2001-2002 Undergraduate Calendar-Code of Student Conduct and Disciplinary Procedures in Non-Academic Matters

Last updated: November 7, 2001 @ 02:13PM

Code of Student Conduct and Disciplinary Procedures in Non-Academic Matters

I. Definitions

1.	The term "University" means Brock University.
2.	The term "student" includes all persons taking one or more courses at the University, both full-time and part-time, pursuing undergraduate, graduate or professional studies.
3.	The term "University official" means any person employed by the University or by the Students' Union performing assigned administrative or professional duties.
4.	The term "member of the University community" includes any person who is a student, faculty member, staff member, University official or any person employed by the University. A person's status in a particular situation shall be determined by Brock University.
5.	The term "University premises" includes all land, buildings, facilities, roadways, and other property in the possession of or owned, used, or controlled by the University.
6.	The term "Discipline Panel" includes any person or persons authorized by the Associate Vice President Student Services to determine whether a student has violated the Code of Student Conduct and to impose sanctions.
7.	The term "Discipline Officer' means a University official authorized by the Associate Vice President Student Services to determine whether a student has violated the Code of Student Conduct and to impose sanctions. The Associate Vice President Student Services may authorize the Discipline Officer to serve simultaneously as the Discipline Officer and the sole or one of the members of the Discipline Panel.
8.	The term"shall" is used in the imperative sense.
9.	The term "may" is used in the permissive sense.
10.	The term "Associate Vice President Student Services" is that person designated by the University President to be responsible for the administration of the Code of Student Conduct.
11.	The term "policy" is defined as the written regulations of the University as found in, but not limited to, the Code of Student Conduct, Residence Handbook and Graduate/Undergraduate calendars.

II. University Jurisdiction

Brock endeavours to provide a working and learning environment of the highest quality, supportive of scholarship and research and free from stereotyping, harassment and discrimination. We believe that the members of the University community must lead the way toward becoming a humane and just society - where interpersonal interactions are based on honesty and integrity,where race, ancestry, place of origin, citizenship, creed, sex, age, sexual orientation, marital status, family status or disability make no difference, where respect for individual worth prevails, and where violence is not tolerated in any form.

This Code of Conduct and statement of disciplinary procedures seeks to support the above principles by outlining student responsibilities, rights and privileges, by detailing specific behaviours which are unacceptable and by describing the disciplinary procedures for dealing with infractions of the Code. Brock University is a community which exercises jurisdiction and authority on campus as far as it is necessary to ensure a safe and orderly operation of the University.

III. Student Responsibilities, Rights and Privileges

Students may think, speak, write, create, study, learn, pursue social, cultural and other interests and associate together for these purposes subject to the principles of mutual respect for the dignity, worth and rights of others as outlined by the Ontario Human Rights Code. All members of the University community, as members of society at large, are responsible to abide by federal, provincial and municipal laws in addition to University regulations. Every student has the right to a full, equal and fair hearing by an impartial tribunal for any disciplinary charges brought against him or her under University regulations. Every student who is charged with a disciplinary offense has a right to present a defence. Particularly every student has a right:

·	to be promptly informed in writing of the nature of the charge
·	to refuse to answer incriminating questions
·	to present and examine witnesses, and to cross examine witnesses present who testify against him or her
·	to be accompanied by an adviser and/or support person from the Brock community as outlined in the relevant panel's policies and procedures

The University upholds and will take reasonable steps to ensure students of the following privileges:

1. Participation in University and Student Government
Students may participate in formulation and application of institutional policy affecting academic, extra-curricular and student union affairs.

2. Freedom of Discussion
Traditional privileges of a university of freedom of inquiry and freedom of expression can be assured only if all members of the community share the responsibility of granting these freedoms to others and accept the obligation for a standard of behaviour which respects the rights of others.

3. Assembly
Peaceful assemblies, demonstrations and lawful picketing are allowed within established laws to the extent that they do not interfere with the rights and privileges of others or with the normal functions of the University.

