FAQ

I am a faculty member or staff member at the University. Can I get involved in student tribunals and, if so, how?

Pursuant to the Policy on the Establishment of Tribunal Hearing Pools (BD-6)., faculty members and staff members may be appointed as members of the Tribunal Hearing Pool for a period of two (2) academic years. Faculty members of the Tribunal Hearing Pool attend first-level hearings as well as appeal hearings and, along with other members of the Tribunal Hearing Pool, hear and vote upon the outcome of cases presented to them. A total of thirty-five (35) faculty members may be appointed to the Tribunal Hearing Pool at any one time.

The University’s Senate has final approval of all faculty appointments to the Tribunal Hearing Pool.

Five (5) members of the Tribunal Hearing Pool are University administrative and support staff, nominated in accordance with the relevant policy. Currently, such members only attend some hearings under the Code of Rights and Responsibilities (BD-3). The Board of Governors has final approval of all staff appointments to the Tribunal Hearing Pool.

I am a student at the University. Can I get involved in student tribunals and, if so, how?

Pursuant to the Policy on the Establishment of Tribunal Hearing Pools (BD-6), a total of twenty-five (25) students, including fifteen (15) undergraduate students and ten (10) graduate students, may be appointed to the Tribunal Hearing Pool for a period of two (2) academic years. Members of the Tribunal Hearing Pool attend first-level hearings as well as appeal hearings and, along with other members of the Tribunal Hearing Pool, hear and vote upon the outcome of cases presented to them.

Undergraduate students are nominated by the Concordia Student Union and graduate students are nominated by the Graduate Students’ Association. The University’s Senate has final approval of all student appointments to the Tribunal Hearing Pool.

Once a student has been appointed, it is within the discretion of the Office of Student Tribunals to select that student to sit on a particular hearing panel (depending upon availability, appropriateness, conflict of interest, etc.) and to decide to attribute to that student up to a six (6) credit tuition waiver at the Quebec tuition rate for that academic year.

I am a lawyer. Can I get involved in student tribunals and, if so, how?

Pursuant to the Policy on the Establishment of Tribunal Hearing Pools (BD-6), interested and qualified lawyers may be appointed by the University’s Senate to the Tribunal Hearing Pool as non-voting Chairs for a period of two (2) academic years. Chairs are in charge of ensuring that first-level hearings as well as appeal hearings are run in a fair manner.

Interested lawyers should contact tribunal@concordia.ca.

What hearings do the Office of Student Tribunals administer?

The Office of Student Tribunals currently administers hearings set forth in the following Policies:

• the Code of Rights and Responsibilities (BD-3)
• the Academic Code of Conduct
• the Academic Re-evaluation Procedures
• the Graduate Academic Appeals Procedures

When do hearings occur?

Normally, hearings occur on weekdays, Monday through Thursday, after 1:00 p.m. Hearings are not usually held during the months of July or August.

How much time would I be expected to commit as a member of the Tribunal Hearing Pool?

If you are appointed to the Tribunal Hearing Pool, when appropriate, you will be: (i) asked for your availabilities; and (ii) scheduled accordingly. Usually, two cases are heard at each sitting of the tribunal. When appropriate, the Office of Student Tribunals will generally schedule members of the Tribunal Hearing Pool for one or two sittings per month, for a total time commitment of four (4) to eight (8) hours per month, plus the time that it takes to review the documents submitted for the panel’s consideration prior to the hearings.

Where can I go for help and advice before or after my hearing?

There are three (3) different advocacy centres at the University: the University’s Student Advocacy Office (514-848-2424, ext 3992, open to all students); the CSU Student Advocacy Centre (514-848-7474, ext 7313, open to undergraduate students); and the GSA Advocacy Center (514-848-2424, ext 7900, open to graduate students). It is strongly recommended that you consult an advocate prior to your hearing and, if your hearing will be conducted orally (i.e. an Academic Hearing Panel under the Academic Code of Conduct, a hearing under the Code of Rights and Responsibilities (BD-3) or a Graduate Academic Appeals Tribunal under the Graduate Academic Appeals Procedures, etc.), that you be accompanied by an advocate at your hearing.

How can I best prepare my case?

Hearings are your opportunity to explain your version of the case to a panel composed of individuals including a Chair, professors, students and/or staff. It is at the hearing panel’s discretion, based upon the evidence and arguments presented before it, to rule in your favour or against you.

