This Calendar is effective September 1, 2001 - August 31, 2002
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12. Student Code of Conduct and Right to Appeal

(Undergraduate and Graduate)


The University Environment and Student Conduct

The University is defined by tradition as a community of people dedicated to the pursuit of truth and advancement of knowledge, and as a place where there is freedom to teach and learn, and a concomitant obligation to respect these freedoms when they are exercised by others.

The academic offences identified within this section describe, in general terms, behaviour, that if left unchecked, would to an unacceptable degree infringe upon these freedoms and thus threaten the proper functioning of the University.

Nothing in these policies shall prevent the University from referring an individual matter to the appropriate law enforcement agency should such action be considered necessary.

The conduct of students at Athabasca University is governed by three policies: 12.1 Academic Misconduct Policy; 12.9 Non-Academic Misconduct Policy; and 12.19 Student Academic Appeals Policy. These policies are described in this section.

For definitions of specific terms used here, please refer to Section 17 - Glossary.

Athabasca University is serious about academic misconduct, including plagiarism. Our faculty and staff make serious efforts to trace suspected cases and serious penalties are imposed if a case is substantiated.

Correspondence from a student to Athabasca University on any subject pertaining to the Student Code of Conduct and Right to Appeal section must be made in writing via Canada Post, e-mail, or fax to the Office of Registrar.


12.1.  Academic Misconduct Policy

12.1.1.  Intellectual Honesty

Intellectual honesty is accepted as the cornerstone of the development and acquisition of knowledge. Since knowledge is cumulative, further advances are predicated on the contributions of others. In the normal course of scholarship these contributions are apprehended, critically evaluated, and utilized as a foundation for further inquiry. Intellectual honesty demands that the contribution of others be acknowledged. To do less is to cheat. To claim contributions and ideas of another as one's own is to deprive oneself of the opportunity and challenge to learn and to participate in the scholarly process of acquisition and development of knowledge. Therefore, the University insists on intellectual honesty in scholarship. The control of intellectual dishonesty begins with the individual's recognition of the standards of honesty expected and then the compliance with those expectations.

12.1.2.  Academic Offences

Academic offences include the following:

  1. Admissions offences
  2. Plagiarism
  3. Cheating
  4. Misuse of confidential material
  5. Misrepresentation of facts
  6. Misuse of computer software licence


12.2. Definitions of Academic Offences

12.2.1.   Admission Offences

Any applicant for admission who:

  1. misrepresents, or aids another person or persons to misrepresent, material facts for the purpose of gaining admission, enrolment or obtaining academic advantage;

    or

  2. commits, or aids another person or persons to commit, an act designed to misrepresent an applicant's academic status or eligibility for admission, enrolment or for receiving transfer credit;

    or

  3. is known to have assisted a student of Athabasca University, or an applicant, in an act of cheating, plagiarism, fraud, deceit or any other form of academic dishonesty,

is guilty of an admission offence under this policy and may be subject to penalties listed under 12.3 of this policy.

12.2.2.   Plagiarism

Plagiarism involves submitting or presenting work in a course as if that work was the student's own, when, in fact, it was not. Often plagiarism exists when:

  1. the work submitted was done in whole or in part, by an individual other than the one submitting the work;

  2. parts of a work were taken from another source without reference to the original author;

    and/or

  3. the whole work (e.g., essay) was copied from another source.

12.2.3.  Cheating

Cheating is a serious academic offence and includes:

  1. in the course of an examination, obtaining or attempting to obtain information from another student or other unauthorized source, or giving or attempting to give information to another student, or knowingly possessing, using or attempting to use any unauthorized material;

  2. representing or attempting to represent oneself as another or having or attempting to have oneself represented by another in the taking of an examination, preparation of a paper, or other similar activity;

  3. submitting in any course or program of study, without both the knowledge and approval of the person to whom it is submitted, all or a substantial portion of any academic writing, essay, thesis, research, report, project or assignment for which credit has previously been obtained or which has been or is being submitted in another course or program of study in the University or elsewhere;

  4. submitting in any course or program of study any academic writing, essay, thesis, research, project, or assignment containing a statement of fact known by the student to be false or a reference to a source where the reference or source has been fabricated;

    or

  5. submitting in any course or program of study, without both the knowledge and approval of the person to whom it is submitted, all or a substantial portion of any academic writing, essay, thesis, research, report, project or assignment that has been co-authored.

