STUDENT CODE OF CONDUCT (NON-ACADEMIC)

Transcription

1 STUDENT CODE OF CONDUCT (NON-ACADEMIC) Subject: Student Code of Conduct in Non-Academic Matters Group: Student Affairs Approved by: President & Vice-Chancellor Effective date: September 1, 2016 Administered by: Vice-President, International & Student Affairs 1

2 TABLE OF CONTENTS 1. INTRODUCTION PURPOSE SCOPE OVERSIGHT RESPONSIBILITIES RELATED POLICIES DEFINITIONS STUDENT RIGHTS & RESPONSIBILITIES STUDENT RIGHTS STUDENT RESPONSIBILITIES COMMUNITY STANDARDS FOR STUDENT CONDUCT APPLICATION OF THE CODE OF STUDENT RIGHTS & RESPONSIBILITIES PROCESS FOR DEALING WITH A BREACH OF COMMUNITY STANDARDS FILING A COMPLAINT OPTIONS FOR ADDRESSING A COMPLAINT RESPONDING TO A COMPLAINT INFORMAL RESOLUTION UNIVERSITY JUDICIAL PANEL NOTIFICATION OF UNIVERSITY JUDICIAL HEARING UNIVERSITY JUDICIAL PANEL HEARING PROCESS WITNESSES POSTPONEMENT SANCTIONS UNIVERSITY JUDICIAL PANEL COMPOSITION APPEALS OF UNIVERSITY JUDICIAL PANEL DECISIONS GROUNDS FOR APPEAL COMPOSITION OF THE APPEAL PANEL PRELIMINARY ASSESSMENT OF THE MATERIALS APPLICATION OF SANCTIONS NOTICE OF THE HEARING WRITTEN HEARING ORAL HEARING THE DECISION STUDENT RIGHTS AND RESPONSIBILITIES AT A UNIVERSITY JUDICIAL HEARING AND APPEAL HEARING RIGHTS OF THE COMPLAINANTS AND RESPONDENTS DIRECT RESOLUTION INVESTIGATION THE STANDARD OF PROOF THE DECISION REQUEST FOR A REVIEW OF A DIRECT RESOLUTION DECISION THE REQUEST

3 12.2 THE DECISION SANCTIONS EMERGENCY MEASURES PERIOD OUTSIDE THE ACADEMIC YEAR RECORDS REVIEW OF THIS CODE APPENDIX A GUIDELINES FOR NATURAL JUSTICE APPENDIX B OFFENCES Mount Allison University wishes to acknowledge and give appropriate credit to York University, Brock University, and Trent University whose own Student Code of Conduct documents served as the template for this document. 3

4 1. INTRODUCTION As part of the University community, all students and student groups are expected to maintain a high standard of conduct in their on-campus, extracurricular, and academic pursuits. The University s expectations in each of these areas are detailed in this Code and in the University s policy on Academic Integrity. 1.1 PURPOSE The primary objective of the Student Code of Conduct is not to be punitive but rather to be a guideline for appropriate behaviour in a diversified educational environment. Where possible and appropriate, education and provision of support services shall be used to attempt informal resolution of a matter before proceeding to formal disciplinary procedures. 1.2 SCOPE This Code applies to the conduct of students while on University premises or when acting as a delegate or designated representative of Mount Allison University. Any student whose conduct violates the University s expectations for community living, as set out in this Code, shall likewise be subject to the appropriate disciplinary procedures, also outlined in this Code, regardless of the action or inaction of civil/criminal authorities. 1.3 OVERSIGHT RESPONSIBILITIES The Student Life Office administers the Student Code of Conduct in Non-Academic Matters. The Director of Student Life will review complaints and respond according to the procedures set out in this Code. 1.4 RELATED POLICIES The following are governed by codes of conduct or regulations and disciplinary procedures separate from this policy. Normally the areas listed below act independently of one another, however, in serious circumstances, more than one of these policies may apply. a) Academic Integrity Policy (Policy 5500) b) Sexual Violence Prevention and Response Policy (Policy 5410) c) Residence Life Code of Conduct (September 2016) d) Liquor Policy (Policy 4000) e) Racism Policy (under review and revision) f) Personal Information Protection Policy (RTIPPA) (Policy 2200) 4