It is strongly recommended that you consult an advocate well in advance of any hearing so that you may properly prepare your presentation and prepare for questions that you may be asked during the hearing.

How long will I have to wait for my hearing date?

Generally speaking, delays for hearings depend upon the volume of hearings that are pending and the availability of panelists and Chairs. That said, kindly contact the Office of Student Tribunals at tribunal@concordia.ca for further information as to when you can expect your hearing to be scheduled. Please note that no hearings are held in July, August and during final exams.

Can I postpone my hearing date?

If your hearing is to be conducted orally, you must make your request for a postponement to the Office of Student Tribunals as soon as you become aware of a scheduling conflict. Please note that there is no obligation to grant requests for postponements. Postponements are only granted when there is a serious reason why you cannot attend on the selected date. The Office of Student Tribunals reserves the right to request proof of the reasons for the request for a postponement, and to transfer requests for a postponement to the Chair of the hearing on the date scheduled for the hearing, for the Chair’s consideration. Please note that if your request for a postponement is not granted, the hearing may proceed in your absence.

Can I cancel my request for a hearing?

You may cancel your request for a hearing only if you were the one who requested it in the first place (not if your hearing was requested by your Faculty’s Dean or Code Administrator). In this former case, you must communicate your request in writing as soon as possible to the Office of Student Tribunals at tribunal@concordia.ca. If the hearing is cancelled pursuant to this request and the charge against you was under the Academic Code of Conduct, whatever sanction was imposed by your Faculty Code Administrator will be the sanction imposed upon you.

Must I always attend my hearing?

Some hearings are held without the student present (i.e., Re-evaluation Appeals Panel, Appeals Authorization Panel etc.). In the case of those hearings, you may only submit arguments and evidence in writing.

All hearing panels may proceed in your absence. If you do not attend your hearing and the hearing proceeds in your absence, any decision made by a hearing panel in your absence is binding upon you. If both you and your advocate fail to attend your oral hearing, the sole admissible ground for an appeal is the consideration of the reasonableness of your reason for not appearing.

Why is there a ‘PEND’ notation on my Academic Record?

Pursuant to Article 38 of the Academic Code of Conduct, from the time that a charge of academic misconduct is laid until the final determination regarding the charge, a notation of “PEND” appears on a student’s academic record in order to note that both the grade in the course and the sanction are pending.

What happens when an Academic Hearing Panel (AHP) is requested?

When the Secretary of Tribunals at the Office of Student Tribunals receives a request for a hearing, she will send you an email informing you of the appropriate time in which your hearing is expected to be held. Generally speaking, delays for hearings depend on the volume of hearings that are pending and the availability of panelists and Chairs. Please note that no hearings are held in July, August and during final exams.

When the date is scheduled for your hearing, the Secretary will contact you again to inform you of the date and time of your hearing, and to request that you submit any evidence that you may have along with the names of any witnesses that you intend to have testify at your hearing.

What is the deadline for submitting evidence and witness lists for an AHP?

The deadline for submission of evidence and witness lists is 10 business days (or approximately 2 weeks) before your scheduled hearing date. You are encouraged to inform your advocate of your hearing date and to consult your advocate in the process deciding what evidence to submit and what arguments to make at your hearing.

When do I receive the Associate Dean’s evidence and list of witnesses in my file?

Five business days (about a week) before your hearing date, you will receive a package by registered mail with a copy of all evidence submitted by you and by the Associate Dean, a list of all witnesses in your case, a list of all panelists in your case, a copy of the Academic Hearing Panel procedures and a copy of the Academic Code of Conduct. It is your responsibility to provide a copy of this package to your advocate.

What happens if I am late or do not attend my AHP?

You are asked to come to your hearing on time. Please note that if you fail to attend your hearing, it can proceed in your absence. Any decision made by a hearing panel in your absence is binding upon you. If both you and your advocate fail to attend your hearing, the sole admissible ground for appeal is the consideration of the reasonableness of your reason for not appearing.

What happens at an AHP? 

It is strongly recommended that you be accompanied by your advocate to your hearing.  Hearings normally last approximately 1 to 1.5 hours, but can take more or less time depending on the case. You will be presenting your case to a panel of 5 panelists (3 professors and 2 students) as well as a non-voting Chair who is an external lawyer charged with ensuring that your hearing is fair, and the Secretary, who will record the hearing and take notes on what is said at the hearing. At the hearing, both you and the Associate Dean will have the opportunity to present your respective evidence and arguments.