12.2.4.   Misuse of Confidential Materials

It is an offence to knowingly procure, distribute, or receive any confidential material such as pending examinations, tests/quizzes, assignments or laboratory results from any source without the proper, written consent of the course professor.

12.2.5.   Misrepresentation of Facts

It is an offence to knowingly misrepresent material facts, results of academic submissions, grades, or reviewer's comments, to a third party.

12.2.5(a)   Forged or Falsified Documents

Forging or falsifying academic records is a serious offence that can result in expulsion and possible criminal prosecution. Specifically, it is an offence to:

  1. falsify or forge an Athabasca University academic record (transcript);

  2. create or present a fraudulent degree, certificate or parchment and/or to claim the receipt of a fraudulent credential;

  3. assist another in falsifying or forging an Athabasca University record or credential.

12.2.6.   Misuse of University Computer Resources

It is an offence to violate software licensing and copyright agreements or to misuse University computer equipment. (See also Athabasca University Information Technology Usage Policy and Entitlements and Regulations for Electronic Access to Athabasca University. Either policy is accessed at its Web page.)


12.3.  Penalties

Where an academic offence is found to have occurred, the following penalties may be imposed at the discretion of officers set out in 12.4.:

  1. rejection of an application for admission or enrolment

  2. rejection of submitted work

  3. failing grade

  4. expulsion from an examination, the course, or the program

  5. reprimand

  6. academic probation

  7. *suspension

  8. *expulsion from the University

  9. *legal action

*Penalty approved by Vice-President, Academic.


12.4.  Disciplinary Procedures

These procedures are followed in the case of allegations of academic offences. Decisions are subject to the appeals process as outlined in 12.5 of this policy. Any member of the University community who has reason to believe that a student is guilty of an academic offence may initiate proceedings against the student.

12.4.1.   Admissions Offences
  1. Initiation of Proceedings

    Where a member of the University community has reason to believe that a student or applicant has committed an admissions offence, that member of the University community may communicate the particulars of the alleged offence and provide a brief summary to the Assistant Registrar, Admissions within ten (10) calendar days of the identification of a possible offence. Any supporting documentation or evidence should be submitted to the Assistant Registrar, Admissions along with the report.

  2. Review and Determination

    Within ten (10) calendar days of receiving the complaint, and after an initial investigation to determine the validity of the complaint, the Assistant Registrar, Admissions must discuss the alleged offence with the student and the complainant. Other persons (e.g., Registrar; academic staff; university lawyers; Vice-President, Academic; Vice-President, Student Services; etc.) may also be consulted as deemed appropriate.

  3. Determination That No Offence Has Occurred

    Where the Assistant Registrar, Admissions has determined that no admissions offence has been committed and thus declines to proceed with the complaint, the complainant must be provided with a written notice of the decision within ten (10) calendar days of receipt of the complaint.

  4. Determination That An Offence Has Occurred and Imposition of Penalty

    Where an applicant is found to have committed an admissions offence, the University may: give a reprimand, refuse admission or enrolment, refuse re-enrolment or admit or enrol the applicant on a probationary basis.

  5. Written Record

    Where a penalty other than reprimand is imposed, the Assistant Registrar, Admissions shall prepare a statement in writing setting out:

    • a brief summary of the conduct alleged to constitute the offence, and

    • a statement in writing that the alleged offence has been reviewed with the student and the complainant, and

    • a brief statement giving details of the penalty imposed and the reasons therefore.

