Physical assault
12.10.7. Refusal to Provide Identification
It is an offence to refuse to provide identification upon request by an officer, employee, or agent of the University acting on behalf of the University in the course of his or her duties where the said person has reason to believe an individual is committing, has committed, or is about to commit an offence.
12.10.8. Non-adherence to Smoking Policy
Athabasca University and its Learning Centres are smoke-free.
12.11. Disciplinary Action
Disciplinary action may include one or more of the following penalties:
- Reprimand
- A fine of not more than $1,000
- Suspension
- Expulsion
- Exclusion from class
- Exclusion from exam.
12.12. Disciplinary Procedures
Note: These procedures do not apply to disruptive behaviour in class or disruptive behaviour in the examination room (see 12.17.).
12.13. Initiation of Proceedings
12.13.1. Initiation
Any person who has reason to believe that a student is guilty of a non-academic offence may initiate proceedings against the student by way of a statement signed by the complainant and delivered to the Registrar.
12.13.2. Action
The Registrar will determine the appropriate avenue for investigation and designate the appropriate individual to conduct the investigation (herewith called the "Investigator").
12.14. Proceedings
12.14.1. Review and Investigation
The Investigator will review the complaint and conduct an investigation. This may include interviewing the relevant individuals and obtaining other information relevant to the complaint.
12.14.2. Complaint Declined
The Investigator may decline to proceed with a complaint under the following circumstances:
- where the Investigator believes that no University rule has been violated;
- where the Investigator believes the complaint to be scandalous, frivolous, or vexatious;
- where the investigator believes that an unreasonable amount of time has elapsed since the incident;
- where the investigator believes that the offence should be referred to police or appropriate public authorities.
12.14.3. Complaint Declined Procedure
Where the Investigator has declined to proceed with a complaint, this decision will be delivered to the Registrar who will advise the complainant in writing within (10) calendar days of receipt of the complaint.
12.14.4. Action Procedure
- The Investigator shall ensure that all documentation is provided to the Registrar.
- If the Registrar desires more information, the Registrar shall conduct such further investigation as the Registrar deems appropriate, including reviewing the matter with the student, providing it is practical to do so.
- The Registrar, following such investigation, may dismiss the complaint or impose one or more of the penalties.
- In determining an appropriate penalty, the Registrar may take into account the disciplinary record, if any, of the student.
- The Registrar shall provide written notice to the student of the decision, any penalty imposed, and of the right to appeal within twenty (20) calendar days of receipt of the original complaint.
Note: In the event that the Investigator fails to act within the time limits stated herein, the student shall, upon the expiry of such time limits, be entitled to proceed to the next step: direct appeal to the Vice-President, Student Services. In the event that the Investigator or the Vice-President, Student Services is not available, a designate will carry out the following procedures.
12.15. Appeal Procedures
- A student or complainant may appeal the decision of the Investigator not to proceed or the decision by the Registrar by submitting such notice of appeal in writing to the Vice-President, Student Services. This notice must be received by the Vice-President, Student Services no later than ten (10) calendar days after deemed receipt of notification of the Registrar's decision. The Vice-President, Student Services may at his/her sole discretion accept an appeal notwithstanding that more than ten (10) calendar days have elapsed since receipt of the Registrar's decision.
- The notice of appeal shall be in writing, signed personally or through an agent representing the appellant, and shall state the grounds of appeal. The appeal shall deal with the Registrar's decision, the finding of guilt and/or the penalty imposed. At this time the student may view the file upon request. Any additions to the file during the appeal process will be made available to the student who has requested access to the file.
- If legal counsel is retained by the appellant, the Vice-President, Student Services must be notified of same immediately.
- The Vice-President, Student Services shall consider the appeal and review the matter in a manner that he/she, in his/her sole discretion, deems appropriate, and may either sustain, quash, or vary the decision being appealed.
- Where the Vice-President, Student Services sustains the finding of guilt, he/she may confirm, vary or suspend the penalty imposed.
- The Vice-President, Student Services shall communicate his/her decision to the appellant, or his/her agent/representative/lawyer, in writing, within ten (10) calendar days of receipt of the appeal or within such longer period as the Vice-President, Student Services deems necessary in his/her sole discretion. The penalty becomes effective immediately upon such notification. Any penalty imposed or confirmed shall take effect on the date indicated in the written notification.