At the conclusion of the hearing, the Associate Dean and you will be asked to leave the room so that the panel can make a decision about your case. The Academic Hearing Panel has the authority to uphold or dismiss the case against you. If it upholds the case and this is your first offense, they will impose one or more of the sanctions set forth in the Academic Code of Conduct. The Academic Hearing panel may choose to impose a different sanction than the one that was imposed upon you by your Faculty Code Administrator. If it upholds the case and this is not your first offense (e.g., this is the second offense upheld against you under the Academic Code of Conduct), it will be up to the Provost to decide what sanction to impose. Any student found to have committed a second offence is normally suspended or expelled from the University.

When and how do I find out about the decision of the AHP?

You will be informed of the panel’s decision in writing within 10 business days (or approximately 2 weeks) following your hearing

Will the fact that an offence was upheld against me under the Academic Code of Conduct appear on my transcript?

Not necessarily. It is important to differentiate between your “academic record” and your “transcript”. Your academic record is for the University’s internal use only. However, your transcript is the document sent, at your request, to individuals and entities external to the University.

When a charge of academic misconduct has been upheld against you, the sanction imposed upon you is reflected on your academic record with the additional notation of "for academic and disciplinary reasons”. However, this notation does not appear on your transcript.

If a sanction of suspension is imposed, the following notation appears on your academic record and transcript: "Required to withdraw for academic and disciplinary reasons. May not resume studies until [date]”. This notation will be removed from your transcript on the date of resumption of studies but will remain upon your academic record.

If a sanction of expulsion is imposed, the following will appear on your academic record and transcript: "Required to withdraw for academic and disciplinary reasons. May not apply for re-admission”.

Will the fact that an offence was upheld against me under the Academic Code of Conduct affect my GPA?

If an offence was upheld against you and the sanction affected your final grade in a course, that sanction will affect your GPA, whether or not the course has been discontinued or repeated.

Can there be an appeal of the decision of the AHP?

The decision will include a statement that you or the Associate Dean may request authorization to appeal your decision within 15 business days (or approximately 3 weeks) following the transmission of the Academic Hearing Panel’s decision.

If you do not want to appeal the decision of the Academic Hearing Panel do not take any action and, following the expiry of the 15 business day delay, if the Associate Dean has not filed a request for authorization to appeal, the Office of Student Tribunals will send written notice to the Associate Dean and the Registrar indicating that no appeal has been filed and that the sanction imposed by the Academic Hearing Panel can be implemented.

If you want to appeal the decision of the Academic Hearing Panel, please see the ‘Appeals under the Academic Code of Conduct’ tab below for further information.

Who can request authorization to appeal a decision of the Academic Hearing Panel?

Either party (the Student or the Associate Dean) may request authorization to appeal.

When can a student or Dean request authorization to appeal a decision of the AHP?

Once the decision of the AHP has been sent to the student and the Associate Dean, they have 15 business days to submit to the Secretary of Student Tribunals a written request for authorization to appeal the decision of the AHP.
 

On what grounds can a student or Associate Dean request authorization to appeal a decision of the AHP?

1. discovery of new evidence after the AHP (i.e., something that could not have been brought to the AHP);
   
   
2. the presence of serious and prejudicial procedural defects of the AHP (e.g., an issue with what occurred at the AHP which harmed the Appellant’s case); and
   
   
3. if the hearing occurred without the student being present, the reasonableness of the student’s reason for not attending the AHP.

The request for authorization to appeal must explain why the person requesting the appeal (the “Appellant”) believes that authorization to appeal should be granted.

What happens after the Secretary of Student Tribunals receives the request for authorization to appeal?

First, a copy of the request for authorization to appeal is provided to the other party (the student or the Associate Dean, as the case may be) who may submit a response to the Secretary of Student Tribunals within 10 business days. A copy of that response will be sent to the Appellant, who may respond within 10 business days.

When the Secretary has received all responses, an Appeals Authorization Panel will be scheduled to make a decision on the request for authorization to appeal.

What is the composition of the Appeals Authorization Panel?

The Appeals Authorization Panel is made up of two professors, one student and a non-voting Chair, who is an outside lawyer.

