Ban & Eviction Appeal Process

Procedures for Panel to Consider Appeals for Eviction and Banning from University of Saskatchewan Residences

 

Scope of Procedures:

 

These procedures apply to the decision by University of Saskatchewan Residences to evict and/or ban a student from Residences.  The decision of the appeal panel is final regarding the student’s status in Residences only.  It does not preclude or prevent the application of other policies and procedures that exist at the University of Saskatchewan.

 

A student’s status in the residence living community may take four forms for the purpose of these procedures:

 

(i)            Students may be in “good standing” which means there are no concerns about their ongoing status in the Residences.

(ii)          Students may be “on probation” which means the student has received formal written notice that he or she is on probation with relevant details adequately outlined about the penalties that may be applied given certain behaviours or actions.

(iii)         Students may be “evicted” from Residences which means they have been required to cease as tenants of the Residences.  Usually, a student will receive between 24 hours to 2 weeks notice of eviction.

(iv)        Students may be “banned” from Residences which means they are not allowed to enter the facilities identified as Residences.  Usually, such a ban does not include the tunnel system in the basement of Saskatchewan Hall, the rooms in the basement of Saskatchewan Hall designated for student club or USSU use, the Student Health Centre on the south end of Saskatchewan Hall, and the Student Counselling Centre on the ground floor of Qu’Appelle Hall Addition.

 

Grounds for a formal appeal:

 

Students may initiate a formal appeal by completing an Application for Appeal (Form 1) within 7 days of the date of the written decision to evict or ban.  The application is to be submitted to the Director of the Consumer Services Division.  The appeal will be heard only if students can identify valid grounds for the appeal.  Valid grounds will be determined by the Director and are typically considered to include:

 

(i)            Alleged failure to follow procedural regulations of Residences as laid out in the Residence Student Handbook or Lease Agreement.

(ii)          Alleged discriminatory treatment of the student as compared to the treatment of other students.

(iii)         Alleged violation of the University Discrimination and Harassment Prevention policy where the alleged violation affected the students standing in Residences.

(iv)        Alleged violation of the Saskatchewan Human Right’s Code

(v)          Alleged failure to implement rules of the University dealing with accommodation of students with disability.

 

The Director will advise any student inquiring about or submitting an application for appeal about advocacy services available on campus.  The Director or designate will determine whether grounds exist for the appeal within two working days.

 

Panel membership:

 

In cases where it is determined by the Director of Consumer Services that an appeal panel should be convened, the panel will consist of three members:

 

(i)            As chair, the Director of Student Retention, Support and Development (or designate).

(ii)          As members, the Director of Consumer Services (or designate from CSD not from Residences) and one student representative.  The student representative will be appointed by the USSU for cases involving undergraduate students and appointed by the GSA for cases involving graduate students.  The student representative must be (1) impartial to the case at hand, and (2) cannot be a current or past Residence student.

(iii)         Clerical Support to the Committee provided by either CSD or SESD.

 

Prior to the Hearing:

 

Appropriate notice will be provided to all involved.  All materials presented to the panel will be shared with all parties.  As a guideline, notice that a panel will convene will be provided 3 to 5 working days in advance and materials relevant to the case will be provided to the parties within 1 to 2 working days.  For efficiency of panel proceedings both the student and Residence Management will be required to summarize the sequence of events of concern in the case (see Form 2).

 

In the case of a 24 hour eviction notice, the student will usually be required to leave Residences as scheduled but will usually not be required to move all belongings or have food services suspended.

 

In the case of an immediate notice of ban, the ban will usually be enforced until the decision of the appeal panel is delivered.

 

At the Hearing:

 

1. Attendance: The student appealing the decision and Residence Management may invite relevant parties to the case under consideration.  (For example, student witnesses to events of concern or staff of Campus Safety).

 

2. Advice and Advocacy: The student is expected to speak on his or her own behalf in the hearing.  The student may access advice of university advocates, students union/association advocates, or outside advisors.  These advocates/advisors may attend the meeting with the student but as observers.  If the advocate/advisor wishes to advise a student during a hearing, the student may ask for a pause in proceedings so that they can receive that advice privately and then return to the hearing.

 

3. Typical Agenda:

·        Introduction of all present: Chair

·        Explanation of procedures: Chair

·        Statement by Student(s), including any witnesses

o       Questions to student/witnesses by panel

o       Questions to student/witnesses by Residence Management

·        Statement by Residence Management, including any witnesses

o       Questions to Residence Management/witnesses by panel

o       Questions to Residence Management/witnesses by student

·        Clarification and discussion: Panel

·        Closing Remarks: Student

·        Closing Remarks: Residence Management

·        Closing Remarks, Questions, or Instructions: Chair

·        Adjourn

 

The Decision

 

1. Timing: The decision is to be made in as timely a fashion as possible, given that consultation and clarification may sometimes be necessary.  Usually, the decision will be expected within one week of the hearing.  If that is not possible, the Chair will notify the parties of expected timing.

 

2. Method: The decision of the panel will be decided by consensus.  In the case that consensus cannot be achieved, the Chair will cast the deciding vote.

 

3. Important principles in decision-making:
   1. The panel is charged with balancing integrity of community standards in Residences and the individual growth and development and personal circumstances of students who appeal decisions.
   2. The standard of proof will generally fall on the appealing student following a civil standard of the “balance of probabilities” not a criminal standard of “beyond a reasonable doubt”.
   3. The parties involved will be expected to meet a standard of responsibilities.  Generally, students are expected to be familiar with the policies and any associated documentation (like warning letters) that have been presented to them.  Generally, Residence staff are expected to enforce and enact the policies they have laid out and to provide clear communication to students in any associated documentation (like warning letters) that they present to students.

 

4. Remedies: The panel can decide to uphold the original eviction/ban decision, modify the original decision, or overturn the original decision.
5. Recommendations: The panel can make recommendations to the student and to Residence Management about future conduct.

 

6. Communication of decision: A decision will be provided in writing, and when possible delivered in-person to the student by the Chair.  The written decision will be provided to all parties and will include a statement of what is at issue, a summary of the findings of the fact, reasons for accepting or rejecting the main arguments, a statement of decision, and any recommendations to the party.

 

 
These procedures exist under the authority of the Director of the Consumer Services Division.

 

These procedures were developed in 2008 in consultation with

            Sylvia Cholodnuik, Manager of Residences

            Mark Charmbury, Assistant Manager of Residences

            Susan Bens, Director of Student Retention, Support and Development, SESD

            Nicole Kenney, VP Student Issues, USSU

            Lea Pennock, University Secretary

            David Hannah, Associate Vice-President, SESD

 

Eviction Appeal Form