4. Fairness
Consistency and fairness are ensured by the procedures outlined in sections IV, V, VI and VII below.

5. Confidentiality
Confidentiality of University records relating to each student is protected. For further details refer to the following published statements: Student Record Policy (Office of the Registrar), Confidentiality in Counselling, Confidentiality and Security of Library Records.

6. Safety
The University is committed to maintaining safe conditions of living, learning and studying.

7. Access to Facilities and Services
Access to buildings and facilities is governed by regulations which are necessary for the safety and security of students. The University accepts the obligation to provide adequate access to persons with physical disabilities.

8. Access to Licensed Facilities and Events
Access to campus events where alcohol is served is subject to restrictions for persons under 19 years of age. Students who are of age must make responsible choices regarding the use of alcohol in order to maintain their privilege to attend such events.

IV. Non-Academic Misconduct

Recognizing that an exhaustive list of all possible misconduct cannot be provided, the following list is offered as a guide. Any of the following activities constitutes an offense under the Code and is subject to disciplinary procedures and sanctions outlined in sections V and VI below. Furthermore, the activity may be subject to criminal prosecution notwithstanding and in addition to this Code.

1. Disruptions
No student shall, by action, words, written material, or by any means whatsoever, obstruct University activities or services. University activities and services include but are not limited to teaching, research, studying, student events, administration, meetings and public service.

2. Verbal/Physical Abuses, Threatening Behaviour and Dangerous Activity

No student shall:

·	verbally abuse any member of the University community
·	physically abuse, threaten or cause any other member of the university community to fear physical abuse
·	create a condition which endangers or threatens the health, safety or well-being of themselves or others

3. Inciting Violence
No student shall, on University property, individually or with a group and in connection with a demonstration including picketing or a rally:

·	use words which threaten violence or physical abuse to any group or individual
·	use words in a situation of clear and imminent danger which incite others to behaviour which violates any article of this Section

4. Harassment
No student shall harass another person. Harassment is defined as any unwanted behaviour (physical, verbal, written or otherwise) directed at an individual or group by another individual or group who know(s) or ought reasonably to know that this behaviour is unwanted (see also the University Policy on Harassment and Discrimination).

5. Unauthorized Entry and/or Presence
No student shall enter or remain in any University facility, room or office without proper authority. Facilities include but are not limited to the following: the Student Centre, parking lots, athletic fields, campus buildings, campus areas, off-campus residences and teaching sites. Campus Police may charge students under the Trespass to Property Act.

6. Damage and Destruction of Property

No student shall:

·	misappropriate, destroy or otherwise damage University property
·	misappropriate, destroy or otherwise damage any property not the person's own on University property
·	deface the inside or outside of any building or property of the University
·	be found in possession of food or drink in any of Brock's performance spaces

7. Unauthorized Use of Facilities, Equipment, Materials or Services

No student shall:

·	use any facility, equipment, material or service contrary to express instruction or without proper authority;
·	obtain any University equipment, material or service by fraudulent means or by providing false information.

8. Misuse of University Supplies or Documents
No student shall, without proper authority, make, alter, use, receive or possess University supplies or documents. University supplies and documents include but are not limited to equipment, keys, records and permits.

9. Misuse of Library or Computer Resources

No student shall:

·	remove books or other library material from the university libraries without proper authorization
·	mutilate or deface library books or material
·	purposefully misplace library books or material or in any way deprive others of the opportunity to have access to library resources
·	abuse any University computer or computer related facility or software, alter or remove computer files or software without proper authorization, purposefully misplace them, or anyway deprive others of the opportunity to have access to computer resources
·	use computer equipment on campus to download, distribute or send sexually explicit materials

10. Identification
No student shall refuse to identify himself or herself upon request by a University official acting in the course of that person's duties.

11. Aiding and Abetting
No student shall aid or abet another person in the commission of any infraction of the Code. Students who assist in misconduct will be liable for that infraction.

