Procedures

Procedures

Per the components of natural justice, Brock University Disciplinary Panel procedures are initiated by reasonable notice to the parties involved of the nature and source of an allegation of misconduct, followed by an opportunity for the parties to hear and answer any evidence used to substantiate the allegation, an opportunity for the parties to submit evidence and arguments, and the right to a decision on the merits of the case by a disinterested person or persons.

The standard of proof for rendering a decision on matters relating to the Student Code of Conduct shall be the civil law standard of "on balance of probabilities" or "the preponderance of evidence."  All students will be afforded a hearing free from bias.  In the event of a conflict of interest with a member of the University Discipline Panel, that member shall be excused from the proceedings.

Pre-Hearing_Procedures

Hearing_Procedures

Procedure_for_Appeals_applied_by_the_University_Discipline_Panel

Appeals_of_Sanction_Applied_by_Associate_Vice_President_Student_Services_

Membership_of_University_Appeal_Board

Pre-Hearing Procedures
1. Upon an alleged breach of the Student Code of Conduct, a student shall receive notification in writing of the following:

  • nature of the breach
  • any evidence of the alleged breach
  • disciplinary procedures which will be followed
  • possible sanctions if the student is found responsible of the breach.

2. Usually, the student will receive notification of a hearing within ten (10) working days of the alleged incident, and at least five (5) working days prior to the scheduled hearing.

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Hearing Procedures

1. Hearings of the University Discipline Panel shall be informal and will be conducted as follows:

  • At a hearing, the University Discipline Panel may receive evidence directly from witnesses or in the form of written reports. The accused may call witnesses, but must inform the Manager, Residence Life and Student Affairs of the names of such witnesses twenty-four (24) hours prior to the University Discipline Panel meeting. Failure to do so may result in said witness testimony being excluded from the proceedings.
  • Any party to the proceedings at the hearing may call witnesses and cross-examine witnesses called by another party. The University Discipline Panel may limit the number of witnesses or amount of cross-examination where further evidence or cross-examination will be repetitive or irrelevant (as determined by the Chair and/or the Manager, Residence Life and Student Affairs).
  • Legal counsel are not permitted at a hearing of the Univeristy Discipline Panel.  Students may have the Ombuds Officers as an advisor.
  • Students shall be permitted to have one person acting in support at a hearing. This is in addition to the Ombuds Officer, who may also act as an advisor for the student at a hearing.
  • In the event that a student fails to appear for a hearing, the hearing will be conducted in his/her absence. Normally, the student will be sent notification of the outcome of the hearing within five (5) working days. Failure to appear is not a legitimate ground for appeal.
  • The University Discipline Panel shall seek consensus in order to make recommendations to the Associate Vice-President, Student Services on the validity of an allegation and on appropriate sanctions. In the absence of a consensus, the Chair may request a vote and shall make recommendations supported by a majority of the University Discipline Panel. University Discipline Panel members may not abstain from a vote.
  • Recommendations of the University Discipline Panel will be implemented at the discretion of the Associate Vice-President, Student Services or designate, under the authority delegated by the President of the University.
  • The student shall be notified at the conclusion of deliberations regarding the decision, of any sanctions applied and the appeal procedure available.
  • The rules of evidence applicable in civil and criminal proceedings shall not apply to the hearing. Evidence which is not substantially relevant shall be excluded.

Sanctions and Penalties

1) The Panel may impose any one or any combination of the following sanctions:
   1. a letter of reprimand;
   2. a period of probation during which further proven incidents would be subject to automatic sanctions;
   3. restitution for damages;
   4. letter of apology;
   5. fines not to exceed $500.
   6. removal of privileges for use of licensed facilities on campus;
   7. a period of service to the University or the Student Union not to exceed 21 hours;
   8. completion of an educational program or project;
   9. suspension from extra-curricular activities of the University community for a specified period of time not to exceed one year.

2) The Panel may recommend to the Associate Vice-President (Student Services) the following sanctions:
   1. exclusion from facilities of the University (whole or part) for a specified period of time, not to exceed one year;
   2. suspension from the University;
   3. expulsion from the University.

3) In exceptional circumstances, the Panel may recommend a sanction which is not listed above to be considered by the Associate Vice President (Student Services).

Appeals
1) Suspensions, expulsions and exclusion from academic areas of the campus may be appealed to the University Appeal Board through the Office of the Vice-President, Academic.

2) Any other decision of the University Discipline Panel, may be appealed through the office of the Associate Vice-President (Student Services).

