The Ombudsperson’s Tips for Appeals

Appealing is a serious decision that should not be taken lightly. You may be asked to disclose personal information, make arguments contrary to University faculty or staff, and spend your own time and energy. However, the process of appealing can also ensure your situation is heard, whatever grievances you have are taken seriously, and can overturn a decision you think was unfair or wrong.

Below you will find some tips from the Ombudsperson about appealing. Please consider contacting the Ombudsperson for more information. Speaking to the Ombudsperson before submitting an appeal is recommended.

Deciding if you should Appeal

If you feel like someone who works for the University made a decision that was either wrong or unfair, you may want to consider appealing. Appealing is not simply disagreeing with a decision. An appeal is a request for another body to intervene, because a decision was either wrong, unfair, or, in some instances, a decision-maker did not have all the necessary information. Appealing because you are upset about or disagree with a decision is your right, but will likely lead to an appeal being dismissed and your time wasted.

When deciding if it is worth appealing, you may want to look at the grounds for appeal. Grounds are the specific reasons, often written, for which an appeal body will grant your request. This means that anything outside of the grounds will likely be denied. You should compare your situation to the grounds. Be realistic and look at it from an outside perspective to gain some objectivity. Does your situation fit? Are there other areas that you feel strongly about, but are not listed in the grounds? If the answer to these questions is yes, you may want to consider appealing. Consider too that an appeal is appellant-driven. This means that the appellant (you, if you decide to appeal) is the catalyst, so your time and energy will be required. Know too that appealing can take some time (weeks or months) and can bring up issues that may cause you some upset. This is especially true, because you may be asking another body to rule on sensitive or meaningful topics to you. The respondent (the other party, whose decision is being appealed) will likely respond with some contrary or argumentative points, which can be unsettling. These more human aspects of an appeal should also be taken into account before you begin.

If there aren’t any grounds listed (for example, appealing an instructor’s decision to a Chair of Department or appealing academic integrity decisions to an Associate-Dean), you will have to use your best judgment. You can take inspiration from the following list. Please note, however, that this list is only an example and does not constitute official grounds for any process at the University, unless otherwise written.

  1. A Procedural Error. A decision-maker did not follow the steps outlined in a policy, or did not otherwise act in a fair manner that would be expected of them. See Procedural Fairness and Understanding Fairness.
  2. Differing Interpretation. A decision-maker assumed incorrectly or interpreted a policy in a way that a reasonable person would not have. 
  3. A Factual Error. A decision-maker got something wrong or important facts were missing, which led to the wrong conclusion. 
  4. Unreasonableness. A decision-maker acted in a way a reasonable person would not have, given the same information. For example: too harshly, inconsistently, or not suited to the circumstances. 
  5. New Material. You have information that would change the outcome, the original decision-maker did not see, and you could not have provided it at the time. 
  6. Bias or Conflict of Interest. A decision-maker showed behaviour, attitudes, or had a relationship that could make a reasonable person question their neutrality. 

Writing an Appeal

The majority of appeals will ask you to write down your situation and argue why your appeal should be accepted. Many appeal processes only allow written submissions, so you may not have the opportunity to meet with anyone. Accordingly, make sure put the necessary effort.

  1. Start with the Facts. List the major and objective events that led to the situation. Sticking to phrases like: “this happened then” rather than “when they did this, I felt ___” can help differentiate facts from interpretations, which are less helpful. 
  2. Identify the Grounds. Pay attention to words like “documentation, unforeseen, unexpected, significant, sufficient magnitude, etc.”
  3. Show How your Situation Meets the Grounds Don’t just say it — show it! Be specific and comprehensive. Deal with each word in listed in the ground. Don’t rely on your audience assuming that the grounds have been met. And, don’t worry if you feel like you are over-explaining. 
  4. Describe the Impact. This is where you can include your subjective experience. This can provide a concrete example to your audience to show them why they should intervene.
  5. Stay Focused on the Future. Provide your desired outcome (for Procedural Appeals) or show how you will change or adapt next time (for Extenuating Circumstance appeals).  

Exhaust your Options

You’ll be expected to follow any process before escalating further. Often, this means you will need to address your concern to the person with whom you have a conflict, even if it may be uncomfortable. Although, there are exceptions if you feel unsafe.

Put your Best Foot Forward

Many appeals are denied, because the student didn’t think it was that serious or they assumed it would be approved. An appeal in a serious matter and you are asking for a professional’s judgement to be reviewed, so make your best case at every stage. Don’t say “please let me know if you need anything more” — if it’s important, include it! 

Supporting Documents

Both types of appeals will likely require Supporting Documents. This means that the decision-maker needs a third-party to support your claims. Consider the source — often a medical professional or another credible and objective source will be sufficient. Be sure though, as some processes operate on a good faith basis and do not require Supporting Documents. 

Make sure that your Supporting Documents 1) specifically address your claims, and 2) matches and supports the timeline.