12. False Charges
No student shall bring a false charge against any member of the University community.

13. Misconduct Related to the Use of Alcohol

No student shall:

·	be intoxicated on University premises
·	invite, sign in, or admit as his/her guest a non-student of Brock except as s/he assumes full responsibility for the guest's behaviour as it relates to the Code of Student Conduct
·	be in possession of or consume alcoholic beverages at an event designated as a "dry" event
·	be in possession of or consume alcoholic beverages while not in possession of authorized admission to a pub or event
·	consume alcohol anywhere on campus if under the age of 19 years
·	knowingly furnish alcoholic beverages to any person under the age of 19 years

NOTE: Intoxication is never grounds for leniency. Rather, excessive drinking itself is subject to sanctioning, notwithstanding and in addition to sanctions imposed for misconduct associated with drinking.

14. Hazing
No student shall engage in hazing which is defined as an act which endangers the mental or physical health or safety of a student, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

15. Theft, Illegal or Unauthorized Possession

No student shall:

·	possess University property or the property of any member of the University community without the consent or authority of the University or the rightful owner
·	use, possess, or distribute a narcotic or other controlled substance except as expressly permitted by law
·	use, possess, or distribute alcoholic beverages except as expressly permitted by law and by the University regulations
·	possess illegally or without authorization firearms, explosives, other weapons or dangerous chemicals on University premises

16. Failure to comply

No student shall:

·	fail to comply with directions of University Officials, Campus Police, or other law enforcement officers acting in performance of their duties;
·	fail to comply with published University policies, rules or regulations.

17. Abuse of the Disciplinary System

No student shall:

·	falsify, distort, or otherwise misrepresent information before the Discipline Panel
·	disrupt or interfere with the orderly conduct of the disciplinary hearing
·	knowingly falsify an incident report on another student
·	attempt to discourage an individual's proper participation in, or use of the disciplinary system
·	attempt to influence the impartiality of a member of the Discipline Panel prior to, and/or during the disciplinary proceeding
·	harass (verbally or physically) and/or intimidate a member of a Discipline Panel prior to, during, and/or after a disciplinary proceeding
·	fail to comply with the sanction imposed
·	influence or attempt to influence another person to commit an abuse of the discipline system

If the panel deems any of the above offences to have occured during the course of a disciplinary proceeding, there will be an immediate and automatic doubling of all sanctions.

V. Non-Academic Misconduct Sanctions

1. Temporary Suspension and Trespass Sanctions
The University reserves the right to intervene in disciplinary situations where students' behaviour affects others' use and enjoyment of University privileges and facilities. Pending convening of a Discipline Panel hearing, the Associate Vice-President (Student Services) or the Vice-President (Academic) may apply a temporary university-wide trespass/suspension sanction and the Director of Residence Services may apply a temporary residence trespass sanction, in the appropriate circumstances. These circumstances are where they determine there are reasonable grounds to believe that the safety of other people is endangered, that there is a high potential of physical danger in the student's continued presence, that damage to University property is likely, or that the continued presence of the student would be disruptive. Upon such a decision, the student will be excluded from residence or campus effective immediately, for as long as reasonably required by the nature of the danger. A formal discipline hearing should be held within 10 working days of notice to the student of this decision, during which time the student may only enter the residence and/or campus for discipline appointments with proper notice and an escort.

2. Criminal Offenses
Criminal offenses committed on the University campus against persons or property reported to Brock University Campus Police normally will be dealt with according to the law. When a student isinvolved, Campus Police will notify the Associate Vice-President (Student Services). The Associate Vice-President (Student Services) will determine if the matter may be subject to University discipline under this Code, notwithstanding and in addition to criminal prosecution or civil actions.

3. Residence Offense Sanctions
Sanctions for residence offenses are defined under the Residence Agreement and Rules and Regulations of Residence.

