CAISJA presentation on student appeals and related higher education student affairs issues

14 Jun

I had a great time this morning at pre-conference workshop for the annual Canadian Association of College and University Student Services conference. The workshop was organized by the new CACUSS academic integrity and student judicial affairs division – CAISJA. I love addressing professionals working in the higher education sector because attendees are always very knowledgeable and engaged. Today was no exception!

Here is a copy of my slides, which were just to put a little structured content into three hours of discussion moderated by my CAISJA hosts.

As promised to attendees, here is the Hicks Morley paper (written in 2005) on student appeals and here are some citations to recent and relevant case law.

  • Cotton v. College of Nurses of Ontario – On administrative fairness and mandatory medical assessments. See here for my case summary.
  • Zeliony v. Red River College – On hearing transcripts and the requirement to give reasons. The College’s reliance on unsworn witness statements (in part because witnesses said they were afraid to testify) is an important issue that is not addressed head-on in this award.
  • Lerew v. St. Lawrence College – On hearing transcripts and the requirement to give reasons.
  • F.H. v. McDougall – The Supreme Court of Canada on the existence of only one standard of proof in civil cases – the balance of probabilities standard.

Though it is technically neither an academic integrity nor a student judicial affairs issue, we did get into discussion on threat assessments, student privacy and non-disciplinary suspensions. Some materials on this topic are posted here (my CAUBO March 2008 presentation), here (comments made after the Kajouji case) and here (link to good podcast).

Thanks again to my CAISJA hosts. I hope this material is helpful and, for those who attended, look forward to keeping in touch!

Advertisements

One Response to “CAISJA presentation on student appeals and related higher education student affairs issues”

  1. Zeliony March 22, 2013 at 12:44 am #

    Zeliony v red river college “On hearing transcripts and the requiremento give reasons. The College’s reliance on unsworn witness statement(in part because witnesses said they were afraid to testify) is an important issue that is not addressed head-on in this award.

    Here it is . Mr. JOYAL, C.J.Q.B. just repeted that again “(56)I note that in Zeliony there was no transcript of proceedings, nor was there anything in the reasons or elsewhere in the record that would assistthe court in making the determinations it was required to make concerning the serious allegations respecting procedural fairness. Given the ample record available in the present case, no such similar concerns exist in respect of the inadequacies and errors”
    Sowemimo v. College of Physicians & Surgeons of Manitoba, 2013 MBQB 42

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: