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

I.  Definitions

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:

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.

	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.

	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.

	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.

	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.

	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

	be intoxicated on University premises;
	be in possession of or consume alcoholic beverages at an event on University premises designated as a "dry" event;
	be in possession of, furnish to anyone, conosume, or be in the company of those who are consuming or furnishing marijuana or illegal drugs;
	be in possession of, or consume alcoholic beverages while not in possession of authorized admission to a pub or event;
	consume alcohol anywhere on University premises if under the age of 19 years;
	furnish alcoholic beverages to any person under the age of 19;
	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.

	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.

	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.

	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

V.  Non-Academic Misconduct Sanctions

VI.  Student Discipline Procedures

VII.  Student Appeal Procedures

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