Last updated: July 15, 2014 @ 03:00PM
Code of Student Conduct and Disciplinary Procedures in Non-Academic Matters
Official Code of Conduct:
brocku.ca/student-discipline/code-of-conduct
Introduction
Brock University is a distinct community of students, staff and faculty, involved in learning, teaching, research and other activities. Students become a member of this community for the period of their registration in the academic program to which they have been admitted and, as such, assume the responsibilities that such registration entails.
All members of the community are expected to support an environment that is conducive to the personal and professional growth of all who study, work and live within it. As part of the University community, all students and student groups are expected to maintain a high standard of conduct based on the Statement of Student Rights and Responsibilities within this Code, and that is appropriate to a community of scholarship and learning.
As an academic community, the University governs the activities of all its members and sets standards of behaviour in order to promote and maintain an environment of mutual respect for the rights, responsibilities, dignity and well-being of others and the larger community. The University must therefore make provisions for student discipline with respect to conduct that jeopardizes the good order and proper functioning of the academic and non-academic programs and activities of the University, that endangers the health, safety, rights or property of its members or visitors, or that adversely affects the property of the University or bodies related to it. The primary objective of this Code 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. The conduct described under Offences, in sections 4-20, constitute misconduct under this Code.
In accordance with Student Event Risk Management Procedures, the University sponsors, encourages or tolerates many non-academic activities of its members, both on and off University premises. These activities, though generally separate from the defined requirements of students' academic programs, are recognized by the University as a valuable and important part of the life of the University and its students. While such activities are encouraged, they should be done in accordance with students' responsibilities under this Code and under the Student Event Risk Management Procedures.
Purpose
This Code has several purposes:
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to identify guidelines for appropriate student behaviour while at Brock University, |
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to identify behaviour that is considered non-academic student misconduct and set out procedures for addressing such misconduct, and |
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to set out procedures for responding to students-at-risk and their behaviour. |
Scope
This Code applies to the conduct of students while on University premises or when acting as a delegate or designated representative of Brock University and/or of a student group in events held off University premises.
Students are expected to be individually responsible for their actions whether acting individually or in a group. The University takes the position that students have an obligation to make legal and responsible decisions concerning their conduct as, or as if they were, adults. The University has no general responsibility for the moral or social behaviour of its students. In the exercise of its disciplinary authority and responsibility, the University treats students as free to organize their own personal lives, behaviours and associations subject only to the laws of the land and to University regulations that are necessary to protect the integrity and safety of University activities, the peaceful and safe enjoyment of University housing by residents, or the freedom of members of the University community to participate reasonably in the programs of the University and in activities in or on the University's premises. Strict regulation of such activities by Brock University is otherwise neither necessary nor appropriate.
Under some circumstances, such as when a student has not yet reached the legal age of majority, additional limitations on student conduct may apply.
Any student reported for alleged misconduct is subject to informal or formal disciplinary procedures within this Code, regardless of the action or inaction of civil/criminal authorities. Misconduct by a student may also constitute a violation of other University policies, such as those related to residence, human rights, alcohol use, and use of information technology services. Where there are questions about the application of this Code and/or related policies, they shall be determined by the designated administrators of the relevant policies involved. Where the alleged misconduct is processed solely under this Code, the sanctions in the other relevant policy or policies are deemed to be incorporated in their entirety into the terms of this Code. A map of discipline jurisdiction for the Department of Residences is appended to this document.
A student host is deemed to be responsible for the conduct of his/her guest(s).
Responsibility of Student Organizations:
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Student organizations may held responsible for misconduct by members of the organization, according to the Student Event Risk Management Procedures. |
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Failure to follow the Student Event Risk Management Procedures is an offence under section 19 of this Code. |
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Nothing in this Code shall be construed to prohibit peaceful assemblies and demonstrations, lawful picketing, or to inhibit the freedom of association or expression in accordance with the Canadian Charter of Rights and Freedoms. |
Policy
1. Definitions
When used in this Code:
"Associate Vice-President, Student Services" is designated by the University President and is responsible for the administration of this Code.
“Disability”, as set out in the Ontario Human Rights Code and used for this Code, means,
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any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, |
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a condition of mental impairment or a developmental disability, |
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a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, |
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a mental disorder, or |
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an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act. |
“Guest” means a person who is visiting a student on University premises.
