Academic Appeals Policy

On this page:

1. Purpose
2. Application and Scope
3. Definitions
4. Principles
5. Accountability and Compliance
6. Rules
7. Policy Revision Date
8. Attachments
   • Appendix A - Academic Appeal Procedure
   • Attachment 1 – Level 1 - Academic Appeal Form 
   • Attachment 2 – Level 2 – Formal Academic Appeal Form 
   • Attachment 3 – Appeal Policy Reference Guide
   • Attachment 4 - Grounds for Appeal - Definitions and Resources
9. Specific Links

1. Purpose

This policy provides guidelines with respect to promoting fairness and consistency in academic decisions affecting Mohawk College students.  This policy outlines the standardized procedures for the appellant to challenge an academic decision, and to ensure reasonable and impartial treatment of student concerns related to academic decisions.

This policy provides students with a respectful and consistent process to review academic decisions as defined in the policy, where there is a perception of unfair treatment, which impacts the student’s academic standing or progress. 

This policy summarizes an informal collaborative approach to appeals, along with mechanisms to escalate the conversation to an impartial committee if the appeal is not resolved. 

2. Application and Scope

This policy applies to all employees, students, contractors, consultants, researchers, volunteers, and other workers who are involved in academic activities at Mohawk College. 

Instances where Academic Appeals fall outside normal academic activities (e.g., MCE, Partnership locations, contract training etc.,) resolution may be achieved through other College policies or procedures.    

3. Definitions

“Academic Activities” means all activities which fulfil requirements for courses and/or programs. These activities include both graded and ungraded exercises, including but not limited to quizzes, tests, exams, assessments, evaluations, group assignments, presentations, experiential education, practical assessments, practicums, and work-integrated learning opportunities. 

“Academic Appeal” means the process by which a student may challenge an academic decision they received. 

“Academic Appeals Committee” means a group of designated students, faculty members, staff and academic administrators who listen to, analyse and decide the outcome of an academic appeal hearing.

“Academic Appeals Committee Chair” means an administrator designated by the College’s Vice-President, Academic to facilitate and oversee academic appeal hearings. (Also referred to as ‘Chair’).

“Academic Appeal Hearing” means a confidential meeting in which the appellant and respondent take turns explaining their case and providing evidence to the Academic Appeals committee to support or deny the grounds for academic appeal (also referred to as ‘Hearing’).

“Academic Decision” means a determination made by a Mohawk College faculty/employee acting in accordance with academic policies and procedures, which can include; breach of academic integrity, final course grade, probationary or withdrawal decision, and/or a Prior Learning decision. 

“Academic Manager” means a managerial employee who performs administrative duties with oversight of academic activities in each Department or School, typically an Associate Dean. The Academic Manager may assign part or all responsibilities for discharging the duties of this policy to an alternative administrator or designate (e.g., Program Manager) as required. 

“Appellant” means the student requesting the Level 2 Academic Appeal (also referred to as ‘Student’). 

“Balance of Probabilities” means the standard of proof that will be applied to all assessments of allegations, assertions and perceptions within the appeal process.  Under this standard of proof, proving something on a balance of probabilities means that, given the review of evidence, it is more likely than not to have happened/occurred.   

“Burden of Proof” means the Appellant demonstrates, on a balance of probabilities, it is more likely than not that the decision relating to the academic decision is incorrect. More specifically, that the current academic decision should be changed.

“Chair” See definition of ‘Academic Appeals Committee Chair’ above.

“Grounds for Academic Appeal” means the reason(s) used to challenge an academic decision, which the student believes to be unfair or unreasonable.

“Hearing” See definition of ‘Academic Appeal Hearing’ above.

“Respondent” means the faculty member responding to a Level 2 Academic Appeal.

“Student” means any person or persons enrolled or in the process of enrolling in a course or program for part-time or full-time study (also referred to as ‘Appellant’).

