Academic Regulation 17: Misconduct in an Academic or Non-Academic Setting

17.1 – Unacceptable Behavior Within the Context of a Class

17.1.1 – Cases Handled by the Instructor

When unacceptable behaviour occurs in the context of a specific component of a class in which the student is registered (e.g. lectures, laboratories, field trips, clinical settings) the instructor may deal with the matter by notifying the student in writing of the alleged behaviour, the possible sanctions, and the opportunity to respond to the allegation. Possible sanctions may include, but are not limited to, a statement of apology, the assignment of work reflecting on the unacceptable behaviour, and/or refusal to accept work submitted by the student pertinent to the portion of the class in which the behaviour took place.

The student must also be advised of the right to have representation for any response made to the allegation of unacceptable behaviour in the context of a class. (On matters of procedure and representation, the University Dispute Resolution Advisors are available for consultation and assistance.)

Normally the instructor will meet with the student (and his or her representative) to conduct a thorough investigation of the available evidence. This investigation may involve written submissions and/or oral evidence presented by witnesses to the alleged unacceptable behaviour. At least 10 calendar days prior to the meeting, the student has the right to know what, if any, material from the student’s file will be considered.

After considering the available evidence, the instructor must inform the student in writing of the decision and the sanction, if any, that will be imposed. If a sanction is imposed, the instructor must inform the student in writing of the opportunity to appeal the finding and/or the sanction to the Associate Dean (Studies) (see Appeal of Academic Decisions, Section 3).

17.1.2 – Cases Handled by the Associate Dean (Studies)

If the matter is more serious than the sanction an instructor can impose would satisfy, the case should be referred by the instructor to the Associate Dean (Studies) who may impose sanctions ranging from those noted above to requiring the student to withdraw from the class or recommending to Senate that the student be required to withdraw from the Faculty or from the University.

The instructor must inform the student in writing that the case has been referred to the Associate Dean (Studies). The Associate Dean (Studies) will notify the student in writing of the alleged behaviour, the possible sanctions, and the opportunity to respond to the allegation. The student must also be advised of the right to have representation for any response made to the allegation of unacceptable behaviour. On matters of procedure and representation, the University Dispute Resolution Advisors are available for consultation and assistance.

Normally the Associate Dean (Studies) will convene a meeting with the student (and his or her representative), the instructor (and his or her representative), and witnesses where appropriate, to conduct a thorough investigation of the available evidence. This investigation may involve written submissions and/or oral evidence presented by witnesses to the alleged misconduct. The student and instructor must be notified, in writing, when the meeting on the case will be convened, invited to appear at the meeting, and be advised of the right to have representation at the meeting. At least 10 calendar days prior to the meeting, the student has the right to know what material will be considered.

After considering the available evidence, the Associate Dean (Studies) must inform the student in writing of the decision and the sanction, if any, that will be imposed. If a sanction is imposed, the Associate Dean (Studies) must inform the student in writing of the opportunity to appeal the finding and/or the sanction to the Academic Integrity and Conduct Panel (see Appeal of Academic Decisions, Section 3).

17.2  - Unacceptable Behaviour Outside the Context of a Class
When unacceptable behaviour occurs in an academic or academic-related setting, but not in the context of a class in which the student is registered (e.g. other classes), the aggrieved party shall refer the case either to the Judicial Committee of the Alma Mater Society (or of the Graduate Student Society if appropriate), or to the Committee on Non-Academic Discipline. Before referring the case to either body, the aggrieved party is advised to consult with the University Secretariat.

17.3 – Cases Handled by the Committee on Non-Academic Discipline
When the sanctions specified above in Academic Regulation 17.1 are deemed inadequate or inappropriate by the instructor or the Associate Dean (Studies), the matter shall be referred by either the instructor or the Associate Dean (Studies) to the Committee on Non-Academic Discipline. The clerk of the relevant Judicial Committee shall then be notified by the Chair of the Committee on Non-Academic Discipline of this referral. (If the Judicial Committee Clerk does not agree that the Committee on Non-Academic Discipline, rather than the Judicial Committee, has jurisdiction in the case, the Chair of the University Student Appeal Board shall decide on the forum in which the case is to proceed.)

The Committee on Non-Academic Discipline may impose such sanctions as it considers appropriate including withdrawal from the Faculty, and recommendation to the Senate for dismissal from the University.

17.4 – Appeal and Review of Decisions

               17.4.1 – Appeal of a Decision Made by the Associate Dean (Studies)

If the student is not satisfied with a decision referred to in Academic Regulation 17.1, the next stage of review lies with the Committee on Non-Academic Discipline. The student is advised to consult a University Dispute Resolution Advisor or the Dean of Student Affairs. In all cases, within 21 calendar days of receiving the decision, the student must send an appeal in writing to the Chair of the Faculty Board, who will refer it to the Committee.

The Committee will consider the appeal and, subject to Academic Regulation 17.4.2, its decision will be final.

17.4.2 – Appeal of a Decision Made by the Committee on Non-Academic Discipline

Any appeal of a decision made by the Committee on Non-Academic Discipline shall be made through the system for handling grievances as recorded by the Senate Policy on Student Appeals, Rights and Discipline, available from the University Secretariat.