The Board of Appeal (BoA) is the final level of appeals within the UTGSU.
The BoA can investigate any decisions made by the UTGSU Chair, Board of Directors, Executive Committee, Elections and Referenda Committee, the Chief and Deputy Returning Officers, and the UTGSU Course Unions. Through these investigations, the BoA may rule on final appeals regarding elections, referenda, decision-making processes defined in the bylaw and policies, issues of conflict of interest and penalty, and concerns regarding the operations of any UTGSU body.
The BoA is comprised of a Chair, Vice Chair, and four graduate student representatives. The four representatives are selected following the notification of an appeal.
The articles and policies concerning the BoA can be found in Article 14.6: The Board of Appeal of the UTGSU Bylaws and Policy G10: Appeals Process in the Policy and Procedures Manual.
To Submit an Appeal
Any individual interested in appealing a UTGSU decision may do so by providing written notice to the Chair of the BoA. Written notice should be sent to the Chair of the BoA within four weeks of the event or decision to be appealed or following a decision made by the immediately prior level of appeal.
Upon contacting the Chair of the BoA with an intent to appeal, per Policy G10.2, the appellant will be asked to indicate, through written letter of appeal,
- The decision that they wish to appeal,
- The body that made the decision (if applicable), and
- The reason(s) for the appeal.
Additional evidence to support the appeal may include but is not limited to official minutes and highlights, articles of the UTGSU bylaws and policy handbook, correspondence, and oral testimony.
Accommodations will be made at the discretion of the BoA and may include but are not limited to flexible times for the submission of evidence and alternative forms of submission of evidence or testimony.
Process
Upon receipt of an intent to appeal, the Chair of the BoA shall select four representatives from a pool of graduate students, randomly selected from the UTGSU membership through listservs and a computer algorithm. The Chair, Vice Chair, and four student representatives will meet no earlier than seven days after having been constituted.
The Chair of the BoA will contact the official or Chair of the body whose decision is under appeal, requesting a statement and evidence. The statement will address the initial decision made by the body and outline the processes followed to reach the decision. All evidence considered in a lower appeal or decision must be supplied by the body to the BoA.
The BoA will invite written statements from other parties who are either for or against the appeal.
The oral testimony shall be sought at the discretion of the BoA following the receipt of all written statements. Oral testimony serves to supplement any written evidence provided to the BoA. The BoA will pose questions directly to the authors of written statements. With the consent of the individual providing the oral testimony, oral testimony will be transcribed into the meeting minutes.
Rulings
The BoA shall render a ruling via report and, if applicable, a suggested ruling in the case of a minority report. A ruling from the BoA may include, but is not limited to:
- Overturning or upholding the decision made by the body of the UTGSU in question,
- Any recommendation as outlined under the Elections Code, policies, or Bylaw regarding Elections or Referenda,
- Any recommendation regarding a flaw inherent in a Bylaw Article or policy of the UTGSU,
- Any recommendation to censure members of a Committee, including the Executive Committee, or Board of Directors for actions, incidents, or events, and
- Any other recommendation as the Board, in its discretion, sees fit.
The BoA shall seek consensus in its rulings. In the absence of consensus, the ruling shall be made by majority vote and both a majority and minority report shall be produced with the listed names of members of the BoA who support each particular report.
BoA rulings are publicly accessible on the UTGSU website, uploaded within one week of being issued. Confidential information is removed per Policy G10.7.
Contact the Board of Appeal
To contact the BoA, you may email the Chair, Alexander Martin, at appealchair@utgsu.ca.
Previous Board of Appeal Rulings
Appeal rulings are available online via the UTGSU Archive and are listed below in reverse chronological order.
DL’s Appeal 2019 UTGSU Board of Appeal