18.0 GRADE REVIEW and ACADEMIC APPEAL

It is the intent of the Grade Review and Academic Appeal processes to provide a reasonable, efficient, and effective process to facilitate the resolution of matters affecting a student's academic performance and, where relevant, his or her standing in a program. This process applies all Humber postsecondary programs and University of New Brunswick- Humber Collaborative Nursing program.

A Grade Review or Academic Appeal is deemed to be a request to review an academic decision of Humber as a college, and not a complaint against an individual staff member. The academic decisions dealt with through this procedure are:

decisions on grades;
decisions arising from the methods and criteria used by a professor on assigning a final mark;
decisions based on academic misconduct, including suspension or expulsion;
decisions regarding academic probation and withdrawal or special consideration on the basis of medical, psychological, or compassionate grounds; and
decisions regarding denial of a request for readmission to a program.

Note: where readmission to a program has been denied, the student must be able to present, for consideration, evidence of the ability to perform at an acceptable level in the program in question.

The intent of this policy is to allow the student and the Academic Faculty the opportunity to attempt to resolve the issue through the Faculty-Level Academic Appeal process before proceeding to a College-Level Academic Appeal.

A student who wishes a formal review of any of the decisions outlined above should refer to the following sections of this document.

Grade reviews and academic appeals are distinguished as follows:

Grade Review

This section of the appeal policy governs concerns relating to grades assigned for in-course work such as assignments, clinical placements, final examinations, or a final course grade. All issues involving grades must be dealt directly with the Faculty that delivered the course through the processes outlined in this section. There is no further right of appeal of the grade once the Faculty has completed a Formal Grade Review and made a final decision.

Faculty-Level Academic Appeal

This section of the appeals policy governs appeals of an academic decision regarding probation; academic withdrawal and expulsion; appeals relating to academic misconduct; or a request for special consideration on the basis of medical, psychological, or compassionate grounds. The Faculty-Level Academic Appeal allows the Faculty to review the decision and provide the perspective of the Faculty in writing to the student. If a student is not satisfied with this decision, and certain criteria are met, the student may request a College-Level Academic Appeal. Students must appeal the results of the Faculty-Level decision on one or more of the following grounds:

there is new evidence that is likely to change the outcome;
there is evidence of procedural error or bias in the process; and/or
the sanction imposed is not consistent with the nature of the offense.

For detailed criteria see Section 18.2.a, Filing an Academic Appeal.

College-Level Academic Appeal

Following the completion of the Faculty-Level Academic Appeal, if a major academic decision is not satisfactorily resolved between the student and the Faculty through that process, disputes the decision of the Faculty, the student may file a College-Level Academic Appeal through the Office of the Registrar if the student can demonstrate grounds for an appeal in one of the three (3) aforementioned ways. All appeals must be filed within ten (10) business days following the written decision of a Senior Dean or an official designate regarding a Faculty-Level Academic Appeal.

In the event that the academic decision being appealed is not upheld through the Grade Review or Academic Appeal processes, resolutions may include, but are not limited to, student reinstatement or other corrective actions for the benefit of the student, but may not include the awarding of monetary compensation, the arbitrary awarding of a final mark different from that given by the Faculty, or disciplinary action against any employee of Humber arising out of information presented at an academic appeal.

This policy does not apply to conflicts connected with student employment by Humber (other than required work experience components of a program) or actions covered under Humber's Human Rights Policy and Procedure.

All parties to an appeal shall understand that any postponement and/or delay of an appeal, regardless of the stage, may reduce the range of options available to the student.

Student Appeal Advisor

A student has the right to access a student appeal advisor during the Grade Review and Academic Appeals processes. The function of a student appeal advisor is outlined under the section of this policy titled, “Role of the Student Appeal Advisor.” A student may contact an advisor through the Office of the Registrar.

18.1 Grade Review and Faculty-Level Academic Appeal: Procedure

The terms Grade Review and Faculty-Level Academic Appeal refer to the process that a student must initiate within the Faculty before considering a College-Level Academic Appeal by a College-Level Academic Appeal Panel.

18.1.a Grade Review

Grade Reviews are concerns related to grading of coursework, assignments, clinical placements, examinations, and final course grades. Grade reviews related to grades received in any assessment must be initiated within ten (10) business days after the receipt of the graded work or release of grades.

