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4.39 Students may appeal a decision made pursuant to this policy in writing within five (5) working days of receiving a decision. The appeal must contain a copy of the decision, a full statement of grounds for appeal, the outcome sought and any supporting documentation.

4.40 The grounds for appeal are one or more of the following:

• relevant evidence that emerges which was not available at the time of the original decision; or
• there was clear evidence of bias in the Hearing or original decision; or
• the non-academic misconduct procedures were not followed and the outcome of the case might have been substantially affected by this failure; or
• the severity of the sanction imposed exceeds the nature of the violation for reasons identified by the appellant.

Note: Dissatisfaction with the sanction imposed does not constitute grounds for an appeal.

4.41 The appeal hearing officer or Appeal Board determines whether grounds for appeal will be accepted. If grounds for appeal are accepted, appeals shall be heard as follows:

a) An official/designate within a department who serves as a Hearing officer under this policy may have his/her decision appealed to the Associate Vice-Provost (Student Success and Learning Support Services).

b) The Associate Vice-Provost (Student Success and Learning Support Services) may have his/her decision appealed to the Vice-Provost (Students) or to the Appeal Board. The Student may choose his/her appeal body.

4.42 The body considering the appeal may, after reviewing the case:

a) Uphold the finding and/or sanction(s).

b) Reverse the decision.

c) Reverse only the sanction(s) and/or modify sanction(s), including increasing severity of initial sanction(s) assigned.

d) Determine a procedural error occurred and request that the original Hearing officer re-hear the case.

4.43 The decision will be relayed to the Student in writing within five (5) working days of the Hearing, unless the decision can be made at the time of the Hearing.

4.44 The decision of the appeal Hearing officer or Appeal Board is final, subject to a Student’s right to appeal to the Student Discipline Appeal Committee of the Board of Governors. Note that only the sanctions of suspension, expulsion or monetary fine may be appealed to the Student Discipline Appeal Committee of the Board of Governors as set out in the Post Secondary Learning Act.

4.45 Timeframes indicated in 2 and 6 above are subject to extension only as the result of exceptional circumstances, such as absence from the office.

4.46 In addition to dealing with non-academic misconduct, the University has a right and responsibility to address the conduct of a Student-at-Risk in order to protect that Student and/or members of the University community from any threat posed by their conduct. The University will always seek to balance the rights of the Student-at-Risk with the rights of members of the University community when governing the conduct of a Student-at-Risk.

4.47 Addressing the conduct of a Student-at-Risk can pose unique challenges to the University wherein that Student has a disability or diagnosis that is contributing to the "at-risk" behaviour. The University acknowledges that it has a duty to accommodate a Student with a disability, in accordance with provincial law and University policy. Accommodation of Students with disabilities should be made in accordance with the following principles: respect for dignity, individualized accommodation, inclusion and full participation. The Student has a corresponding responsibility to make full disclosure of his/her disability and to cooperate with the University in making appropriate accommodation for him/her, including advising University officials of the need for accommodation, cooperating with University officials in the accommodation process, and providing medical or other requested information relating to the disability and the required accommodation.

4.48 The following procedures may be invoked in addition to, or as an alternative to managing Student behaviour and conduct under the non-academic misconduct process.

4.49 The Students-at-Risk Evaluation Team will be used to provide a coordinated response and support to the Student-at-Risk. Protocol for dealing with Students-at-Risk may differ depending on the level of threat posed by the Student-at-Risk, and is described in the Process and Procedures for Responding to Students-at-Risk, as set out below.

4.50 Observance of behaviour that suggests a Student is at risk should be reported to the Director of University Security. This report, along with any prior reports related to the Student and his/her conduct, will then be forwarded to the Associate Vice-Provost (Student Success and Learning Support Services).

4.51 Normally, within three (3) working days of receiving a report of a Student-at-Risk, the Associate Vice-Provost (Student Success and Learning Support Services) will call a meeting of the Students-at-Risk Evaluation Team to review the report and to make a determination of the level of risk.

4.52 In extenuating circumstances, an intervention, including but not limited to ensuring the Student-at-Risk receives immediate counseling or medical attention will be arranged prior to calling a meeting of the Students-at-Risk Evaluation Team.

4.53 Response to the situation is normally based on the level of threat, as outlined below.

4.54 Level 1 threat means that there is no clear, immediate threat at present and no known occurrence of misconduct, but the conduct of the Student-at-Risk creates a reasonable fear/concern that a threat may exist in the future and misconduct may occur.

4.55 If the committee determines that a Student’s behaviour is assessed as a Level 1 threat, the Associate Vice-Provost (Student Success and Learning Support Services) will arrange a meeting with the Student within five (5) working days. Possible outcomes for Level 1 threat behaviour include but are not limited to: an offer of appropriate support and/or referral, and/or campus behavioural contract, and/or imposed limits on presence on campus.

4.56 Level 2 threat means that there is no clear, immediate threat at present but misconduct has occurred and the conduct of the Student-at-Risk creates a reasonable fear/concern that a threat continues to exist and further misconduct is likely to occur.

4.57 If the committee determines that a Student's behaviour is assessed as a Level 2 threat, the Associate Vice-Provost (Student Success and Learning Support Services) will arrange a meeting with the Student as soon as possible, but in any case, within five (5) working days. The Students-at-Risk Evaluation Team will determine on a case-by-case basis if the Student should appear before the entire Evaluation Team for this meeting, or if a meeting with the Associate Vice-Provost (Student Success and Learning Support Services) will suffice. Possible outcomes for Level 2 threat behaviour include but are not limited to: those outlined under Level 1 and/or referral of the case through the non-academic discipline process in accordance with this policy.

