Rules of Procedure for the Non-Academic Misconduct Appeal Panel

Approval: Senior Leadership Team
Responsibility: Provost and Vice-Principal (Academic)
Date Initially Approved: February 2, 2021
Date Last Revised: January 30, 2024

Table of Contents

1. Introduction
2. Scope
3. Definitions
4. Grounds for Appeal
5. NAM Appeal Panel
6. Conflict of Interest
7. Submitting an Appeal
8. Provisions Pending an Outcome to an Appeal
9. NAM Appeal Proceeding
10. Procedure for Appeal Proceeding
11. Informal Resolution of a NAM Appeal
12. Decisions of NAM Appeal Panel
13. No Reimbursement
14. Related Policies, Procedures, and Resources

Appendix A: Notice of Appeal Form
Appendix B: Timeline and Requirements for NAM Appeal Proceedings
Appendix C: Timeline and Requirements for Expedited Appeals of Immediate Sanctions

1. Introduction

The purpose of these Procedures is to provide the rules for Non-Academic Misconduct Appeals (NAM Appeals).

NAM Appeals are restricted to relatively narrow grounds, recognizing that decisions should be generally made by those who are most familiar with the context. NAM Appeals are an important part of the Non-Academic Misconduct (NAM) system to establish a fair, efficient process for addressing student appeals from a NAM decision.

NAM decision-makers will familiarize themselves with these Procedures in order to advise students of their rights and responsibilities as they relate to the appeal process, including the right to appeal a decision and to seek independent support or legal advice.

For additional information on matters that cannot be appealed through these Procedures, please review the internal appeal procedures for the applicable NAM unit (e.g. Athletics & Recreation, Residence).

2. Scope

These Procedures provide the rules that apply to the appeal of the following decisions:

1. a NAM decision under the Student Code of Conduct;
2. a NAM decision that imposes the sanction of Removal from Residence; and/or
3. a NAM decision that imposes the sanction of athletic suspension and/or removal from athletic sport, team, club, or program.

These Procedures do not apply to decisions made under the Policy on Sexual Misconduct and Sexual Violence Involving Queen’s University Students.

These Procedures do not apply to decisions within the scope of the Student Academic Appeals Policy. Academic consequences arising from decisions about NAM do not bring a NAM matter within the scope of the Student Academic Appeals Policy. For clarity, there shall be no appeal to the University Student Appeal Board (USAB) or any other person or body from the decision of a NAM Appeal Panel.

3. Definitions

1. Advisor: is a more formal type of Support Person, such as a legal counsel. Students who are facing serious incidents of NAM may wish to consider obtaining advice from legal counsel or another legal advisor of their choosing, at their own expense. Even where a student has retained the assistance of an Advisor, the Chair retains the right to address the student directly. A student’s Advisor is ordinarily not permitted to answer questions on the student’s behalf in a NAM Appeal Proceeding.
2. Appellant: The Appellant is the student who is seeking to appeal a decision that is within the scope of these Procedures.
3. Chair: The Chair of the NAM Appeal Panel is a senior administrator who, due to the nature of their position, has expertise, knowledge, and responsibility for student safety and/or wellbeing.
4. Immediate Sanctions: Immediate Sanctions are the most serious sanctions imposed on students following a NAM decision and are intended to go into effect immediately, or as soon as practicable in the circumstances, in order to ensure the safety of the campus community. Immediate Sanctions include, but are not limited to, Removal from Residence, athletic suspension, removal from athletic sport, team, club, or program, and/or a specific or campus-wide Notice of Prohibition.
5. Interim Measures: Interim Measures are conditions and/or restrictions imposed on a student alleged of misconduct prior to a NAM decision. Interim Measures are implemented to support a safe campus environment and to maintain the integrity of the investigation. Examples of Interim Measures can include Residence Relocation, athletic suspension, No Contact requirements, and/or Notice of Prohibition. For clarity, Interim Measures are not sanctions.
6. NAM Appeal Panel: The NAM Appeal Panel is the final internal decision-making body for NAM appeals and will typically consist of the Chair, alone. Where provided for within these Procedures, a Three Person Panel (including at least one student) may be selected from a roster maintained by NAMIO.
7. Non-Academic Misconduct Intake Office (NAMIO): is the University office that receives and refers reports of Student NAM and manages the intake and administrative processes associated with NAM Appeals.
8. Respondent (to an Appeal): is normally the University Representative or delegate of the decision-making body or decision-maker who had initial responsibility for making the decision or commencing the proceeding that resulted in the decision under appeal.
9. Support Person: an individual whose role is to provide emotional support and assistance to the student in understanding the information being provided with respect to the NAM processes.
   1. An Appellant may select a Support Person of their choosing provided that person has not previously been involved in any decision-making relevant to the appeal and was not a witness to or involved in the original incident or investigation. A person who attends a NAM Appeal Proceeding as a Support Person cannot provide information or be a witness.
   2. When a Support Person accompanies a student, they generally do not have a speaking role and are not present to advocate, represent, or speak on behalf of, the student.
   3. The University Ombudsperson cannot fulfill the role of a Support Person but is available to students to provide information and/or clarity about any University policy or procedures.
10. University Representative: The University Representative is the individual assigned to respond to the appeal. Typically, this person is a representative from the Student Conduct Office, Residence, Athletics & Recreation, or Authorized Agent.

