8.7 Code of Student Conduct 2018/2019 - Concordia University of Edmonton

8.7 Code of Student Conduct

8.7.1 Introduction

Concordia University of Edmonton is a community defined by integrity, grounded in fundamental values of honesty, trust, fairness, respect and responsibility in all academic and personal conduct. Students are expected to positively contribute to an environment that supports intellectual inquiry and the exchange and examination of diverse ideas.

Students are expected to maintain a high standard of personal conduct at all times. This involves demonstrating respect and concern for the well-being of all other members of the Concordia community, including themselves.

Concordia endeavours to provide an open and supportive atmosphere for all community members, characterized by mutual recognition and respect for the safety, security and inherent dignity of each member of the community. All community members are responsible for protecting and positively contributing to the orderly functioning of Concordia and the integrity of the Concordia community.

The Code of Student Conduct (the “Code”) describes expected and unacceptable behaviour for Concordia students, sanctions for non-academic misconduct, and discipline and appeal processes. The processes set out in the Code will apply in all cases of alleged non-academic misconduct by students.

Except in urgent cases of disruptive, threatening or violent conduct, Concordia strives to facilitate the informal resolution of incidents of non-academic misconduct through advising, mediation, or counselling where it is possible and appropriate, and through formal hearings before the Non-Academic Misconduct Review Board and the Non-Academic Misconduct Appeal Board where informal resolution cannot be reached or would not be appropriate.

Urgent cases of disruptive, threatening, or violent conduct will be dealt with in accordance with Section 8.7.5 of the Code.

Academic misconduct will be dealt with in accordance with Concordia’s Academic Regulations (Section 9.0 of the Academic Calendar)

A. Authority to Administer the Code

The authority to investigate complaints, to facilitate informal resolutions to complaints, to refer complaints for formal resolution, and to present allegations of non-academic misconduct and recommend sanctions before a Non-Academic Misconduct Board is delegated to the Vice-President Student Life & Learning.

The authority to appoint Non-Academic Misconduct Boards and to otherwise facilitate the formal resolution of allegations of non-academic misconduct is delegated to the Discipline Coordinator. The Discipline Coordinator has the authority to extend any timeframe or deadline set out in this Code, where it is reasonable to do so.

The authority to impose and administer interim suspensions and property bans under Section 8.7.5 of this Code is delegated to the Director of Security and to the Vice-President Student Life & Learning.

Questions about standards and processes set out in this Code should be directed to the Vice-President Student Life & Learning or the Discipline Coordinator.

B. Authority of Instructors to Deal with Disruptive Behaviour

In the classroom context, which includes any formal or informal learning situation where a Concordia instructor is present, the individual instructor has the discretion and authority to direct any student or students who are engaging in disruptive behaviour to leave the class. Security may be contacted if necessary, to escort the student from the class and, if applicable, from Concordia property.

Instructors are required to report such incidents to the Vice-President Student Life & Learning and further disciplinary action may be taken at the discretion of the Vice-President Student Life & Learning.

8.7.2 Application of the Code of Student Conduct

This Code applies to all student conduct, by any means whatsoever (including but not limited to internet forums, electronic communications, or other media), that has a real and substantial link to Concordia, whether or not the conduct has occurred on or in relation to Concordia property.

This may include but is not limited to student conduct that occurs in relation to any activity on or off campus which is initiated, sanctioned, or supervised by Concordia or any club, association, or organization associated with Concordia. This may include student conduct which occurs in connection with a demonstration, rally, or picketing. However, nothing in this Code will be construed to prohibit peaceful assemblies and demonstrations, or lawful picketing, or to inhibit free speech.

A. Responsibility of Students

All students are responsible for familiarizing themselves and governing themselves in accordance with this Code as well as any other applicable policies, rules and regulations of Concordia (Concordia Rules), including but not limited to:

Discrimination, Harassment and Accommodation Policy and associated procedures
Sexual Violence Policy and associated procedures

As a further example, students living in or attending at a Concordia residence are subject to this Code in addition to any rules, regulations, and standards applicable to that residence.

