4. Guidelines for Student Misconduct Appeals Committees

4.1 Each Student Misconduct Appeals Committee will determine its own procedures consistent with these guidelines.

4.2 Where a student does not dispute a finding of an inquiry body but appeals against the severity of a penalty imposed, the Student Misconduct Appeals Committee may decide to re-hear the matter in full or to limit its work to a consideration of the penalty.

4.3 Where the Student Misconduct Appeals Committee finds it cannot discharge its responsibilities unless it re-hears the matter (i.e. treats it as a fresh investigation) in full, it shall do so. There may be circumstances that make it acceptable for a Committee to confine itself to dealing afresh with points raised by the student in any stated grounds for the appeal.

4.4 The student is free to raise questions of process and/or merit with respect to the original inquiry. The student may repeat, correct or otherwise amend points made at the original inquiry, provide further explanation, disclose additional mitigating factors or address the matters in other ways which the Committee, allowing some latitude if necessary, finds relevant. If the student advances new evidence, the Committee may hear the appeal or refer the matter to the original inquiry body.

4.5 The student must be given adequate time to prepare an appeal based upon stated reasons for the original decision.

4.6 The student must have an opportunity to seek advice; in some circumstances it may be appropriate for the University to make arrangements for advice to be given. There may be a need for translating and/or interpreting services to be provided.

4.7 The student's opportunity to address the information should be in person, in writing or both. The student should always have the option of having a friend or adviser present during any hearing. The Committee may determine any limitations that may be placed on the role of a friend or adviser present at a hearing. For example, in some circumstances it may be appropriate for the student's friend or adviser to assist the Committee by answering questions or addressing raised issues on the student's behalf. In most University circumstances, any friend or adviser present need not be permitted by the Committee to act as an advocate or legal representative. Only in exceptional circumstances need legal representation be allowed.

4.8 If the Committee considers that a student has an acceptable reason for being unable to attend a hearing (e.g. an international student who has returned home during a vacation period), the Committee may permit the student to nominate a representative to attend. The Committee may permit the student to use telecommunication facilities to participate in all or part of a hearing, if such facilities are readily available at reasonable cost, or may adjourn for a reasonable time until the student is available.

4.9 If the student fails to respond to reasonable attempts by the Committee to communicate or does not provide the Committee with acceptable reasons for not attending a hearing, the Committee will make its own determination as to whether it will adjourn or proceed in the absence of the student.

4.10 The Student Misconduct Appeals Committee determines the order of presentation, i.e. whether the student should open (by presenting a case for the overturning of the original finding and/or penalty) or whether the University should commence the appeal proceedings (by defending the decision of the inquiry body). The nature of the appeal and its circumstances are the determining factors.

4.11 In presenting the appeal case, the student is normally given the opportunity of calling other persons to provide evidence in support of the appeal and the student should be allowed to lead any such witnesses through their evidence in which case the appeal may proceed by way of rehearing afresh.

4.12 During the course of a hearing, the student should be given an opportunity of questioning any witness or other person who is giving evidence to the Committee. A right to question does not imply a right to harass.

4.13 The recommendation or decision against which the appeal is being made will be supported by the Registrar (or nominee). The person providing this support must also be given adequate time to prepare.

4.14 Provided it is relevant to the approach taken by the Committee, a person whose information, given at the earlier inquiry, is being questioned at the appeal, should be given an opportunity to respond to such questions.

4.15 The Committee may appoint advisers as it deems appropriate but it will not commit itself to expenditure without the Registrar's agreement. The Registrar may also seek advice on the University's behalf at any stage of an appeal process.

4.16 During the course of an appeal, neither the fact that there has been an inquiry and there is now an appeal, nor any information relating to them or to the student should be disclosed to people who do not have a legitimate reason to have such information. Accordingly, hearings are normally held in camera.

4.17 Without compromising the appeal's thoroughness, it should take place without any unnecessary delays, taking into account the reasonable needs of people involved to be properly prepared.

4.18 The Student Misconduct Appeals Committee should take into account all of the relevant information it has before it except any information which the student has not had an opportunity of addressing.

4.19 Knowledge that the Student Misconduct Appeals Committee has of any past offences or other misconduct committed by the student may be taken into account only:

• as evidence that the student was aware that certain actions constitute misconduct, and
• as one factor in the consideration of the level of penalty, if the Student Misconduct Appeals Committee finds that the allegation of misconduct, the decision on which is currently under appeal, is proven.

4.20 The Student Misconduct Appeals Committee has the following options:

4.20.1 it may, for any reason, refer a matter back to the inquiry body for further inquiry and decision;

4.20.2 it may uphold an appeal against a finding that the student has committed an act of misconduct, in which case any penalty imposed shall be nullified;

4.20.3 it may uphold an appeal against the severity of a penalty and reduce it to a lesser penalty from among those provided in the Rules;

4.20.4 it may dismiss an appeal against a finding that the student has committed an act of misconduct but determine that the penalty should be reduced to a lesser one from among those provided in the Rules;

4.20.5 it may dismiss the appeal.

If the Student Misconduct Appeals Committee chooses 4.20.1, the Registrar will notify the Student Misconduct Appeals Committee Chair of the result of the inquiry body's re-consideration and whether or not it has been accepted by the student. If the student requests it, the Student Misconduct Appeals Committee will reconvene to hear the appeal.

4.21 The student is entitled to be given the reasons for the appeal decision at the time the decision is made known to the student.

4.22 The Student Misconduct Appeals Committee is responsible for determining who, in addition to the appellant student, should receive formal notification of the result of the appeal and the reasons for it. In making this determination, the Committee will take into account potentially conflicting needs – of the student for privacy and of others who participated in the process and who may have ongoing responsibility for University courses or facilities. The Student Misconduct Appeals Committee may impose conditions of confidentiality on any person who is so notified.

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