Student Conduct Policy FAQ

1. HOW DO I FIND THE POLICIES MENTIONED IN THIS FAQ?
2. WHO DO I CONTACT IF I HAVE A CONCERN ABOUT THE BEHAVIOUR OF A STUDENT?
3. WHY MIGHT THE UNIVERSITY HAVE TO PROCEED WITH A COMPLAINT EVEN IF I DON’T WANT TO PARTICIPATE?
Sometimes the University learns of behaviour that could suggest that a student may be a potential danger to others. In those circumstances we would have to proceed with a complaint and investigation under the Student Conduct Policy in order to ensure the safety of the community. As part of our survivor-driven approach, the person who was impacted by the misconduct can decide for themself what their own level of participation in any process will be.
4 WHAT ARE INTERIM MEASURES?
  • In this context, interim measures are non-disciplinary conditions or restrictions that the University may apply to a person alleged to have committed a violation under the Student Conduct Policy or the Sexual and Gender Based Violence Policy Gender-Based Violence Policy. The purposes of interim measures are to ensure the reporting individual’s safety or the safety of the University’s learning environment, to remove barriers to the reporting individual’s access to the learning environment, to discourage or prevent retaliation, prevent further harm and/or preserve the University’s ability to conduct an investigation.
  • Interim measures are not based on a finding of a policy violation, are not considered sanctions under any University complaint process, and can not be interpreted or used in a complaint as evidence that the person under allegation committed misconduct.
5. IF I PROCEED WITH A COMPLAINT, WHICH POLICY APPLIES?
  • It depends on when the behaviour occurred and when the complaint is made. Complaints made under the Code of Student Behaviour before the new policy came into effect will continue under the Code of Student Behaviour. 
  • Complaints made after November 22, 2022 (when the new policy was approved), but involving behaviour that occurred before that date will be heard using the new procedures but will refer to definitions and sanctions under the Code of Student Behaviour that were in effect at the time of the offence. 
  • Complaints made about behaviour that occurred after November 22, 2022 will use the definitions, sanctions and procedures from the new Student Conduct Policy.
6. IF I WANT TO PROCEED WITH A COMPLAINT WHAT WILL HAPPEN?
  • The Office of the Dean of Students will make an initial assessment to ensure that the policy applies to the alleged conduct in question. Once they have accepted the complaint, they would refer it to an investigator.
  • The investigator requests to interview everyone involved and collects all available evidence. They provide a report detailing the investigation and evidence collected. This is not based on believing or not believing the parties and witnesses, but on what the statements and evidence related to the case support. 
  • The case is assigned to a Student Conduct Officer who will hold a hearing and answer two questions: 1) did the student violate the Student Conduct Policy and 2) what is the appropriate sanction? Both the complainant and the respondent receive a written decision with reason. You can find detailed information about the process in the Student Misconduct Complaint Procedure.
  • Both the complainant and the respondent have a right to appeal the decision of the Student Conduct Officer to the Student Misconduct Appeal Panel. The appeal is not a rehearing of the case, but a check on the decision of the Student Conduct Officer to ensure that it was procedurally and substantively fair. You can find detailed information about the appeal process in the Student Student Misconduct Appeal Procedure.
7. WHAT RIGHTS WILL I HAVE IF I MAKE A COMPLAINT?
  • A complainant has equal procedural rights to the respondent. That means if you are the complainant you will have the right to:
    • be accompanied by a support person throughout the process
    • an impartial decision-maker,
    • reasonable disclosure of the available evidence,
    • speak to the person making the decision, 
    • suggest new avenues of investigation, 
    • respond to information or evidence that does not accord with your account of the incident,
    • receive a copy of the decision in the case, and 
    • appeal a decision with which you do not agree or
8. WHAT IS THE ROLE OF AN INVESTIGATOR?
An investigator impartially interviews all of the parties in the case, including the complainant and respondent as well as any witnesses who may provide additional information, and collects any relevant and available evidence. They create a report on the facts of the case and send it to Student Conduct and Accountability to be used by the Student Conduct Officers in hearing the case.
9. WHAT IS THE ROLE OF A STUDENT CONDUCT OFFICER?
A Student Conduct Officer is the University official who makes decisions about student conduct under the Student Conduct Policy (non-academic) and the Code of Student Behaviour (academic). They hold hearings and review the available evidence before rendering a decision as to whether or not there has been a violation of University policy and, if so, what sanctions will be put in place. Those decisions are subject to appeal. Student Conduct Officers are responsible for making decisions in all cases of non-academic misconduct complaints. In addition, they make decisions on whether to impose a severe sanction (suspension or expulsion) in complaints of academic misconduct under the SAIP.
10. WHAT WILL HAPPEN DURING A HEARING?
It is the opportunity for complainants and respondents to be heard prior to the Student Conduct Officer making a decision on a complaint. This includes the chance to provide or respond to information, arguments, and evidence presented in the complaint process. A hearing can take place in the form of written document exchange and/or one or more oral meetings, either virtual or in-person, between the decision maker and each of the parties and witnesses. The parties each have the opportunity for an individual hearing with the Student Conduct Officer, along with their advisor or support person. Typically in the hearing, the Student Conduct officer will review the evidence with the party, listen to any additional evidence or statements they want to provide, ask clarifying questions and provide them with the opportunity to speak about the impact of the incident and/or potential sanctions. The Student Conduct Officer will not provide a decision in the hearing, but will make a decision after hearing from everyone and provide that, along with their reasons for the decision, in writing.
11. WHAT IF I DISAGREE WITH THE OUTCOME?
  • A decision by the Student Conduct Officer can be appealed by either the complainant or the respondent.
  • The appeal is not a rehearing of the case, but a check on the decision of the Student Conduct Officer to ensure that it was procedurally and substantively fair. You can find detailed information about the appeal process in the Student Misconduct Appeal Procedure