Similarly, students with special responsibilities established by Concordia (including but not limited to student athletes and students participating in international exchanges) are subject to this Code in addition to any rules, regulations and standards applicable to their special responsibilities.

Students are also responsible for familiarizing themselves and governing themselves in accordance with any applicable municipal by-law, or provincial or federal statute or regulation (“External Rules”).

B. Application of the Code to Contravention of External Rules

Contravention of Concordia Rules or External Rules by a student may be considered non-academic misconduct and may be dealt with in accordance with this Code.

Students may be subject to disciplinary proceedings by external agencies, or civil or criminal proceedings in relation to allegations that would also be considered non-academic misconduct under this Code. In such a case, the Vice-President Student Life & Learning may exercise discretion to postpone disciplinary proceedings under this Code until external proceedings have been concluded, but is under no requirement to do so.

Any person or body authorized to make decisions under this Code is not bound by the outcome of any external proceeding, or proceedings taken under other Concordia Rules.

C. Application of the Code to Former Students

The disciplinary processes in this Code apply, as necessary, to former students including but not limited to students who have been suspended or expelled, or who graduate, withdraw, or attempt to withdraw from Concordia prior to the resolution of an allegation of non-academic misconduct.

D. Rights of Students

Any student who is accused of having engaged in non-academic misconduct has the right:

to choose whether or not to provide evidence and/or to be a witness in the case against them;
to be presumed not to have committed non-academic misconduct until non-academic misconduct has been established on a balance of probabilities, by an impartial and unbiased decision-maker;
to have their case adjudicated within a reasonable time having regard to the surrounding circumstances;
to consult with the Vice-President Student Life & Learning or Discipline Coordinator for information about the discipline process and requirements for a hearing under this Code;
to be accompanied by a person of the student’s choosing to any hearing under this Code;
to reasonable notice of the time, place and nature of any hearing under this Code;
to be given a reasonable opportunity to respond to any allegations before being found to have committed misconduct;
to reasonable disclosure of the allegations against the student within a reasonable time before any hearing under this Code;
in any hearing under this Code, to present the student’s case, to call their own witnesses, and to ask respectful and reasonable questions of any other witnesses called;
to access any applicable appeal processes in accordance with this Code; and
to be advised of the reasons for any decision made under this Code.

8.7.3 Non-Academic Misconduct

Non-academic misconduct can take many forms and, except as otherwise set out in the Sexual Violence Policy and associated procedures, is subject to disciplinary processes under this Code. Broadly defined, non-academic misconduct includes, but is not limited to, any behaviour or pattern of behaviour that:

adversely affects the learning of others, Concordia University of Edmonton, or its educational mission;
violates established civil or criminal statutes;
threatens the safety or well-being of members of the Concordia community; or
violates the ethical standards set by a professional association specific to the program to which the student belongs.

The specific forms of non-academic misconduct described below are not a comprehensive list, but provide guidance for students and decision-makers under this Code.

A. Conduct of Students in Professional Programs

Students who are enrolled in a professional program are expected to hold themselves to a professional standard of conduct. Failure to do so may be deemed non-academic misconduct under this Code.

It is the responsibility of each student in a professional program to obtain and be familiar with the professional code of ethics relevant to their intended profession and any amendments thereto as may be made from time to time.

Many of Concordia’s professional programs involve clinical courses, practicums, and directed field studies. Any alleged contravention of the code of ethics governing the profession which occurs while a student is involved in a clinical course, practicum, directed field study, or other setting related to their intended profession is subject to the discipline processes set out in this Code.