3) Either party may appeal a decision of the hearing panel on the following grounds:
   1. Where new evidence emerges which was not available to a party at the time of the original hearing
   2. There was clear evidence of bias
   3. Where the disciplinary procedures were not followed and where the outcome of the case at the original hearing might have been substantially affected thereby

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Procedure for Appeals applied by the University Discipline Panel

1) Appeals must be submitted in writing to the Office of the Associate Vice-President Student Services within ten (10) working days of the student’s hearing. The appeal must be signed by the student and include the grounds and supporting evidence for the appeal.

2) The Associate Vice-President will review and decide whether to accept the identified ground(s) for appeal.

3) If the application for appeal is accepted, the Associate Vice President shall meet with the student within ten (10) working days of receiving the application for appeal.

4) After the meeting with the student the Associate Vice-President will decide on one of three rulings:

   1. Appeal Denied – Sanctions are upheld
   2. Appeal Accepted – All sanctions removed
   3. Appeal Accepted in part – Sanctions adjusted (sanctions may only be lowered and no additional sanctions can be added)

5) The Associate Vice President Student Services shall produce a letter to both the sanctioned student and SCAO within five (5) working days after the appeal meeting. This written report shall include:

  • The ruling
  • The rationale for the above ruling
  • Deadlines for any sanctions required
  • Consequences for non-compliance with any required sanctions

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Appeals Of Sanctions Applied by Associate Vice President (Student Services)

After a sanction of expulsion, suspension or exclusion from facilities of the University (whole or part) for a specified period of time, not to exceed one year is/are recommended by the committee and that recommendation is approved by the Associate Vice President Student Services, the sanctioned student may appeal on the following grounds:

  • Where new evidence emerges which was not available to a party at the time of the original hearing
  • There is clear evidence of bias
  • Where the disciplinary procedures were not followed and where the outcome of the case at the original hearing might have been substantially affected thereby

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Membership of University Appeal Board

The board shall be comprised of members appointed for a one to three year term by the Vice President Academic. The following is the make-up of the committee:

1. Vice President Academic (Chair)
2. One Faculty member (two – three years)
3. One Staff person (two – three years)
4. One Student holding no position within Residence or BUSU (one – two years)

Procedure

1) Appeals must be submitted in writing to the Office of the Vice-President Academic within ten (10) working days of the student having received notification of sanctions from the Associate Vice President (Student Services). The appeal must be signed by the student and include the grounds and supporting evidence for the appeal.

2) The Vice President will review and decide whether to accept the grounds of the appeal.

3) If the Vice-President accepts the application for appeal, the University Appeal Board will be called to meet within ten (10) working days after receiving the appeal.

4) Both the sanctioned student and the Manager, Residence Life and Student Affairswill be notified of the meeting and shall be present for the appeal. Both parties may bring legal counsel, however the Vice President Academic must be notified five (5) working days prior to the hearing. Legal Counsel is to act in an advisory role only and shall not have standing to make representations at the hearing.

5) The appeal process will open with the Chair reading the letter outlining the grounds of appeal submitted by the sanctioned student. Both the sanctioned student and then the Manager, Residence Life and Student Affairs will respond to the reading of the appeal letter.

6) Board members may then ask any question that the Chair deems appropriate to either the sanctioned student or the Manager, Residence Life and Student Affairs.

7) The Board will then deliberate on camera and will rule in one of the following ways:

   1. Appeal Denied – Sanctions are upheld
   2. Appeal Accepted – All sanctions removed
   3. Appeal Accepted in part – Sanctions adjusted (sanctions may only be lowered and no additional sanctions can be added)

8) The Chair will produce a written report to both the sanctioned student and Manager, Residence Life and Student Affairs within five (5) working days after the appeal proceedings. This written report shall include:

  • The ruling of the board
  • The rationale for the above ruling
  • Deadlines for any sanctions required
  • Consequences for non-compliance with any required sanctions

Official Minutes, Records and Statistics

1. Records of charges and sanctions, other than suspension or expulsion, will not be placed in student academic records, but will be maintained as part of Student Development Centre’s confidential records for a period of up to four (4) years after the student graduates or ceases to be a student at Brock University.
2. The Manager, Residence Life and Student Affairs will compile an annual summary to the Committee and report to the Associate Vice President (Student Services) of the number and nature of cases heard, decisions taken and sanctions imposed.

Financial Procedures

1. Students whose sanctions include some form of financial restitution will be given the opportunity to make payment to Residence Life. Failure to pay within the designated time [lines] will result in the outstanding debt being added to the student's university account.

Failure to fulfill the obligations under any sanction will result in an additional $50 fine for every sanction not complied with by the designated deadline, and the obligations under the sanctions must still be completed.

Amendments

The procedures of the Associate Vice President's (Student Services) Non-Academic Discipline Panel may be amended by the Associate Vice President (Student Services) after consultation with the Advisory Committee. A review of the policies and procedures will be completed annually by the Advisory Committee.

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