4. Grounds for Appeal

1. A NAM decision may only be appealed in cases where there has been a breach of procedural fairness or where the decision-maker acted without authority or exceeded their jurisdiction. A breach of procedural fairness includes the following:
2. 1. The decision-maker was biased or had a conflict of interest that prejudiced the student;
   2. The decision-maker misapplied and/or failed to follow applicable rules, regulations, or university policy in a way that prejudiced the student’s right to a fair process; and/or
   3. The decision was unreasonable. A “reasonable” decision is one that is rational, in that its findings (i.e. determination of responsibility) are based on evidence before the decision-maker, it is thought-out and supported by the facts and logical inferences from those findings of fact. To be reasonable, the decision must contain adequate reasons for the conclusions. A decision should be upheld if it falls within a range of possible and acceptable outcomes, in which case the Appeal Panel is not permitted to substitute its opinion for that of the decision-maker whose decision is under appeal.

5. NAM Appeal Panel

1. Roster: NAMIO will compile a roster of individuals to serve on the NAM Appeal Panel and will ensure compliance with any requirements related to eligibility, training, and good standing. The process will include advertising the role through various mediums at the university.
2. Eligibility: Appointment to a roster for the NAM Appeal Panel is at the university’s discretion but students appointed must minimally be in good standing within the NAM system and in good academic standing (a cumulative GPA of 1.6 or above).
3. The university can remove individuals from the roster for any cause that would bring the credibility or the fair administration of the appeal process into question. The decision to remove an individual from the roster is final and not subject to any appeal.
4. Chair: Typically, the Chair of the NAM Appeal Panel will be a senior administrator. NAMIO will appoint the Chair. For cases involving a Requirement to Withdraw, the Provost and Vice-Principal (Academic) or their delegate will act as Chair.
5. If a Three Person Panel is convened, NAM Appeal Panel members will be appointed by NAMIO which will take into consideration the availability of individuals, subject matter expertise, experience, and the need to avoid bias or conflict of interest.
6. Training: Regular training will be provided to members of the NAM Appeal roster and will be coordinated by NAMIO and the Office of the Vice-Provost and Dean of Student Affairs.
7. NAM Appeal Panel members must not engage in any unilateral communications with a party to an appeal. All communication to the Panel by a party must be directed to the Chair and must at the same time be copied to the other party. The Chair will respond in writing to both parties.
8. The Chair of the NAM Appeal Panel may make procedural decisions concerning the conduct of an appeal. The Chair, on behalf of the NAM Appeal Panel, has the discretion to modify these Procedures in order to maintain procedural fairness and is the final decision-maker on any related process or procedural requests. The Chair may also make procedural rulings on matters that arise but are not covered by these Procedures. The Chair may consult with University legal counsel as appropriate.

6. Conflict of Interest

1. A NAM Appeal Panel member who feels they have a conflict of interest at any point during an appeal must advise NAMIO immediately so that an alternate panel member can be appointed.
2. An Appellant who believes a member of the NAM Appeal Panel has a conflict of interest must advise NAMIO no less than five (5) business days prior to the appeal hearing date. NAMIO may consult with University legal counsel to determine the appropriate course of action.

