The decision letter will also inform the student whether there will be a notation on the student’s academic record. Such a decision is not subject to appeal to SRBA.
b. If the Dean decides to impose other penalties, the Dean’s decision and any penalties imposed by them will be communicated to the student in writing, with a copy to the Chair. The letter also will inform the student if there will be a notation on the academic record and of their right to appeal the Dean’s decision to impose other penalties to SRBA.
2) Faculty without department structure:
The Dean will advise the student of the allegation and the information supporting the allegation. The student will be given reasonable opportunity to respond and submit evidence and a reasonable opportunity to meet with the Dean before a decision is made. The Dean will review the evidence provided by both the student, the student’s offence record, if any, and may investigate further.
a) If the Dean decides that the student has committed a scholastic offence, they will determine the appropriate penalties in consultation with the instructor.
b) The Dean’s decision and any penalties imposed by them will be communicated to the student in writing. The letter also will inform the student if there will be a notation on the academic record and of their right to appeal the decision to SRBA.
2.2 Courses in Faculty Other Than Faculty of Registration (“Course Faculty”)
1) Faculty with department structure (including the Faculty of Health Sciences):
a) Chair-Level Review
i. The Chair will advise the student of the allegation and the information supporting the allegation. The student will be given a reasonable opportunity to respond and submit evidence and a reasonable opportunity to meet with the Chair before a decision is made.
ii. If the Chair decides that the student has committed a scholastic offence, they will determine the appropriate penalties in consultation with the instructor.
iii. The Chair’s decision and the penalties imposed by them will be communicated to the student in writing, with a copy to the Dean of the Course Faculty (“Course Dean”). The letter will advise the student of their right to file a request for relief from this decision to the Course Dean within four (4) weeks and will refer the student to the policies governing Student Requests for Relief and Scholastic Offences. The Chair will forward all documentation relating to the offence to the Dean.
b) Course Dean-Level Review
i. If the student files a request for relief from Chair’s decision:
The student will be given a reasonable opportunity to meet with the Course Dean and submit evidence supporting their argument before a decision is made. The Course Dean will review the evidence provided by the Chair and the student, and may investigate further. The Course Dean may vary the decision and may vary and/or impose other penalties. If the Course Dean is considering additional penalties, they shall first notify the student and give the student a reasonable opportunity to make written submissions on the issue of penalty.
a. If the Course Dean does not vary the Chair’s decision or impose other penalties, they will affirm the decision and deny the request for relief.
b. If the Course Dean decides to vary the Chair’s decision or impose other penalties, they will either grant the request for relief, or overturn, modify, and/or increase or reduce the previous decision and penalties.
c. The Course Dean’s decision and any penalties imposed by them will be communicated to the student in writing, with a copy to the Chair. The letter also will inform the student if there will be a notation on the academic record, that this decision and the decision of the Chair are being referred to the Dean of the Home Faculty (“Home Dean”) who may impose additional penalties, and of their right to appeal the Course Dean’s decision to SRBA. The Course Dean will forward all documentation relating to the offence to the Home Dean.
ii. If the student does not file a request for relief from Chair’s decision:
The Course Dean will review the evidence provided by the Chair and may investigate further. The Course Dean may impose other penalties. If the Course Dean is considering additional penalties, they shall first notify the student and give the student a reasonable opportunity to make written submissions on the issue of penalty.
a. If the Course Dean does not impose other penalties, their decision will be communicated to the student in writing, with a copy to the Chair. The decision letter will also inform the student whether there will be a notation on the student’s academic record and that this decision and the decision of the Chair are being referred to the Home Dean who may impose additional penalties. Such a decision is not subject to appeal to SRBA. The Course Dean will forward all documentation relating to the offence to the Home Dean.
b. If the Course Dean decides to impose other penalties, the Course Dean’s decision and any penalties imposed by them will be communicated to the student in writing, with a copy to the Chair. The letter also will inform the student if there will be a notation on the academic record, that this decision and the decision of the Chair are being referred to the Home Dean who may impose additional penalties, and of their right to appeal the Course Dean’s decision to impose other penalties to SRBA. The Course Dean will forward all documentation relating to the offence to the Home Dean.
c) Home Dean-Level Review
i. Upon receipt of the decisions of the Chair and Course Dean, the Home Dean will decide if additional penalties are warranted. The Home Dean will review the evidence presented, the student’s offence record, if any, and the penalties imposed by the Chair and Course Dean and may investigate further. If the Dean is considering additional penalties, they shall first notify the student and give the student a reasonable opportunity to make written submissions on the issue of penalty.
a. If the Home Dean does not impose additional penalties, their decision will be communicated to the student in writing, with a copy to the Chair and Course Dean. The decision letter will also inform the student whether there will be a notation on the student’s academic record. Such a decision is not subject to appeal to SRBA.
b. If the Home Dean decides to impose additional penalties, the Home Dean’s decision and the penalties imposed by them will be communicated to the student in writing, with a copy to the Chair and Course Dean. The letter also will inform the student if there will be a notation on the academic record and of their right to appeal the Home Dean’s decision to SRBA.
2) Faculty without department structure:
a) The Course Dean will advise the student of the allegation and the information supporting the allegation. The student will be given reasonable opportunity to respond and submit evidence and a reasonable opportunity to meet with the Dean before a decision is made.
If the Course Dean decides that the student has committed a scholastic offence, they will determine the appropriate penalties in consultation with the instructor.
The Course Dean’s decision and the penalties imposed by them will be communicated to the student in writing. The letter will inform the student if there will be a notation on the academic record, that the decision is being referred to the Home Dean who may impose additional penalties, and of his/her right to appeal the Course Dean’s decision to SRBA. The Course Dean then will forward all documentation relating to the offence, including a copy of their decision, to the Home Dean.
b) Upon receipt of the Course Dean’s decision, the Home Dean will proceed in accordance with item 2.2 (1)(c).
2.3 Requests for Relief
Requests for relief to a Dean must be submitted in writing within four (4) weeks of a decision being issued. The written request need not be lengthy but should state clearly the detailed reasons for the request and the relief requested and include all supporting documentation. A student may request that the Chair’s finding that a scholastic offence occurred, and/or the penalties imposed, be set aside or adjusted.
Note: Some Faculties have longer deadlines. The letter from the Chair to the student will set out the applicable deadline.
2.4 Certificate and Diploma-Credit Courses
An allegation of misconduct in a certificate-credit or diploma-credit course offered within a department, or in a Faculty without department structure, will be handled in accordance with the same procedures set out above for degree-credit courses. Otherwise, where the course is not offered by a particular department in a Faculty with department structure, the allegation will be dealt with by the Dean of the Faculty (Part I, Section 2.1, #2 above).
An allegation of misconduct in a certificate-credit or diploma-credit course offered by the Western Continuing Studies will be handled in accordance with the procedures set out in Part I, Section 2.1, #1 above (“Faculty with department structure”). In such cases, references to “Chair” shall be interpreted as “Executive Director of Western Continuing Studies” and references to the “Dean” shall be interpreted as “Dean of the partnering Faculty”.