5 2. DEFINITIONS Advisor or Support Person A person identified by the Respondent or Complainant to accompany them to the review meeting or to the appeal. The Advisor or Support Person may be a student, a MASU representative, a faculty member, a staff member, or another member of the Mount Allison community. An Advisor or Support Person does not extend to include legal counsel. Appellant the person who appeals the decision of the University Judicial Panel. Calendar Days All days, inclusive of business days, holidays, and weekends with the exception of those periods when the University is officially closed. Club or Group: An organization that is affiliated with, and/or receives funding from, Mount Allison University and/or the Mount Allison Student Union. Complainant The person or persons who file[s] a complaint or report about a student s failure to uphold the fundamental responsibilities or about a student's breaches of another community member s fundamental rights as set out in this Code Mediation refers to a voluntary process where a third-party facilitates a face to face dialogue between two or more parties and helps the parties arrive at reconciliation or a mutually agreeable resolution. Misconduct Behaviour or actions by students that do not uphold their fundamental responsibilities; or that breach the fundamental rights of other students as defined in this Code. Mount Allison University Community or the University Community Current students, faculty and staff of Mount Allison University and guests to the campus. Natural Justice (Appendix A) or procedural fairness, ensures the following: that a student has the right to know the allegation(s) against him/her; that a student has the right to present a defense; that any decision is made after reasonable investigation and due consideration of relevant evidence; and that any decision is made free from bias. Respondent A student who has been accused of misconduct or in the context of an Appeal, the person or party who contends against an appeal. Restorative Justice a philosophy of justice that is based on specific principles and practices. In the context of this Code, restorative justice is a process for resolving an incident by focusing on redressing the harm caused, holding offenders accountable for their actions and, as often as possible, engaging the community in the resolution of the incident and identified "harm." Sanctioned Event Any activity coordinated by Mount Allison University faculty or staff on behalf of their department or for the purpose of conducting University activities or sponsored 5

6 by a University academic or administrative department head. Also, any activity coordinated by Mount Allison University students on behalf of a club or group. Student Any person admitted to or enrolled at Mount Allison University, full time or part time, pursuing non-credit, undergraduate or graduate studies, whether or not the individual is currently registered in courses or is currently a candidate for a degree or certificate. An individual is considered to be a student during periods before or between terms, including, but not limited to athletic training camps, University orientation, residence staff training, and Winter break, or periods during which the student may be serving a suspension or required by the University to withdraw from courses. The Code applies to students on exchange programs that are coordinated by Mount Allison University at other universities, as well as Students on approved leaves of absence or visiting students. The University Mount Allison University 3. STUDENT RIGHTS & RESPONSIBILITIES 3.1 STUDENT RIGHTS The right to academic pursuit at Mount Allison, with all the access and privileges it affords to those in good standing The right to participate fully in University life without the fear or threat of harassment, intimidation, stalking, bullying, coercion, discrimination, or acts of violence The right to an educational and on-campus residential environment that is safe, respectful, and conducive to learning The right to natural justice under this Code The right to privacy of personal information as per University policies The right to the freedoms of opinion, expression, belief, and association to the extent that these freedoms do not interfere with the rights of others or violate other University policies and procedures The right to peaceful assembly and participation in demonstrations within the University provided that such actions do not violate the fundamental rights of other members of the University Community nor breach the fundamental responsibilities of the student as outlined in this Code. 3.2 STUDENT RESPONSIBILITIES The responsibility to behave in such a way as to make Mount Allison a safe, respectful, and inclusive place to live, work, and study. Students are called upon to refrain from conduct that threatens or endangers the health, safety, wellbeing or dignity of any member of the Mount Allison community The responsibility to uphold an atmosphere of honesty, equity, and respect for others, consistent with the value that the University places on diversity in our community For those who choose to consume alcohol, the responsibility to do so in accordance 6

7 with provincial laws, with due regard for their personal safety and the wellbeing of others The responsibility to act in accordance with the law and University policy with respect to illegal drugs. The possession, use, or trafficking of illegal drugs is prohibited on property controlled, leased, or owned by Mount Allison University The responsibility to protect the health and safety of themselves and others through vigilance to fire safety equipment and procedures. Committing arson, pulling fire alarms falsely or tampering with firefighting equipment (e.g., fire alarms, extinguishers, exit signs, fire hoses, smoke detectors, emergency lights) will be dealt with severely to the full extent of this Code The responsibility to maintain a safe and secure campus community by refraining from unauthorized entry to University premises and unauthorized possession of University property. Acts such as damage, vandalism, defacement, destruction, theft, misuse or tampering with University premises or property are prohibited. This includes but is not limited to University supplies, documents, equipment, and keys The responsibility to be fully acquainted with and to adhere to University policies, procedures, and rules The responsibility to respect the privacy of personal information of all members of the community The responsibility to maintain integrity in one s interactions with the University. Knowingly providing false or inaccurate information to the University or an official thereof, altering or tampering with a document submitted to the University or otherwise engaging in fraudulent behaviour with respect to the University constitutes misconduct. 4. COMMUNITY STANDARDS FOR STUDENT CONDUCT Examples of behaviours that fall below the standard of conduct that is expected of all students are provided below. This list is not exhaustive but provides examples of breaches of community standards of conduct Breach of University Policies, Procedures or Rules Abuse of, or disrespect for, the processes of this Code, such as: bringing unfounded complaints with malicious, frivolous, or vexatious intent; failure to comply with the reasonable requests of a University representative; failure to attend meetings or hearings regarding alleged breaches of this Code; retaliation against any participant in the Code process; failure to comply with Code sanctions Disruption of, or interference with, University activities, such as: causing a substantial disorder; bomb threats; creating dangerous situations (intentional or not); making or causing excessive noise; disrupting classes, events or examinations; proffering false identification or documentation; intentional misrepresentation; setting off false fire alarms; blocking exit routes. 7