- Decisions of the Vice-President, Student Services shall be final and binding, and no right of appeal lies therefrom.
Note: Notification mailed by single-registered post to the last known address of the student is deemed, in the absence of evidence to the contrary, to have been received by the student ten (10) calendar days after posting to an Alberta address and twenty (20) calendar days to an address outside of Alberta.
12.16. Students' Records and Transcripts
Suspension imposed for disciplinary reasons shall appear on the student's records and transcripts for the full period of the suspension until the suspension is lifted. In the case of expulsion, an entry shall appear on the student's records and transcripts for the full period of the expulsion.
12.17. Exclusion from Class or Exam for Disruptive Behaviour
12.17.1. Exclusion from Class by an Instructor
- When a student disturbs, disrupts or otherwise interferes with classroom activities, the instructor may immediately exclude the student from the course for a particular class and may also exclude the student from the next subsequent class in that course. In each case, the instructor is required to notify the course professor and the Program Director by the next working day.
- If the behaviour persists when the student is re-admitted to class, the instructor may again immediately exclude the student from the class and must initiate proceedings against the student according to the procedures described above. The student's exclusion from class will be in effect until a decision is reached by the Program Director. If a student is reinstated by a decision of the Program Director, such decision shall not invalidate the prior action of the instructor. The University shall not be held legally responsible for any lost class time. The Program Director shall communicate his/her decision in writing to the student within five (5) calendar days from the date of the most recent exclusion.
- The student may appeal the Program Director's decision as set out below. The student shall not be permitted in the class without the Program Director's written approval until such time as the appeal is heard and decided.
Within five (5) calendar days of receipt of the appeal, the Program Director shall provide written notice to the student of the decision, any penalty imposed and the deadline to appeal to the Vice-President Academic of ten (10) calendar days.
- The student (hereinafter cited as the appellant) must lodge a written appeal with the Vice-President, Academic within ten (10) calendar days after the decision was delivered or deemed to have been delivered to the appellant.
- The Vice-President, Academic shall consider the appeal and review the matter in a manner which he/she, in his/her sole discretion, deems appropriate, and may either sustain, quash or vary the decision being appealed. Where a decision against the appellant is sustained, the Vice-President Academic may also confirm, vary, extend or suspend the exclusion from class initially imposed.
- The Vice-President, Academic shall communicate his/her decision to the appellant, or his/her agent/representative/lawyer, in writing within ten (10) calendar days of receipt of the appeal or within such longer period as the Vice-President, Academic deems necessary in his/her sole discretion.
- Decisions of the Vice-President, Academic shall be final and binding, and no right of appeal lies therefrom.
12.17.2. Exclusion from an Exam by an Exam Supervisor
- When a student disturbs, or otherwise interferes with exam activities, the Exam Supervisor may immediately exclude the student from the exam room and request that the student return immediately his/her exam test and booklet. The Exam Supervisor shall advise the student that he/she can request to write another version of the exam at a later date.
- The Exam Supervisor is required to notify the Registrar, the course professor and the Program Director by the next working day.
- The student who feels that he/she has been unfairly treated can lodge a complaint with the Program Director. The decision of the Program Director and of the Vice-President, Academic, in the case of an appeal, shall not invalidate the prior action of the Exam Supervisor.
- The Program Director shall communicate his/her decision in writing to the student within ten (10) calendar days of receipt of the complaint.
- The University shall not be held legally responsible for any contract period or credit lost.
- The student may appeal the Program Director's decision by following the same procedures outlined under the previous 12.15.
12.18. Freedom of Information and Protection of Privacy
The use and disclosure of personal information will be only as provided by the Athabasca University Protection of Privacy and Alberta's Freedom of Information and Protection of Privacy Act.
12.19. Student Academic Appeals Policy
This policy sets out the mandate and procedures of the Student Academic Appeals Committee. The Student Academic Appeals Committee will consider written appeals from individual students/applicants under this policy. All individuals initiating an appeal must follow the procedures as outlined below under the appropriate section.