2.5 Gender, Sexuality, and Women’s Studies Courses
An allegation of misconduct in a course offered by the Department of Gender, Sexuality, and Women’s Studies will be handled in accordance with the procedures set out in Part I, Section 2.1, #1 above (“Faculty with department structure”). References to “Dean” shall be interpreted as “Dean of the Faculty of Arts and Humanities”.
3.0 PART II: SCHOLASTIC OFFENCES: OTHER
Where an allegation does not relate to a course, the matter will be referred to the Dean of the student’s Home Faculty. If the Dean decides that there is evidence to support the allegation, the Dean will advise the student of the allegation and the information supporting the allegation. The student will be given a reasonable opportunity to respond and submit evidence and a reasonable opportunity to meet with the Dean before a decision is made. If the Dean decides that the student has committed a scholastic offence, the Dean will determine the appropriate penalties. The Dean’s decision and the penalties imposed will be communicated to the student in writing. The letter will inform the student if there will be a notation on the academic record and of their right to appeal the decision to SRBA.
4.0 PENALTIES
1) A student found guilty of a scholastic offence may be subject to one or more penalties, examples of which are:
a) Reprimand.
b) Requirement that the student repeat and resubmit the assignment.
c) A failing grade in the assignment.
d) A failing grade in the course in which the offence was committed.
e) Prohibition of further registration in a course or courses.
f) Prohibition of further registration in a course or courses in the Department or Faculty in which the offence occurred.
g) Failure of the year (applies in certain professional programs).
h) Suspension from the University for up to, but not more than, three (3) academic years.
i) Expulsion from the University.
This is a non-exhaustive list.
In determining what penalties are warranted in a given case, previous offences within the Faculty, the gravity of the offence, and the need to ensure consistency in standards of discipline across a Faculty will be relevant considerations for a Dean. A Home Dean also will take into account an existing Offence Record.
2) A notation of the scholastic offence (e.g., “Scholastic Offence recorded in...”) may be placed on a student's internal, electronic record for the penalties (1)(d), (e), (f), and (g) at the discretion of the Dean of the Faculty imposing the penalty. Upon successful completion of the student’s program, the student may request that the notation be removed. The Dean, after consulting with the relevant Chair in the case of a departmentalized Faculty, will decide whether to grant the request. A notation on the official transcript* is recorded for penalties (1)(h) and (i).
Penalty (1)(f) is a program decision that can be imposed only by the Dean of the Course Faculty.
Penalties (1)(g), (h), and (i) are program decisions that can be imposed only by the Dean of the Home Faculty.
* For the Senate regulation on removal of suspension and expulsion notations from academic transcripts, see “Transcript Notations” under Academic Records and Student Transcripts policy.
5.0 APPEAL TO SRBA
A student may have a right of appeal to SRBA if the decision falls within its jurisdiction. Appeals to SRBA must be made within six weeks of the date of the Dean’s decision.
The decision of the Dean or their designate remains in full force and effect unless and until overturned or modified by SRBA.
See the Senate Review Board Academic Appeals policy and Procedure for Senate Review Board Academic Appeals for further information.
6.0 OFFENCE RECORD
The offence record will be held in the Dean's Office of the student's Home Faculty and will be kept separate from the student's academic advising file.
If a student is subsequently found not to have committed the offence in question, the record of that charge will be destroyed in accordance with Western’s Records Retention and Disposal Schedules.
The Student Affairs records retention and disposal schedule is on the Western Libraries Retention Schedules website.
Apart from the student, no one outside the Dean's Office shall have access to an offence record, except in the event of an appeal by the student to SRBA against the decision or the penalty (or penalties) imposed.
7.0 RELEASE OF INFORMATION CONCERNING SCHOLASTIC OFFENCES
In the event that the penalties imposed are to be reflected in the student's academic record, either on the official transcript or the internal electronic record, a copy will be sent to the Registrar. If a student transfers to another Faculty, or to an Affiliated University College of this University, the offence record will be transferred to the Dean's Office of that Faculty or College. Otherwise, information may be released with the written permission of the student or if required by a court order. Under all other circumstances, the information contained in a student's offence record shall be considered confidential and, unless the offence is to be recorded on the student's transcript, no information about the student's offence record shall be provided to any person or institution outside the University.
7.1 Report to Senate
Each Faculty shall submit to the Vice-Provost (Academic Programs) an annual summary of scholastic offences committed by students registered in the Faculty.
The summary will set out the nature of the offence and the penalties, with students’ names removed. The Vice-Provost (Academic Programs) will compile the information, by Faculty, and report annually to Senate for information.
1 In some Faculties, the appropriate University official will be the Department Chair or Dean of a Faculty without department structure.
Procedure available via the University Secretariat: Procedure for Graduate Scholastic Offences
Students may appeal some academic and scholastic disciplinary decisions by a Dean, Vice-Provost (Graduate and Postdoctoral Studies), or their designate, to the Senate Review Board Academic (SRBA). Previously decided rulings by Deans or the Vice-Provost (Graduate and Postdoctoral Studies) in academic and scholastic disciplinary matters are final unless overturned or modified on appeal to SRBA. SRBA is the final body to which students may appeal certain rulings of Deans or the Vice-Provost in academic matters, and its decisions are final.
References to the Dean in this policy and related procedures are to be interpreted as “Dean or their designate or equivalent”. In the case of graduate students, Dean is to be interpreted as “Vice-Provost (Graduate and Postdoctoral Studies) or their designate.” For an appeal based on a request for relief related to Western Continuing Studies course, “Dean” shall be interpreted as “Dean of the partnering Faculty”.
This policy applies to appeals of Graduate and Undergraduate Academic matters and Scholastic Offence decisions.
SRBA has jurisdiction to hear appeals of certain academic decisions of Deans. The Secretariat shall not accept, and SRBA shall not consider, allegations set out in an Application that fall outside of SRBA’s limited jurisdiction.
Appellant – The student who filed the appeal.
General marking or grading practices refers to the overall marking or grading structure of a course or an assessment as applied to all students in the course. It does not apply to a mark or grade given to an individual student.
Party – the parties to the appeal are the appellant and the respondent.
Reasonable Apprehension of Bias means that a reasonable and informed person, viewing the matter realistically and practically, would think that it is more likely than not that a decision maker was biased in respect of the decision under appeal.
Respondent – the Dean or Vice-Provost who made the initial decision that is under appeal in front of SRBA.
Scholastic Offences is defined in the policy on Scholastic Offences.
University, for the purposes of this policy, means Western University and its Affiliated University Colleges.
Unreasonable, for the purposes of appeals to SRBA, means the decision is not supported by the evidence provided to the Dean. When determining whether a decision or severity of penalty is unreasonable, SRBA must consider that a high degree of deference is given to the Deans in reaching their decisions. The question posed to SRBA isn’t whether someone besides the Dean could have made a different decision, but whether the Dean’s decision could have been made by a reasonable person based on the evidence provided to the Dean.