B. Disruption

No student shall disrupt a class in such a way that interferes with the normal process of the session or the learning of other students;

No student shall, by action, words, written material, or by any means whatsoever, obstruct Concordia activities and functions; and

No student shall use words that could reasonably be expected to incite others to behaviour that is inconsistent with community standards, including but not limited to the standards described in this Code.

C. Dissemination of Malicious Materials

No student shall, by any means whatsoever, disseminate or cause to be disseminated malicious or defamatory material, or engage in activity which creates or contributes to a social or academic climate that hinders or prevents the full participation of another person or group in the life of Concordia.

D. Discrimination

No student shall engage in acts of discrimination against any person or group of persons while participating in Concordia activities and functions. Discrimination is defined in the Discrimination, Harassment, and Accommodation Policy.

E. Retaliation

No student shall retaliate against a person who has made a complaint or allegation against the student under this Code, or provided information, served as a witness, or acted in an official capacity in the discipline process.

F. Unfounded Allegations

No student shall make a complaint or allegation against another member of the Concordia community unless the student believes, on reasonable grounds and in good faith, that the other member of the Concordia community has engaged in misconduct warranting a complaint.

G. Violations of Safety or Dignity

No student shall have sexual or physical contact with another person without that person’s consent. Students should refer to the Sexual Violence Policy for more information.

No student shall physically abuse another person, threaten any other person with physical abuse, or cause any other person to fear physical abuse.

No student shall create a condition which endangers, or potentially endangers, or threatens the health, safety, or well-being of other persons.

No student shall harass another person. Harassment is defined in the Discrimination, Harassment, and Accommodation Policy.

H. Sexual Violence

No student shall engage in acts of sexual violence. Sexual violence is defined in the Sexual Violence Policy. Allegations of sexual violence will be handled in accordance with the Sexual Violence Policy and its associated procedures.

I. Hazing

No student shall organize, participate, or engage in the hazing of another person, regardless of whether the individual who is the subject of the hazing has consented to participate in or be subjected to the activities in question, or whether the activities in question are part of a ritual or tradition of an organization.

Hazing includes any situation created, or intentional, negligent, or reckless action taken by a student, whether on or off Concordia property, which

could be seen by a reasonable person as endangering the physical health of an individual or causing mental distress to an individual through, for example, physical discomfort, embarrassment, harassment, or ridicule;
results in the destruction, damage, or removal of any public or private property; or
causes, induces, pressures, coerces, or requires another person to violate any External Rules or Concordia Rules,

for purposes that include, but are not limited to, initial or continued admission, affiliation, or initiation with any group or organization.

J. Inappropriate Use of University Property and Resources

No student shall possess without authorization, misappropriate, convert, destroy or otherwise damage Concordia property or the property of any other member of the Concordia community, including the knowing possession of stolen property.

No student shall deface the inside or outside of any building or property of Concordia.

No student shall use any facility, equipment, material, service, or resource contrary to express instructions or without proper authority. No student shall obtain or obtain access to any facility, equipment, material, service, or resource by fraudulent means or by providing false information.

No student shall enter or remain in any Concordia building, facility, room, or office, without proper authority, contrary to express instructions, or with intent to damage, destroy, convert, or misappropriate Concordia property.

No student shall use any Concordia computer or computer-related facility or equipment without proper authorization, or in contravention of the conditions for use of such computer, facility, or equipment.

No student shall introduce any malicious code on any Concordia computer or use any Concordia computer to develop, modify, mutate, disseminate, propagate, or release any malicious code. Malicious code includes any software that has been written specifically to do something unexpected (usually, but not always, undesirable or destructive) to another user’s computer and/or data.

No student shall remove books or other library materials from Concordia’s library without proper authorization, mutilate or deface library books or material, purposely misplace them, or in any other way purposely deprive other members of the Concordia community of the opportunity to have access to library resources.

K. Misrepresentation & Bribery

No student shall misrepresent pertinent facts to any member of the Concordia community to obtain any academic or other advantage.