12.19.1. Student Academic Appeals Committee
The Student Academic Appeals Committee shall be composed of the following members:
- members elected by Academic Council
- three academic staff members from undergraduate programs
- one academic staff member from graduate programs
- one student representative
- the Registrar or designate shall be an ex officio member of the Committee, and shall serve as its Chair.
Committee members elected by Academic Council shall hold office for a term of three years. Members elected by Academic Council shall have their terms staggered at one-year intervals.
The quorum for committee deliberations shall be four (4) members, one of whom shall be the Chair. If the committee is obliged to consider an appeal at a time when a quorum from the regular committee membership is not possible, the Chair shall obtain alternate representatives from the various bodies sufficient to ensure a quorum. The alternate representatives selected in the above manner shall serve only until a quorum of elected members can be obtained.
12.20. Appealable Actions and Decisions
A student/applicant may appeal
- the assignment of grades on substantive grounds.
- the assignment of grades on procedural grounds.
- enrolment decisions on substantive grounds.
- enrolment decisions on procedural grounds.
- decisions on the evaluation and assessment of transfer credits.
- the application of institutional policies or procedures.
- appeals arising from the Academic Misconduct Policy, as amended from time to time.
- appeals arising from the Admission and Enrolment of Students Required to Withdraw for Reasons of Academic Misconduct Policy, as amended from time to time.
- any other decision made by or on behalf of Athabasca University that affects the student's academic progress.
12.20.1. Appeals Process for Assignment of Grades
A student may appeal any grade assigned to essays, examinations and assignments or exercises that contribute to the final grade. (Appeals of both failing and passing grades will be considered.)
The student shall determine the grounds for his/her appeal and follow the procedures outlined below under the appropriate section. The Program Director, or the Chair of the Student Academic Appeals Committee, shall redirect the appeal to the other officer if the letter of appeal is initially misdirected. Where there is disagreement as to which procedures should be followed, the Chair of the Student Academic Appeals Committee shall make the final decision.
The appeal of a grade, and subsequent remarking, will result in one of three possible outcomes: (1) the grade remains the same; (2) the grade is raised; or (3) the grade is lowered.
Note: Reference to a Program Director means the director of the program of study in which the student is enrolled. In the case of an unclassified student, the director of the program in which the course in question resides will be assigned by the Vice-President, Academic to administer the appeal. If any question arises as to the appropriate Program Director, the Vice-President, Academic will decide.
12.20.2. Appeals on Substantive Grounds
A student who is dissatisfied with a grade must contact the tutor or instructor to discuss the grade and material in question before making an appeal. Such contact must be made within one (1) month of receiving the grade.
At the request of either the student or the tutor, or both, the examination, essay or assignment may be submitted to the course professor, or other competent marker as determined by the Centre Chair in cases where the initial mark is assigned by the course professor, with a written request that it be remarked. This request must be made within one (1) month of the student's original complaint. The student will be advised of the result of the remarking within one (1) month of his/her request.
After this procedure has been followed, a student who is still dissatisfied may appeal in writing to the Program Director within one (1) month of receipt of the second marking, specifying in detail the reasons for making a further appeal and enclosing all additional information or documentation he/she wishes considered.
The Program Director shall review the case, consulting with staff, faculty, the student concerned, or other persons as he/she considers appropriate, providing it is practical to do so. The Program Director shall inform the student, in writing, of the decision within one (1) month of receiving the appeal. The Program Director's decision of an appeal on academic grounds shall be final. A copy of the correspondence shall be sent to the Office of the Registrar and kept in the student's file.
The student's final grade on the examination, essay or assignment will be the most recently assigned grade.
12.20.3. Appeals on Procedural Grounds
A student may appeal on procedural grounds the assignment of a grade by submitting a letter of appeal to the Chair of the Student Academic Appeals Committee within one (1) month of receiving the grade.
The Chair shall present the student's letter of appeal to the committee for consideration and decision. The committee shall review the case, consulting with staff, faculty, the student concerned, or other persons as it considers appropriate, providing it is practical to do so. The Chair shall inform the student, in writing, of the committee's decision within one (1) month of receiving the appeal. The decision of the committee shall be final. A copy of the correspondence will be kept in the student's file.