“Misconduct” means actions by a student that are in violation of their responsibilities under this Code and actions that constitute a defined offence within this Code.
"Policy" is defined as the written regulations of the University as found in, but not limited to, this Code, Residence Community Guiding Principles and Graduate/Undergraduate calendars.
“Student” means a person who is registered in a course of study approved by the Senate; engaged in any academic work which leads to the recording and/or issue of a mark, grade or statement of performance by the appropriate authority in the University or another institution; entitled to a valid student card who is between sessions but is entitled because of student status to use University facilities; and/or participating in the Intensive English Language Program.
“Student-at-risk” means any student whose physical or mental state is such that they may be or have become a threat to themselves, others, the educational process, or the Brock community in general. This state may or may not involve allegations of misconduct by the student.
“Student-at-Risk Case Team” may include representatives from the following departments on campus: Associate Vice-President, Student Services; Campus Security Services; Department of Residences; Office of Human Rights and Equity Services; Student Health Services; Personal Counselling; Services for Students with Disabilities); Manager, Student Conduct; Student Ombudsperson; and other university personnel as determined appropriate by the Student-at-Risk Case Team. The Student-at-Risk Case Team serves several purposes: to support early intervention with students-at-risk by encouraging access to support services and attempting to prevent misconduct; to increase coordination across university departments in how student-at-risk conduct is monitored and disciplined; and to respond to crisis or emergency situations involving students-at-risk. The Chair of the Student-at-Risk Case Team shall be appointed by the Associate Vice-President, Student Services.
“Manager, Student Conduct” means an individual, appointed by the Associate Vice-President, Student Services, who will hear allegations of misconduct and make determinations and/or recommendations under this Code, independently or as part of the University Discipline Panel.
“Student Host” means a student who has a guest on University premises.
“Student Organizations” means student organizations registered under the Student Organization Registry; student organizations that have filed a Student Event Proposal under the Student Event Risk Management Procedures; and/or student organizations who use their affiliation with Brock University to organize, promote or facilitate an event for students.
“Support Services” includes, but is not limited to, Aboriginal Student Services, Office of Human Rights and Equity Services, Student Health Services, Personal Counselling, Services for Students with Disabilities, Student Ombudsperson, International Services, Student Awards and Financial Aid, Academic Counselling, and appropriate resources from the larger community.
The term "University" means Brock University. University “premises” means building and lands owned, leased, operated, controlled or supervised by the University.
“University Discipline Panel” means a panel comprised of up to fifteen student volunteers and the Manager, Student Conduct, and includes any person or persons authorized by the Associate Vice-President, Student Services to determine whether a student has violated this Code and to impose sanctions. Please see Appendix A for the procedures associated with the operation of the University Discipline Panel.
“Working Days” means Mondays to Fridays, excluding Saturdays, Sundays and paid holidays observed by the University.
Where an offence is described as depending on “knowing”, the offence shall also be deemed to have been committed if the person ought reasonably to have known.
The term "shall" is used in the imperative sense.
The term "may" is used in the permissive sense.
Statement on Students' Rights and Responsibilities
2. 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 hearing by an impartial tribunal of 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. In particular, every student has a right:
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To be promptly informed in writing of the nature of the charge; |
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To refuse to answer incriminating questions; |
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To present and examine witnesses, and to cross-examine witnesses present who testify against him or her; |
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To be accompanied by an adviser and/or support person from the Brock community as outlined in the relevant panel's policies and procedures. |
Advisory Regarding On-Line Postings
Brock University is committed to building and maintaining a diverse and inclusive community where our students, staff, faculty and visitors can work and learn in an environment that supports the academic mission of the University, adheres to University policies, and respects the dignity and worth of members of the Brock community. The means through which we express ourselves as members of this community continue to evolve with the advent of technology. The University is supportive of these types of community, as they can greatly enhance the social and learning experiences for people working and studying at Brock. The use of such technologies comes with both rights and responsibilities.
Community members are reminded that images, postings, dialogues, and information about themselves or others posted on the internet (e.g. on social networking sites such as MySpace and Facebook) 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 (i.e. The Student Code of Conduct, The Respectful Work and Learning Environment Policy, Academic Integrity Policy, Acceptable Use Policy, etc.) is subject to further investigation. The University reserves the right to appropriately respond to these incidents, which may include disciplinary action.
3. The University upholds and will take reasonable steps to ensure students of the following privileges:
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Participation in University and Student Government: Students may participate in formulation and application of institutional policy affecting academic, extra-curricular and student union affairs. |
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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. |
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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. |
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Fairness: Consistency and fairness are ensured by the procedures outlined in the process and procedures below. |
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Confidentiality: Confidentiality of University records relating to each student is protected. For further details refer to the following published statements: Academic Regulations and University Policies, Section I: Confidentiality and Release of Student Records, Freedom of Information and Privacy Protection Policy, and Confidentiality in the Student Development Centre. |
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Safety: The University is committed to promoting safe conditions of living, learning and studying. |
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Access to Facilities and Services: Access to buildings and facilities is governed by regulations that are necessary for the safety and security of students. The University accepts the obligation to provide adequate access to persons with disabilities. |
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Access to Licensed Facilities and Events: Access to campus events where alcohol is served is subject to restrictions for persons under nineteen (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. |
Offences
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 below. Furthermore, the activity may be subject to criminal prosecution notwithstanding and in addition to this Code.
4. Disruptive Behaviour
No student shall:
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by action, words, written material, or by any other means, 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. |
5. i)Verbal Abuses/Threat of Bodily Harm
No student shall:
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Implicitly or explicitly threaten any member of the University community or cause any other member of the university community to fear harm. |
5.ii) Physical Abuses/Infliction of Bodily Harm
No student Shall:
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physically abuse, or inflict bodily harm upon others |
5.iii) Threatening Behaviour/Dangerous Activity
No student shall:
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create a condition which endangers or threatens the health or safety of themselves or others. |
6. Inciting Violence
No student shall:
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on University premises, individually or with a group and in connection with a demonstration including picketing or a rally; |
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use words which threaten violence or physical abuse to any group or individual; |
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use words in a situation of clear and imminent danger which incite others to behaviour which violates any article in this Offences section. |
7. Harassment
No student shall:
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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 Brock University’s Respectful Work and Learning Environment Policy) |
8. Unauthorized Entry and/or Presence
No student shall:
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enter into or remain on University premises without proper authority. Campus Security Services may charge students who violate this provision with trespass under the Trespass to Property Act. |
9. Damage and Destruction of Property
No student shall:
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misappropriate, destroy or otherwise damage University property; |
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misappropriate, destroy or otherwise damage any property not the person's own on University property; |
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deface the inside or outside of any building or property of the University; |
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possess food or drink in any area where prohibited; |
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smoke in any area where prohibited; |
10. Unauthorized Use of Facilities, Equipment, Materials or Services
No student shall:
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use any facility, equipment, material or service contrary to express instruction or without proper authority; |
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obtain and/or use any University equipment, material or service by fraudulent means or by providing false information. |
11. Misuse of University Supplies or Documents
No student shall:
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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, permits, letterhead, stationery and envelopes. |
12. Misuse of Library or Computer Resources
No student shall:
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remove books or other library material from the university libraries without proper authorization; |
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mutilate or deface library books or material; |
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purposefully misplace library books or material or in any way deprive others of access to library resources; |
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abuse any University computer or computer related facility or software, alter or remove computer files or software without proper authorization, purposefully misplace them, or deprive others of access to computer resources; |
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use computer equipment on campus to download, distribute or send offensive, discriminatory, and/or harassing material. |
13. Identification
No student shall:
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refuse to identify himself or herself upon request by University officials acting in the course of their duties. |
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be in possession of, or distribute false identification or altered identification. |
14. Aiding and Abetting
No student shall:
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Knowingly aid or abet another person in the commission of any infraction of this Code. Students who assist in misconduct will be equally liable. |
15. False Charges
No student shall:
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knowingly bring a false charge against any member of the University community. |
16. i) Misconduct Related to the Use of Alcohol
ii) Misconduct Related to the Use of Drugs
No student shall:
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be intoxicated on University premises; |
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be in possession of or consume alcoholic beverages at an event on University premises designated as a "dry" (non-alcohol) event; |
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be in possession or consume alcohol anywhere on University premises if under the age of nineteen (19) years; |
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furnish alcoholic beverages to any person under the age of nineteen (19) years; |
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invite, sign in, or admit a guest except as s/he assumes full responsibility for the guest's behaviour as it relates to this Code; |
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violate the University Alcohol Policy |
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be in possession of, furnish to anyone, consume, or be in the company of those who are consuming or furnishing non-prescription drugs or prescription drugs for recreational purposes; |
NOTE: Intoxication is never grounds for leniency. Rather, excessive drinking and/or use of drugs is subject to sanctioning, notwithstanding and in addition to sanctions imposed for misconduct associated with drinking.