No student shall offer or provide a monetary or other benefit to any member of the Concordia community for the purpose of gaining academic or other advantage.

L. Participation (Providing Assistance) in Misconduct

No student shall counsel, encourage, or knowingly aid or assist, directly or indirectly, another person in the commission of any misconduct as set out in this Code.

M. Failure or Refusal to Cooperate

Knowing failure or refusal to appear before any Concordia review board or designated official; failure or refusal to comply with directives from Concordia officials; and knowing violation of the terms of any sanctions imposed under this Code may be deemed non-academic misconduct.

N. Other Types of Non-Academic Misconduct

No student shall use, possess, or store any weapon, any instrument or device that a reasonable person would believe is a weapon, dangerous chemicals, fireworks, or explosives on Concordia property, whether or not a licence to possess the same has been issued to the possessor.

As per our Alcohol policy, no student shall consume or serve alcohol on Concordia University of Edmonton property, other than at a Concordia function with a valid licence issued by the Alberta Gaming and Liquor Board, and written permission from the President or his or her delegate. Both the licence and the written permission must be posted in a prominent place at the function.

No student shall violate Alberta Gaming and Liquor Board regulations regarding the use of alcohol on campus.

No student shall possess, use, or distribute illegal or dangerous drugs on Concordia property or among members of the Concordia community.

No student shall smoke at any time in any area of Concordia University of Edmonton where smoking is banned. Smoking includes but is not limited to use of cigarettes, cigars, pipes, e-cigarettes, vaporizers, or hookah (a.k.a. shisha, argilah, etc.).

8.7.4 Reporting Incidents of Non-Academic Misconduct

All members of the Concordia community share in the responsibility of protecting the personal dignity and security of each member of the community and the safety and integrity of the community as a whole.

Any member of the Concordia community who believes, on reasonable grounds, that a student has engaged in non-academic misconduct should consider reporting the matter to the Vice-President Student Life & Learning. Members of the broader community may also report incidents of alleged non-academic misconduct.

A person who makes an allegation that a student has engaged in conduct that would be considered non-academic misconduct under this Code is considered a Complainant, whether or not they are the target or victim of the alleged non-academic misconduct.
A student against whom an allegation of non-academic misconduct is made under this Code is considered a Respondent.

The Vice-President Student Life & Learning may also initiate disciplinary proceedings under this Code if allegations of non-academic misconduct are brought to their attention through other means, including but not limited to their own observation or inquiry.

An allegation of non-academic misconduct should be made in writing, preferably using the Non-Academic Misconduct Report form available at www.concordia.ab.ca.

8.7.5 Urgent Cases of Disruptive, Threatening or Violent Conduct

The Director of Security or the Vice-President Student Life & Learning may impose an interim suspension and/or ban from Concordia property if there is a reasonable basis to conclude the continued presence of a student on Concordia property or the continued involvement of a student in any activity or function may result in significant harm to any member of the Concordia community or to Concordia property.

The Behavioural Support and Intervention Team (BSIT) will be informed as soon as possible after an interim suspension and/or property ban is imposed under this section. An interim suspension under this section may or may not result in non-academic misconduct proceedings, depending on the circumstances.

An interim suspension imposed under this section comes into effect immediately and remains in effect until the earlier of:

the resolution of the matter in accordance with this Code, including the expiration of any appeal period or the determination of any appeal, or
a determination by the Director of Security in consultation with BSIT, that the interim suspension is no longer necessary.

When an interim suspension and/or property ban is in effect, allegations of non-academic misconduct will not be referred for informal or formal resolution under this Code until the Director of Security, in consultation with BSIT, determines it is safe and appropriate to do so. Unless the Director of Security specifically decides the interim suspension and/or property ban is no longer necessary, it will remain in effect during the resolution process.

