Academic Misconduct Appeals

Academic Misconduct 

Students may only appeal a finding of Academic Misconduct or the penalty assigned for a finding or multiple instances (Progressive Discipline) of Academic Misconduct to the Senate Appeals Committee (SAC) after receiving a decision from the Academic Integrity Committee (AIC).  The right to this second level of appeal is limited and the onus is on the student to make a case for why the appeal should be heard based on one or more grounds (see below).

Students may appeal to the Senate Appeals Committee (SAC), within ten (10) business days of receiving the AIC decision letter.  

How does a suspicion become a finding of Academic Misconduct?

When an instructor or other decision maker has a reasonable belief that academic misconduct may have occurred, they should register their concern(s) with the Academic Integrity Office (AIO). (opens in new window) 

If there is a reasonable belief that misconduct may have occurred; a discussion between a decision maker and the student will be arranged via the Academic Integrity Office (see Policy 60: Academic Integrity section 6.2.2.) (opens in new window) . The purpose of a discussion is to allow the decision maker to present to the student(s) the basis for their suspicion; for the student(s) to offer their perspective, to answer questions, and articulate their perspective on the facts; and for there to be a fair and transparent discussion. Discussions can occur in one of two ways: a Facilitated Discussion (FD) or a Non-Facilitated Discussion (NFD) (see Policy 60, section 6.2.) 

Once all relevant information is presented in the facilitated or non-facilitated discussion by both the student and the decision maker, a decision to proceed or not with a finding of academic misconduct will be made.  Decisions are made based on a balance of probabilities (see Policy 60, section 3.3).  

A decision letter, outlining whether or not there has been a finding of academic misconduct, will be sent to the students’ TMU email within 5 business days of the date of the discussion.  

What to consider before appealing a finding of Academic Misconduct or the assigned penalty for Academic Misconduct.

• A student wishing to appeal a finding (and the associated penalty) of Academic Misconduct to the SAC must ensure their appeal meets the grounds (detailed below) required to proceed to a hearing.  
• Penalty recommendations for Disciplinary Withdrawal (DW), Expulsion, or for Revocation of a Degree, Diploma, or Certificate and recommended by the AIC, may only be assigned by the Senate Appeals Committee (SAC). An appeal hearing before a panel of the SAC will be automatically scheduled in these circumstances.
• The principle of Progressive Discipline could increase the penalties/consequences assigned with repeated violations. Students who have been found to have engaged in multiple instances of academic misconduct and have two or more DNs on their academic record may be subject to a penalty hearing to consider additional penalties (see Policy 60, Procedures 7).
• Regarding a penalty hearing, the finding(s) that academic misconduct occurred is not in dispute. Rather, the panel will focus solely on whether the recommended penalty is appropriate or not. 

Timelines for submitting an appeal

For an AIC appeal, students have ten (10) business days from the date of receiving their discussion decision letter to appeal to the AIC.    

For a SAC appeal, students have ten (10) business days from the date of receiving their AIC appeal decision letter to appeal to the SAC.    

Decisions from the AIC, the SAC or the SARP will be provided to students within (10) business days of the date of an AIC, SAC or SARP hearing.  If there is a delay in issuing a decision, students should be informed.

All decisions provided by the SARP or SAC are final and can not be further appealed. 

Important: Late or incomplete appeals may not be accepted.

Levels of Appeal

First Level - Appealing to the Academic Integrity Council (AIC) 

Students have the right to appeal the finding and/or the assigned/recommended penalty for Academic Misconduct.  Students wishing to appeal must do so within ten (10) business days of receiving their discussion decision letter.  

Appeals should be directed to the Academic Integrity Council (AIC) through the AIO office via the AIC Academic Misconduct Appeal  (opens in new window) portal.