  6. Notification to the Student

    Within ten (10) calendar days of discussing the incident with the complainant and the student, the Assistant Registrar, Admissions shall provide written notification to the student of findings, and of any penalty imposed. Such notification shall include the record outlined in 12.4.1(e) above. A copy of the correspondence shall be forwarded to the Registrar and kept on the student's file.

    The written notification of the penalty imposed shall also include notification of the right of appeal and shall outline the procedures for appeal. (See also 12.19 Student Academic Appeals Policy.)

12.4.2.  Plagiarism, Cheating, Misuse of Confidential Materials

  1. Initiation of Proceedings

    Where a member of the University community has reason to believe that a student has committed a plagiarism, cheated or misused confidential materials, that member of the University community may communicate the particulars of the alleged offence and provide a brief summary to the appropriate Program Director within ten (10) calendar days of the identification of a possible offence. Any supporting documentation or evidence should be submitted to the Program Director along with the report. Where the Program Director is also the course coordinator and/or tutor, the Vice-President, Academic shall appoint an alternate Program Director.

    Note: Reference to a Program Director means the director of the program of study in which the student is enrolled. In the case of unclassified students, 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.

  2. Review and Determination

    Within ten (10) calendar days of receiving the complaint, and after an initial investigation to determine the validity of the complaint, the Program Director must discuss the alleged offence with the student and the complainant. Other persons (e.g., Registrar; academic staff; University lawyers; Vice-President, Academic; Vice-President, Student Services; etc.) may also be consulted as deemed appropriate.

  3. Determination That No Offence Has Occurred

    Where the Program Director has determined that no offence has been committed and thus declines to proceed with the complaint, the complainant must be provided with a written notice of the decision within ten (10) calendar days of receipt of the complaint.

  4. Determination That An Offence Has Occurred and Imposition of Penalty

    Where an applicant is found to have committed a plagiarism, cheating or misuse of confidential materials offence, the Program Director may impose one or more of the penalties outlined in 12.3. of this policy.

  5. Written Record

    Where a penalty other than a reprimand is imposed, the Program Director shall prepare a statement in writing setting out:

    • a brief summary of the conduct alleged to constitute the offence, and

    • a statement in writing that the alleged offence has been reviewed with the student and the complainant, and

    • a brief statement giving details of the penalty imposed and the reasons therefore.

  6. Notification to the Student

    Within ten (10) calendar days of discussing the incident with the complainant and the student, the Program Director shall provide written notification to the student of findings, and of any penalty imposed. Such notification shall include the record outlined in 12.4.2(e) above. A copy of the correspondence shall be forwarded to the Registrar, and kept on the student's file.

    The written notification of the penalty imposed shall also include notification of the right of appeal and shall outline the procedures for appeal.

12.4.3.  Misrepresentation of Facts

  1. Misrepresentation of Material Facts, Academic Submissions, Grades or Reviewer's Comments

    In the case of misrepresentation of material facts with respect to academic submissions, grades or reviewer's comments, the procedures as set out in 12.4.2. shall apply.

  2. Forging or Falsifying Athabasca University Documents

    In cases where it has been alleged that Athabasca University documents have been forged or falsified, the procedures as set out in 12.4.1 shall be followed and the penalty prescribed below.

    In all cases where it has been determined that a person has forged or falsified an Athabasca University academic record, transcript, degree, certificate or parchment and/or fraudulently claimed a credential:

    1. that person shall be expelled from the University,

      and

    2. have the expulsion recorded on his or her academic record and transcripts,

      and

    3. the case shall be referred to the appropriate law enforcement agency for investigation and possible criminal prosecution.

    12.4.4.  Misuse of University Computer Resources

    In cases where a student is alleged to have misused University computer resources the procedures as set out in 12.4.2. shall be followed; however, the procedure shall be applied by the Vice-President, Academic rather than the Program Director (in consultation with the Director, Computing Services).