Preliminary Steps toward Resolution

If a student has questions or concerns regarding a grade on an assignment or test, the student should discuss the matter with the faculty member. The Program Coordinator and/or the Associate Dean may be asked to assist if the faculty member and student are unable to resolve the issue.

Note: If an assignment or test is not normally returned to the student, the Faculty will ensure that the student has the opportunity to review the assignment or test under the supervision of the professor or designate.

Formal Request for a Reassessment of In-Course Work or Final Exam

If a student is not satisfied with the outcome of the preliminary step toward resolution referenced above, a formal request for a Reassessment of the In-Course Grade may be made. This process applies to major assignments or tests worth at least 20% of the final grade and to cases where a student has failed the assignment or believes there is a major discrepancy of at least 10% between the grade they earned and the grade they feel they should have earned.

In such cases, a student may request a reevaluation of the test or assignment by completing a Request for Reassessment of In-Course Work or Final Exam Form and submitting it to the Associate Dean responsible for the course in question. Forms are available from the Office of the Registrar or on the Academic Regulations webpage.

The Associate Dean will arrange for two professors other than the professor teaching the course to individually reevaluate the assignment/exam/paper, based on established criteria as outlined in the assignment. The original grade/marks by the course professor are to be obscured in the photocopy provided for reevaluation.

The average of the two assessors’ grades will be used as the grade. This grade may stay the same or be lower or higher than the original course grade.

The Faculty shall ensure that the reassessment of the grade is to be completed within twelve (12) business days from the submission of the Grade Review unless both parties have mutually agreed to an extension. The assignment of grades is a Faculty-Level decision and a student may not appeal the resulting grade on an individual in-course piece of work except for reasons relating to breach of process in the handling of the Grade Review.

Formal Request for a Review of a Final Course Grade

A student has the right to review a final course grade with the professor. A review of the final course grade may be premised on a miscalculation of the final grade or deviation from the evaluation procedures described in the course outline. If a student is not satisfied with the outcome of the review with the professor and/or Program Coordinator, the student may submit a request in writing to the Associate Dean requesting a further review no later than ten (10) business days after the end of the term or training period within which the course or unit of instruction was offered. The request should be submitted on a Request for Review of a Final Grade Form. Forms are available from the Office of the Registrar or found on the Academic Regulations webpage.

The Associate Dean will provide a written decision within twelve (12) business days of receipt of the request unless both parties have mutually agreed to an extension. A student may not challenge a final course grade on the basis of an individual in-course piece of work that has or has not previously been re-marked.

The assignment of a final course grade is a Faculty-level decision and may not be appealed to a College-Level Academic Appeal Panel except for reasons relating to breach of process in the handling of the Grade Review. In such cases, the College-Level Academic Appeal must be filed within ten (10) business days of the student’s receipt of the decision of the Final Grade Review.

18.1.b Faculty-Level Academic Appeal

Faculty-Level Academic Appeals are concerns regarding an academic decision pertaining to probation, academic withdrawal, expulsion, academic misconduct, or special consideration on the basis of medical, psychological, or compassionate grounds.

If a student has a concern relating to any of the issues identified above, the student shall discuss the matter with the responsible professor who shall provide the student with the reasons for the decision. The Program Coordinator may be asked to assist if the professor and student are unable to resolve the issue.

If a student is not satisfied with the outcome of the discussions, the student may initiate a Faculty-Level Academic Appeal by requesting that the Senior Dean or designate review the concerns. This request must be initiated, in writing, by the student on a Faculty-Level Academic Appeal form no later than ten (10) business days after the end of the term within which the course or unit of instruction was offered. In this request, the student shall provide any and all documentation, (for example, medical notes or letters) which may impact the resolution of the appeal. Forms are available from the Office of the Registrar or found on the Academic Regulations webpage.

The Senior Dean or designate will review the Faculty-Level Academic Appeal and provide a written decision to the student within twelve (12) business days of the receipt of the student’s written request unless both parties have mutually agreed to an extension. It is incumbent upon both parties to make every effort to meet the deadlines.

The Senior Dean or designate is responsible for ensuring that the results and reason(s) of any and all levels of a Faculty-Level Academic Appeal shall be documented and kept on file by the Faculty.

18.2 College-Level Academic Appeal: Procedure

College-Level Academic Appeals normally apply only to academic decisions relating to a Faculty-Level Academic Appeal.