12.21. Appeals Process for Enrolment Decisions
A student/applicant may appeal any decision denying his/her enrolment in a particular program of study.
The student/applicant shall determine the grounds for his/her appeal and follow the procedures outlined below under the appropriate section. The Program Director, or the Chair of the Student Academic Appeals Committee, shall redirect the appeal to the other officer if the letter of appeal is initially misdirected. Where there is disagreement as to which procedures should be followed, the Chair of the Student Academic Appeals Committee shall make the final decision.
12.21.1. Appeals on Substantive Grounds
A student/applicant who is dissatisfied with an enrolment decision must contact the Chair of the committee (or designate) or the University officer who made the initial decision to discuss the decision in question before making an appeal. Such contact must be made within one (1) month of receiving the notification of the decision.
After this procedure has been followed, a student/applicant who is still dissatisfied may appeal in writing to the Program Director within two (2) months of receiving notification of the enrolment decision, specifying in detail the reasons for making a further appeal and enclosing all additional information or documentation he/she wishes considered.
The Program Director shall review the case, consulting with staff, faculty, the student/applicant concerned, or other persons as he/she considers appropriate. The Program Director shall inform the student/applicant, in writing, of the decision within one (1) month of receiving the appeal. The Program Director's decision of an appeal on substantive grounds shall be final. A copy of the correspondence shall be sent to the Office of the Registrar and kept in the student's file.
12.21.2. Appeals on Procedural Grounds
A student/applicant may appeal on procedural grounds the enrolment decision by submitting a letter of appeal to the Chair of the Student Academic Appeals Committee within one (1) month of receiving notification of the enrolment decision.
The Chair shall present the student's/applicant's letter of appeal to the committee for consideration and decision. The committee shall review the case, consulting with staff, faculty, the student/applicant concerned, or other persons as it considers appropriate.
The Chair shall inform the student/applicant, in writing, of the committee's decision within one (1) month of receiving the appeal. The decision of the committee shall be final. A copy of the correspondence will be kept in the student's file.
12.22. Appeals Process for Transfer Credit Evaluations and Assessments
A student may appeal any decision with respect to the awarding of transfer credit for previous education. Appeals to change the designation of certain credits, to obtain more credit or to reduce the credit granted, are allowed. Students are expected to be familiar with the section entitled Undergraduate Admission and Transfer Credit Procedures, in the current online University Calendar. The procedures below shall be followed.
12.22.1. Procedure
A student who is dissatisfied with any decision concerning the evaluation and assessment of transfer credit must contact the Supervisor, Admission and Evaluation Services, to discuss the award before an appeal is made. Such contact must be made within one (1) month of receiving the Letter of Assessment.
After this procedure has been followed a student who is still dissatisfied with an assessment decision may appeal the decision in writing to the Assistant Registrar, Admissions within two (2) months of receiving the Letter of Assessment. The written appeal must identify precisely the decision(s) the student wishes to be reconsidered. All supporting documentation or evidence that the student wishes to be considered must be submitted at this stage of the appeal.
The Assistant Registrar, Admissions shall review the file and any supporting documentation that has been submitted, and may consult with faculty members, committee members, staff members, program directors, the student concerned, or other persons as he/she considers appropriate. After a thorough investigation of the circumstances and particulars of the case, the Assistant Registrar, Admissions shall inform the student in writing of the decision, within one (1) month of receiving the appeal. A copy of the correspondence must be kept in the student's file.
After this procedure has been followed, a student may appeal a decision on transfer credit evaluations and assessments by submitting a letter of appeal to the Chair of the Student Academic Appeals Committee within one (1) month of receiving the Assistant Registrar, Admissions written notification. The letter of appeal must specify in detail the reasons for making a further appeal.
If the above procedures have been followed, the Chair shall present the student's appeal to the committee for consideration and decision. The committee shall review the case, consulting with staff, faculty, the student concerned, or other persons as it considers appropriate. The Chair shall inform the student, in writing, of the committee's decision within one (1) month of receiving the appeal. The decision of the committee shall be final. A copy of the Chair's correspondence will be kept in the student's file.