17. Hazing
No student shall:
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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. |
18. i)Theft
ii) Illegal or Unauthorized Possession
No student shall:
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possess University property or the property of any member of the University community without the permission of the rightful owner; |
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use, possess, or distribute alcoholic beverages except as expressly permitted by law and by the University regulations; |
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possess illegally or without authorization firearms, explosives, other weapons or dangerous chemicals on University premises. |
19. Failure to comply
No student shall:
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fail to comply with the reasonable directions of University Officials, Campus Security Services, or other law enforcement officers acting in performance of their duties; |
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fail to comply with published University policies, rules or regulations. |
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invite, sign in, or admit a guest except as s/he assumes full responsibility for the guest's behaviour as it relates to this Code. |
20. Abuse of the Disciplinary System
No student shall:
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falsify, distort, or otherwise misrepresent information before the Discipline Panel; |
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disrupt or interfere with the orderly conduct of the disciplinary hearing; |
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knowingly falsify an incident report on another student; |
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attempt to discourage an individual's proper participation in, or use of the disciplinary system; |
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attempt to influence the impartiality of a member of the Discipline Panel prior to, and/or during the disciplinary proceeding; |
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harass (verbally or physically) and/or intimidate a member of a Discipline Panel prior to, during, and/or after a disciplinary proceeding; |
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influence or attempt to influence another person to commit an abuse of the discipline system. |
Process and Procedures for Addressing Student Misconduct
21. Residence Offense Procedures: Any breaches of the Residence Agreement or Residence Community Guiding Principles 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 Residences may forward the case to the Manager, Student Conduct for action under the section 23 (Other University Offense Procedures) of this Code. Residence and University Discipline Zones are described and displayed on a map of the University campus, in Appendix B to this document.
22. Minor Offense Procedures: Minor misconduct is addressed in the area or department where it occurs. The official of the University in whose jurisdiction an incident occurs will notify the Manager, Student Conduct 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 below.
Students who wish to appeal minor offence decisions should do so with the University official’s immediate supervisor.
23. Other University Offense Procedures: Notice of an alleged offense under this Code may be filed with the Manager, Student Conduct by any member of the Brock community within ten (10) working days of the incident in question. This time period for filing notice of an alleged offense may be extended at the discretion the Associate Vice-President, Student Services or the Manager, Student Conduct. Incident report forms must be completed in full and are available from the Manager, Student Conduct. Where required, Campus Security Services may investigate alleged offenses.
24. The Manager, Student Conduct may:
dismiss the matter;
interview the student independently and, if satisfied that the offence has been committed, impose any of the offense sanctions listed below;
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.
25. Informal Appeals: Students who have grounds for believing that they have been treated unfairly or inappropriately 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 does not lead to a satisfactory resolution, students may wish to consult the Student Ombudsperson for advice regarding formal avenues of appeal. Formal appeal procedures are available as outlined below.
26. Residence Appeals: The Director of Residences will act as the final avenue of appeal for residence cases that have not been referred to the Manager, Student Conduct and the University Discipline Panel. Where the sanction being appealed is eviction from residence, the Director of Residences shall consult with the Associate Vice-President, Student Services regarding the appeal.
27. Eligibility for Appeal: Students may appeal the decision of the University Discipline Panel with respect to student non-academic conduct or discipline, under the following circumstances:
Where evidence emerges which was not available to a party at the time of the original hearing
There was 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
If there are insufficient grounds for appeal, the student shall be notified in writing within ten (10) working days of having filed the request for an appeal.
28. 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 ten (10) working days of the student's University Discipline Panel hearing.
Within ten (10) working days of acceptance of an appeal, the Associate Vice-President, Student Services shall contact the student. If the grounds identified for the appeal are accepted then a meeting will be established.