A student who is subject to an interim suspension and/or property ban imposed under this section may ask the Director of Security to reconsider whether the interim suspension and/or property ban is warranted. The request must be made in writing and should clearly state the reason the student does not think the interim suspension and/or property ban is warranted. The Director of Security will consider the request in consultation with BSIT and/or the Vice-President Student Life & Learning, as appropriate, and inform the student of their decision.

An interim suspension and/or property ban imposed under this section is not considered a sanction or a disciplinary action.

8.7.6 Resolution Processes Under the Code

When the Vice-President Student Life & Learning receives a complaint of non-academic misconduct, the Vice-President Student Life & Learning will review the allegations and may meet with the Complainant and the Respondent separately, as well as any other individuals directly affected by the alleged misconduct, to determine whether the matter can be resolved informally pursuant to the Code.

If informal resolution is not possible, or would not be appropriate in the circumstances, the Vice-President Student Life & Learning will refer the matter for formal resolution pursuant to the Code.

When a matter is referred for formal resolution, it will go before the Non-Academic Misconduct Review Board. The Review Board will determine on a balance of probabilities whether the student committed non-academic misconduct and, if so, will impose one or more of the sanctions provided for under this Code.

Any appeal of a decision by the Review Board will be heard by the Non-Academic Misconduct Appeal Board pursuant to the Code.

Notwithstanding the above, where a student is alleged to have engaged in sexual violence, the allegation will be handled in accordance with the Sexual Violence Policy and its associated procedures instead of the procedures set out in this Code.

A. Confidentiality

Information relevant to the investigation and/or resolution of an allegation of non-academic misconduct will only be made available to those persons who have a need to be informed.

In some cases the Vice-President Student Life & Learning may decide, in consultation with the Director of Security, that it is necessary to inform other members of the Concordia community of aspects of the allegations and/or the identity of one or more of the individuals involved in the matter.

Hearings before a Non-Academic Misconduct Board are closed to the public as well as to members of the Concordia community not directly involved in the matter.

Concordia may use or disclose information received in connection with the investigation and/or resolution of an allegation of non-academic misconduct for the broader purpose of reviewing, improving, or reporting on Concordia’s policies and procedures, but will ensure that individually identifying information is not disclosed for such purpose except with the consent of the individuals involved.

8.7.7 Sanctions for Non-Academic Misconduct

A student who is found to have committed non-academic misconduct under the formal resolution process set out in this Code will receive one or more of following sanctions:

Warning — Written notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
Community Service — Prescribed service to the Concordia community commensurate with and appropriate to the nature of the misconduct.
Restitution — Monetary reimbursement for damage to, or destruction of, Concordia property or property of a third party. A conduct hold will be placed on the student’s record until such time as the prescribed amount is paid in full.
Conduct Probation — A period of probation in which a student is restricted from engaging in behaviours that, while normally acceptable, have proved damaging or problematic for that individual. This may be assigned with the recommendation of counselling or rehabilitative programming.
Restriction of Privileges — Formal limitation imposed upon use of specific Concordia facilities, equipment, resources or services, or contact with a specified person(s) for a prescribed period.
Encumbrance — Notation on the student’s record that results in the withholding of a student’s official grades or other indicators of academic achievement, withholding of official transcripts, or denial or termination of registration until confirmation by the Vice-President Student Life & Learning that the student has complied with all imposed sanctions.
Suspension — A student may be prohibited from accessing any or all of the Concordia University of Edmonton premises and any or all Concordia services for a prescribed period of time or until prescribed conditions are satisfied. After the applicable period of time has passed and/or the conditions have been met, the student may re-apply to Concordia for admission, but will not be guaranteed a place in their initial program of study. The suspension of an individual is recorded on their Concordia transcript.
Expulsion — Permanent restriction from accessing any Concordia property or services. The expulsion of an individual is recorded on their Concordia transcript.

All sanctions imposed under the formal resolution process will be recorded in the student’s disciplinary file.