7. Submitting an Appeal

1. A student who wishes to appeal a NAM decision under the scope and jurisdiction of the NAM Appeal Panel must submit a Notice of Appeal and all supporting documentation to NAMIO by email at centralnam.office@queensu.ca.
2. Notice of Appeal: The Notice of Appeal must indicate the grounds under which the appeal is being submitted and the remedy sought. Grounds for the appeal are limited to those grounds outlined in Section 4 of these Procedures.
3. Deadline to Submit Appeal: In circumstances where an Immediate Sanction is imposed in the original decision, the deadline for submitting a Notice of Appeal is three (3) business days after the decision was issued (Expedited Appeal). In all other circumstances, the deadline for submitting a Notice of Appeal is ten (10) business days after the decision was issued. The Notice of Appeal and any supporting documentation must be submitted by 4:30pm on the date of the appeal filing deadline. The prior decision maker must communicate the deadline in their decision letter.
4. Chair Only Appeals: Appeals will normally be heard by the Chair alone. All Expedited Appeals will be heard by the Chair alone.
5. Three Person Panel Appeals: In circumstances where an Immediate Sanction is not imposed in the original decision, a student making an appeal may request that the appeal be heard by a Three Person Panel instead of a Chair alone. In that case, the Panel will consist of a Chair and two other members (including at least one student).
6. Appeal Deadline Extension Requests: Appeals received after the appeal deadline will not normally be processed. Should there be extenuating circumstances beyond the student’s control that prevented an appeal from being submitted within the deadline, the student may submit a request for an extension to the Chair through NAMIO, with a copy to the other party to the appeal (the Respondent). The Respondent to the appeal shall have the option to submit a reply to the Chair within a timeline determined by the Chair. The decision to approve an extension request is at the discretion of the Chair and is not appealable. The Chair will communicate their decision to both parties.
7. New Information: If a student’s appeal contains new information about something they claim may have affected the NAM decision, through no fault, delay or omission of the student and was not known or was not available to the student at the time the prior decision was made, NAMIO may stay the appeal and forward any new information to the prior decision-maker for reconsideration. NAMIO will receive a written decision on the reconsideration before further processing the appeal.
8. NAMIO may stay the processing of an appeal if the submission is incomplete or untimely.
   1. If the Notice of the Appeal is incomplete, NAMIO will notify the Appellant and shall include the reasons for staying the processing of appeal and, if appropriate, the requirements for continuing with the appeal process by a stated deadline.
9. Upon Receipt of an Appeal:
   1. NAMIO will determine an appropriate Chair and, where applicable, the remaining members from the roster as outlined in Section 5 of these Procedures.
   2. NAMIO will provide a copy of the appeal and all submitted documentation to the Respondent to the appeal. This will typically be sent through the case management system or to the recipient’s Queen’s email address with password protected attachment(s).
   3. In the case of an Expedited Appeal, NAMIO will forward the appeal submission to the Chair and the Chair will determine if the Immediate Sanction(s) will be suspended pending the appeal outcome.
   4. Appeals may be heard through written submissions at the discretion of the Chair.
   5. Expedited Appeal hearings will typically be convened within three (3) business days after the Chair is appointed.
10. Respondent Reply Deadline: In the case of an Expedited Appeal, NAMIO will advise the Respondent of the requested reply deadline, which is typically two (2) business days after the date the appeal information was forwarded. In all other appeals, NAMIO will advise the Respondent that they will have no less than ten (10) business days after the date the appeal information was forwarded to submit a reply to NAMIO.
    1. If the Respondent does not wish to submit a reply, they should notify NAMIO at their earliest opportunity so that the appeal may proceed.
    2. If a reply is not received by the stated deadline, the appeal process may proceed at the discretion of the Chair.
    3. The Respondent may submit a request for an extension in filing their response to NAMIO, with a copy to the other party to the appeal. The decision to approve an extension request is at the discretion of the Chair and is not appealable. The Chair will communicate their decision to both parties.
11. Pre-Proceeding Materials: NAMIO will provide a copy of the Notice of Appeal, the Respondent’s reply submission (if applicable), and any supporting documentation submitted by the parties to the NAM Appeal Panel via Queen’s email and password protected attachment(s) or through another approved secure system.
    1. In the case of an Expedited Appeal, the Pre-Proceeding Materials are typically provided at least one (1) business day prior to the date of the appeal proceeding.
    2. In all other appeals, the Pre-Proceeding Materials will be provided no less than five (5) business days prior to the date of the appeal proceeding.
    3. Further materials may be requested by the Chair and shared as appropriate.

8. Provisions Pending an Outcome to an Appeal

1. Interim Measures: Interim Measures continue during the appeal period unless the decision being appealed indicates otherwise. The Respondent may request that the Chair impose additional Interim Measures pending the appeal outcome, should circumstances warrant such a request.
2. Effective Date of Sanctions: Except in the case where an Immediate Sanction(s) has been imposed, sanctions will not normally be put into effect until the student has exhausted their appeal option(s), or the appeal deadline has expired without an appeal being filed. NAMIO will advise the decision-maker when the time for filing an appeal has expired.
3. Immediate Sanctions: Pending a decision on the appeal of Immediate Sanction(s), the Immediate Sanction(s) will apply, unless otherwise determined by the Chair.