18.2.a Filing a College-Level Academic Appeal

If a major academic decision is not satisfactorily resolved between the student and the Faculty through the Faculty-Level Academic Appeal process, the student may file a College-Level Academic Appeal through the Office of the Registrar. All appeals must be filed within ten (10) business days following the written decision of the Senior Dean or designate regarding a Faculty-Level Academic Appeal.

Decisions relating to a Grade Review cannot be appealed to a College Academic Appeal Panel except for reasons relating to breach of process in the handling of the Grade Review. Students must appeal the results of their decision and demonstrate one or more of the following grounds:

there is new evidence that is likely to change the outcome;
there is evidence of procedural error or bias in the process; and/or
the sanction imposed is not consistent with the nature of the offense.

College-Level Academic Appeals must be filed in writing to the Office of the Registrar on the Application for a College-Level Academic Appeal Hearing Form. The form is available from the Office of the Registrar or found on the Academic Regulations webpage.

Prior to filing a College-Level Academic Appeal, students are encouraged to consult with a student appeal advisor by contacting the Assistant to the Registrar in the Office of the Registrar.

At the time of filing the appeal, a student must:

state the grounds for the appeal and the resolution being sought;
provide a copy of the written decision from the appropriate Dean (or designate) indicating the outcome of the Faculty-Level Academic Appeal or the decision confirming the charge of Academic Misconduct;
include copies of all documentation supporting the reasons for the appeal;
indicate if they will represent themselves at the Appeal Hearing or if they wish to have someone present the argument. If being represented, the student must provide the name and role of the individual who will represent the student;
indicate who, if anyone, will accompany them at the Academic Appeal Hearing (maximum of 2 people); and
indicate the name of the student appeal advisor, or, indicate if they would like Humber to make available a student appeal advisor to assist them in preparing for the Hearing.
Identify any witnesses or other individuals the student feels have knowledge of the situation and who therefore should be at the Appeal Hearing.

Once a formal appeal is filed, the Office of the Registrar shall:

schedule the appeal date and time; and
distribute the application and the supporting documentation according to the appropriate timelines.

The Faculty will, within a maximum of seven (7) business days of the time the Appeal was filed, provide the following to the Office of the Registrar:

a written response to the student’s issue;
all documentation to be presented at the College-Level Academic Appeal Hearing; and
the name of the individual(s) who will be representing the Faculty at the hearing, and the name(s) of any witnesses the Faculty will be calling. The professor directly involved in the academic decision being appealed is expected to appear. In the event that the professor is unable to attend the Academic Appeal Hearing, a signed statement, which explains the involvement in the situation and the reasons for the absence, shall be provided to the Office of the Registrar.

Upon receipt of the response from the Faculty, the Office of the Registrar shall distribute the complete package of documentation along with the names of all participants to the student, the Academic Appeal Panel and the Faculty. The student shall have a minimum of five (5) business days to review the Faculty's submission prior to the Academic Appeal Hearing.

Extension(s) to the above time frames may be granted if extenuating circumstances can be shown. Requests for extension(s) from the student and/or from the Faculty shall be made in writing through the Office of the Registrar to the Chair of the Academic Appeal Panel. The Chair shall respond to the request through the Office of the Registrar.

No new documentation from either the student or the Faculty may be submitted on the day of the scheduled hearing, unless otherwise directed by the Chair of the Academic Appeal Panel, following consultation with the Panel members.

18.2.b Role of the Office of the Registrar

The Office of the Registrar shall be responsible for coordinating all of the activities associated with an Academic Appeal, including but not necessarily limited to:

coordinating the Academic Appeal Hearing according to the Academic Regulations and distributing all documentation;
scheduling the Academic Appeal Hearing and notifying the participants;
distributing the decision; and
secure storage of appeal documentation for a period of seven (7) years.

18.2.c Role of the Student Appeal Advisor

A student appeal advisor shall be made available to advise the student throughout the process and during the Academic Appeal Hearing. A student may contact an advisor by contacting the Office of the Registrar.

At the request of the student and with their express written permission, the advisor may, on behalf of the student, communicate with the Faculty prior to the scheduled hearing. An advisor will provide guidance or advice but will not represent the student or the Faculty at the Academic Appeal Hearing. An advisor may, with the student’s permission, accompany the student to meeting(s) with Faculty personnel and/or the Academic Appeal Hearing.

Confidential information may at times be shared by the Faculty and/or student with the advisor. The advisor shall respect this confidentiality at all times. It is understood that at no time during either the Grade Review or Academic Appeal stages will the advisor compromise Humber’s academic standards/regulations.