1) Requests for relief are handled at the course/program level and are subject to the requirements in the policies on Request for Relief from Academic Decisions and Scholastic Offences.
2) Following the issuance of the Dean’s written decision for the request for relief, a student may have a right of appeal to SRBA if the decision falls within the jurisdiction of SRBA.
3) Appeals to SRBA must be made within six (6) weeks of the date of the Dean’s decision. The decision of the Dean or designate remains in full force and effect unless and until overturned or modified by SRBA
Appeals to SRBA must be made on an Application for Appeal (Application) which must be filed with the University Secretariat within six (6) weeks of the date of the Dean's decision. Requirements for the Application are detailed in the Procedure for Senate Review Board Academic Appeals.
SRBA has jurisdiction to hear appeals from certain academic decisions of Deans under the specific grounds set out below, provided that the student has followed the procedures set out for requesting relief at the earlier levels.
1) For scholastic offence appeals, a student has the right to an oral hearing before SRBA if the appeal is against a finding that the student's conduct amounted to a “scholastic offence” and/or for relief against the penalty imposed by the Dean as a result of a “scholastic offence”.
2) For other appeals, a student may apply for an oral hearing before SRBA in the following circumstances:
a) The Dean fails to follow or to properly apply a Senate regulation;
i. Students are required to list the policy or procedure and detail the alleged error in the Application.
b) New evidence, not available at the time of the earlier decision, has been discovered, which casts doubt on the correctness of the Dean’s decision. New evidence will only be considered if:
i. through due diligence, it could not have been provided to the Dean before the Dean’s decision;
ii. it is relevant in the sense that if believed, it could reasonably, when taken with the other evidence before the Dean, be expected to have affected the result; and
iii. it is credible in the sense that it is reasonably capable of belief.
c) The appeal is against general marking or grading practices.
i. Students are required to describe the specific marking or grading practice at issue and identify the concern with the procedure in the Application. SRBA will not look for evidence of unfairness or flaws in the design or implementation of the overall marking or grading structure beyond what the appellant identifies.
3) In exceptional circumstances, SRBA may agree to an oral hearing of an appeal against a Dean's decision that does not fall within one of the grounds for appeal above, if a student alleges in the Application that there was:
a) a failure to observe a procedural requirement at the decanal level; or
b) a reasonable apprehension of bias at the decanal level.
4) The following grounds are outside SRBA’s jurisdiction:
a) A denial of transfer into a Faculty, School, Affiliated University College or program following a requirement to withdraw from another Faculty, School, Affiliated University College or program at the University;
b) Decisions related to admissions and advanced standing;
c) Appeals falling under the Policy on Academic Accommodations for Students with Disabilities;
d) Appeals relating to alleged discrimination; or
e) Appeals of tuition refund or other financially-related decisions.
5) Evidence of wrongdoing may result in criminal prosecution in addition to any proceedings within the University.
Where SRBA grants an appeal, SRBA will grant such relief as it deems appropriate and in accordance with University policy.
Except where a student has an automatic right to an oral hearing before SRBA in accordance with this policy, an SRBA Panel may, in its discretion, order that an oral hearing be scheduled or deny the appeal based on the grounds and evidence provided in the Application and the Dean’s response.
1) The onus is on the student to satisfy SRBA that the ruling of the Dean was unreasonable or unsupportable on the evidence before the Dean or, with respect to a sanction imposed for a “scholastic offence”, that the penalty was unreasonable.
2) Notwithstanding 8.0 (1) above, in cases where a Dean made a finding that a student's conduct amounted to a “scholastic offence”, and where the student denies either that the acts were committed or that the acts amounted to a “scholastic offence”, the onus is on the Dean to satisfy SRBA that the student committed the alleged acts and that the acts amounted to a “scholastic offence”.
3) If the student alleges a failure to observe a procedural requirement at the decanal level or a reasonable apprehension of bias at the decanal level, the onus is on the student to satisfy SRBA, on the basis of written documentation, that there was a failure to observe a procedural requirement or reasonable apprehension of bias at the decanal level.
4) The onus requirements set out in 8.0 (1) and (2) above, for an appeal against a finding that a student's conduct amounted to a “scholastic offence” or against the sanction imposed for a scholastic offence, apply similarly to an appeal against a finding that there has been a breach of other University policies, such as the Policy and Procedures for the Responsible Conduct of Research, or an appeal against the sanction imposed for such breach.
9.1 Retention of Legal Counsel
While legal counsel is not required, a student may retain legal counsel, at their own expense, to represent them in an appeal before SRBA. SRBA also reserves the right to retain counsel.
9.2 Costs
The parties must bear all their own legal expenses, if any. SRBA will not order the Faculty of the Respondent to pay all or part of the Appellant's costs, nor will it order the Appellant to pay all or part of the Faculty's costs.
9.3 Previous Decisions
Each appeal is decided on its merits. A decision of SRBA does not set a precedent.
9.4 Official Record of the Appeal
The official record of the appeal hearing will consist of all documentation submitted by the parties, the Notice of Decision, and the statement of reasons of SRBA. This record will be retained by the University Secretariat for at least one year following the hearing.
SRBA is normally the final level of academic appeal in the University; its decisions in substantive matters, and decisions as to jurisdiction and whether it will hear an appeal, are final.
In limited circumstances, the Chair of Senate (i.e., the President & Vice-Chancellor) may review decisions of SRBA if a party alleges a serious procedural error by SRBA, as set out in the Procedure for Senate Review Board Academic Appeals.
Decisions that are appealed to the Chair of Senate remain in full force and effect until the appeal is disposed of by the Chair of Senate.
1.00 INTRODUCTION
Students may appeal some academic decisions or rulings issued by a Dean to the Senate Review Board Academic (SRBA) in accordance with the appeal procedures set out below. Previously decided rulings by Deans or the Vice-Provost (Graduate and Postdoctoral Studies) in academic and scholastic disciplinary matters are final unless overturned or modified on appeal to SRBA.
These procedures are to be read in conjunction with the Senate Review Board Academic Appeals policy.
References to the Dean in this procedure and related policy are to be interpreted as “Dean or their designate or equivalent”. In the case of graduate students, Dean is to be interpreted as “Vice-Provost (Graduate and Postdoctoral Studies) or their designate”. For an appeal based on a request for relief related to Western Continuing Studies course, “Dean” shall be interpreted as “Dean of the partnering Faculty”.
This process applies to appeals of Graduate and Undergraduate Academic matters and Scholastic Offence decisions.
To learn more about the request for relief and appeals process, you may contact the Office of the Ombudsperson.
2.00 APPLICATION FOR APPEAL
2.1 The Application
Appeals to SRBA must be made on an Application for Appeal (Application) and must be filed with the University Secretariat within six (6) weeks of the date of the Dean's decision.