4. Minor Offense Sanctions
Minor misconduct is dealt with in the area or department where it occurs. The officer of the University in whose jurisdiction an incident occurs may apply the following minor sanctions:

·	a period of service to the University or the Students' Union to a maximum of 3 hours (by the Chief of Campus Police or the BUSU Business Manager)
·	exclusion from a class for the class period in which the misconduct occurs (by the instructor)
·	exclusion from other University facilities for a maximum of 48 hours (by the Director of the facility)
·	exclusion from access to campus computing resources for a maximum of one week (by the Systems Services Department's Systems Administrators)
·	exclusion from the Student Centre Pub and/or liquor service events for an indefinite period of time (by the BUSU Business Manager, the Student Centre Pub Manager, or the Director of Residence and Food Services)
·	payment for damages of $100 or less (by the Director of the facility, the BUSU Business Manager, or the Circulation Librarian)

5. Other Offense Sanctions
The University Discipline Panel may apply any one or any combination of the following sanctions:

·	A letter of reprimand
·	A period of probation during which further incidents will be subject to automatic sanctions
·	Restitution for damages
·	A verbal and/or written apology
·	Fines not to exceed $500
·	Removal of privileges for use of licensed facilities on campus
·	A period of service to the University or the Student Union not to exceed 21 hours
·	Completion of an educational program or project
·	Suspension from extra-curricular activities of the University community for a specified period of time not to exceed one year

The University Discipline Panel may recommend to the Associate Vice-President (Student Services) the following sanctions:

·	Exclusion from facilities of the University (in whole or in part) for a specified period of time not to exceed one year
·	Suspension from the University
·	Expulsion from the University

The Associate Vice-President (Student Services) may uphold the recommendation and apply the sanction to the student, or apply a lesser sanction.

In unusual circumstances, where the University Discipline Panel decides on a sanction which is not listed above, the Panel may recommend an exceptional sanction to be considered by the Associate Vice-President (Student Services).

VI. Student Discipline Procedures

1. Residence Offense Procedures
Any breaches of the Residence Agreement or residence rules or regulations will be handled in the first case by the Department of Residences disciplinary procedures and sanctions. In addition to sanctions applied within the Department of Residences, in serious offenses the Director of Residence and Food Services may forward the case to the University Discipline Officer for action under the"Other University Offenses" section of this code.

2. Minor Offense Procedures
Minor misconduct is dealt with in the area or department where it occurs. The official of the University in whose jurisdiction an incident occurs will notify the University Discipline Officer when:

·	satisfactory resolution of minor allegations and sanctions cannot be achieved between the student and the University official
·	minor infractions are repeated by the same student
·	the University official believes the infraction warrants a sanction greater than the minor offense sanctions listed in Section V

Any University Officials who apply these minor sanctions shall report to the Associate Vice-President (Student Services) annually in May regarding the number and type of minor sanctions imposed in the preceding 12 months.

3. Other University Offense Procedures
Notice of an alleged offense under the Code may be filed with the University Discipline Officer by any member of the Brock community within 10 business days of the incident in question. This time period for filing an alleged offense may be extended at the discretion of either the Associate Vice President Student Services or the Discipline Officer. Incident report forms must be completed in full and are available from the University Discipline Officer.

The University Discipline Officer may:

·	dismiss the matter;
·	interview the student independently and impose any of the offense sanctions listed in Section IV or V;
·	refer the matter to the University Discipline Panel, and arrange for the student to appear at a specified hearing of the Panel, providing the student with a copy of University Discipline Panel Procedures.

VII. Student Appeal Procedures

1. Informal Appeals
Students who believe that they have been treated in an unfair or otherwise inappropriate manner in the course of their dealings with an office of the University are encouraged to address their concerns in the first instance directly to the office in question, normally to the senior administrator of the office. Where this seems inappropriate or does not lead to a satisfactory resolution, students may wish to consult the Ombuds Officer for advice regarding formal avenues of appeal.

Formal appeal procedures are available as outlined below.

2. Residence Appeals
The Associate Vice-President (Student Services) will act as the final avenue of appeal for residence cases which have not been referred to the University Discipline Officer and the University Discipline Panel.