“Support Person” means a person who is present in an appeal meeting for moral and/or emotional support. The support person is not an advocate, a representative, or a speaker on behalf of the student but can be a friend, mentor, family member, or Mohawk Student Association representative, who is not involved in the matter. The support person is required to maintain confidentiality. Formal legal representation is not permitted during the Appeal Hearing.

“Working Days” means the formal business hours of Mohawk College which are Monday to Friday, excluding Saturdays, Sundays, statutory holidays or any other day Mohawk College has publicly acknowledged that it is closed.

4. Principles

4.1 Students shall be assessed consistently and impartially by faculty , in keeping with the stated evaluation criteria noted in the published course outline.

4.2 Grades are presumed accurate and appropriate. It is a student’s responsibility to demonstrate otherwise.

4.3 The Academic Appeal process shall be phased, and expeditiously administered using prescribed timelines with opportunities for resolution.  Resolutions are based on the values of inclusion, accountability and compassion, as well as the understanding that everyone is an equal member of the College community and has a contribution to make to the greater good; this approach enables those who have been harmed to convey the impact of the harm to those responsible, and for those responsible to acknowledge this impact and take steps toward resolution.

4.4 This policy does not address student concerns in instances where a more appropriate college policy or procedure, grievance or appeal process exists, including but not limited to; discrimination and harassment; sexual violence; and student conduct.

4.5 It is a student’s responsibility to initiate each step in the Academic Appeal process, and demonstrate, in detail, the rationale for the appeal based solely on the acceptable grounds outlined in item 6.2.

4.6 Except in unusual situations (i.e placements, co-op or other work integrated learning), as determined by the Academic Manager responsible for delivery of the program, the student advancing the appeal must be allowed to continue in requisite courses until the appeals process is finalized.

4.7 All Academic Appeals shall be considered individually.  A separate Academic Appeal must be completed for each academic decision being appealed.

4.8 Students may not appeal decisions where additional punitive sanctions have not been applied (i.e. Grade reduction, Level 1 Breach of Academic Integrity, remediation only etc.).  Students must wait until after they have received their formal written notice of a decision with respect to an academic decision to submit an appeal.

4.9 Students will engage in the Academic Appeals process in good faith, and can do so without fear of retaliation, sanction or reprisal.  Student complaints deemed to be false, frivolous, vexatious, or made in bad faith will be addressed through the Student Behaviour policy.

4.10 Faculty will engage in the Academic Appeal process in good faith, without fear of retaliation or reprisal, and seeing the process through to completion. Time will be acknowledged per the Collective Agreement. The Academic Manager (or designate) will identify an alternate representative in the event the Faculty is unable to participate.

4.11 Notice of Confidentiality - The College acknowledges the confidential nature of the appeals process and only shares information regarding individual appeals with those necessary to support the process.

5. Accountability and Compliance

5.1 Accountability Framework 

This policy has been approved by the Senior Leadership Team. 

5.2 Compliance 

The Registrar’s Office, with the guidance of the Senior Leadership Team, is responsible for monitoring compliance with this policy and updating the policy every 5 years or as required earlier. 

6. Rules

6.1 Academic Appeals Type

Students may initiate an Academic Appeal in relation to the following types of academic decisions:

• A breach of academic integrity 
• A final course grade 
• A probationary or withdrawal status decision
• A Prior Learning Assessment and Recognition (PLAR) decision

Should a student wish to appeal more than one decision, each request will constitute an individual and separate academic appeal. 

6.2 Grounds for Academic Appeal

Grounds for academic appeals do not include disagreement with an academic decision. The appeal must be based on one or more of the following grounds:

• Accommodation
• Course Management
• Extenuating Circumstances
• Illness or Disability
• Merit of Work
• Personal Bias or Unfair Treatment
• Policy Violation

When indicating the Grounds for Appeal, the student must be able to provide a specific, evidence-based explanation of how the academic decision was not appropriately applied.  Specific details on grounds for an appeal can be found in Attachment 4. 

6.3 Appeal Outcomes

The following are possible outcomes of either the Level 1 or Level 2 appeal process:

• The academic decision is upheld.
• The academic decision is adjusted (i.e. increase or decrease in severity).
• The academic decision is revoked.
• The academic decision is modified (i.e. remediation is assigned, an additional assignment is given, etc.)