The Associate Vice-President, Student Services may uphold the sanctions applied by the University Discipline Panel, or may lessen the sanction.
The appeal must be signed by the student and include the grounds of the appeal. Appendix C sets out the Procedures for Appeal from Sanctions Applied by the University Discipline Panel.
29. 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. Please see Procedures for Appeals to the University Appeal Board in Appendix D.
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 of the appeal.
Within ten (10) working days of accepting the grounds for appeal, the Vice-President, Academic shall establish a University Appeal Board hearing panel and notify appropriate parties as outlined in the Policies and Procedures of the University Appeal Board.
Sanctions for Student Misconduct
30. Temporary Suspension and Trespass Sanctions: The University reserves the right to intervene in 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 or their designate may apply a temporary university-wide trespass/suspension sanction and the Director of Residences or their designate may apply a temporary residence trespass sanction, in the appropriate circumstances. These circumstances include those 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 posed by the student's continued presence, that damage to University property is likely, or that the continued presence of the student would be disruptive. Upon imposition of such temporary sanction, the student will be excluded from residence or campus in whole or specified part(s) effective immediately, for as long as reasonably required by the nature of the danger. A formal discipline hearing will normally be held within ten (10) working days of notice to the student of this decision, during which time the student may only enter the residence and/or campus under escort where he or she has received proper notice of a meeting to be held regarding discipline.
31.Criminal Offenses: Criminal offenses committed on the University premises against persons or property. and reported to Brock University Campus Security Services. will be addressed according to the law. When a student is involved in criminal activity, Campus Security Services will notify the Associate Vice-President, Student Services. The Associate Vice-President, Student Services will determine if the matter may be independently subject to University discipline under this Code, notwithstanding, and in addition to, possible criminal prosecution or civil actions.
32.Residence Offense Sanctions: Sanctions for residence offenses are defined under the Residence Agreement and Residence Community Guiding Principles.
33. Minor Offense Sanctions: Minor misconduct is addressed 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 if, after hearing the student’ s response to the allegation, he or she is satisfied that minor misconduct occurred:
A period of service to the University or the Brock University Students' Union to a maximum of three (3) hours (by the Director of Campus Security Services or the Brock University Students’ Union 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 forty-eight (48) hours (by the Director of the facility or the Associate Vice-President, Student Services);
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 Brock University Students’ Union Business Manager, the Student Centre Pub Manager, or the Director of Residences);
Payment for damages of $100.00 or less (by the Director of the facility, the Brock University Students’ Union Business Manager, or the University Librarian or Associate University Librarian).
34.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 Brock University Students’ Union not to exceed twenty-one (21) hours;
Completion of an educational program or project; and/or
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; or
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 that is not listed above, the Panel may recommend an exceptional sanction to be considered by the Associate Vice-President, Student Services.
35. Financial Sanctions: Students whose sanctions include some form of financial restitution will be given the opportunity to make payment to the Student Development Centre. Failure to pay within the designated timelines 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 $50.00 fine for every sanction not complied with by the designated deadline, and the obligations under the sanctions must still be completed.
Students-at-Risk
36. In addition to dealing with student misconduct, the University has the right and responsibility to address the conduct of a student-at-risk in order to protect that student and/or other members of the University or local community from any threat posed by their conduct, whether or not misconduct under this Code has occurred. The University must seek to balance the rights of the student-at-risk and the rights of other members of the University community when governing the conduct of the student-at-risk.
37. Student-at-Risk – Threat Assessment: There are three levels of threat a student-at-risk may pose to her/himself or others. A Level 1 threat means that there is no clear, immediate threat at present and no known occurrence of misconduct, but the conduct of the student-at-risk creates a reasonable fear/concern that a threat may exist in the future and misconduct is likely to occur. A Level 2 threat means that there is no clear, immediate threat at present but misconduct has occurred and the conduct of the student-at-risk creates a reasonable fear/concern that a threat continues to exist and further misconduct is likely to occur. A Level 3 threat means that there is a clear, immediate threat at present, which triggers the University’s duty to warn and to take action to protect the student-at-risk and/or others.
