IV. Right of Appeal - Standing and Promotion Decisions 

Students on the Fredericton Campus will submit appeals to the Senate Student Standings and Promotions Committee; on the Saint John Campus, appeals will be submitted to the Student Appeals Committee. The term 'appeals committee' as used in this section refers to both of these committees. Appeals are to be submitted via the Office of the Registrar on the respective campus.

1. Entitlement and Jurisdiction

1. If one year or more has elapsed since the academic decision in question was made, student appeals will be considered by the appropriate campus Senate Appeals Committee only in exceptional circumstances.
   
2. Student appeals on the Fredericton Campus are considered by the Senate Committee on Student Standings and Promotions, and on the Saint John Campus by the Senate Appeals Committee. Appeals pertaining to admissions are heard on the Fredericton Campus by the Senate Admissions Committee and on the Saint John Campus by the Senate Student Appeals Committee. Appeals are to be submitted via the Office of the Registrar on the respective campus.
   
3. The University reserves the right to withhold notification of an academic decision if a student has not satisfied their financial obligations to the University. The Senate Student Standings and Promotions Committee in Fredericton, or the Senate Appeals Committee in Saint John, may refuse to hear appeals submitted after the deadline because the notification of an academic decision was withheld for failure to satisfy financial obligations or because notification of an academic decision was not received as a result of a failure to provide the University with an accurate mailing address.
   
4. Subject to the following regulations, students may appeal academic decisions.
   

NOTE: Most reviews concerning grades assigned for individual pieces of work or final grades are subject to the Grade Review Process. An appeal to the appropriate appeals committee is permissible only if the review was conducted without due regard to proper procedure or in a manner which is not fair in all of the circumstances. Students may appeal final grades only after all steps of the grade review process have been completed.

2. Grounds for Appeal

1. The appropriate appeals committee may grant an exemption from the application of a University Regulation or from the effect of an academic decision, on the grounds of compassion, health, or other extenuating circumstances beyond the control of the student. A student requesting such an exemption must state the grounds on which the request is based and provide pertinent documentation.
   
2. The Committee may grant relief on the ground that an academic decision has been made without due regard to proper procedure, or in such a manner which is unfair in all of the circumstances. A student requesting such relief on appeal must state the grounds on which the request is based and provide pertinent documentation.
   

3. Appeals Procedure

1. A student is entitled to seek the advice of the Student Advocate concerning the right of appeal. There is a Student Advocate on both campuses: the Assistant Vice-President (Student Services) or designate (for Fredericton appeals) and the Director of Student Services or designate (for Saint John appeals).
   
2. Where so requested in writing by a student, the Student Advocate shall act on behalf of the student.
   
3. Appeals are to be made in writing, addressed to the appropriate committee by way of letter to the campus registrar.
   
4. Appeals pertaining to academic status at the end of an assessment period must be filed on or before July 15 of that year. Where circumstances warrant, the Committee may consider student appeals which do not meet the normal deadline requirement.
   
5. Appeals shall state the grounds on which the appeal is based, provide supporting documentary evidence and state whether the student will attend the hearing and whether the Student Advocate will represent the student at the hearing.
   
6. The Committee may receive documentation in support of an appeal after the July 15th deadline set for the filing of the appeal itself. The late filing of such supporting documentation may result in delay in the determination of the case.
   
7. After receiving an appeal, the Secretary of the Committee shall:
   a.  make a reasonable attempt to give notice to the student, or the person acting on the student's behalf, of the time, place and manner in which the Committee will proceed, and further shall give access to the student or the person acting on the student's behalf to the materials relevant to the appeal;
   b.  give notice to the instructor, Chair of the Department and Dean of the Faculty concerned of the time, place and manner in which the Committee will proceed, and request that any written materials relevant to the appeal be filed with the Committee in such a manner that the right of access provided for in a.) is observed.
   
8. The Committee hears and determines the matter. The decision of the Committee, which is provided to the student in writing, is final (see below). No re-appeal of the decision will be heard by the Committee unless new evidence is presented and deemed by the Committee to be of sufficient importance to justify clearly the reopening of the case.
   

4. Senate Review

A student may request that the relevant Senate review a decision of the appropriate appeals committee.

The only grounds for such a request are: 

a. the decision was made without due regard to proper procedures, with the result that the student was materially disadvantaged; and/or 

b. the decision was made in a manner which is not fair in any of the circumstances.

Advice and Assistance

A student is entitled to seek the advice of the Student Advocate with respect to and application for Senate Review. The Student Advocate is the Assistant Vice-President (Student Services) or designate (Fredericton appeals) or the Director of Student Services or designate (Saint John appeals).

Where so requested in writing by a student, the Student Advocate shall act on behalf of the student to the extent requested in the application for Review.

Procedures

1. An Application for Senate Review shall:
   a. be filed in the Office of the Secretary of Senate within thirty (30) days of the date of the letter of notification of the decision of the appeals committee made under provisions of the Appeal Procedures.
   b. made in writing, addressed to the Secretary of the Senate, and state the grounds on which the applications is based. 
   
2.  On receiving of an Application for Senate Review, the Secretary of Senate shall:
   a. notify the student or person acting on the student's behalf, of the time, place and manner in which the Review will proceed, and further shall ensure access by the student, or the person acting on the students behalf, to the materials relevant to the application;
   b. give notice to the appropriate appeals committee of the time, place and manner in which the Review will proceed and request that any written material relevant to the application be filed with Senate in such a manner as that the right of access stipulated in 2a) is observed.
   c. ask the Senate Nominating Committee and the President to establish a Review Committee.