6.4 Record Retention and Storage

All Level 2 Academic Appeal requests, documentation and decisions will be retained in a centralized database under the supervision of the Registrar’s Office for a period of seven (7) years from the date of decision. All records will be handled with confidentiality and in alignment with FIPPA and PHIPA guidelines.

6.5 Roles and Responsibilities

• It is integral to the teaching and learning process that all students at the College receive feedback concerning their academic standing and are entitled to a review of an academic decision, in the manner specified in this policy, using a fair and consistent process that respects the dignity of all parties involved. No negative implications will arise for any student who chooses to exercise their right to appeal an academic decision.
• Faculty members and administrative personnel involved in any stage of an appeals process must discharge their respective responsibilities fairly, respectfully and within established time frames. Wherever possible, the goal is to address these matters in a timely manner to ensure that the student’s ability to continue their program of studies without negative implications.
• Prior to initiating the formal Academic Appeal process, it is expected that the faculty member and the student will meet and work together informally to try to resolve the issue, wherever possible. See Attachment 4 to support conversations.  Only after these collaborative discussions, should the Level 1 Academic Appeal process be considered.

The College maintains a two (2) level formal Academic Appeal process, as described below. 

1.  A Level 1 Academic Appeal requires the student to electronically submit an evidence-based appeal to the Academic Manager. Submissions are received by the Academic Manager for review and subsequent decision based on the Grounds for Appeal and Appeal Outcomes highlighted in 6.2 and 6.3, considering the balance of probability and the student’s ability to meet the burden of proof. 
2. A Level 2 Formal Academic Appeal is a formal review, heard by the Academic Appeal Committee, where the student can demonstrate the Level 1 – Academic Appeal outcome does not align with the policy.

• The intent is to resolve the academic decision as expeditiously as possible. However, any changes that result from the appeal process must be based on sound, demonstrable academic decisions and must not create inequities for other course registrants.  The faculty member (or designate) will oversee any remediation or actions. 
• All steps with the formal two stages of the process must be documented. The student challenging an academic decision is responsible for initiating all steps of an Appeal, following the established process, providing specific evidence to support their appeal.   Support documentation throughout the appeals process is limited to material submitted with the Appeal Notice at Level 1. No additional supporting documentation will be accepted during the appeals process.
• The College also provides both students and academic staff with a final avenue for review – the Procedural Appeal - to ensure that the appeal process is conducted according to established policy and procedure. The Procedural Appeal can be initiated only in situations where there is clear evidence that the Academic Appeal Committee was not conducted appropriately.
• Except in unusual situations, as determined by the Academic Manager responsible for delivery of the program, the student advancing the appeal must be allowed to continue in requisite courses until the appeals process is finalized.

7. Policy Revision Date

7.1 Revision Date

November 2028

7.2 Responsibility

The Registrar’s Office will initiate the review of this policy every five years or earlier when required. 

8. Attachments

• Appendix A - Academic Appeal Procedure
• Attachment 1 – Level 1 - Academic Appeal Form 
• Attachment 2 – Level 2 – Formal Academic Appeal Form 
• Attachment 3 – Appeal Policy Reference Guide
• Attachment 4 – Grounds for Appeal - Definitions & Resources

9. Specific Links

Academic Accommodations for Students with Disabilities Policy

Academic Integrity Policy

Grading & Transcripts Policy 

Prior Learning Assessment & Recognition

Program Promotion & Graduation Requirements Policy

Student Assessment Policy

Student Behaviour Policy

Freedom of Information and Protection of Privacy Act (FIPPA)

The Ontario Human Rights Code

Personal Health Information Protection Act (PHIPA)

Appendix A - Academic Appeal Procedure

Students have a right to appeal decisions or punitive sanctions related to an academic decision. Academic decisions which include mandatory remediation with no additional punitive sanctions are not subject to appeal. Students are expected to continue to participate in and complete all academic activities while Level 1 and Level 2 proceedings are underway.