38. Student-at-Risk Case Team: A Student-at-Risk Case Team will be used to provide a coordinated response and support to the student-at-risk. Protocol for dealing with students-at-risk may differ depending on the level of threat posed by the student-at-risk, and is set out in the Process and Procedures for Responding to Students at Risk, as set out below. In addition, the Student-at-Risk Case Team will meet on a regular basis as a working group on campus to support each other and to continue to develop and deliver a coordinated response to the issue of students-at-risk at Brock University.
39. Addressing the conduct of a student-at-risk can pose unique challenges to the University where that student has a mental or physical disability that is contributing to the “at-risk” behaviour. The University acknowledges that it has a duty to accommodate a student with a disability, in accordance with provincial law and University policy. Accommodation of students with disabilities should be made in accordance with the following principles: respect for dignity, individualized accommodation, and inclusion and full participation. The University has a duty to accommodate up to the point of undue hardship. The Ontario Human Rights Commission sets out three considerations in assessing whether an accommodation would cause undue hardship: (i) cost, (ii) outside sources of funding, if any, and (iii) health and safety requirements, if any. It further states that “health and safety risks will amount to undue hardship if the degree of risk that remains after the accommodation has been made outweigh the benefits of enhancing equality for persons with disabilities”. In some circumstances, the level of care and accommodation required may exceed the resources or staffing capabilities of the University and/or may be beyond the standard of care that Student Health Services, Services for Students with Disabilities, and Personal Counselling can provide or monitor. The student has a corresponding responsibility to make full disclosure of their disability and to cooperate with the University in making appropriate accommodation for them, including advising University officials of the need for accommodation, cooperating with University officials in the accommodation process, and providing medical or other requested information relating to the disability and the required accommodation.
Process and Procedures for Responding to Students-at-Risk
40. Definition: "Student-at-risk" means any student whose physical or mental state is such that they may be or have become a threat to themselves, others, the educational process, or the Brock community in general. This state may or may not involve allegations of misconduct by the student.
41. Observance of behaviour that suggests a student is at risk should be reported to a member of the Student-at-risk Case Team and will trigger a written report, which should be sent immediately to the Student Conduct and Activities Officer. Regardless of the level of threat, the student-at-risk will be given an opportunity to review and respond to the written report. If there is a clear and imminent danger or risk, designated staff members are immediately empowered to take appropriate steps as per the Interim Conditions and Measures outlined below in sections 55 and 56.
42. Normally, within one working day of receiving a report of a student-at-risk, the Student Conduct and Activities Officer will assess the risk level in consultation with the report writer (and others involved in the case as appropriate). Response to the situation is based on the level of threat, as outlined below in sections 43-45.
43. Level 1 Threat: If the student's behaviour is assessed as a Level 1 threat, the Student Conduct and Activities Officer and/or the report writer will determine whether consultation with the Student-at-Risk Case Team is required and will determine appropriate outcomes. If consultation with the Student-at-Risk Case Team is required, it will normally meet within five (5) working days to review the case and make recommendations regarding how to proceed. Where consultation is not required, Student Conduct and Activities Officer will update the Student-at-Risk Case Team at its next regular meeting. Possible outcomes for Level 1 threat behaviour include but are not limited to: an offer of appropriate support and/or referral, and/or campus general probation, and/or a residence behaviour contract.
44. Level 2 Threat: If the student's behaviour is assessed as a Level 2 threat, the Student Conduct and Activities Officer and/or the report writer will determine whether consultation with the Student-at-Risk Case Team is required and/or whether disciplinary procedures will be invoked to deal with the alleged misconduct. If consultation with the Student-at-Risk Case Team is required, it will normally meet within five (5) working days to review the case and make recommendations regarding how to proceed. Where consultation is not required, Student Conduct and Activities Officer will update the Student-at-Risk Case Team at its next regular meeting. Possible outcomes for Level 2 threat behaviour include but are not limited to: those outlined under Level 1 and/or referral of the case through the non-academic discipline process in accordance with the Process and Procedures for Addressing Student Misconduct and/or immediate involuntary leave above.
45. Level 3 Threat: If the student's behaviour is assessed as a Level 3 threat, the Student Conduct and Activities Officer and/or the report writer will first determine whether Interim Conditions and Measures are required to address any immediate threat to the student-at-risk, others or the larger community. Assessment of a Level 3 threat triggers the University's duty to warn and to take action to protect the student-at-risk and/or others. The University reserves the right to share information regarding the student-at-risk in order to address the immediate threat and the student's behaviour. The Student Conduct and Activities Officer will then immediately schedule a meeting of the Student-at-Risk Case Team. The Student-at-Risk Case Team will normally meet within two (2) working days to review the case and make recommendations regarding how to proceed. Possible outcomes for Level 3 threat behaviour include but are not limited to: those outlined under Levels 1 and 2, and/or immediate involuntary withdrawal from the University.
