Being charged with or accused of an academic misconduct offense by your post secondary institution can be a stressful and frightening experience. Not only is post-secondary education an expensive and time-consuming undertaking, but a conviction for post-secondary academic misconduct can have far-reaching consequences for future academic and career pursuits. Many students do not know that they can dispute these findings in a formal way. Follow these five steps if you want to contest a finding of post-secondary academic misconduct.
- Read your school’s academic regulations and Appeal Policy and Procedures.
While there is a similar structure to most post-secondary academic appeal processes in Ontario, each institution is empowered to make and administer it own academic regulations and appeal procedures. Some institutions have a progressive appeal process which begins with attempts at informal resolution and can end with a formal appeal hearing at the institutional level. It’s important to understand the process and procedures that apply to your specific situation.
2. Note your deadlines and stick to them.
Typically, timelines in academic appeal matter are short and strict. In many cases an Appellant can have as little as 10 days from the date of the original decision they disagree with to take the first step in the appeal process. If you miss a step or a deadline it can impact your ability to contest the decision, so it’s important to quickly determine the steps in your appeal process and take action promptly to protect your rights.
3. Understand the allegations and find out if you have grounds to appeal the decision.
In most cases, the grounds available to appeal a finding of academic misconduct are limited. These grounds are, as a rule, included in the institution’s academic regulations and one possible example of grounds for appeal could look like these:
“i. The decision was unreasonable based on the evidence before the original decision-maker;
ii. New evidence is available that was not available at the time of the original decision; or
iii. There was procedural unfairness or bias.”
(Source: University of Guelph, University Secretariat, Academic Appeals)
It’s important to understand exactly what allegations the institution (or in some cases, depending on the stage of the proceeding, your professor) are making against you. For example, if the allegation is plagiarism, arguing that you did not intend to plagiarize will not matter, if the act of plagiarism is made out. Knowing exactly what the allegations are, and how your institution treats those offences can help you determine how best to defend yourself and understand your likelihood of success in doing so.
It’s also worth noting that for certain types of academic difficulty, your institution may be prepared to consider your circumstances at the time the alleged offence occurred and impose a sanction which confronts the alleged conduct while recognizing your situation. This is sometimes called compassionate grounds.
4. Complete your appeal form and include supporting documentation.
Once you have an understanding of the allegations against you, and your intended defences, fill out your appeal form.
Be specific, clear and direct. Avoid emotional language and editorializing. Stick to the facts and tie those facts back to the grounds of your appeal under the applicable policies. Include your narrative and attach any supporting evidence you have. If you are attaching new evidence to your appeal, be sure to explain why the evidence is relevant to your appeal and why the evidence was not initially available.
5. Consider whether early resolution is possible.
While most academic appeal procedures provide for written or oral hearing procedures, it is often advisable to carefully consider whether your dispute can be resolved by agreement with the institution. Resolving your dispute by agreement allows all parties some control in creating a mutually agreeable outcome, which often reflects some manner of compromise. While every case is different, and everyone is generally entitled to an academic appeal hearing, in many cases early resolution provides the most timely and flexible path to resolution.
If you have been accused of academic misconduct, and would like assistance, contact us here.