1. Level 1 - Academic Appeal

1.1 To initiate a Level 1 - Academic Appeal, the student must declare their request for review of a documented academic decision by completing the Level 1 - Academic Appeal Form (Attachment 1), identifying specific grounds for appeal, and associated evidence to support the Appeal.  This must be submitted within five 5) working days of receipt of the academic decision.

• Students can find who their Academic Manager is by contacting their faculty, Program Coordinator, referring to their Program Handbook or by reaching out to the Registrars Office.

1.2 The the Level 1 – Academic Appeal submission will be received by the Registrar’s office and a copy then delivered to the student, the faculty, and the Academic Manager. The submission will serve as official notice of intent to appeal. 

1.3 Upon submission, the Academic Manager will review the request based on the grounds for appeal, merit of the appeal, and evidence provided to determine if the academic decision was applied with fairness and equity.

1.4 The role of the Academic Manager is to adjudicate on a balance of probability whether the academic decision was applied with fairness and consistency.  To achieve this goal, the Academic Manager shall review all relevant documentation.

1.5 If additional information is required, the Academic Manager may choose to convene a meeting with the student and/or faculty member.  The meeting shall be conducted in a courteous and respectful manner, and provide all parties an opportunity to present their understanding of the situation. 

1.6 Upon reviewing the evidence, and reviewing any related documentation, the Academic Manager will render a decision to the student in writing within seven (7) working days of receiving the submission. The outcomes could include:  

• The academic decision is upheld.
• The academic decision is adjusted (i.e. increase or decrease in severity).
• The academic decision is revoked.
• The academic decision is modified (i.e. remediation is assigned, an additional assignment is given, etc.)

Any change in grade must meet the criteria outlined in this policy. 

1.7 The Academic Manager shall share a copy of the Level 1 – Academic Appeal outcome with the student, faculty member, and registrar [at] mohawkcollege.ca (Registrar’s Office).

2. Level 2 - Formal Academic Appeal

2.1 Where the student can demonstrate the Level 1 – Academic Appeal outcome does not align with the policy, the student must declare their request for review of the outcome in writing to the Registrar’s Office, within five (5) working days. The request is made by completing the Level 2 - Formal Academic Appeal Form (Attachment 2), identifying specific grounds for appeal, and associated evidence to support the Appeal.   

2.3 A copy of the Level 2 – Formal Academic Appeal submission will be delivered to the student, the Academic Manager, and the Registrar’s Office.  The submission will serve as official notice of intent to appeal. The Academic Manager is responsible for notifying the faculty member of the intent to proceed to Level 2 Appeal. 

Upon submission the Registrar (or designate) will determine if the Appeal Request meets the grounds for appeal and/or describes a clear evidence-based reason for the request.

• If the request does not meet the grounds for appeal, the Registrar (or designate) will notify the student in seven (7) working days of the decision.
• If the request does meet the grounds for appeal, the Registrar (or designate) will notify the Academic Appeals Committee of the Level 2 – Formal Academic Appeal request, and convene a meeting within seven (7) working days. 

2.4 The Academic Appeal Committee shall include standing membership (or designates) from the following groups:

• The Dean, Academic Development (or designate) and Registrar (or designate) serving as non-voting Co-Chairs.
• Voting membership will be comprised of a balance of academic administration, faculty, support staff (e.g., Student Success Advisors), and a student (e.g., Mohawk Student’s Association or student body at large).
  • A Faculty Subject Matter Expert (SME) will be requested on an ad hoc basis to support the Academic Appeal Committee, and will stand as a voting member. 

All members of the Academic Appeal Committee stand on a voluntary basis for a period of one (1) year, with the option to extend for an additional one (1) year. To participate in a given meeting, each Committee member must not have any prior involvement in the decision or sanction which is being appealed.

2.5  The Registrar (or designate) will provide written notice of the date, time and location of the meeting, including with the Academic Appeal Package, to the Academic Appeal Committee, appellant and respondent, no less than 24 hours prior to the hearing.    Although attendance is not mandatory, both parties are encouraged to attend. 