3. Minor Offense Appeals
The University Discipline Panel will act as the avenue of appeal for minor offenses where sanctions were applied by departmental officers. Students should forward their written appeal within 10 working days of receiving their sanction to the University Discipline Officer, c/o the Office of the Associate Vice-President (Student Services).

4. Appeals from sanctions applied by the University Discipline Panel

Eligibility for appeals:
Either party, appellant or complainant, may appeal the decision of the University Discipline Panel with respect to student non-academic conduct or discipline, under the following circumstances:

·	where the appellant or complainant believes the sanction(s) imposed were inappropriate for the violation;
·	where the student can demonstrate that the facts of the case were insufficient to establish that a violation of the Code of Student Conduct occurred;
·	where new evidence which was not available to a party at the time of the original hearing has been discovered, or where a breach of natural justice has occurred (Note: natural justice has two elements, the rule against bias and the right to a hearing);

AND

·	where the outcome of the case at the original hearing might have been substantially affected by any of these circumstances.

5. Appeals from sanctions applied by the Associate Vice-President (Student Services):

·	sanctions applied by the Associate Vice-President (Student Services) to suspend, expel or exclude a student from academic areas of the campus may be appealed to the University Appeal Board through the Office of the Vice-President (Academic);
·	appeals must be submitted in writing to the Office of the Vice-President (Academic) within 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 of the appeal;
·	within 10 working days of receiving an appeal, the Vice-President (Academic) will establish a University Appeal Board hearing panel and notify appropriate parties as outlined in the Policies and Procedures of the University Appeal Board.

Appeals from sanctions applied by the University Discipline Panel:

·	students may appeal to the Associate Vice-President (Student Services) any sanctions applied by the University Discipline Panel;
·	appeals must be submitted in writing to the Office of the Associate Vice-President (Student Services) within 10 working days of the student's University Discipline Panel hearing;
·	the appeal must be signed by the student and include the grounds of the appeal;
·	within 10 working days of receiving an appeal, the Associate Vice-President (Student Services) will contact the student and arrange a meeting time with the student to review the appeal;
·	the Associate Vice-President (Student Services) may uphold the sanctions applied by the University Discipline Panel, or may lessen the sanction.

VIII. Administration of Non-Academic Conduct Policy

1. Authority and Amendments
Amendments to the Student Code of Non-Academic Conduct must be recommended to the Associate Vice-President (Student Services).

The Associate Vice-President (Student Services) administers non-academic student conduct policy and procedures, and chairs the University Non-Academic Discipline Advisory Committee. The Committee meets twice annually, in the fall and the spring. The Committee maintains written procedures for the conduct of individual University Discipline Panel hearings and written sanction guidelines, which are reviewed and approved annually by the Associate Vice-President (Student Services).

The University Discipline Officer, and a back-up University Discipline Officer, are appointed by the Associate Vice-President (Student Services) from University staff or faculty. The current University Discipline Officer is Ms. Cathie Closs, Director, Student Development Centre, 4th floor, Schmon Tower. The current back-up Discipline Officer is Ms Leanne Perry, Residence Life Coordinator, Residences Department.

2. University Discipline Panel
The University Discipline Panel hearings will normally be scheduled on a weekly basis to ensure timely attention to non-academic discipline cases. The Chair of the Panel will be a student appointed by the Associate Vice-President (Student Services) from the student members of the Discipline Advisory Committee. All student members of the University Non-Academic Discipline Advisory Committee participate on the attendance roster for Discipline Panel hearings. The University Discipline Officer serves as a voting member and senior University adviser on all University Discipline Advisory Panel hearings. The University Discipline Officer reports statistics on the numbers of cases, outcomes and sanctions annually to the Associate Vice-President (Student Services).

3. Student Discipline Records
Records of charges and sanctions, other than suspension or expulsion, will not be placed in student academic records. Records of all University Discipline Panel decisions, including charges and sanctions, will be maintained as part of the confidential records in the Office of the Associate Vice-President (Student Services) for a period of up to four years after the student graduates or ceases to be a student.