8 4.4. Damage to the property of the University or its members, such as: damaging or defacing University property or another person s property including computer systems and intellectual property; tampering with University fire alarm systems, or fire extinguishing equipment Conduct that would be recognized as a breach of the law and/or disregard for the health and safety of the University community or its members, such as: breaking into University premises; vandalism to University premises or property or another community member s property; misappropriation or unauthorized possession of personal property of a Mount Allison University community member; trespassing, including unauthorized use of keys to space on campus; unauthorized possession or use on campus of firearms or of a dangerous implement (e.g. a hunting knife, explosives, or incendiary devices); possession or consumption of, manufacturing of, or dealing in, illegal drugs; underage drinking; smoking in areas where it is prohibited; illegal gambling; cruelty to animals; misappropriation of University or private property including intellectual property; possession of what could reasonably be considered misappropriated property Threats of harm, or actual harm, to a person s physical or mental wellbeing, such as: assault; verbal and non-verbal aggression; physical abuse; verbal abuse; intimidation; harassment (including physical harassment and harassment through and other digital and social media); stalking; hazing. For incidents of alleged sexual harassment or sexual assault, please refer to the Sexual Violence Prevention & Response Policy Discrimination any conduct that results in adverse or prejudicial treatment of an individual or group on the basis of race, colour, national origin, place of origin, ancestry, religion, age, marital status, sex, gender identity, sexual orientation, physical or mental ability, social condition, political belief, and reprisal (New Brunswick Human Rights Act). For incidents of alleged racial discrimination, please refer to Mount Allison s Racism Policy On-line postings Members of the Mount Allison community are reminded that images, postings, dialogues, and information about themselves or others posted on the internet (e.g. on social networking sites such as Facebook and Twitter) are public information. While University officials do not actively monitor these sites, content that is brought to the attention of the University which describes or documents behaviour that reasonably suggests breach of University policy (e.g. Academic Integrity Policy, Student Code of Conduct, Sexual Violence Prevention Policy, etc.) is subject to further investigation. The University reserves the right to appropriately respond to these incidents, which may include disciplinary action. As a general principle, impairment by alcohol or other drugs is not a defense against being found responsible for breaching the standard of conduct outlined in this Code. 8

9 5. APPLICATION OF THE CODE OF STUDENT RIGHTS & RESPONSIBILITIES 5.1. This Code applies to non-academic student conduct. Academic student conduct is governed by the Academic Integrity Policy and is beyond the scope of this Code This Code applies to (a) conduct on University premises, and (b) conduct not on University premises but which has a real and substantial link to the University. Examples of such a link would be: a. University-organized or University-sanctioned off-campus events; b. University-organized or University-sanctioned events where students are acting as delegates or designated representatives of the University; c. Off-campus behaviour that has implications that will or may adversely impact a University community member on campus from a safety/security of person perspective This Code applies to students and student groups, and all references to "student" include "students" and "student groups." Student hosts are responsible for the conduct of their guests and the University expects and requires that they discourage inappropriate behaviour. All students and student groups are bound by University policies and regulations For individuals who are both students and employees of the University, the Director of Student Life (or Designate) will consult with the appropriate offices to determine whether or not the conflict or incident in question falls into the purview of the Student Code of Conduct Code proceedings may be instituted against a student charged with conduct that potentially violates both the Criminal Code of Canada and this Code of Student Conduct. Proceedings may be carried out prior to, simultaneous with, or following civil or criminal proceedings off-campus at the discretion of the Director of Student Life. Determinations made or sanctions imposed under this Code may not be subject to change because criminal charges were dismissed, reduced or resolved in favour of or against the Respondent The University reserves the right to: a. determine whether or not a matter should be addressed under this Code; b. take necessary and appropriate action to protect the safety and welfare of individuals on campus or the campus community as a whole notwithstanding this Code; c. use information provided by external agencies such as the police or the courts; d. determine whether or not behavioural restrictions should be put in place regardless of the location of the incident or the actions of external agencies such as the police or the courts The University may also invoke, in place of or in addition to its own procedures, civil, criminal, or other remedies which may be available to it as a matter of law. 9