2.6 The Level 2 – Formal Academic Appeal will be conducted as a formal hearing before the Academic Appeal Committee. While the Academic Appeal Committee is not a tribunal subject to the Statutory Powers Procedure Act, the procedural provisions of that Act shall be used as the basis of the procedures to be used by the Appeal Committee. The Appeal process has been developed as an internal College strategy for resolving disputes related to academic decisions. 

2.7 During the Appeal Hearing process, students are able to bring a support person under the following guidelines.  All support persons are required to maintain confidentiality. 

• The role of a support person for students with disabilities: An individual who accompanies a student in order to help with communication, mobility, personal care, and/or medical needs or with access to goods, services, and/or facilities. 
• The role of a support person for moral and/or emotional support for students: A support person who is present in a for moral and/or emotional support and is not to act as an advocate, a representative, or speak on behalf of the student, such as a lawyer/legal counsel i.e., the student must answer the questions and speak for themselves, and not the support person. The support person can be an individual, such as a friend, mentor, or family member, who is not a witness to or involved in the matter. 

Formal legal representation is not permitted during the Appeal Hearing. 

2.8 The Chair of the Academic Appeal Committee may extend or abridge timeframes in exceptional circumstances (e.g., the time for filing of documents or receiving statements), provided there is no prejudice to any other party to the proceeding. 

2.9 The role of the Academic Appeal Committee is to adjudicate on a balance of probability whether the academic decision was applied with fairness and consistency.  To achieve this goal, the Academic Appeal Committee shall review all relevant documentation and hear from the appellant and respondent. 

2.10 Upon hearing the evidence, and reviewing any related documentation, the Chair of the Academic Appeal Committee will render a decision to the student in writing within five (5) working days of the hearing. The outcomes could include: 

• The academic decision is upheld.
• The academic decision is adjusted (i.e. increase or decrease in severity).
• The academic decision is revoked.
• The academic decision is modified (i.e. remediation is assigned, an additional assignment is given, etc.)

Any change in grade must meet the criteria outlined in this policy. 

The decision will be made by majority vote, in camera. For an Academic Appeal Committee meeting to reach quorum, no fewer than three voting members shall be in attendance.  The Academic Appeal Committee decision is final.

A copy of the Outcome Letter will be provided to those individuals involved in the Appeal Meeting (Appeal Panel Members, Appellant, Respondent etc.) as well as the Vice President, Academic, Academic Manager, the Registrar’s (and designate). 

3. Procedural Appeal 

3.1 If the student, the faculty member or the Academic Manager responsible for course delivery believes that the meeting of the Academic Appeal Committee was not conducted in a manner consistent with this policy, they can submit a letter to the Registrar documenting the concerns and requesting a procedural review of the meeting. This request must be made within three (3) working days of receipt of written notification of the Academic Appeal Committee’s decision.

The Registrar (or Designate) will identify an independent college mediator within three (3) working days to determine the merits of the potential challenge and decide if an investigation is warranted based on criteria established in this policy. 

3.2 If the college mediator decides that procedure has been followed, no investigation will follow, the student will be notified of the decision within five (5) working days. The mediator’s decision is final and binding and the College will consider the academic appeal complete according to college policy. 

3.3 If the college mediator decides that procedure may not have been followed, the student will be notified of the decision within five (5) working days. The Vice President, Academic will investigate the conduct of the meeting and complete the investigation within five (5) working days of receipt of the mediators decision.  If no procedural flaws are found, the original decision of the Academic Appeal Committee will be upheld as final and binding and the College will consider the academic appeal complete according to college policy.

3.4 If the investigation reveals procedural flaws with the conduct of the Academic Appeal Panel meeting, the Academic Appeal Panel will be re-established with a different membership and the appeal will be re-examined, according to the procedures outlined in the Level 2 Appeal process. The decision of the re-established Academic Appeal Committee will be final and binding.

Attachment 4 - Grounds for Appeals - Description