An application will not be accepted by the University Secretariat unless the application is complete. A complete application will include the following:
1) details of the appeal, including a description of the matter under appeal and the reasons for challenging the Dean's decision;
2) the requested relief;
3) a copy of the Dean's decision;
4) a copy of the student's letter to the Dean requesting relief, if applicable; and
5) all relevant supporting documentation.
The Secretariat strongly encourages all parties to electronically file their submissions.
2.2 Details of the Appeal
The Details of the Appeal shall be concise and comply with the following requirements:
1) the length shall be no more than ten pages (letter size);
2) the spacing shall be at least one and one-half lines apart;
3) the font shall be 12-point size; and
4) the margins shall not be less than 2.5 cm/1 inch.
The Details of the Appeal shall be organized as follows for each ground for appeal:
1) identify the ground for appeal;
2) state the argument(s) for each ground;
3) describe the relevant evidence to support each argument, including references to consecutively numbered exhibits, if any, that are attached to the Details of the Appeal (e.g., Exhibits 1-5).
An Application shall not include any duplicative materials. The Secretariat shall inform a student if their Application does not conform with these requirements and will provide an opportunity for a student to amend their submissions (e.g., remove duplicate materials, reorganize materials).
All allegations must be supported by evidence in the initial Application. A detailed description of the evidence supporting the allegation (including any supporting documentation) must be presented, in writing, as part of the Application.
SRBA appeal applications are available on the University Secretariat website.
3.0 RECONSIDERATION BY THE DEAN
After a student has submitted a complete Application, including all supporting documentation, the Secretariat shall notify the Dean of the appeal. The Dean shall be provided an opportunity to reconsider their decision, typically within seven (7) business days of the notification.
4.0 SPECIFIC APPLICATION REQUESTS
4.1 Request to Exceed Page Limit for the Details of Appeal
A student may submit a written request to extend the ten-page limit for the Details of the Appeal to a maximum of 15 pages prior to the expiration of the six-week timeline to file a complete Application. The request must be submitted to the Secretariat in the form of a letter addressed to the Chair of SRBA (the “Chair”), setting out the reasons for the request. The request will be submitted to the Respondent for a written response.
The request and response will then be submitted to the Chair for a ruling. If the request is granted, a student may timely submit a complete Application, including no more than 15 pages for the Details of Appeal. If the request is denied, a student may timely submit a complete Application, including no more than 10 pages for the Details of Appeal.
4.2 Request for a Timeline Extension to File an Application
Before the application deadline, a student may submit a written request to extend the six-week timeline to file an Application. The request must be submitted to the Secretariat in the form of a letter addressed to the Chair, setting out the reasons for the request and a requested new deadline. A request submitted after the application deadline will not be considered except for medical or compassionate circumstances. The request will be submitted to the Respondent for a written response.
The Appellant’s request and the Respondent’s response will then be submitted to the Chair for a ruling. A request from a party to extend the application deadline will be granted or denied at the discretion of the Chair. If the request is granted, the Application will be accepted no later than a date set out by the Chair. If the request is denied, the Application will not be accepted.
5.0 JURISDICTION
5.1 Preliminary Review
For all appeals, the Chair will conduct a preliminary review of the submitted information to determine if SRBA has jurisdiction to hear the matter.
If the Chair determines SRBA does not have jurisdiction, the Secretariat will provide the student notice of the intent to dismiss for lack of jurisdiction.
If the Chair determines SRBA does have jurisdiction, the Secretariat will schedule an initial SRBA Panel Review as set out below.
5.2 Student Jurisdictional Submissions
If the student wishes to challenge a notice of intent to dismiss for lack of jurisdiction, the student may make written submissions with reasons detailing why they believe SRBA has jurisdiction within 10 days of receiving the notice of intention to dismiss.
5.3 Party Jurisdictional Challenge
If a party wishes to challenge the jurisdiction of SRBA to hear a particular matter, the party must give written notice with reasons to the Chair prior to the date of the initial panel hearing.
5.4 Chair Response
The Chair, upon receipt of a notice challenging either the determination of jurisdiction or notice of intent to dismiss, or in any other circumstances where it appears there is a question as to whether SRBA has jurisdiction to hear a matter, shall convene a panel to consider such written arguments and decide the issue of jurisdiction.
The decision of any such panel shall be binding on any subsequent panel hearing the merits of the appeal. If submissions are not received, the Chair will issue the dismissal of the appeal.
6.0 INITIAL SRBA PANEL REVIEW PROCESS
1) A student has an automatic right to an oral hearing before SRBA if the appeal is against a finding that the student's conduct amounted to a “scholastic offence” and/or for relief against the penalty imposed by the Dean resulting from a “scholastic offence”.
2) If the Chair determines SRBA has jurisdiction, a panel will convene to consider the written application and supporting documents submitted by the student and the Dean’s response.
3) If a student alleges in the Application that there was a failure to observe a procedural requirement at the decanal level, or apprehension of bias at the decanal level, SRBA will request a written response from the Dean before making a decision. The student will be provided with a copy of the Dean's response and will be given the opportunity to reply to it in writing. The length of each of the Dean’s response and the student’s reply shall be no more than ten pages (letter size), spacing shall be at least one and one-half lines apart, the font shall be 12-point size, and the margins shall not be less than 2.5 cm. If SRBA is not satisfied on the basis of written documentation that there was a failure to observe a procedural requirement at the decanal level, it will deny the appeal. If SRBA is satisfied that there was a failure to observe a procedural requirement at the decanal level, it may instruct the Dean to reconsider the matter.
4) For all grounds of appeal, the Dean may provide and SRBA will accept a written response from the Dean before proceeding. If the Dean wishes to provide a written response, they must inform the Secretariat within a week of receiving notice of the appeal. The student will be provided with a copy of the Dean’s response and will be given the opportunity to reply to it in writing. The length of each of the Dean’s response and the student’s reply shall be no more than ten pages (letter size), spacing shall be at least one and one-half lines apart, the font shall be 12-point size, and the margins shall not be less than 2.5 cm.
5) The Initial SRBA Panel, upon considering only the written application of the student and Dean’s response, may in its discretion, order that an oral hearing be scheduled or deny the appeal based on the grounds and evidence provided in the Application and the Dean’s response. In making its decision, SRBA will consider the grounds and evidence provided in the Application.
6) If the Application includes evidence that supports a ground for appeal that was not selected on the application, SRBA will consider that additional ground for appeal in addition to any that were selected on the application form.
7) The onus requirements set out in the SRBA Appeals Policy apply to both the Initial SRBA Panel and any oral hearings that follow the initial panel hearing.
7.0 EVIDENCE
SRBA will consider only that evidence that was before the Dean whose decision is being appealed or, in the case of an oral hearing, given as testimony during the hearing. Evidence that was not before the Dean or given as testimony will not be considered unless SRBA determines that it is relevant, significant, and could not have been available at an earlier stage through reasonable efforts. If additional documentary evidence is submitted, it must be relevant to the grounds for appeal being made and accompanied by a written explanation as to why the evidence is relevant and significant and why it was not previously available.
