Every case of non-academic misconduct is different. In some cases, there will be lots of meetings with a Case Manager in the Student Conduct Office and in other cases there may be just a few. It depends on the participants and the nature of the misconduct. The following content illustrates the basic process for Category 2 misconduct. The NAMIO refers allegations of Category 1 misconduct to one of the other NAM Units (i.e. AMS, Residences, Athletics & Recreation). Case Managers have the discretion to deviate from this process when appropriate.
The things to know about the Student Code of Conduct and Procedures Under the Code
All students are made aware of their responsibility to acknowledge and adhere to the Code before registering for class on SOLUS. In this sense, adherence to the Code is an important term of the contract between each student and the University.
- Transcripts: If you are found responsible for non-academic misconduct it will not appear on your transcript except in circumstances where a student has been sanctioned with a Requirement to Withdraw (e.g., suspension or expulsion).
- Family: Your parents will not be notified by the Student Conduct Office. With your consent, a Case Manager may speak with your parent or Support Person. Some students prefer to have the support of their parents when participating in a non-academic misconduct process and our system allows for this to occur. The university in accordance with applicable procedures may reach out to an emergency contact in limited extenuating circumstances.
- Private Records: We keep any records of non-academic misconduct in accordance with FIPPA and the university's Records Management Policy.
The length of a non-academic misconduct case depends on the participants and the complexity of the case. Some may be resolved in 2-3 weeks and some may take a full academic term or longer.
- In a case of non-academic misconduct, you will be treated fairly. Fair treatment includes being respected, being notified of the case and meetings, having an opportunity to be heard, being informed of decisions and reasons, and having the right to appeal findings of responsibility and sanctions.
- Decisions about whether or not a violation of the Code has occurred are made on "a balance of probabilities". What this means is that the decision maker has to believe that it is more likely than not that a violation of the Code occurred in order to make a finding of responsibility.
- We approach outcomes (sanctions) from an educational and restorative lens and reserve the right to use corrective sanctions when necessary to maintain a safe campus environment.
A Support Person is a person whose role is to provide emotional support and assistance to you in understanding the information being provided about the process. The person you choose to be your Support Person must not be a potential witness in the investigation. A Support Person does not generally have a speaking role and is not present to advocate, represent, or speak on your behalf.
The University Ombudsperson cannot fulfill the role of a Support Person. They are available to provide information and/or clarity about any University Policy or procedures or refer to resources.
An Advisor is a more formal type of Support Person, such as legal counsel. Students who are involved in serious incidents of non-academic misconduct may wish to consider obtaining advice from legal counsel or another legal advisor, at their own expense. Even where a student has retained the assistance of an Advisor, those involved in the non-academic misconduct process (e.g., Case Manager, Investigator, decision-makers) retain the right to address the student directly. Moreover, the student's Advisor is not ordinarily permitted to answer questions on the student's behalf in a non-academic misconduct proceeding. If the matter proceeds to a hearing, your Advisor is permitted to make an opening statement and to make submissions on your behalf. They are not permitted to give evidence or reply to questions directed to you.
Participants may be involved in both a non-academic misconduct process and a criminal/civil proceeding for the same incident. Fact-finding inquiries by the Student Conduct Office are internal administrative processes that are separate and independent from any parallel criminal/civil proceeding. A person who submits a complaint of non-academic misconduct always has the right to take personal legal action for the same incident.
We know that the non-academic misconduct process can be stressful and encourage you to take advantage of campus and community supports. The Case Manager can help connect you to support resources on campus.