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ARTICLE · 20 APRIL 2023

Procedural Fairness In Universities

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It is rare that academic disputes find their way into the courts in Ontario. Universities have robust internal processes for handling matters such as disputed grades, academic...

CanadaLitigation, Mediation & Arbitration
Carolyn McKeen
Carolyn McKeen
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It is rare that academic disputes find their way into the courts in Ontario. Universities have robust internal processes for handling matters such as disputed grades, academic misconduct, and expulsion, and they are generally entitled to deference when it comes to decisions made in scholastic settings.

In Ontario, when a student is unsatisfied with the result of an academic appeal, they can bring an application for judicial review to the Ontario Divisional Court. Judicial review allows a panel of three judges to take a second look at a decision made by an administrative body, such as an academic Senate Appeals Committee. The judges' mandate is to determine whether the decision was fair, reasonable, and lawful.

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