Similarly, in the case of a hearing, if either party intends to call a witness whose evidence was not before the Dean, the party must file with the University Secretariat, prior to the hearing, a written explanation as to why such evidence is relevant and significant and why it was not previously available.
If either party submits new evidence at any point of the process prior to a panel meeting or hearing, the Secretariat shall notify and provide the new evidence to the other party, who will have the opportunity to respond to the new evidence, typically within seven (7) business days. If the student provides new evidence, the Dean may also reconsider their decision, typically within seven (7) business days of the notification.
Copies of all documentation submitted to the Secretariat by the parties, together with a copy of the Appellant's official transcript of academic record (obtained by the University Secretariat from the Office of the Registrar), will be distributed to both parties (Appellant and Dean) and to the members of SRBA serving on the hearing panel by the University Secretariat prior to SRBA’s review of the appeal.
8.0 SCHEDULING AN ORAL HEARING
If the appeal is regarding a scholastic offense or the SRBA panel decides to proceed with a hearing, the parties will be contacted to arrange a hearing date. If, following receipt of an application, the University Secretariat is unable to contact the Appellant within a reasonable time to schedule a hearing, the Appellant will be notified by electronic mail at the address on the Application of the deadline by which they must contact the University Secretariat (within, at most, six months from the date the Application was filed) to arrange a hearing.
SRBA will proceed in the absence of one or more parties if it is satisfied that the parties were properly notified of the hearing date.
8.1 Request to Postpone a Scheduled Hearing or Delay the Scheduling of a Hearing
A request from a party to postpone a scheduled hearing, or to delay scheduling a hearing after an Application has been filed, will be granted only in exceptional circumstances at the discretion of the Chair. Such postponement or delay shall not exceed six months. The parties then will be contacted to arrange a hearing date. (If the Appellant cannot be contacted to arrange a hearing date, they will be notified of the hearing date by registered mail at the address set out in the Application). SRBA will proceed in the absence of one or more parties if it is satisfied that the parties were properly notified of the hearing date.
8.2 Request for Accommodations
If a student with a disability requires reasonable accommodations to participate in any aspect of the appeal procedures, the student shall timely submit written notice to the Secretariat in the form of a letter addressed to the Chair. The Secretariat shall notify Accessible Education and the student of its receipt of the request and offer to share information on hearing procedures, if needed, to assist in Accessible Education’s determination of reasonable accommodations for the student. Accessible Education shall provide written notice to the Chair and the student regarding its determination. If a student disagrees with the decision of Accessible Education, they shall follow the appeal procedures set out in the Western University Policy on Academic Accommodation for Students with Disabilities and provide written notice to the Chair that they have initiated the appeal procedures.
9.0 PROCEDURE AT HEARINGS
9.1 Order of Proceedings
1) Introduction of SRBA panel members and review of documentation.
2) Opening Statement by Appellant (brief description of the grounds for the appeal and the relief requested).
3) Presentation of evidence by Appellant.
4) Cross-examination of the Appellant by the Respondent, followed by questions from SRBA members.
5) Re-examination of the Appellant, if desired, on any new matters brought out in cross-examination. (The procedure in 3, 4 and 5 is followed for the Appellant and witnesses. The order of presentation is at the Appellant's discretion.)
6) Opening statement by the Respondent.
7) Presentation of evidence by the Respondent.
8) Cross-examination of the Respondent by the Appellant, followed by questions from SRBA panel members.
9) Re-examination of the Respondent, if desired, on any new matters brought out in cross-examination. (The procedure in 7, 8 and 9 is followed for the Respondent and witnesses. The order of presentation is at the Respondent’s discretion.)
10) Reply evidence by the Appellant, if desired, on any new matters raised by the Respondent.
11) Cross-examination of reply witness, followed by questions from SRBA panel members.
12) Summary remarks by the Respondent.
13) Summary remarks by the Appellant.
9.2 Order of Proceedings – Scholastic Offence Appeals*
Where the appeal concerns allegations of a scholastic offence that are contested by the Appellant, the order of proceedings shall be:
1) Introduction of SRBA panel members and review of documentation.
2) Opening statement by the Respondent.
3) Presentation of evidence by the Respondent.
4) Cross-examination of the Respondent by the Appellant, followed by questions from SRBA panel members.
5) Re-examination of the Respondent, if desired, on any new matters brought out in cross-examination. (The procedure in 3, 4 and 5 is followed for the Respondent and witnesses. The order of presentation is at the Respondent’s discretion.)
6) Opening Statement by Appellant.
7) Presentation of evidence by Appellant.
8) Cross-examination of the appellant by the Respondent, followed by questions from SRBA panel members.
9) Re-examination of the Appellant, if desired, on any new matters brought out in cross-examination. (The procedure in 7, 8 and 9 is followed for the appellant and witnesses. The order of presentation is at the Appellant’s discretion.)
10) Reply evidence by the Respondent, if desired, on any new matters raised by the Appellant.
11) Cross-examination of reply witness, followed by questions from SRBA panel members.
12) Summary remarks by the Appellant.
13) Summary remarks by the Respondent.
* Where the Appellant does not contest the allegations of a scholastic offence, but appeals against the sanction(s) imposed, the order of proceedings will be those set out in section 9.1 above.
In Scholastic Offence cases, the Respondent is required to present its case first to ensure that SRBA has a full understanding of the nature and extent of the allegations against the Appellant prior to the Appellant presenting their case.
9.3 Adjournments
An adjournment of the hearing may be ordered by the Chair when necessary. Convenience to the parties and to the panel members of SRBA will be considered by the Chair when ordering an adjournment or setting a date for resumption of the hearing but the paramount consideration will be the provision of a fair hearing. In successive sessions, the original SRBA panel members must constitute a quorum.
9.4 Expedience
An effort should be made to limit the presentation of non-contentious facts and arguments to SRBA. Time will be saved if the parties are able to agree in advance on as many as possible of the facts relevant to the case. The Appellant is encouraged to contact the Dean in this regard prior to the hearing to determine what facts can be agreed upon.
9.5 Witnesses
The parties may call witnesses to support their case. Witnesses will be invited into the hearing room when called upon to give evidence. (See also the section on Evidence above).
9.6 Notice of Decision
At the conclusion of the hearing, SRBA will deliberate in closed session for the purpose of arriving at a decision. The Notice of Decision will be sent to the parties as soon as possible after a decision is made. A brief written statement of reasons will follow within a reasonable time.
10.0 FURTHER APPEAL
The Chair of Senate (i.e., the President & Vice-Chancellor) will entertain appeals against decisions of SRBA following a hearing only when a party alleges a serious procedural error by SRBA. An appeal to the Chair of Senate must be filed in writing within two (2) weeks of the date of the Reasons for Decision of SRBA.
After inviting written arguments from the parties, the Chair of Senate may order that the matter be re-heard by SRBA if the Chair of Senate is satisfied that, as a result of a serious procedural error by SRBA, the parties did not have an opportunity to present their case in accordance with the Procedure at Hearings and it could not be said that the parties had been accorded a fair hearing.