10 6. PROCESS FOR DEALING WITH A BREACH OF COMMUNITY STANDARDS 6.1 FILING A COMPLAINT Any student, staff or faculty member (a Complainant) may file a complaint under this Code, alleging a breach of community standards by a student. An online complaint form can be found on the Student Code of Conduct page on the Mount Allison website. A paper version of the same form is available from the Student Life Office The complaint must be in writing with the Complainant s name and contact information; a residence incident report or a security report may constitute a complaint. Anonymous complaints will not be taken forward The complaint must be filed within thirty (30) calendar days of the alleged violation of the Code unless the Director of Student Life, or designate, upon first addressing the complaint, considers it reasonable to extend that time limit. Extensions are usually considered when there are extenuating circumstances related to the delay in lodging a complaint or if informal resolution was commenced within the 30-day time period A complaint must be filed with the Student Life Office or with designated Residence Life staff members within the residence system For cases involving personal safety, only the first name of the harmed party and Complainant may be provided to the Respondent The complaint will be considered and a determination made by the Director of Student Life, or designate, as to whether the complaint is within the jurisdiction of this Code. If the complaint does not fall within the jurisdiction of this Code, the complaint will be dismissed and the Complainant will be informed. If the complaint falls within the jurisdiction of another University policy, the Complainant will be notified accordingly If it is deemed that there is a potential conflict of interest between the Director of Student Life and one or more of the parties involved, the matter will be referred to the Vice-President, International & Student Affairs, to determine an appropriate course of action. 6.2 OPTIONS FOR ADDRESSING A COMPLAINT The University recognizes that many disputes can be resolved without resorting to the procedures in this Code. Wherever it is possible and proper to do so, members of the University community are encouraged to use constructive communication to encourage appropriate behaviour rather than invoking the complaint process. At the discretion of the Director of Student Life, other options may include informal conflict resolution, peer mediation and a restorative justice process. Student Life may: use an Informal Resolution process; If then the case Director falls into of the Code s jurisdiction, 10

11 refer the complaint to the Residence Life Code of Conduct (for residence cases only); refer the complaint to the University Judicial Panel; or use the Direct Resolution process. Typically, informal resolution options will be explored before the matter is referred to another process. 6.3 RESPONDING TO A COMPLAINT If it is determined by the Director of Student Life that the complaint falls within the jurisdiction of the Code, the Director of Student Life will proceed with the appropriate resolution process and notify the parties accordingly The Director of Student Life will contact the Complainant with the following information: a. Written confirmation that the complaint has been received; b. A written summary of the complaint resolution procedure and timeline to be followed; c. A written summary of the Complainant s rights and responsibilities under the Student Code of Conduct; d. A link to the Student Code of Conduct; and e. A list of on-campus resources in the event the Complainant would like access to an advisor or support person The Director of Student Life will contact the Respondent(s) with the following information: a. Written notification of the complaint; b. A written summary of the complaint resolution procedure and timeline to be followed; c. A written summary of the Respondent s rights and responsibilities under the Student Code of Conduct; d. A link to the Student Code of Conduct; and e. A list of on-campus resources in the event the Respondent(s) would like access to an advisor or support person Normally, the Director of Student Life will respond to complaints within ten (10) calendar days. 7. INFORMAL RESOLUTION Informal resolution provides the Complainant(s) with the option of seeking a facilitated or educative outcome to the complaint. Options include conciliation, mediation, restorative justice, conflict coaching, and advice. The purpose of Informal Resolution is to provide a forum for the Complainant(s) and Respondent(s), together or separately, to discuss the impact of the complaint and to seek agreement around redress and restoration. It is not meant to be a punitive process. The Director of Student Life may be the person who facilitates early settlement and/or an informal resolution process; however, he or she may also refer the matter to an alternative person or process. 11

12 7.1. If either party (i.e. the Complainant/s and the Respondent/s) does not respond to a notice for an Informal Resolution meeting, then the matter will normally proceed to the University Judicial Panel Informal resolution processes are confidential and personal information and admissions shared within the process may not be used by either party against the other in an adjudicative process unless otherwise stipulated. If the parties arrive at a mutually agreeable resolution, then the resolution/agreement may be shared with the appropriate third parties or decision-makers, but the content of the process remains confidential Facilitators of any informal resolution process provide a forum for participants to discuss the complaint, the impact of the incident/dispute, and develop a resolution that may include but is not limited to sanctions listed in Section 14 of the Code. If informal resolution is successfully reached and compliance (if applicable) is achieved, then the file will be closed In the case of mediation and restorative justice processes, where a resolution is not reached, the case will normally proceed to the University Judicial Panel. Also, where a resolution has been reached but the resulting agreement is not complied with, compliance measures outlined in Section 14 will be invoked or the matter may be referred to the University Judicial Panel During Informal Resolution, a student may bring an Advisor or Support Person. The Advisor or Support Person may not speak on behalf of the student but may offer support and guidance to the student in the presentation of his or her case. The name and contact details of the Advisor or Support Person should be provided to the Director of Student Life at least three (3) calendar days prior to any meeting or proceeding While the timelines for resolution will vary according to which process is employed, every effort will be made to seek an outcome within thirty (30) calendar days of the initiation of the complaint. 8. UNIVERSITY JUDICIAL PANEL Complaints that do not normally lend themselves to resolution through informal processes, as laid out in this Code, will normally be referred to the University Judicial Panel. Refer to Section 6.3 for Notification of Complaint guidelines. 8.1 NOTIFICATION OF UNIVERSITY JUDICIAL HEARING The University Judicial Panel will normally hear the case within fourteen (14) calendar days from the day the Director of Student Life responds in writing to the formal complaint (refer to Section 6.3). The Director of Student Life, or designate, will notify the parties of the date, time, and place of the hearing. 12