4.58 Level 3 threat means that there is a clear, immediate threat at present, which triggers the University's duty to warn and to take action to protect the Student-at-Risk and/or others.

4.59 If the committee determines that a Student’s behaviour is assessed as a Level 3 threat, the committee will first determine whether interim conditions and measures are required to address any immediate threat, including temporary trespass and suspension. The Associate Vice-Provost (Student Success and Learning Support Services) will arrange a meeting with the Student and the Students-at-Risk Evaluation Team within three (3) working days. Assessment of a Level 3 threat may trigger the University's duty to warn and to take action to protect the Student-at-Risk and/or others. The University reserves the right to share information regarding the Student-at-Risk in order to address the immediate threat and the Student's behaviour. Possible outcomes for Level 3 threat behaviour include but are not limited to: those outlined under Levels 1 and 2, and/or involuntary leave or withdrawal from the University.

4.60 Note that in certain circumstances, the ability to define the level of threat may be beyond the expertise of the Students-at-Risk Evaluation Team, or of the professional staff at the SU Wellness Centre. In this instance the Student may be required to undergo assessment with specialists independent of the University. The Associate Vice-Provost (Student Success and Learning Support Services) may impose a sanction of temporary trespass and suspension until such evaluation is completed.

4.61 The Director of Campus Security, the University President or the Associate Vice-Provost (Student Success and Learning Support Services) may authorize a temporary suspension of a Student-at-Risk until a meeting can be arranged if they believe there is a risk of harm to self or others.

4.62 Involuntary leave is defined as involuntary physical removal from campus for a period of time specified by the Associate Vice-Provost (Student Success and Learning Support Services) or the Students-at-Risk Evaluation Team. Involuntary withdrawal includes involuntary physical removal from campus and academic withdrawal from the University. Involuntary withdrawal requires consultation with University Legal Services and approval from the University President. Involuntary withdrawal may last for one academic term or longer. Involuntary leave or withdrawal is not pursued as a punitive step, but may coincide with sanctions for Student misconduct.

4.63 For those cases that are deemed a level one or two threat, decision notification will follow procedural timelines outlined in this policy.

4.64 If a Student is placed on involuntary leave or withdrawal, he/she shall be notified of that decision by the Associate Vice-Provost (Student Success and Learning Support Services), together with the terms and conditions associated with the involuntary leave or withdrawal. A copy of the letter will be included in the Student's conduct record in the Office of the Associate Vice-Provost (Student Success and Learning Support Services). The Director of any University department with an interest in the decision will also be copied on the letter (as deemed necessary and appropriate). Where involuntary withdrawal is invoked, the Student-at-Risk will be prevented from re-enrollment for the duration of the involuntary withdrawal. In some cases, if the Student-at-Risk is receiving medical or psychological care from a member of the SU Wellness Centre, arrangements will be made to continue treatment for a defined period of time. Upon notification of involuntary leave or withdrawal, the Student-at-Risk will also be provided with information on return to campus procedures.

4.65 Following an involuntary leave, the Student-at-Risk must apply in writing to the Associate Vice-Provost (Student Success and Learning Support Services), in order to return to campus. The application will require the following in order to be considered: evidence that all terms and conditions associated with the involuntary leave have been met, evidence that all current outstanding disciplinary sanctions have been completed, and, if applicable, an assessment and treatment plan, completed by appropriate treating medical professional(s). The Associate Vice-Provost (Student Success and Learning Support Services) will provide completed applications and accompanying documentation to the Students-at-Risk Evaluation Team to consider. During the review process, the Evaluation Team may require the Student to provide additional or more recent documentation from treating medical professional(s). If the application is approved, the Students-at-Risk evaluation team will develop a Return to Campus Management Plan. The Associate Vice-Provost (Student Success and Learning Support Services) shall review the Return to Campus Management Plan with the Student.

4.66 Following an involuntary withdrawal, the Student-at-Risk must apply in writing to the Associate Vice-Provost (Student Success and Learning Support Services) in order to return to campus. The application is due no later than sixty (60) days before the Student's anticipated return to campus. The application will require the following in order to be considered: evidence that all terms and conditions associated with the involuntary withdrawal have been met, evidence that all current outstanding disciplinary sanctions have been completed, and a treatment summary completed by appropriate treating medical professional(s). The Associate Vice-Provost (Student Success and Learning Support Services) will review the completed application and accompanying documentation and forward for the consideration of the Students-at-Risk Evaluation Team. During the review process, the Evaluation Team may require the Student to provide additional, more recent documentation from treating medical professional(s). If the application is approved, the Students-at-Risk Evaluation Team will develop a Return to Campus Management Plan. The Associate Vice-Provost (Student Success and Learning Support Services) shall inform the Student, in writing, as to whether the application has been approved and, if approved, shall review the Return to Campus Management Plan with the Student. This will normally be completed within thirty (30) days of the anticipated return to campus date.

4.67 Where a Student has received approval to return to campus following involuntary withdrawal, the Students-at-Risk Evaluation Team shall prepare a Return to Campus Management Plan that outlines any terms and conditions of the Student's return to campus and any support services required. The Associate Vice-Provost (Student Success and Learning Support Services) will review the plan with the Student and obtain agreement. A designate from the Students-at-Risk Evaluation Team will implement the Return to Campus Management Plan with the Student and monitor the Student's transition back to campus. The person monitoring the Return to Campus Management Plan shall regularly report the Student's progress back to the Students-at-Risk Evaluation Team. The Return to Campus Management Plan may also include the disposition of any outstanding non-academic discipline matters and/or sanctions.

4.68 Students may appeal the decisions made under the Process and Procedures for Responding to Students-at-Risk under the appeal guidelines set forth in this policy.