Social conduct is governed by the Code of Student Conduct, approved by the Board of Governors.
Every Student is expected to comply with the provisions of the Code of Student Conduct. Sanctions for non-compliance range from a warning or reprimand to expulsion from University. It is the responsibility of every student to read the Code and familiarize him or herself with its contents. The Code is available at www.uwo.ca/univsec/pdf/academic_policies/appeals/code_of_conduct.pdf Copies can also be obtained from the Office of the Registrar, from Deans' Offices, and from Residences.
Academic Handbook, Appeals, Code of Student Conduct
1. Purpose of Policy
The purpose of this Policy is to ensure that students with disabilities have a reasonable opportunity to engage in academic activities at the University and to fulfill essential course and program requirements, and to ensure that all members of the University understand their rights and obligations to reach this goal.
2. Application of Policy
This Policy and the associated Procedures apply to both graduate and undergraduate students at Western and the affiliates while engaged in academic activities related to their program of study, and includes students registered in courses or programs with Western Continuing Studies.
In the case of graduate students, reference to courses and programs throughout this Policy and associated procedures shall include milestones and requirements associated with progression in graduate programs.
3. Statement of Principles
The University recognizes the inherent dignity and equality of all students and is committed to ensuring students with disabilities have the opportunity to fully participate in the academic life of the institution.
The University also recognizes that it is subject to the Ontario Human Rights Code and that it is required to provide reasonable academic accommodation to students with disabilities where those disabilities create limitations that interfere with the students’ participation in academic activities.
Reasonable academic accommodation is a cooperative process between the University, the student and academic staff. All participants in the process must fulfil their respective obligations set out in this Policy and the associated Procedures if it is to succeed.
The University is committed to providing reasonable academic accommodations to students with disabilities, up to the point of undue hardship, to enable students to successfully meet the essential requirements of their course or program of study.
All requests for accommodation and related communications will be maintained in confidence in accordance with the University’s obligations under the Freedom of Information and Protection of Privacy Act, the Personal Health Information Privacy Act and any other applicable laws. Personal information of students will be shared only to the extent necessary to consider requests for accommodation, to arrange for reasonable academic accommodations or to process any appeals, all in accordance with this Policy and associated Procedures and all applicable law.
4. Accountability
All members of the University are required to comply with the terms of this Policy and its associated Procedures. This Policy is administered by Student Accessibility Services. Student Accessibility Services is responsible for reviewing this Policy in accordance with its terms.
5. Review
This Policy shall be reviewed every five (5) years from the date it comes into effect. The Policy may be reviewed prior to the five-year term where it is determined that an earlier review is necessary because of:
(a) a change in the law respecting accommodation of students with disabilities;
(b) a change in University practices or procedures; or
(c) any other reason that would call into question the applicability of the Policy in its current form.
Academic Accommodation Procedures
1. Purpose of Academic Accommodation Procedures
The purpose of the Academic Accommodation Procedures is to set out the process by which students may request reasonable academic accommodations and to establish the responsibilities of all participants in the accommodation process.
All interested persons –students, academic staff and the University– have vital roles to play in the accommodation process. The University has designated Student Accessibility Services, or SAS – to oversee the development of reasonable academic accommodations and to implement the Policy (References to SAS in these procedures shall include Accessibility, Counselling and Student Development at King's University College as utilized by King's students for Academic Accommodation).
Accommodations developed under this Policy are to be guided by principles of respect for dignity, individualization, integration and full participation, while preserving the essential requirements of a course or program of study.
2. Definitions
Academic Accommodation is a means of adjusting the academic activities associated with a course or program of study in order to permit students with disabilities to participate in those activities at the University and to fulfill the essential requirements of a course or program. Academic accommodations take into account the individual’s limitations and what is reasonable in the context of the particular course or program and the essential requirements of the course or program. Examples of academic accommodations include, but are not limited to:
• access to alternative format textbooks or accessible versions of materials on course websites
• use of sign-language interpreters
• permission to audio record lectures
• writing exams in an alternative location or being provided extra time or rest breaks to complete an exam
• use of assistive technology when writing exams (e.g., a computer equipped with specialized software)
• use of an assistant in labs.
Essential Requirements refer to the bona fide academic requirements of a course or program of study, which cannot be altered without compromising the fundamental nature of the course or program. Essential Requirements will vary from course to course and from milestone to milestone, depending on the nature of the subject matter, the teaching methods employed and the knowledge and skills that are to be learned and/or demonstrated. While it may be an essential requirement that a student master core aspects of a course curriculum, it is less likely that the means in which a student demonstrates the mastery will be essential, unless mastery of that format (e.g. oral communication) is also a vital requirement of the program.
Academic Staff refers to the individuals who are responsible for the development of course content, for teaching the course or who deliver an element of a course, and for supervising or evaluating completion of milestones. It includes professors (including associate and assistant professors), adjunct faculty, teaching assistants, lab instructors, etc.
Disability means
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
(b) a condition of mental impairment or a developmental disability,
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
Disabilities that fall within this Policy may be permanent or temporary. Limitations caused by disabilities may be constant or may be more sporadic in nature.
Reasonable Academic Accommodation means a form of academic accommodation that addresses the limitations experienced by a student with disabilities in a manner that allows them to meet the essential requirements of a course or program of study, without resulting in undue hardship to the University. There will often be a range of reasonable academic accommodations available, and a student might not be entitled to their preferred accommodation. Because of the differences between the academic environments, students may not be entitled to the same form of accommodation that they received at a prior time in their education history (e.g. while in high school or college).
Undue Hardship is the outer limit of the University’s accommodation obligation, and may refer to activities, impacts or effects that would result in undue or excessive costs for the University (considering sources of outside funding available) or unreasonably interfere with the health and safety or other rights of other members of the University community. Undue hardship is considered individually, within the full context of a particular request for reasonable academic accommodation.
3. Responsibilities
Students with disabilities who are seeking academic accommodation have the responsibility to:
• register with and/or seek accommodation through SAS and Accommodated Exams Services in a timely fashion;
• provide supporting medical documentation from a qualified professional;
• identify the courses that they are registered in, including any course changes that occur during the school year;
• promptly notify Academic Staff and SAS if they need accommodation for any exchange or experiential learning opportunities during the school year;
• cooperate with SAS in the identification and implementation of reasonable academic accommodations;
• accept reasonable academic accommodations identified by the SAS that meet their identified limitations;
• communicate with academic staff to the extent necessary to give effect to their academic accommodations; and
• notify the SAS immediately if there are any changes in their disability status, identified limitations or the continued appropriateness of the academic accommodations that have been implemented.
