Learner Misconduct Appeal Form

Learner Misconduct Appeal

If a learner disputes the outcome of the review and the sanctions imposed by the Real Estate Program Office, the learner may file a Learner Misconduct Appeal. All appeals must be filed within ten (10) business days following receipt of the written decision of the Real Estate Education Program Office. Appeals must be filed in writing using the Learner Misconduct Appeal Form.

The outcome of the review is communicated to the learners as soon as practicable, taking into the account specific circumstances of the matter and the nature of the appeal.

Appeal Challenges

A challenge to an appeal decision must be submitted within five (5) business days after issuance of an appeal decision using the Learner Misconduct Appeal Form. An appeal challenge application shall be reviewed by Humber’s Registrar or designate to determine whether the criteria for an appeal challenge, as defined in Section 1.10.2 below, is met. An appeal challenge is allowable only for the purposes of assuring procedural fairness and propriety. Accordingly, an appeal challenge may lead to one of two outcomes: (i) a finding that the appeal decision shall be upheld; or (ii) a finding that an appeal decision must be reconsidered. In the event the Registrar or designate determines that the appeal challenge should be heard, that individual will appoint a panel of appropriate Humber personnel to conduct the appeal challenge.

Criteria for Appeals and Appeal Challenges

A learner misconduct appeal may only be successful where at least one of the following criteria is satisfied:

• If the learner presents new evidence that can be substantiated and that necessitates a changed outcome because such new evidence, exculpates, exonerates, or mitigates the responsibility of the learner with respect to the alleged misconduct;
• The learner presents evidence of procedural error or bias in the process; and/or
• The sanction imposed is not consistent with the nature of the offense.

If an appeal application presents none of the above criteria, it shall be dismissed.

An appeal challenge shall only consider the following criteria, one or more of which must be satisfied in order for an appeal challenge to succeed:

• The learner presents additional evidence that was not considered by the Dean during the appeal process;
• The learner presents evidence of procedural error or bias in the process; and/or
• The sanction imposed is not consistent with the nature of the offense.

If an appeal challenge presents none of the above criteria, it may be dismissed summarily.

When requesting an appeal or a challenge to an appeal, a learner must submit the Appeal Form indicating:

1. The conditions/grounds under which the appeal is being made
2. The explanation/reasons that will be used to support the grounds for appealing
3. The requested resolution
4. Any other supplementary documentation/information
5. The names of any support person, if applicable

The completed Learner Misconduct Appeal From must be submitted to the Real Estate Education Program Office by email to reepreviews@humber.ca