It is assumed that the student will disclose all relevant information to the advisor and that the student shall prepare and present all relevant material to the Academic Appeal Panel. The advisor shall listen to ensure all material is presented fully and fairly.

If the student discloses to the advisor any issues, which, in the advisor’s opinion seem discriminatory or harassing in nature, the advisor is obligated to inform the student of Humber’s Human Rights policy and related procedures.

Should the student elect a representative to present the case at the Appeal Hearing, the student appeal advisor’s role in the preparation for the Appeal shall cease. The representative named by the student may request information regarding college policies and the appeal procedures by contacting the Office of the Registrar.

18.2.d Composition of the Appeal Panel

Humber shall ensure that an Academic Appeal Panel is comprised of five (5) individuals (including the Chair of the Appeal Panel) selected from Faculties other than the Faculty in which the student is registered, and the Faculty in which the academic decision being appealed originated, if the two are different.

Humber will designate a cross section of full-time administrators, faculty members, and students to serve on Academic Appeal Panels. Humber provides an orientation to the Panel members to ensure the Academic Appeal Policy and corresponding procedures are correctly administered.

Academic administrators and faculty volunteers shall serve for a three (3) year period. Approved student volunteers shall serve for a period of three (3) years provided they maintain status as a student or have graduated from a program within the last 6 months. Each Academic Appeal Panel will include at least one (1) student and one (1) faculty member.

To ensure consistency of process, each Academic Appeal Panel shall be chaired by the standing Chair(s) designated by Humber.

When a student in a degree program files an academic appeal, the Academic Appeal Panel shall be comprised of individuals actively involved in that level of study.

If deemed relevant by the Academic Appeal Panel, the Chair may invite participation from a relevant professional regulatory body or professional association where the Panel recommends that such participation would provide information required to render an informed and fair decision. Such participation will be disclosed to the appellant prior to the Appeal Hearing.

18.2.e Dismissal of an Academic Appeal

An Academic Appeal may be dismissed if the student has previously submitted the same, or substantially the same complaint to any other formal College grievance procedure; if the appeal is not timely; if the student has improperly omitted a prior step(s) of the Faculty-Level Academic Appeal process (see Section 18.1.a and Section 18.1.b); or the student has commenced civil or other litigation against Humber on the decision in question.

If the Registrar feels any of these circumstances exist, the Registrar will refer the student’s written Application for a College-Level Academic Appeal and the student’s accompanying written documentation to the Chair of the Academic Appeal Panel for review. If the Chair agrees that the Appeal is beyond the normal timelines or does not conform to the appeal policy, the Chair may dismiss the appeal and provide the reasons for the dismissal to the student in writing.

A student may withdraw his or her request for an Academic Appeal prior to the scheduled hearing date.

18.3 Academic Appeal Hearing Protocol

The student has the right to representation throughout the various stages of the Academic Appeal procedure, as does Humber. The student shall advise Humber of their intent to retain a representative at the time an Academic Appeal is filed. Regardless of the outcome of any Academic Appeal Hearing, any costs incurred by the student as a result of being represented are the sole responsibility of the student. In the event the student retains legal representation, Humber has the option to do the same, at its own expense. Those representing the student and/or Humber shall be allowed to present their client’s case, and may direct questions for clarification through the Chair, once the person providing the information has completed his or her formal presentation.

A student may request a maximum of two people, including the student appeal advisor to accompany them at the Academic Appeal Hearing. A student must indicate if anyone will accompany them at the time an Academic Appeal is filed.

The Faculty will be represented by the Dean and/or the Senior Dean and the Professor directly involved.

Prior to the Academic Appeal Hearing, the Chair of the Appeal Panel will direct the Office of the Registrar to confirm the participants at the hearing with the Academic Appeal Panel, the student and the Faculty.

An Academic Appeal Panel member having any prior knowledge of the student or of the nature and circumstances of the appeal must withdraw from the Panel.

Academic Appeal Hearings shall be conducted in private.

Recording devices are not permitted during an Academic Appeal Hearing.

All information presented and/or discussed at an Academic Appeal Hearing is deemed confidential and the Chair of the Panel will advise participants of their responsibility to maintain the confidentiality of the proceeding.

Once an Academic Appeal Hearing is in session, all participants must remain until all information has been heard and the meeting formally adjourned and/or concluded. A student may request a private caucus prior to make their closing remarks. If requested, all participants will be asked to exit the appeal hearing room for the length of time noted by the Chair.