Academic staff members have the responsibility to:
• identify the essential requirements of their courses or milestones that cannot be altered without undue hardship (i.e. compromising the fundamental nature of their courses or milestones);
• cooperate with the SAS to determine reasonable academic accommodations for students with disabilities in their courses or milestones;
• cooperate with Accommodated Exams, Office of the Registrar to facilitate delivery of evaluations;
• assist students and SAS in arranging accommodations related to exchange or experiential learning opportunities;
• maintain confidentiality with respect to any personal information of students that is shared with the staff member to facilitate the academic accommodation;
• not seek any medical or other personal information directly from a student who has requested an academic accommodation; and
• where students request academic accommodations outside this Policy, refer the students to the SAS so that the request may be properly considered and appropriate accommodations implemented.
The SAS has the responsibility to:
• register students with disabilities who request to use its services;
• gather the necessary medical information to determine whether a student has a disability, and the nature and extent of any limitations associated with the disability;
• review the course or milestone requirements for those courses or milestones for which the student is seeking academic accommodation;
• determine a reasonable accommodation (or range of accommodations) that meets the student’s limitations while respecting the essential requirements of the course, milestone or program of study;
• consult with the academic staff member responsible for the course, milestone or program of study as necessary to ensure that any recommended accommodations do not compromise the essential requirements of the course or program;
• assist students and Academic Staff in arranging accommodation in relation to exchange or experiential learning opportunities;
• assist students to identify any sources of funding or other supports that may help the students with their accommodation needs;
• assess any changed circumstances in a student’s accommodation needs to determine whether existing academic accommodations remain reasonable and appropriate;
• recognize that accommodations for academic evaluations that are facilitated through The Office of the Registrar should be appropriate to the duties and responsibilities maintained within this unit; and
• make accommodation information available to academic deans and advisors in students’ faculties of registration.
4. Establishing Reasonable Academic Accommodations
(a) Accommodation Process
1. Students with disabilities seeking an academic accommodation are required to register with the SAS in the Student Development Centre and arrange for an initial consultation with a counsellor.
Students are encouraged to register at the earliest opportunity, and ideally before classes begin in a given academic term. The SAS will consider all requests for academic accommodation whenever they are made. However, the SAS may not be able to arrange for timely accommodations for students who register after a term has commenced.
Students must provide documentation supporting their request for accommodation. Detailed documentation requirements may be found on the website of the SAS, along with medical forms to be completed by the student’s attending health professional. Examples of required information may include, but are not limited to
(a) the nature of the disability [a diagnosis is not generally required];
(b) its expected duration;
(c) any functional limitations that may interfere with the student’s academic activities; and
(d) whether any medications will cause side effects that should be taken into consideration by the SAS [specific medications will not need to be identified].
Requests for academic accommodation will not generally be processed until sufficient medical documentation is provided to SAS. SAS will consider requests for interim accommodation while awaiting receipt of medical documentation where circumstances beyond the control of the student prevent timely compliance with these requirements.
A student must register with SAS in order for Accommodated Exams Services to facilitate an accommodated evaluation for the student.
2. The SAS will review all information provided by the student to determine whether the student requires accommodation, and the range of reasonable accommodations that will meet the student’s identified limitations. Where SAS determines that the information provided by the student does not support the request for academic accommodation, SAS shall inform the student in writing that it has not approved the request.
3. In determining reasonable academic accommodations for a course, SAS will consider the nature of the course or milestone and the requirements outlined in the applicable course syllabus. SAS may consult with the academic staff who will be teaching the course or will be responsible for any element within the course in order to determine whether an accommodation is reasonable. SAS may share information about the student’s identified limitations, but only where such disclosure is necessary to determine the appropriateness of an accommodation being considered.
4. Academic staff who are contacted by SAS shall reply promptly to any requests for information, including requests for information about the essential requirements of a course.
5. Based on the information provided to SAS by the student and the academic staff, SAS shall recommend a reasonable accommodation that, in the opinion of SAS, addresses the student’s identified restrictions and does not compromise the essential requirements of the course, milestone or program of study. The accommodation shall be communicated to the student and to the appropriate academic staff.
6. If SAS determines that there are no reasonable academic accommodations that can be provided short of undue hardship, it shall inform the student of this decision and shall provide brief reasons for its decision.
7. Students who are granted an academic accommodation shall follow any instructions provided by SAS, including making any necessary communications with Accommodated Exam Services or program staff.
(b) Reconsideration of Initial SAS Decision
1. Students may ask their SAS counsellor to reconsider their decision where the student:
(a) has had a request for accommodation denied,
(b) believes that the recommended academic accommodation does not reasonably meet their identified restrictions, or
(c) believes that they have been treated unfairly in the process of assessing their request for accommodation.
2. Academic staff who disagree with the academic accommodation recommended by the SAS counsellor may ask the counsellor to reconsider their decision, but only on the ground that the recommended accommodation compromises the essential requirements of the course or program of study.
3. The SAS counsellor shall seek to resolve any requests for reconsideration with the student and academic staff. If a satisfactory resolution cannot be reached, the student or academic staff may appeal the decision of SAS in accordance with the Appeal Procedures of this Policy.
5. Implementation of an Accommodation within a Classroom or Similar Context
1. Where an academic accommodation is granted to a student under this Policy and Procedure, SAS will communicate the accommodation to the academic staff members responsible for the student’s identified courses or milestones.
2. The responsible academic staff members are required to implement the accommodation that has been granted with respect to their courses or milestones, and shall do so in a manner that is consistent with the principles underlying this Policy.
3. Where a student who has been granted an accommodation is not satisfied with the manner in which the accommodation is being implemented in a course, the student shall discuss the matter with the academic staff responsible for that course. The student and academic staff member(s) shall attempt to resolve the dispute in a manner that provides reasonable academic accommodation to the student while respecting the essential requirements of the course or milestone.
4. If the student and academic staff member(s) are not able to resolve the dispute over the implementation of the accommodation that has been granted by SAS, the matter must be referred back to the SAS counsellor who granted the original accommodation for consideration of an appropriate manner of implementing the accommodation. The SAS counsellor shall consult both the student and academic staff and shall attempt to resolve the dispute. If the dispute cannot be resolved to the satisfaction of the student and academic staff, the SAS counsellor shall determine how the accommodation is to be granted, and shall communicate this determination in writing to all interested parties.
5. If either the student or academic staff is not satisfied with the determination of the SAS counsellor, they may appeal the determination in accordance with the Appeal Procedures of this Policy.
1. Purpose of Academic Accommodation Appeal Procedures
The purpose of the Appeal Procedures is to provide an expeditious process by which either students or academic staff may appeal decisions made by the SAS, or in the case of King’s University College, its Accessibility, Counselling and Student Development Office (ACSD), in respect of academic accommodations in relation to the student or the course or program of study for which the academic staff is responsible.
Throughout these Appeal Procedures, reference to Vice-Provost shall mean, in the case of undergraduate students, the Vice-Provost (Academic Programs) or designate, or, in the case of graduate students, the Vice-Provost (School of Graduate and Postdoctoral Studies) or designate.