12.23. Appeals on Matters of Institutional Procedure or Policy
A student/applicant may appeal any decision based upon institutional procedure or policy, provided that the policy under which the decision is made does not provide for a final decision on the part of a University officer. Appeals to quash or vary the decision are allowed.
12.23.1. Procedure
The procedures below shall be followed.
A student/applicant who is dissatisfied with any decision based upon institutional procedure or policy, providing that the policy does not provide for a final decision on the part of a University officer, must contact the unit supervisor where the initial decision was made to discuss the decision before an appeal is made. Such contact must be made within one (1) month of notification of the decision.
After this procedure has been followed, a student/applicant who is still dissatisfied with a decision may appeal the decision in writing to the head of the department, or designate, where the unit that made the original decision is housed, within two (2) months of notification of the decision. The written appeal must identify precisely the decision(s) the student/applicant wishes to be reconsidered. All supporting documentation or evidence that the student/applicant wishes to be considered must be submitted at this stage of the appeal.
The department head (or designate) shall review the case and any supporting documentation that has been submitted, and may consult with faculty members, committee members, staff members, program directors, the student/applicant concerned, or other persons as he/she considers appropriate. After a thorough investigation of the circumstances and particulars of the case, the department head (or designate) shall inform the student/applicant in writing of the decision, within one (1) month of receiving the appeal. A copy of the correspondence will be kept in the student's file.
After this procedure has been followed, a student/applicant may appeal a decision based on institutional procedure or policy, providing that the policy does not provide for a final decision on the part of a University officer, by submitting a letter of appeal to the Chair of the Student Academic Appeals Committee within one (1) month of receiving written notification from the department head (or designate). The letter of appeal must specify in detail the reasons for making a further appeal.
If the above procedures have been followed, the Chair shall present the student's/applicant's appeal to the committee for consideration and decision. The committee shall review the case, consulting with staff, faculty, the student/applicant concerned, or other persons as it considers appropriate. The Chair shall inform the student/applicant of the committee's decision within one (1) month of receiving the appeal. The decision of the committee shall be final. The Chair of the committee shall inform the student/applicant, in writing, of the decision. A copy of the Chair's correspondence will be kept in the student's file.
12.24. Appeals Arising from Other Policies
The Academic Misconduct Policy, the Non-Academic Misconduct Policy, and other policies, as established or amended from time to time, may provide rights and procedures for appeal to the Student Academic Appeals Committee.
Students/applicants who wish to avail themselves of these rights are expected to be familiar with the policy in question and must follow the procedures for appeal as outlined in the policy in question. Appeals made directly to the Chair without having followed the procedures established in the appropriate policy, shall be redirected to the appropriate University official for action.
If the procedures outlined in the policy in question have been followed, and the student/applicant is still dissatisfied with the decision, the student/applicant may appeal the matter by submitting a letter of appeal to the Chair of the Student Academic Appeals Committee within one (1) month of receiving notification of the decision. This letter must specify in detail the reasons for making a further appeal and the remedy the student/applicant is seeking.
After this procedure has been followed, the Chair shall present the student's/applicant's appeal to the committee for consideration and decision. The committee shall review the case, consulting with staff, faculty, the student/applicant concerned, or other persons as it considers appropriate. The Chair shall inform the student/applicant, in writing, of the committee's decision within one (1) month of receiving the appeal. The decision of the committee shall be final. A copy of the Chair's correspondence will be kept in the student's file.
12.24.1. Time Limits
Time limits for submitting appeals under this process are mandatory and must be adhered to. Failure by a student/applicant to submit an appeal within the time limits set out herein shall normally result in the student/applicant forfeiting the right to appeal. The Registrar (or the appeals committee, or the Program Director, or the department head, or designate) may, in his/her (or their) sole discretion, extend the time limit for the processing of an appeal of a student/applicant where he/she (or they) consider(s) an extension appropriate under the circumstances.
Note: Notification mailed by single-registered post to the last known address of the student is deemed, in the absence of evidence to the contrary, to have been received by the student ten (10) calendar days after posting to an Alberta address and twenty (20) calendar days to an address outside of Alberta.
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