STUDENT DISCIPLINE

1.00
DISCIPLINARY PROCEDURES AND PENALTIES

1.1 General

1.1.1 All student disciplinary matters, with the exception of matters involving sexual harassment and academic dishonesty, shall be dealt with informally in the first instance by the disciplinary authority having the closest connection with the particular alleged violation as outlined hereunder.

1.1.1.1 All matters which appear to involve academic dishonesty of an undergraduate student shall be investigated by the person(s) directly involved and, if satisfied a violation has been committed, shall be referred to the Head of the Department offering the course, or if there is no Head, to the Dean or Director. Matters involving academic dishonesty of a graduate student shall be referred directly to the Dean of the Faculty of Graduate Studies who shall, in turn, inform the budget dean/director prior to any disciplinary action.

1.1.1.2 Student disciplinary matters involving violations of the Policy on Sexual Harassment shall be referred directly to the Dean/Director of the Faculty/School of registration for undergraduate students or, in the case of graduate students, to the Dean of the Faculty of Graduate Studies who shall, in turn, inform the budget dean/director prior to any disciplinary action.

1.1.2 If a question arises as to which disciplinary authority should hear a particular case, the question shall be referred to the President for resolution.

1.1.3 A student who is the subject of a disciplinary matter should be informed as early as possible by the disciplinary authority dealing with the matter in the first instance that:

1.1.3.1 the matter is one which involves university discipline and for which the student may be penalized;

1.1.3.2 the student may obtain a copy of the Student Discipline Bylaw setting out the procedures to be followed from the Office of the University Secretariat;

1.1.3.3 the offices of the Student Advocate, the Sexual Harassment Officer, and the Ombudsman are available, as appropriate, to provide information to the student in connection with the matter;

and 1.1.3.4 if an appeal is possible from any decision that the disciplinary authority might make, that the student has a right to appeal.

1.1.4 The failure of the disciplinary authority to comply with any or all of the requirements of 1.1.3 shall not affect the validity of further proceedings in connection with the disciplinary matter provided, however, such failure may be considered in further proceedings.

1.1.5 No disposition on a violation shall be made or penalty assessed unless the alleged violator has been allowed a reasonable opportunity to ask questions and offer an explanation.

.1.6 Once a matter is disposed of by a disciplinary authority no further action may be taken on the matter except as a result of an appeal by the student or action taken under section 1.3 of this bylaw.

1.1.7 A representative designated in writing by the student may, at the request of the student concerned:

1.1.7.1 attend any disciplinary hearing, and

1.1.7.2 participate in any hearing to the extent of asking questions of anyone in attendance and making submissions to any disciplinary authority or to the University Discipline Committee (hereinafter referred to as the U.D.C.).

1.1.7.3 The representative may be the Student Advocate, or another student or other full-time member of the university community not receiving payment for appearing, or working for Legal Aid, provided that none of these are members of the student's immediate family. However, if the student wishes, one member of his/her immediate family may be present, but as an observer who may not participate. Legal counsel may be a non-participating observer at hearings of the Local Discipline Committee (hereinafter referred to as the L.D.C.) [Section 2.4.6.3], but shall have full rights of participation at hearings of the U.D.C. [Section 3.6.5].

1.1.8 The designated representative of the student shall have the same right to receive notices of hearings held by a L.D.C. and the U.D.C., as the student concerned.

1.1.9 No disciplinary decision of a disciplinary authority shall be implemented until the time for appeal has elapsed or until the student has waived in writing the right to appeal, whichever event occurs first. The only exceptions to this rule shall be:

1.1.9.1 where the penalty would be entered on the academic records of the student, the Registrar shall be notified and shall not issue any academic transcript until the appeal has been disposed of;

1.1.9.2 changes in the student's courses and/or program directly related to the matter under disciplinary consideration shall not be permitted; and

1.1.9.3 action taken by the President under section 1.5.8.2.

1.1.10 A permanent record of action taken under this bylaw shall be maintained at the Office of the University Secretary who may, at the request of an appropriate disciplinary authority, release the information to that authority for consideration in determining penalty after a finding of a violation.

1.1.11 Members of the University community, including students, shall be kept informed of the nature and disposition of cases dealt with under this bylaw but the names of the violators shall not generally be made public.