46. Involuntary Leave and Withdrawal: If the Student-at-Risk Case Team recommends involuntary leave or withdrawal, this recommendation must be presented to the Associate Vice-President, Student Services. Involuntary leave is defined as involuntary physical removal from campus for a period of time specified by the Associate Vice-President, Student Services. Involuntary withdrawal includes involuntary physical removal from campus and academic withdrawal from the University. Involuntary withdrawal requires consultation with the Vice-President, Academic. Involuntary withdrawal may last for one academic year or longer. Involuntary leave or withdrawal is not pursued as a punitive step, but may coincide with sanctions for student misconduct.
47. Decision Notification: If the Associate Vice-President, Student Services decides to place a student-at-risk on involuntary leave or withdrawal, the student-at-risk shall be notified of that decision, together with the terms and conditions associated with the involuntary leave or withdrawal. A copy of the letter will be included in the student's record. Where involuntary withdrawal is invoked, the student-at-risk will be blocked from re-enrollment for the duration of the involuntary withdrawal. Upon notification of involuntary leave or withdrawal, the student-at-risk will also be provided with information on the Return to Campus Procedures.
48. Return to Campus Procedure for Involuntary Leave: Following an involuntary leave, the student-at-risk must apply in writing to the Student Conduct and Activities Officer in order to return to campus. The application is due no earlier than two (2) months before the student's anticipated return to campus. The application will require the following in order to be considered: evidence that all terms and conditions associated with the involuntary leave have been met, evidence that all current outstanding disciplinary sanctions have been completed, and, if applicable, an Involuntary Leave Assessment Form (Please see Forms section) completed by appropriate treating medical professional(s). The Student Conduct and Activities Officer will evaluate completed applications and their accompanying documentation and consult with the Student-at-Risk Case Team to develop a Return to Campus Management Plan. A recommendation regarding whether the student should be permitted to return to campus and any Return to Campus Management Plan shall be forwarded to the Associate Vice-President, Student Services, normally within twenty (20) working days after receipt of a completed application. During the review process, the Student Conduct and Activities Officer may require the student to provide additional, more recent documentation from treating medical professional(s). The Associate Vice-President, Student Services shall inform the student, in writing, whether the application has been approved.
49. Return to Campus Procedure for Involuntary Withdrawal: Following an involuntary withdrawal, the student-at-risk must apply in writing to the Student Conduct and Activities Officer in order to return to campus. The application is due no earlier than two (2) months before the student's anticipated return to campus. The application will require the following in order to be considered: evidence that all terms and conditions associated with the involuntary withdrawal have been met, evidence that all current outstanding disciplinary sanctions have been completed, and a Re-Enrollment Questionnaire and Treatment Summary (Please see Forms section) completed by appropriate treating medical professional(s). The Student Conduct and Activities Officer will evaluate the completed application and accompanying documentation and consult with the Student-at-Risk Case Team to develop a Return to Campus Management Plan. A recommendation regarding whether the student should be permitted to return to campus and/or re-enroll and any Return to Campus Management Plan shall be forwarded to the Associate Vice-President, Student Services, normally within twenty (20) working days after receipt of a completed application. During the review process, the Student Conduct and Activities Officer may require the student to provide additional, more recent documentation from treating medical professional(s). The Associate Vice-President, Student Services shall inform the student, in writing, whether the application has been approved.
50. Return to Campus Management Plan: Where a student has received approval to return to campus following involuntary leave or withdrawal, the Student Conduct and Activities Officer and the Student-at-Risk Case Team shall prepare a Return to Campus Management Plan that outlines any terms and conditions of the student's return to campus and any support services required. The Student Conduct and Activities Officer, or a designate from the Student-at-Risk Case Team, will implement the Return to Campus Management Plan and monitor the student's transition back to campus. The person monitoring the Return to Campus Management Plan shall regularly report the student's progress back to the Student-at-Risk Case Team. The Return to Campus Management Plan may also include the disposition of any outstanding non-academic discipline matters and/or sanctions.