A. Guidelines for Choosing Sanctions

Sanctions imposed should be commensurate with the nature and severity of the misconduct, taking into account relevant factors including but not limited to:

whether there has been any previous finding of misconduct with respect to the student;
the impact of the misconduct on other members of the community, especially any ongoing impact;
the degree to which the student has acknowledged the misconduct, expressed remorse, and/or attempted to make amends; and
the student’s personal circumstances including any disability related to the misconduct, and the age of the student.

Less severe sanctions may be appropriate where there has been no previous finding of misconduct and the misconduct is not considered severe. More severe sanctions such as suspension or expulsion may be appropriate where:

there has been a previous finding of misconduct or there are multiple allegations of misconduct, depending on the factors listed above and other relevant circumstances; or
the misconduct is grievous or repeated, especially in cases of physical or sexual aggression.

8.7.8 Informal Resolution of Allegations of Non-Academic Misconduct

In some cases, an allegation of non-academic misconduct can be resolved informally between the individuals involved. Informal resolution processes allow the participants a greater measure of control in the process and in the outcomes than is afforded by formal resolution processes. Depending on the nature of a specific case, informal procedures may not be an appropriate option for parties to pursue.

The Vice-President Student Life & Learning may discuss the allegations of non-academic misconduct with the Complainant and the Respondent and any other individuals directly affected by the alleged misconduct, to determine whether informal resolution is possible or appropriate.

If the Complainant and the Respondent agree to attempt to resolve the matter informally, and the Vice-President Student Life & Learning determines that such an approach is appropriate in the circumstances, arrangements may be made for the provision of advising, mediation and/or counselling services, as required. At any point in the process, a Complainant or a Respondent may change their mind about proceeding informally, in which case the Vice-President Student Life & Learning will refer the matter for formal resolution.

In an informal resolution, the parties may adopt one or more of the sanctions provided for by this Code as an agreed-upon consequence for the student who is alleged to have committed non-academic misconduct. However, this is not mandatory. Ultimately, the resolution agreed upon by the parties is subject to approval by the Vice-President Student Life & Learning.

If a matter is resolved through this informal process, a written record of the process and resolution will be kept in the Student Life and Learning Office, under the authority of the Vice-President Student Life & Learning.

If a matter cannot be resolved informally within a reasonable period of time, or if the Vice-President Student Life & Learning concludes based on new information that informal resolution is no longer possible or appropriate, the matter may be referred for formal resolution.

A. Reporting a Breach of an Informal Resolution

If any person directly involved in the informal resolution of the matter believes the terms of the resolution have been breached, they will promptly inform the Vice-President Student Life & Learning of the alleged breach. The Vice-President Student Life & Learning has the discretion to refer the matter for formal resolution at that point.

8.7.9 Formal Resolution of Allegations of Non-Academic Misconduct

Matters that are referred for formal resolution will be decided by the Non-Academic Misconduct Review Board. Depending on the circumstances, the Review Board may make a decision after reviewing written materials only, or after an in-person hearing. Any appeal of a decision by the Review Board will be heard by the Non-Academic Misconduct Appeal Board.

The Discipline Coordinator is responsible for facilitating these formal resolution processes.

A. The Parties in a Formal Resolution

In a formal resolution, the parties are the Vice-President Student Life & Learning and the Respondent. The Vice-President Student Life & Learning or their designate will present the allegations to the Non-Academic Misconduct Board and recommend an appropriate sanction. The Respondent will have an opportunity to respond.

The Complainant and other individuals may be involved as witnesses.

B. Participating on Non-Academic Misconduct Boards

Peer adjudication is an important part of Concordia’s formal resolution process under this Code, ensuring students and faculty members share in the responsibility of restoring order to the Concordia community by handling allegations of non-academic misconduct in a fair and principled manner.

Students and faculty who are interested in serving as Non-Academic Misconduct Board members are encouraged to contact the Discipline Coordinator for further information.