13 8.2 UNIVERSITY JUDICIAL PANEL HEARING PROCESS University Judicial Panel hearings provide an opportunity for a balanced airing of the case. The hearings are held in private (i.e. restricted to persons who have a direct role or interest in the hearing, or persons who are acting as Witnesses). At the discretion of the Session Chair, other persons may be admitted to the hearing for training purposes or other reasonable considerations The purpose of the University Judicial Panel Hearing is to provide a fair evaluation of the case and determine whether or not the Respondent is responsible for violating University regulations and to assign appropriate sanctions in the case where a student is found responsible. University Judicial Panel members will ask questions not only to determine whether or not there has been a breach, but also to determine what the impact of the behaviour was, the level of harm that has occurred and how that harm can be addressed. If a student is found responsible, then the University Judicial Panel will consider how the harm should be addressed and identify the appropriate sanctions The standard of proof required to determine that there has been a breach of the Code will be "on a balance of probabilities," meaning that the University Judicial Panel must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred The University Judicial Panel will attempt to make decisions by consensus. Where a decision proves to be challenging for the panel to achieve consensus, each member, with the exception of the Session Secretary (see Section 8.5.5), will have one vote and decisions will be made by a majority vote. and evidence such as those applied in a criminal or civil court are not used in Code of Student Rights & Responsibilities proceedings In order to ensure that its procedures are as fair as possible in the context of University circumstances and traditions, the University Judicial Panel shall comply with the following procedural guidelines: a. The Session Chair introduces the other Judicial Panel members and explains how the hearing will proceed. b. The Session Chair reads a description of the alleged Code breach and the reason for the hearing. c. An opportunity is presented to the Respondent to admit or deny responsibility in whole or in part. d. The Complainant presents the complaint and any supporting documentation and Witnesses to the University Judicial Panel. e. The Respondent has the opportunity to ask questions of the Complainant and any Witnesses through the Session Chair of the University Judicial Panel. Members of the University Judicial Panel will also have the opportunity to ask questions of the Complainant and his or her Witnesses. f. After the Complainant has presented the complaint, the Respondent will have the opportunity to present his or her response to the complaint, 13 Form alrules of pro

14 8.3 WITNESSES including any supporting documentation and Witnesses. Members of the University Judicial Panel will also have the opportunity to ask questions of the Respondent and the Witnesses. g. The Complainant has the opportunity to ask questions of the Respondent and his or her Witnesses through the Session Chair of the University Judicial Panel. Members of the University Judicial Panel will also have the opportunity to ask questions of the Respondent and the Witnesses. h. Both the Complainant and the Respondent then summarize the information that has been presented through documentation and Witnesses, explain their respective interpretations of that information and whether it shows that there has, or has not, been a breach of the standard of conduct contained in the Code. i. Both the Complainant and the Respondent will have the opportunity to suggest what remedies and sanctions, if any, they believe are appropriate to the matter before the University Judicial Panel. j. The decision of the University Judicial Panel will be put in writing no more than five (5) calendar days from the end date of the hearing and delivered to the Respondent(s) and the Complainant(s) by regular mail, Express Post or Mount Allison and filed with the Student Life Office. Whenever possible, decisions of the University Judicial Panel will also be made orally immediately following the hearing. k. Variations from procedural guidelines within this Section shall not necessarily invalidate a decision, unless significant prejudice to a student or the University may result. Complainants and Respondents may call witnesses. Witnesses must appear. It is the responsibility of Complainants and Respondents to notify their own willing witnesses of the time and place of the University Judicial Panel hearing. Complainants and Respondents must inform the Chair of the University Judicial Panel by noon on the day preceding the hearing of the names of any unwilling witnesses so that a notice of hearing can be delivered to such witnesses. 8.4 POSTPONEMENT A hearing may be postponed at the discretion of the University Judicial Panel if it has independent reasons to do so or upon the request of a party where the party satisfies the University Judicial Panel that the postponement is necessary for a fair hearing to be held. When deciding whether or not to grant a postponement, the University Judicial Panel may consider one or more of the following factors: a. the timeliness of the request; b. the adverse impact, if any, of postponement on the parties; c. whether postponements have been previously granted in the case; d. the consent of the parties; or e. any other relevant factor(s) The University Judicial Panel may grant a postponement on such terms and conditions as it considers appropriate and fair. Any parties seeking a postponement 14