For more information on submitting a first level appeal of a finding of Academic and/or Misconduct, please see Policy 60: Guidelines, section 5, Appeals and Penalty Hearings 

Second Level - Appealing to the Senate Appeals Committee (SAC) 

Academic Integrity Council (AIC) decisions can be appealed to the Senate Appeals Committee (SAC), within ten (10) business days of receiving the AIC decision  

In order to be considered by the SAC, to move forward to a hearing, appeals of the decision of the AIC must first meet one or more of the four (4) grounds as mentioned above (see Policy 60, Section 15.1)

The Senate Office will review the submission to determine if it meets one or more of the specified grounds to proceed to an SAC panel hearing.  If  it is not clear that an appeal meets the required ground(s), a Senate Appeals Review Panel (SARP) will be convened to determine whether the student has satisfied the grounds (see Policy 60, Section 15.1. (opens in new window) ). The decision of the SARP is final. 

The Secretary of Senate will inform the student whether an appeal to the SAC will proceed to a SARP or to an SAC panel hearing within ten (10)days of receipt of the appeal.  

Note: Penalty recommendations for Disciplinary Withdrawal (DW), Expulsion, or for Revocation of a Degree, Diploma, or Certificate recommended by the AIC, may only be assigned by the Senate Appeals Committee (SAC). An SAC appeal hearing will be automatically scheduled in these circumstances and the student will be notified regarding participation in this process.

Grounds for appealing a finding of Academic Misconduct or the assigned/recommended Penalty(ies) for Academic Misconduct to the Senate Appeals Committee 

The right to this level of appeal is limited.  The onus is on the student to make a case for why the appeal should be heard based on one or more of the following four (4) grounds: 

• New Evidence: there is new evidence submitted with the Senate package that was not presented at the AIC, RAC, or GAAC hearing and which has a reasonable possibility of affecting the decision.
• Substantial Procedural Error: when it is believed there has been a substantial error in how Policy 60: Academic Integrity was applied, which could have affected the decision reached by the AIC, RAC, or GAAC.
• Evidence Not Previously Considered: evidence submitted as part of the AIC, RAC, or GAAC package or was stated verbally at the AIC, RAC, or GAAC hearing that was not considered by the panel. 
• Higher Penalty: if a higher penalty has been assigned by the AIC, RAC, or GAAC than that recommended or assigned by the initial decision maker.

Appeal Submission Process

It is a student's responsibility to submit a complete appeal within policy timelines that includes all relevant documentation (evidence) to support their claims.

Appeals to the AIC 

Appeals should be directed to the Academic Integrity Council (AIC) through the AIO office within ten (10) days of the receipt of the discussion decision letter for a finding of Academic Misconduct.  

To do this, students must sign-in via the AIC Academic Misconduct Appeal portal, using their Toronto Metropolitan University credentials.  

Appeals to the SAC 

Academic Integrity Council (AIC) decisions must be appealed to the Senate Appeals Committee(SAC), within ten (10) business days of receiving the AIC decision letter, using the  (google form) Senate Academic Misconduct Appeal Form (external link) .   

Complete appeal submissions must be emailed to senate@torontomu.ca within the approved timeline. Important: Late or incomplete appeals may be dismissed and not accepted.

Appeal submissions must include the following information: 

• Appeal Form signed and dated
• Toronto Metropolitan email address and student ID number
• Home phone number & cell phone number
• Advocate name and contact information (if required)
• Appeal Statement - disputing the finding of Academic Misconduct/Penalty assigned 
• Any additional supporting attachments 

*Note: copies of all documents pertaining to the AIC appeal required for the SAC appeal will be obtained by the Academic Integrity Office.

Appeal Statement 

Students are encouraged to provide a detailed appeal statement outlining their reasons for appealing the finding and/or penalty(ies) for Academic Misconduct. An appeal submission should start with a well reasoned statement that explains why this appeal should be considered, based on the ground(s) selected.  It is important to read the definitions of the grounds in Policy 60: Academic Integrity to explain how it (or they) relate to the situation.

Evidence/Supporting Documentation

All claims made in support of an appeal of a finding and/or assigned/recommended penalty(ies) for Academic Misconduct should be documented, and copies of all documents should be included with the appeal submission. Examples can include: course outlines, rubrics, graded coursework, final grades showing satisfactory course progress, evidence of correspondence, etc.

Important: Failure to provide supporting evidence/documentation may jeopardize the success of an appeal. 

Relevant University Policies 

• Policy 60: Academic Integrity including Procedures and Guidelines