Are any of the members of the Appeals Authorization Panel the same as those who sat on the previous AHP?

No. No member of the Appeals Authorization Panel will be the same as those who sat on the previous AHP.

Can the student or the Associate Dean attend the Appeals Authorization Panel? 

No. Decisions with respect to requests for authorization to appeal are based on written record only. Therefore, neither the student nor the Associate Dean may attend the panel that makes the decision on the request for authorization to appeal. This is why it is extremely important that requests for authorization to appeal and responses be written clearly.

What does the Appeals Authorization Panel have the authority to decide?

The Appeals Authorization panel has the authority to either grant or deny the request for authorization to appeal.

What happens if the request for authorization to appeal is denied?

If the panel denies the request for authorization to appeal, the original decision of the AHP will be applied.

What happens if the request for authorization to appeal is granted?

If the panel grants the request for authorization to appeal, normally the case will be sent to another panel, the Appeals Panel. However, if a request for authorization to appeal is granted based on the discovery of new evidence or the reasonableness of the student’s reason for not attending the AHP, the panel may instead choose to send the case to a new AHP.

When can the student and the Associate Dean expect a decision from the Appeals Authorization panel?

Normally the decision, which is made in writing, shall be sent to the parties within 10 business days following the meeting of the panel.

Is the decision of the Appeals Authorization Panel final?

Yes. The decision of the Appeals Authorization Panel is final.

What is the composition of an Appeals Panel?

An Appeals Panel is made up of two professors, one student and a non-voting Chair. These members are different from those who sat on the AHP and the Appeals Authorization Panel. 

What documents does the Appeals Panel get before the hearing?

Before the hearing, the Appeals Panel receives all material provided to all previous panels in the case as well as a recording of the AHP.

Can the student and the Associate Dean attend the Appeals Panel?

Yes. The parties (student and Associate Dean) may attend the Appeals Panel.

What arguments can be made by the parties at the Appeals Panel?

The parties may solely present arguments about if and how the AHP’s original decision would have been different if there was no prejudicial defect or if the new evidence was provided to the AHP.

What does the Appeals Panel have the authority to decide?

The Appeals Panel can confirm, reverse or modify the AHP’s original decision, or if the appeal is based on new evidence, the Appeals Panel can send the file to a new AHP.

When can the parties expect the decision from the Appeals Panel?

Normally the decision, which is made in writing, shall be sent to the parties within 10 business days following the meeting of the panel.

Is the decision of the Appeals Panel final?

Yes. The decision of the Appeals Panel is final.

How do I request a Re-evaluation Appeals Panel?

You may only request a Re-evaluation Appeals Panel if you have submitted an ‘Academic Re-evaluation Request’ to the Birks Student Service Centre within the delays outlined at Article 9 of the Academic Re-evaluation Procedures and received a final decision in this regard from your Department Chair.

You must send your request for a Re-evaluation Appeal Panel to tribunal@concordia.ca within fifteen (15) days after the date of transmission of the Chair's decision.  Your request must clearly state in writing the grounds for your request. Please note that the only grounds pursuant to which a Re-evaluation Appeals Panel may grant a student’s request are:

• When the student’s request for a re-evaluation was refused by the Department Chair and, as such, no re-evaluation was ever conducted:
  • The appeal may be based on either substantive grounds or on the presence of serious and prejudicial procedural defects in the Chair’s consideration of the re-evaluation request.
• When the student’s request for a re-evaluation was granted by the Department Chair and, as such, a re-evaluation was conducted:
  • The appeal may be based upon either substantive grounds or on the presence of serious and prejudicial procedural defects.

Additionally, if you want to request a a re-evaluation appeal, you must submit all supporting documents to the Office of Student Tribunals, including a copy of the original request for re-evaluation (from the Birks Student Service Centre), the document that you wish to be re-evaluated, the decisions of the Department Chair and the re-evaluator where applicable, the course outline, and any other documents that you deem appropriate to your case.

Can I attend my Re-evaluation Appeals Panel?

No. Re-evaluation Appeals Panels make their decision based solely upon the written record submitted. It is therefore important that you submit all of your arguments and supporting documents in writing.

Can I appeal the decision of the Re-evaluation Appeals Panel?

No. The decision of the Re-evaluation Appeals Panel is final.