2. Appeal of a Decision Establishing Academic Accommodations
This section applies to appeals by students or academic staff members in relation to a decision of the SAS or ACSD made under Part 4 of the Academic Accommodation Procedures – i.e. the initial decision to grant or deny an accommodation request.
(a) Interim Accommodation Pending Appeal
Where the SAS or ACSD has recommended an accommodation that is the subject of an appeal under this section by either the student or the academic staff, the accommodation shall be implemented on an interim basis as of the date of the final decision of the SAS or ACSD counsellor made under Section 4 of the Academic Accommodation Procedures. The interim accommodation will remain in effect until the appeal process under this section is complete.
(b) Reconsideration by the SAS
Before a formal appeal can be made under this section, the affected party must request a reconsideration of the decision of the SAS or ACSD counsellor by the director of SAS or designate.
Students may request a reconsideration by the director of SAS or designate if the student:
(a) has had a request for academic accommodation denied for any reason;
(b) believes that they have been treated unfairly during the accommodation process;
(c) believes that the recommended accommodation does not reasonably meet their identified restrictions; or
(d) has new information relevant to the request for academic accommodation that was not reasonably available to the SAS or ACSD counsellor at the time of the original decision.
Academic staff may request a reconsideration by the director of SAS or designate only on the ground that the recommended accommodation compromises the essential requirements of the course or program of study.
Requests for reconsideration shall be made in writing, and shall identify the ground or grounds upon which the request is being made and the reasons why the student or academic staff member, as the case may be, disagrees with the recommendation of the SAS or ACSD counsellor on those grounds.
Academic staff who request a reconsideration of the recommendation of the SAS or ACSD counsellor shall identify the essential requirements of the course, milestone or program of study, why they are essential, and how the recommended accommodation compromises such essential requirements of the course, milestone or program.
The director of SAS or designate shall review all requests for reconsideration, including all material submitted in support of the request and all material upon which the original recommendation was based. The director of SAS or designate may consult with the academic staff or the Chair of their department or designate in order to better understand and assess the essential requirements of the course or program in question.
Where a request for reconsideration is filed, the director of SAS or designate shall provide notice to the other party involved and shall give them an opportunity to participate in the reconsideration. For example, if an academic staff member requests a reconsideration, the director of SAS or designate shall notify the student with a disability of the request and shall seek their input on it.
In the case of a King’s University College student, the Director of SAS shall consult with the Manager of Student Wellness at ACSD before making a decision.
The director of SAS or designate shall make a decision on the request for review expeditiously, and in the ordinary course, within five (5) days (excluding Saturdays, Sundays, statutory holidays and other University closures) of receiving the request. The decision shall be communicated in writing to the student with a disability, the academic staff member and, where appropriate, the Chair of the relevant department.
(c) Appeal to the Vice-Provost
Either of the student with a disability or the academic staff may appeal the decision of the director of SAS or designate to the Vice-Provost or designate.
Students may file an appeal with the Vice-Provost or designate if the student:
(a) has had a request for academic accommodation denied for any reason;
(b) believes that they have been treated unfairly during the accommodation process or the reconsideration process;
(c) believes that the recommended accommodation does not reasonably meet their identified restrictions; or
(d) has new information relevant to the request for academic accommodation that was not reasonably available to the SAS counsellor at the time of the original decision or to the director of SAS or designate during the reconsideration process.
Academic staff may file an appeal with the Vice-Provost or designate only on the ground that the recommended accommodation compromises the essential requirements of the course or program of study.
Appeals shall be made in writing, and shall identify the ground or grounds upon which the appeal is based and the reasons why the student or academic staff member, as the case may be, disagrees with the reconsideration decision of the director of SAS or designate on those grounds.
Academic staff who appeal the reconsideration decision of the director of SAS or designate shall identify the essential requirements of the course or program of study, why they are essential, and how the recommended accommodation compromises such essential requirements of the course or program.
The Vice-Provost or designate shall review all appeals, including all material submitted in support of the appeal, all material upon which the original recommendation was based and all material considered by the director of SAS or designate during the reconsideration process.
Before determining the appeal, the Vice-Provost or Designate may consult with the Director of Equity and Human Rights Services or designate to ensure that appropriate human rights and accommodation principles are applied to the matter under appeal. The Vice-Provost or designate may consult with the academic staff, the Chair of their department or designate or Associate Dean or any other appropriate individual in order to better understand and assess the essential requirements of the course or program in question. In the case of a student of an affiliate college, the Vice-Provost or Designate shall seek recommendations from the Academic Dean of the affiliate college before making a decision.
Where an appeal is filed, the Vice-Provost or designate shall provide notice to the other party involved and shall give them an opportunity to respond to the grounds raised in the appeal. Any response to an appeal shall be made in writing, and shall be provided to the party who filed the appeal who shall be given an opportunity to reply in writing to the response. For example, if the student with the disability files an appeal, the Vice-Provost or designate shall notify the academic staff member responsible for the course in question, and shall provide the staff member the opportunity to provide a written response. If the staff member provides a written response, it will be shared with the student who shall have a further opportunity to reply in writing to matters raised by the staff member in the response.
The Vice-Provost or designate shall make a decision on the appeal expeditiously, and in the ordinary course, within five (5) days (excluding Saturdays, Sundays, statutory holidays and other University closures) of receiving the appeal. Where interim accommodations have been implemented pending the appeal pursuant to paragraph 2(a), the Vice-Provost or designate shall determine whether the result of the appeal requires reassessment of any grades achieved during the application of the interim accommodations and shall provide such direction as to such grades as he or she deems appropriate. The decision shall be communicated in writing to the student with a disability, the academic staff member, SAS, and, where appropriate, the Chair of the relevant department or Associate Dean.
The decision of the Vice-Provost is final, and may not be appealed under any other University policy or procedure.
3. Appeal of a Dispute regarding the Implementation of an Accommodation
This section applies to appeals by students or staff members in relation to a decision of the SAS or ACSD made under Part 5 of the Academic Accommodation Procedures – i.e. the determination of the implementation of an accommodation within the context of a classroom or similar context.
Either the student or the academic staff member may appeal the determination of the SAS or ACSD counsellor as to how the accommodation that has been granted is to be implemented in the course in question. Appeals shall be made directly to the Vice Provost or designate.
Students may file an appeal with the Vice-Provost or designate if the student:
(a) believes that they have been treated unfairly during the accommodation process;
(b) believes that the determination of how the accommodation is to be implemented does not reasonably meet their identified restrictions; or
(c) has new information relevant to the request for academic accommodation that was not reasonably available to the SAS or ACSD counsellor at the time of the determination.
Academic staff may file an appeal with the Vice-Provost or designate only on the ground that the determination of how the accommodation is to be implemented compromises the essential requirements of the course or program of study.
Where an appeal is filed under this section, the process outlined in section 2(c) of these Procedures shall apply with necessary modifications.
The decision of the Vice-Provost or designate shall be final, and may not be appealed under any other University policy or procedure.
Academic Handbook, Rights and Responsibilities, Accommodation for Students with Diabilities