9. NAM Appeal Proceeding

1. Purpose: The purpose of the Appeal Proceeding is to enable the NAM Appeal Panel to understand the grounds for the appeal, to seek clarification from the parties, and to decide whether to uphold the decision and/or any outcomes or sanctions.
2. Format & Structure: The NAM Appeal Panel may elect to consider an appeal on the basis of written materials only, where appropriate for the circumstances (e.g. when requested by a party, restrictions with schedules, etc.). However, the Appellant may elect an oral Appeal Proceeding or the NAM Appeal Panel may exercise discretion to convene an oral Appeal Proceeding with the parties even where a written proceeding has been requested.
3. Notice of Appeal Proceeding: NAMIO, on behalf of the NAM Appeal Panel, shall give the parties reasonable notice of the Appeal Proceeding. A Notice of Appeal Proceeding will include:
   1. The date, time, location or login instructions (if required);
   2. A statement that, if the party notified does not attend the proceeding, the NAM Appeal Panel may proceed in the party’s absence and the party will not be entitled to receive any further notifications about the Proceeding and will have no further right to appeal; and,
   3. Unless otherwise determined by the Chair, the parties will be informed the appeal proceeding is private (i.e. closed) and only the parties and their Advisors (including legal counsel) and/or Support Person may attend.

10. Procedure for Appeal Proceeding

1. The Chair controls how the proceeding will be conducted, but ordinarily will follow the below procedure:

1. The Chair will make opening remarks and comments.
2. The Appellant will give a statement to set out their position based on the grounds for their appeal, including their position on any finding or sanctions in the original decision.
3. The Respondent will give a statement to set out their position based on the grounds for the appeal, including their position on any finding or sanctions in the original decision.
4. The NAM Appeal Panel may pose questions to the Respondent and the Appellant.
5. Closing remarks from the Chair.

11. Informal Resolution of a NAM Appeal

1. At any stage after an appeal has been submitted, the parties may engage in discussions (outside of the formal appeal proceeding) for the purpose of resolving the appeal.
2. An appeal may only be informally resolved with the agreement of all parties.
3. At no point shall informal resolution discussions unreasonably delay an appeal proceeding.
4. The Chair will have final discretion on when a formal appeal proceeding will commence if informal discussions have not resulted in a resolution by agreement.
5. If the parties come to a resolution by agreement, the Chair shall dismiss the appeal and issue a written decision referencing that fact that the parties reached a resolution.

12. Decisions of the NAM Appeal Panel

1. The NAM Appeal Panel is the final body for NAM appeals at the university.
2. Timeline for Decision: In the case of an Expedited Appeal, the Chair will normally issue a written decision, with reasons, to the Appellant and the Respondent within three (3) business days after the proceeding is concluded. In all other appeals, the decision will normally be issued within seven (7) business days after the proceeding is concluded. If these dates cannot be met, the Chair shall update the parties as to when a decision is expected.
3. Outcomes: The NAM Appeal Panel may deny the appeal and uphold the prior decision, or they may allow the appeal in whole or in part.
4. Sanctions: If the student has appealed the sanction(s), and the NAM Appeal Panel determines it is appropriate to alter the original sanction(s) imposed, they must do so based on the principles of ”reasonableness” discussed in Section 4 of these Procedures and can only do so after giving both parties an opportunity to comment on the proposed alternate sanction(s). Sanctions will be put into effect with the assistance of the original NAM decision-maker where appropriate.
   1. If the original sanctions are modified by the NAM Appeal Panel, the NAM Appeal Panel will refer to the Student Code of Conduct, Residence Contract, and Athletics & Recreation Non-Academic Misconduct Policy to determine alternate available sanction(s). If the NAM Appeal Panel needs clarification on a proposed alternate sanction(s) the Chair may seek clarification from the appropriate NAM Unit.

13. No Reimbursement

1. There shall be no fee for filing a NAM Appeal.
2. Neither the NAM Appeal Panel nor any other NAM decision-maker in the University has the power to direct that a student receive compensation for any costs or expenses incurred in the course of any NAM proceeding.
3. The NAM Appeal Panel may order restitution only for lost or damaged university property as a result of any NAM matter (e.g. theft of university property, damage to university property). The NAM Appeal Panel may not order restitution for loss or damage suffered by any other person or entity.
4. Notwithstanding 13(b), the NAM Appeal Panel may order that a student receive reimbursement for loss of a Queen’s University bursary, scholarship, or similar funds because of a decision that was reversed on appeal. This remedy is available only if the student remains a student following the issuance of the NAM Appeal Panel’s decision, or if the student graduated while their appeal was pending.

14. Related Policies, Procedures, and Resources

1. Student Code of Conduct

   1. Procedures Under the Queen’s University Student Code of Conduct

2. Residence Contract

3. Athletics & Recreation Non-Academic Misconduct Policy

   1. Athletics & Recreation Appeal Policy and Procedure

4. Policy on Sexual Misconduct and Sexual Violence Involving Queen’s University Students

5. Harassment and Discrimination Prevention and Response Policy

6. AMS Non-Academic Misconduct Policy and Procedures

7. NAMIO website

8. Student Conduct Office website

9. Residence Conduct website

10. Office of the University Ombudsperson website

11. Queen’s Legal Aid website

12. Student Wellness Services