    12.5.  Appeals

    A student may appeal any ruling by the Assistant Registrar, Admissions or a Program Director to the Registrar or designate (as chair of the Student Academic Appeals Committee) by following the procedures established by that committee and set out in the policy entitled 12.19. Student Academic Appeals Policy.

    12.5.1.  Time Limits for Initiation of Appeals

    The student shall be required to appeal by submitting the required written documentation within thirty (30) days of receipt, or deemed receipt, of the letter from Assistant Registrar, Admissions; Program Director or Vice-President, Academic, advising the student of the findings and 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.

    12.5.2.  Grounds for Appeal

    The student may appeal the decision based upon denial of the offence and/or severity of the penalty.

    12.5.3.  Student Academic Appeal Committee

    The Student Academic Appeal Committee shall consider the appeal in accordance with the procedures it establishes, and shall render a decision confirming, reversing or modifying the decision appealed. The Student Academic Appeals Committee may substitute, rescind, or vary any penalty imposed, as it sees fit.

    12.5.4.  Further Appeals

    The decision of the Student Academic Appeals Committee shall be final and binding upon the University and the student.


    12.6.  Students' Records and Transcripts

    12.6.1.  Recording Decisions in the Student's Academic Record

    A copy of the documentation prepared by the Assistant Registrar, Admissions; Program Director or Vice-President, Academic, shall be forwarded to the Registrar (along with any supporting documentation or evidence) and shall be kept permanently in the student's official file.

    12.6.2.  Transcript Notations

    Suspension imposed for disciplinary reasons shall appear on the student's transcripts until the suspension is lifted. In the case of expulsion, an entry shall appear on the student's transcript for the full period of the expulsion.

    12.6.3.  Freedom of Information and Protection of Privacy

    The use and disclosure of personal information will be only as provided for by the Athabasca University Protection of Privacy Policy and Alberta's Freedom of Information and Protection of Privacy Act.


    12.7.  Time Limits for Appeals

    The time limits contained in this policy are mandatory and must be adhered to. Failure by a student to submit an appeal within the limits set out herein shall result in the student forfeiting the right to appeal, subject only to the sole discretion of the Registrar, or designate, who may extend the time limit for processing an appeal of a student where such extension is considered appropriate under the circumstances. Failure to initiate a complaint within the time permitted in this policy, or failure on the part of the University to process a complaint within the above stated limits, shall not necessarily invalidate the complaint or the proceeding under this policy. The Registrar, or designate, may provide for extensions of time limits, whenever considered appropriate, and upon any condition deemed necessary for granting of the extension.


    12.8.  Authorities

    12.8.1.  General Authority

    Section 42(1) (a) and (b) of the Universities Act (R.S.A., 1980, c. U-5).

    12.8.2.  Authority to Delegate

    Section 42(1) (b) of the Universities Act (RSA, 1980, c. U-5).
    Section 46(1) (c) of the Universities Act (R.S.A., 1980, c. U-5).
    AUGC motion 125-4 (December 16, 1998)
    AUAC motion 147-20 (January 27, 1999)


    12.9.  Non-Academic Misconduct Policy

    Non-academic offences attempted or committed by students on University premises or during University-sponsored activities shall be grounds for disciplinary action by the University. The University reserves the right, notwithstanding anything contained herein, to refer any non-academic offence to the appropriate civil or criminal authority, as it may deem appropriate.

    12.9.1.  Non-Academic Offences

    Non-academic offences include the following:

    1. Disruption of University activities

    2. Unauthorized entry to or use of University facilities

    3. Misappropriation of, misuse of, or damage to University property

    4. Physical abuse or dangerous activity resulting in, or likely to result in, physical abuse of person or property

    5. Written and/or verbal abuse

    6. Sexual harassment

    7. Refusal to provide identification

    8. Smoking in prohibited areas


    12.10.  Definitions of Non-Academic Offences

    12.10.1.  Disruption of University Activities

    Disruption of University activities includes but is not limited to: exam-writing, tutoring, teaching, studying, research, administration and meetings.