15 shall seek the consent of the other key party or parties via the Student Life Office before bringing a request before the University Judicial Panel Whether consent is obtained or not, the party seeking the postponement is required to contact the University Judicial Panel via the Director of Student Life and put the request in writing. The request must include the reasons for the request, any relevant documentation, and must state whether or not the other party consents to the postponement. A copy of the request will be forwarded by the Director of Student Life to the University Judicial Panel as well as to the other party A party making a request for postponement will give the University Judicial Panel and the other party written notice of their request as soon as possible. Where possible, the University Judicial Panel will consider the request in advance of the original hearing date. Where this is impractical or impossible, the University Judicial Panel may consider the request as a preliminary matter on the hearing date. Either way, the University Judicial Panel will decide whether or not to grant the postponement request If the request is denied, the hearing will proceed on the originally scheduled date. T Judicial h eu n Panel ive rsity may, in its discretion, deny a postponement even though the parties consent. 8.5 SANCTIONS Where the University Judicial Panel finds that a breach of the Code has occurred, it has the authority to impose any of the sanctions and make any of the recommendations outlined in Section 14, depending on the gravity of the breach of the standard of conduct in question Where a University Judicial Panel is persuaded, by the information it has heard and reviewed, that there is a risk that the Respondent will engage in future behaviour that is likely to cause harm to others in the University community, the University Judicial Panel may recommend to the Vice-President International & Student Affairs suspension or expulsion. 8.5 UNIVERSITY JUDICIAL PANEL COMPOSITION The full membership of the University Judicial Panel consists of four (4) students, two (2) faculty members, and two (2) staff members appointed by the Vice- President International & Student Affairs upon recommendation by a selection committee comprising the Director of Student Life, the Student Union President (or designate), and a faculty representative. a. Student members of the University Judicial Panel will serve a one one-year term (September April), renewable annually up to a maximum of three years. Requests for renewal must be submitted in writing to the aforementioned selection committee for review and decision by January 31 of each year. Students interested in serving on the University Judicial Panel 15

16 must submit an application of the Student Life Office by the posted deadline. The selection committee (8.5.1.) will review the applications and submit all recommendations for appointment to the Vice-President International & Student Affairs. b. Faculty members of the University Judicial Panel will serve one two-year term (September April), whereupon they are eligible for renewal in oneyear increments up to a maximum service period of five (5) consecutive years. Faculty members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the aforementioned selection committee. c. Staff members of the University Judicial Panel will serve one three-year term (September April), whereupon they are eligible for renewal in oneyear increments up to a maximum service period of six (6) consecutive years. Staff members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the aforementioned selection committee The University Judicial Panel membership will select one member to serve as General University Judicial Chair. The General University Judicial Chair will serve as a liaison between the University Judicial Committee and the Student Life Office A University Judicial Panel that is in session will consist of four members: two students, one staff member, and one faculty member. This forms the basis of quorum. a. For any University Judicial Panel in session, the remaining four Panel members will be held in reserve in the event they are called upon to form an Appeal Panel (refer to Section 9.2.) The Judicial Panel members will elect a Session Chair for the proceedings. In rare circumstances when a Judicial Panel matter continues over a period of time and one Judicial Panel member becomes unavailable for unavoidable reasons such as a medical emergency, the remaining Judicial Panel members may complete the proceeding. If the Judicial Panel member who is unavailable was the Session Chair, one of the remaining members will become the Session Chair The Judicial Panel members will elect a Session Secretary for the proceedings. In the event the University Judicial Panel is unable to reach a decision by consensus and a vote is taken, the Session Secretary can register his/her views on the case but cannot vote. This ensures the final decision is reached by a majority vote (Section ) a. In the event one member of the Judicial Panel is unavailable to vote, the Session Secretary will be called upon to vote. This ensures the final decision is reached by a majority vote (Section ) Unless otherwise stipulated, the University Judicial Panel will meet at the call of the General University Judicial Chair. 16

