A08: Academic appeal

Preamble

The Canadian Police College (CPC) is accountable for setting and maintaining standards of academic performance. The CPC is committed to the fair and equitable treatment of all participants in CPC academic matters.

This policy applies to participants who have applied to a course, are registered and participating on a course, or have attended a course at the CPC and who present an appeal pursuant to a decision made by the CPC.

Unless expressly provided for, the presentation of an appeal does not suspend the execution of the decision that is being appealed and does not halt, adjourn, or otherwise delay any process related to that decision.

Definitions

Administrative time limits means the time frames that are established under this Directive.

Appeal means a challenge to a decision that is made in the course of a selection process for, during or post training at the CPC.

Appellant means a participant who presents an appeal, this includes former participants.

Assistant means a person supporting the party while the party continues to actively participate in the process.

Director of the Program means the Director responsible for the person who made the decision that is the subject of the appeal, their replacement, or a person designated by the Executive Director.

Parties means the appellant and the respondent.

Respondent means the person who made the decision that is the subject of the appeal, or the person designated by the Executive Director.

Representative means a person authorized by an appellant, or respondent to act on behalf of that appellant, or respondent to have their authority during the appeals process.

Directive

1. The objective of this Directive is to explain the procedures participants are to follow in relation to an appeal
2. Participants are encouraged to follow the procedures of this Appeal Directive before resorting to their home agency’s processes, if applicable

General

1. Expectations
   • 1.1. The parties to an appeal make their best effort to resolve the appeal in the least adversarial manner possible
   • 1.2. Participants have the right to formally appeal decisions concerning their academic performance and progression throughout a course. This will include decisions regarding grades (which prevent the participant's advancement on their course), academic discipline, academic dishonesty (plagiarism) and sanctions
   • 1.3. Participants may appeal evaluations of their performance at any point during the evaluation process throughout the course
   • 1.4. A participant may present an appeal in the official language of their choice. The CPC will process the appeal in the participant's chosen official language
   • 1.5. The respondent is responsible for providing written submissions in the appellant's chosen official language
   • 1.6. To initiate the appeals process, a participant must present a written statement of appeal, and present it to the Manager Academic Standards, Learning and Development (ASLD) at email: cpcasldinbox.ccpnadaboitecentrale@rcmp-grc.gc.ca
   • 1.7. All parties actively participate in the appeals process until its conclusion
   • 1.8. A party may authorize a person of their choice to represent or assist them by notifying the other party in writing
   • 1.9. A representative will assume the role and all duties of the party
   • 1.10. An assistant will provide support to the party while the party continues to actively participate in the process
2. Time periods are computed in consecutive days, excluding the first day and including the last day
3. When an administrative time limit expires on a Saturday, Sunday, or statutory holiday, the time limit is extended to the next day that is not a Saturday, Sunday, or statutory holiday
4. The parties are required to comply with the time limits established by the Appeals Directive
5. Failure to comply with these time limits may result in the dismissal or upholding of the appeal, as the case may be
6. A party may request an extension to an administrative time limit by submitting a written request to the ASLD outlining the grounds on which the extension is sought
   • 6.1. The ASLD may grant an extension request regarding an administrative time limit only if it is satisfied that the grounds justify an extension
   • 6.2. As soon as feasible, the ASLD will provide the party who made the request with a written decision outlining the reasons why an extension has or has not been granted
7. At any time before ASLD makes a final decision, the appellant may withdraw their appeal by notifying the ASLD in writing
8. Decisions that dispose of appeals are served in writing to the appellant and the responden

Procedures, roles and responsibilities

Informal appeal process

1. An appellant is required to present their appeal in writing to the ASLD within thirty (30) days after the day on which the appellant knew, or should have known, of the decision aggrieving them
2. In an appeal, an appellant is to specify:
   • the appellant's name and home agency
   • the decision that is being appealed
   • a concise statement of the grounds on which the appeal is based
   • the prejudice suffered as a result of the decision, act, or omission
   • the redress requested
   • the date on which the appellant learned of the decision
   • the name of the person the appellant believes to be the respondent
3. ASLD will inform the appellant in writing that they are to first attempt to resolve the matter informally with the named respondent. The expectation is that the decision under dispute is to be resolved as close as possible to the level at which it originated
4. ASLD will provide a copy of the appeal to the respondent and inform them that they are to first attempt to resolve the matter informally with the appellant
5. The respondent is to contact the appellant to initiate attempts to informally resolve the appeal or any aspect of it
6. The appellant may decline to participate in informal resolution efforts
7. If the appellant declines to discuss the appeal with the respondent, the respondent will confirm that fact, in writing, to the appellant and the ASLD
8. At the conclusion of informal resolution efforts, the parties notify the ASLD in writing of the outcome of their efforts.

Consideration at the initial level of appeal

1. If attempts to informally resolve the appeal are unsuccessful or if the appellant has declined to participate in informal resolution efforts, the ASLD will seek written submissions from the parties
2. The appellant is given the first opportunity to present a submission, followed by the respondent
3. The appellant is given an opportunity to rebut the respondent's submission.

Decision at the initial level

1. ASLD will inform the Director of the Program in writing and provide a copy of the appeal and the written submission made by the parties
2. The Director of the Program relies on the parties' submissions to decide the appeal
3. The Director of the Program may request additional information from the parties or any other person. The parties are given an opportunity to respond to any additional information before the Director of the Program provides a decision
4. The Director of the Program will consider whether the decision that is the subject of the appeal caused a prejudice to the appellant
5. The Director of the Program will issue a written decision to the parties and provide a copy to ASLD
6. Unless the appellant presents the appeal to the final level within the time limit, the decision rendered by the Director of the Program is binding on the parties

Presentation to the final level

1. If the appellant would like to present the appeal to the final level, they are to provide a request to the ASLD within seven (7) days after the day on which the appellant was served with the initial-level decision made by the Director of the Program
2. The burden of proof lies with the appellant to establish that the initial-level decision made by the Director of the Program was reached in a manner that contravened the applicable principles of procedural fairness or was clearly unreasonable

Consideration at the final level

1. The Executive Director will make the decision at the Final Level
2. The appellant is given the first opportunity to present a submission, followed by the respondent
3. The appellant is given an opportunity to rebut the respondent's submission

Decision at the final level

1. The Executive Director relies on the parties' submissions, including the Director's Initial Appeal decision to decide the final appeal
2. The Executive Director 's written decision is final and binding

Related directives

Evaluation of Participant Learning - A05

Date modified:

2024-09-06