Witnesses called by either the student or the Faculty shall be dismissed by the Chair of the Academic Appeal Panel once they have presented their information and have been questioned by the other party to the Appeal, and by the Academic Appeal Panel.

The decision of an Academic Appeal Panel shall be by majority vote and is final and binding on all parties. The student and/or Faculty are precluded from seeking subsequent review of the appeal decision under any office, or in accordance with any policy or procedure within Humber.

One copy of all materials presented at an Academic Appeal Hearing shall be kept on file until graduation or seven (7) years from the last date of registration. This material shall be held in the Office of the Registrar.

If two (2) or more formal appeals are submitted at the same time which involve the same or similar questions, the Chair may:

combine the appeals or any part of them, with the consent of the parties;
hear the appeals at the same time, with the consent of the parties;
hear the appeals one immediately after the other;

In the event of an Academic Appeal from a group of students, two (2) students, with the written permission of the other members of the group, shall represent the interests of the group at the Academic Appeal Hearing. The decision rendered by the Academic Appeal Panel in a group appeal shall be considered binding on all members of the group identified as students in the appeal.

The format for the Academic Appeal Hearing shall be as follows:

The Chair shall introduce the members of the Academic Appeal Panel and review the format of the meeting and any rules of process that are appropriate. All procedural questions shall be directed to the Chair of the Academic Appeal Panel, and are subject to the final decision of the Chair.
The Chair shall ask each participant to confirm that they are willing to maintain the confidentiality of the information presented at the proceeding.
The Chair shall ensure that sufficient time is provided to cover all points that are relevant to the appeal.
The Chair shall ensure that all documentation tabled was submitted prior to the Academic Appeal Hearing and was received by all participants within the allotted time period unless otherwise ordered.
The Office of the Registrar shall provide a certified copy of the student’s full academic record if it is requested by either the student and/or the Faculty for their submission and is deemed by the Academic Appeal Panel as being relevant to the appeal being heard.
The Faculty named in an Academic Appeal shall provide a copy of the outline(s) for the course(s) and all course materials cited in the appeal along with a copy of the appropriate curriculum in the event the course is part of a program.
The student (or the student’s representative) is required to clearly state the nature of the appeal, present the case referring to any relevant documentation previously submitted, and state the resolution being sought.
The Faculty (or its representative) shall state its position and speak to any relevant documentation.
The student (or the student’s representative) and the Faculty (or its representative) shall have the opportunity to question persons providing information through the Chair once the person providing the information has completed their formal statement.
Members of the Academic Appeal Panel may raise questions through the Chair at any time to ensure that all points are clearly understood and are relevant to the Appeal.
Based on the information provided, the Faculty and the student shall be provided with an opportunity to summarize their position. The student will have the opportunity to speak last.
After confirming that both parties have presented all relevant information and the student has had the final opportunity to speak, the meeting shall adjourn and the Academic Appeal Panel shall caucus privately and in confidence to reach a decision. The decision shall be determined by majority vote of the Panel.
If an Academic Appeal Panel upholds the decision, the action of the Faculty stands and is written as such.
If the Academic Appeal Panel does not uphold the decision, the Panel may award resolutions such as:
1. directing the Facutly to administer and/or accommodate the student with respect to a new final examination, assignment or paper in the course; or
2. directing the Faculty to reinstate the student to the program status they were prior to the academic decision being appealed.

Note: The Panel has no authority to provide any monetary award, to impose an actual mark, or to reprimand or take disciplinary action against any individual as a result of information presented at an appeal.

The decision and reasons of an Academic Appeal Panel shall be forwarded in writing to the student and the Faculty within ten (10) business days of the Academic Appeal Hearing.
In the event that an Academic Appeal Panel finds in favour of the student, the Faculty cited in the appeal shall be responsible for implementing the decision of the Panel and for ensuring the student’s academic record is corrected if necessary.
In the event that an Academic Appeal Panel upholds the academic decision of the Faculty, other than a College-initiated withdrawal/expulsion, the decision is not made part of a student’s permanent academic record, but shall become part of a student’s confidential record. Upon graduation, a student’s confidential record is expunged. Should a student not graduate, a student’s confidential record is expunged five (5) years after the disposition of an appeal.

Humber Admission Requirements and Academic Regulations

Humber Academic Regulations

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