17 9. APPEALS OF UNIVERSITY JUDICIAL PANEL DECISIONS 9.1 GROUNDS FOR APPEAL A student or the University may appeal a University Judicial Panel decision or request a review of any imposed sanction(s) to the Appeal Panel on one or more of the following grounds only if: a. the University Judicial Panel had no power under this Code to reach the decision or impose the sanctions it did; b. the University Judicial Panel made a fundamental procedural error seriously prejudicial to either party; c. the sanctions are unnecessarily punitive and/or do not fit the violation for which the Respondent has been found responsible or would benefit from a review on compassionate grounds (this ground may only result in a review of sanctions); or d. the Appellant has new evidence to present that could not reasonably have been presented earlier such as, but not limited to, evidence from an appropriate professional indicating that the appellant s behaviour was attributable to a previously unrecognized health problem. Where medical or psychological documentation is produced concerning health issues that pertain to safety and security considerations, the University reserves the right to refer the Appellant for assessment by an independent medical/psychological expert approved by the University The grounds for appeal, including all supporting information, must be described and delivered in writing to the Student Life Office within ten (10) calendar days following the date on which the written decision of the University Judicial Panel was issued. 9.2 COMPOSITION OF THE APPEAL PANEL The Appeal Panel will consist of four members from the University Judicial Panel: two students, one staff member, and one faculty member. No members of the Appeal Panel will have served on the University Judicial Panel that heard the original case. 9.3 PRELIMINARY ASSESSMENT OF THE MATERIALS The Appeal Panel will do a preliminary assessment of the written material before holding an oral hearing. If it has concluded that the appeal cannot succeed on any of the grounds provided in above ( Grounds for Appeal ), the appeal may be dismissed without further process such as either an oral hearing or further written hearing. If the appeal relies on grounds (a), (b), or (c) in Section 9.1. above and no other grounds, the hearing may be conducted in writing only. 9.4 APPLICATION OF SANCTIONS Only monetary sanctions are automatically suspended pending the outcome of the appeal. Nonmonetary sanctions remain in force pending the outcome of the appeal. The Appellant may 17

18 apply to the Appeal Panel to stay the enforcement of the sanctions pending the outcome of the appeal. The Appeal Panel will convene a hearing at the earliest possible date to deal with the request for a suspension of sanctions. Where a more urgent response is required, application may be made to the Vice-President, International & Student Affairs. 9.5 NOTICE OF THE HEARING The Appeal Panel will hear the appeal within fourteen (14) calendar days except in exceptional circumstances, and will give the parties notice of the time and place of the appeal hearing. 9.6 WRITTEN HEARING The written hearing will be conducted within fourteen (14) calendar days. The Appeal Panel will review the materials in closed session and then make a decision. 9.7 ORAL HEARING The oral hearing will follow the same general procedural guidelines as outlined in Section 8.1. It is not the purpose of the Appeal Hearing to re-hear the case, rather the scope of the hearing will be limited to the Appellant making a case that his or her grounds for Appeal have been met. 9.8 THE DECISION The appeal will be considered by the University Appeal Panel. The Appeal Panel will render a written decision no more than five (5) calendar days from the end of the Appeal Panel hearing. The Appeal Panel has the authority to do the following: 1. allow the appeal in part or in whole; 2. affirm or modify the University Judicial Panel decision; 3. affirm, reduce or increase the sanctions appealed against; or 4. require that the original University Judicial Panel conduct a new hearing or reconsider some aspect of its decision. The written decision of the Appeal Panel will be delivered to the Appellant, the Respondent on Appeal and the Student Life Office by regular mail, Express Post or . The decision will be filed with the Student Life Office. The binding AppealPaneldecision and may not be is finaland appealed. If a new hearing is granted, then the subsequent decision is final and binding and also may not be appealed. 10. STUDENT RIGHTS AND RESPONSIBILITIES AT A UNIVERSITY JUDICIAL HEARING AND APPEAL HEARING 10.1 RIGHTS OF THE COMPLAINANTS AND RESPONDENTS The right to see all the documentation that the Complainant or Respondent will present The right to prior notice of hearing: a. In the case of a Formal Resolution: notice of at least five (5) calendar days. Where there are circumstances that warrant more urgent handling, the 18

19 notice period may be shortened at the discretion of the decisionmaker/decision-making body (e.g. Director of Student Life, University Judicial Panel). The hearing notice will be hand-delivered, or sent by Mount Allison , regular mail, or Express Post. The hearing will be "private" as explained in Section b. In the case of a University Judicial Panel: notice of at least seven (7) calendar days. Where there are circumstances that warrant more urgent handling, the notice period may be shortened at the discretion of the decision-maker/decision-making body (e.g. Director of Student Life, University Judicial Panel. The hearing notice will be hand-delivered, or sent by , regular mail or Express Post. The hearing will be "private" as explained in Section The right to have an Advisor: a. During a University Judicial Panel hearing or a University Appeal Panel hearing, a student may bring an Advisor or Support Person. The Advisor or Support Person may not speak on behalf of the student but may offer support and guidance to the student in the presentation of his or her case. The name and contact details of the Advisor or Support Person should be provided to the Director of Student Life at least three (3) calendar days prior to the hearing date. b. A student is responsible for selecting as his or her Advisor a person whose schedule allows attendance on the scheduled date and time for the hearing. If a party wishes to request a postponement, he or she may do so by following the procedures outlined in Section 10.3 ( Postponements ). Parties are asked to request dates as close as possible to the original hearing date so that the hearing is timely for both parties Additional Student Rights at a University Judicial Panel or University Judicial Panel Appeal Hearing: a. Students have the right, before the merits of the case are heard, to challenge the suitability of any decision-maker hearing the case if there is a reasonable apprehension of bias against the Respondent s case. If such a challenge is made, the individual decision-maker or whole panel will determine if a reasonable apprehension of bias is warranted. Its decision will be final. If it does find a reasonable apprehension of bias against the Complainant s or Respondent s case, it will direct the University Judicial Panel selection committee to appoint a new panel member or reschedule the hearing with a new panel member or a newly constituted panel. b. A student has the right to have his or her case heard in a timely manner, meaning within approximately 20 calendar days after the determination that the complaint will be heard by the University Judicial Panel and alternative resolution measures have been unsuccessful, except where emergency measures have been invoked or in other exceptional circumstances (such as University holiday closure). c. Under the provisions of the New Brunswick Human Rights Act, students with disabilities may require reasonable accommodation in relation to a Code proceeding. In such cases, the student is required to provide medical 19