51. Eligibility for Appeal: Students may appeal the decisions made under the Process and Procedures for Responding to Students-at-Risk, under the following circumstances:
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Where evidence emerges which was not available to a party at the time of the original process |
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There was clear evidence of bias |
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Where the disciplinary procedures were not followed and where the outcome of the case during the original process might have been substantially affected thereby |
If there are insufficient grounds for appeal, the student shall be notified in writing within ten (10) working days of having filed the request for an appeal.
52. Appeal of Level 1 Threat Outcomes: An appeal of campus general probation in response to Level 1 threat behaviour shall be made to the Associate Vice-President, Student Services. An appeal of a residence behaviour contract in response to Level 1 threat behaviour shall be made to the Director of Residences. The appeal must be signed by the student and include the grounds of the appeal.
53. Appeal of Non-Academic Discipline Sanctions Relating to Level 2 and Level 3 Threat Outcomes: Appeals of disciplinary sanctions for non-academic misconduct shall be addressed through the appeal routes set out above under Process and Procedures for Addressing Student Misconduct (sections 25-29).
54. Appeals of Involuntary Leave or Withdrawal in Response to Level 2 and 3 Threats:
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Involuntary leave or withdrawal applied by the Associate Vice-President, Student Services may be appealed to the University Appeal Board through the Office of the Vice-President, Academic. |
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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 the involuntary leave or withdrawal from the Associate Vice-President, Student Services. |
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The appeal must be signed by the student and include the grounds of the appeal. |
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Within ten (10) working days of accepting the grounds of an appeal, the Vice-President, Academic shall establish a University Appeal Board hearing panel and notify appropriate parties as outlined in the Policies and Procedures of the University Appeal Board. |
Interim Conditions and Measures
55. Ongoing Personal Safety
In those cases where the allegations of misconduct are serious and, if proven, could constitute a significant personal safety threat to other students or members of the University community, or where a Level 3 threat is posed by a student-at risk, the Associate Vice-President, Student Services, or delegate, or Campus Security Services, is authorized to impose interim conditions that balance the needs of the complainants or community for safety with the requirement of fairness to the respondent student or student-at-risk. Interim conditions may include: restrictions on a student's movement on campus, non-association/no contact directives, and suspension of student privileges. The interim conditions are in no way to be construed as indicative of guilt, and shall remain in place until the allegations are disposed of under the Process and Procedures for Addressing Student Misconduct and/or the Process and Procedures for Responding to Students-at-Risk.
56. Urgent Situations
In some circumstances, such as those involving serious threats or violent behaviour, it may be necessary to remove a student from the University premises. Where an investigation of misconduct has been requested and is pending, the Associate Vice-President, Student Services, or delegate, may suspend a student or students temporarily for up to three (3) working days if, in the opinion of the Associate Vice-President, Student Services, or delegate, there is reasonable apprehension that the safety of others is endangered, damage to University property is likely to occur, or the continued presence of the student(s) would be disruptive to the legitimate operations of the University. The student(s) shall be informed immediately in writing of the reasons for the suspension and shall be afforded the opportunity to respond. The Associate Vice-President, Student Services, or delegate must review any such temporary suspension, within the three-day temporary suspension period, following a preliminary investigation, and either revoked or continued. If the suspension is continued, the student(s) may appeal to the Vice-President, Academic, or delegate, who shall hear and decide on the appeal within five (5) days. Where an urgent situation arises from the Level 3 threat posed by a student-at-risk, the procedure outlined under the Process and Procedure for Responding to Students-at-Risk shall apply, regardless of whether misconduct has also occurred.
Administration of Code of Student Conduct and Discipline
57. Authority and Amendments
Amendments to this Code 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 annually, in 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. See Appendix G for further information about the University Non-Academic Discipline Advisory Committee.
58. 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 Manager, Student Conduct serves as a voting member and senior University adviser on all University Discipline Advisory Panel hearings. The Manager, Student Conduct reports statistics on the numbers of cases, outcomes and sanctions annually to the Associate Vice-President, Student Services. Please refer to Appendix A for University Discipline Panel Procedures
59. 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 Student Development Centre for a period of up to four (4) years after the student graduates or ceases to be a student.