    12.10.2.  Unauthorized Entry and Use

    Unauthorized entry and/or use refers to any University building, facility, room, or office. Facilities include but are not limited to: the central office, learning centers, University House, and parking lots.

    12.10.3.  Misappropriation Of, Misuse Of, or Damage To University Property

    Misappropriation of, misuse of, or damage to University property include the following:
    1. Misappropriation of or possession of misappropriated University property

    2. Intentional or negligent damage of University property

    3. Removal of books or other library and audio-visual material without proper authorization

    4. Mutilation or defacing of books or other library materials

    5. Intentionally misplacing resources or in any other way intentionally depriving other members of the University of the property or of having access to the resources.

    12.10.4.  Physical Abuse and Dangerous Activity

    Physical abuse and dangerous activity include the following:
    1. Actual physical abuse or threat of physical abuse to another person

    2. Damage to another person's property

    3. Knowingly, and without just cause, cause another person to fear physical abuse or fear damage to his/her property

    4. Creating a condition that unnecessarily endangers or threatens the health, safety, or well-being of other persons, or could cause damage to property.

    12.10.5.  Written and/or Verbal Harassment

    Written and/or verbal harassment includes the use of threatening, obscene, profane, or racist language, or language that is otherwise abusive in the circumstances, by a student, directed to another student, an instructor, officer, or other employee of the University, or any other person.

    12.10.6.  Sexual Harassment

    Sexual harassment includes the following:
    1. Written and/or verbal abuse or threats

    2. Unwelcome remarks, jokes, innuendoes or taunting

    3. Displaying of pornographic or other offensive or derogatory pictures,

    4. Practical jokes that cause awkwardness or embarrassment

    5. Unwelcome invitations or requests, whether direct, explicit, or intimidating

    6. Leering or other gestures

    7. Unnecessary physical contact such as touching, patting, pinching, punching

    8. 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:

      1. Reprimand

      2. A fine of not more than $1,000

      3. Suspension

      4. Expulsion

      5. Exclusion from class

      6. 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:

      1. where the Investigator believes that no University rule has been violated;

      2. where the Investigator believes the complaint to be scandalous, frivolous, or vexatious;

      3. where the investigator believes that an unreasonable amount of time has elapsed since the incident;

      4. 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

      1. The Investigator shall ensure that all documentation is provided to the Registrar.

      2. 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.

      3. The Registrar, following such investigation, may dismiss the complaint or impose one or more of the penalties.

      4. In determining an appropriate penalty, the Registrar may take into account the disciplinary record, if any, of the student.

      5. 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

      1. 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.

      2. 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.

      3. If legal counsel is retained by the appellant, the Vice-President, Student Services must be notified of same immediately.

      4. 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.

      5. Where the Vice-President, Student Services sustains the finding of guilt, he/she may confirm, vary or suspend the penalty imposed.

      6. 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.

      7. 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

      1. 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.

      2. 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.

      3. 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.

      4. 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.

      5. 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.

      6. 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.

      7. 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

      1. 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.

      2. The Exam Supervisor is required to notify the Registrar, the course professor and the Program Director by the next working day.

      3. 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.

      4. The Program Director shall communicate his/her decision in writing to the student within ten (10) calendar days of receipt of the complaint.

      5. The University shall not be held legally responsible for any contract period or credit lost.

      6. 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:

      1. members elected by Academic Council

        • three academic staff members from undergraduate programs

        • one academic staff member from graduate programs

        • one student representative

      2. 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

      1. the assignment of grades on substantive grounds.

      2. the assignment of grades on procedural grounds.

      3. enrolment decisions on substantive grounds.

      4. enrolment decisions on procedural grounds.

      5. decisions on the evaluation and assessment of transfer credits.

      6. the application of institutional policies or procedures.

      7. appeals arising from the Academic Misconduct Policy, as amended from time to time.

      8. appeals arising from the Admission and Enrolment of Students Required to Withdraw for Reasons of Academic Misconduct Policy, as amended from time to time.

      9. 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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