20 or psychological documentation to the Meighen Centre. With student consent, the Meighen Centre will confirm and specify the functional impairment and, where applicable, will specify the accommodation that is required Student Responsibilities at Any Hearing: a. At least three calendar days before a Formal Resolution and at least five calendar days before a University Judicial Panel, parties must: i. Deliver original documentary evidence and any written submissions about them that the party wishes to provide in advance to the Director of Student Life. ii. Advise the University Judicial Panel c/o the Director of Student Life iii. of any Witnesses that will be attending at the party s request. Advise the University Judicial Panel c/o the Director of Student Life whether or not they will be bringing a support person/advisor to the hearing. b. Respondents are expected to attend hearings in person even if they have an Advisor. Failure to attend a hearing may result in the case being heard and determinations made in the absence of the Respondent s own evidence being considered. c. A student is responsible for selecting as his or her Advisor a person whose schedule allows attendance at or near the scheduled date and time for the hearing so that the hearing is timely for both parties. d. It is the student s responsibility to provide the University with his or her current and actively used contact information. If a student fails to receive any notice under this Code by reason of the student s own failure to meet this requirement, such notice will still be treated as valid and effective. 11. DIRECT RESOLUTION When reviewing a complaint, the Director of Student Life may determine that the case is more appropriate for direct resolution and, as a result, may invoke that process. Complaints that are normally subject to Direct Resolution are those which may require an expanded investigation, sensitivity around confidentiality, or more immediate action because of concern to individual or community safety. When the Direct Resolution process is undertaken, the Director of Student Life (or designate) will initiate an investigation and notify all involved parties accordingly as outlined in Section 6.3. For cases involving allegations of danger to personal or community safety, the Director of Student Life (or designate) may order interim sanctions or restrictions. a) If, at any time, the Director of Student Life (or designate) determines that the complaint no longer warrants or cannot be dealt with effectively via direct resolution, the Director of Student Life (or designate) may refer the complaint to the University Judicial Panel. 20

21 b) During Formal Resolution, a student may bring an Advisor or Support Person. The Advisor or Support Person may not speak on behalf of the student but may offer support and guidance to the student in the presentation of his or her case. The name and contact details of the Advisor or Support Person should be provided to the Director of Student Life at least three (3) calendar days prior to any meeting or proceeding INVESTIGATION The Director of Student Life (or designate) will gather the facts of the case by meeting separately with the parties, and if necessary, with any relevant Witnesses that have been identified. Normally the Director of Student Life (or designate) will meet first with the Complainant and Witnesses for the complainant before meeting with the Respondent. The Director of Student Life reserves the right to call upon additional University staff members, as necessary, to assist with or lead the investigative process. The Director of Student Life will also review relevant policies and any relevant documents and information that are provided to him or her. Sanctions that may be considered are outlined in Section 14. The Respondent will be given an opportunity to comment on the appropriateness of any sanctions that are within the authority of the Director of Student Life and which may be applicable in his or her situation. When a response is required, the Respondent must respond by the deadline and in the manner (i.e. in person or writing) required by the Director of Student Life. Where a meeting has been scheduled to enable the Respondent to be heard in person on the matter by the Director of Student Life, but the Respondent does not attend despite having been informed of the appointment in writing, the Director of Student Life may proceed without scheduling another such meeting and may reach a decision on responsibility based on the information and documentation she or he has received and reviewed THE STANDARD OF PROOF The standard of proof required to determine that there has been a breach of the Code will be "on a balance of probabilities," meaning that the Director of Student Life (or designate) must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred THE DECISION Normally, the investigative process will conclude and a decision be rendered by the Director of Student Life within fourteen (14) calendar days of the investigation s initiation. Formal written notification of that decision will normally come within five (5) calendar days. If the Director of Student Life (or designate) determines that there has been a breach of this Code, then sanctions may be imposed. In the event the Director of Student Life recommends University suspension or expulsion, the case will be forwarded to the Vice-President International & Student Affairs for a final decision. 21