Serving as a Board member is a serious responsibility. Board members have an obligation to become informed about the facts of a case by being attentive to the proceedings, to be fair and impartial throughout, to render a just decision, and to impose an appropriate sanction.

All Board members

may be required to participate in Board training from time to time, as determined by the Discipline Coordinator; and
must inform the Discipline Coordinator of any known conflicts of interest or biases which might affect their impartiality in any matter in which they are asked to hear, including any conflict of interest or bias which becomes apparent during a hearing.

The decision of the Discipline Coordinator as to whether an individual is qualified to serve as a Board member in a particular case is final.

C. Composition and Jurisdiction of Non-Academic Misconduct Boards

At any given time, there will be no fewer than three faculty members and two students appointed to serve, when needed, as Non-Academic Misconduct Board members.

Review Board

When a matter is referred for formal resolution, the Discipline Coordinator will appoint one student and two faculty members to serve as the Non-Academic Misconduct Review Board.

Appeal Board

If the decision of the Review Board is appealed, the Discipline Coordinator will appoint one student and one faculty member who did not serve as the Review Board, to serve on the Non-Academic Misconduct Appeal Board. The President or their delegate will serve as the third member of the Appeal Board, and will act as Chairperson of the Appeal Board.

The Chairperson will conduct the hearing, preside over the deliberations of the Appeal Board, and issue the Appeal Board’s decision and written reasons for the decision. The Appeal Board will make decisions by majority.

Ordinarily, all three members of a Review Board or Appeal Board must be present throughout the entire hearing to constitute quorum. However, if a Board member is unable to complete a hearing for any reason, the Discipline Coordinator will determine whether to carry on with the remaining members; to replace that member and either carry on or recommence the hearing; or to select a new Board and recommence the hearing. The decision of the Discipline Coordinator is final.

Standard of Proof for Non-Academic Misconduct

A determination as to whether a student has committed non-academic misconduct is made on a balance of probabilities. In other words, is it more likely than not that the non-academic misconduct occurred?

Authority to Impose Sanctions

The Non-Academic Misconduct Review Board and Appeal Board do not have the authority to impose sanctions or consequences on a Respondent other than in accordance with this Code.

Accepting Joint Submissions

If the Vice-President Student Life & Learning and the Respondent agree as to whether or not the Respondent committed non-academic misconduct and, if so, the appropriate sanction or sanctions to be imposed, they may make a joint submission to the Review Board or the Appeal Board (as applicable) informing them of their agreement.
The Board must not reject a joint submission unless there is a reasonable basis on which it believes accepting the joint submission would result in significant harm to one or more members of Concordia’s community or otherwise bring Concordia’s reputation into serious disrepute.

8.7.10 Review Board Processes

A. Referring a Complaint for Formal Resolution

When an allegation of non-academic misconduct is referred for formal resolution, the Vice-President Student Life & Learning will provide the following, in writing, to the Discipline Coordinator:

a summary of the allegations of non-academic misconduct;
any materials received from the Complainant, the Respondent, or any witnesses to the alleged misconduct, relating to the allegations;

Within 7 days after receiving these materials, the Discipline Coordinator will make a preliminary assessment of whether the matter can be decided based on written materials, or whether an in-person hearing is necessary. This time period may be extended by the Discipline Coordinator where necessary, by no more than 7 additional days.

B. Review Hearings: Written Materials Only

If the Discipline Coordinator is of the view that the matter can be decided based on written materials, the Discipline Coordinator will:

provide or make accessible to the Respondent a copy of the materials received from the Vice-President Student Life & Learning, and
notify the Respondent of the deadline by which the Respondent must provide any other written materials they want the Review Board to consider.

The Vice-President Student Life & Learning will be provided with a copy of any additional materials received from the Respondent. The Vice-President Student Life & Learning will then have 5 days to provide a response to any materials received from the Respondent, and may make a recommendation as to an appropriate sanction if a finding of non-academic misconduct is made and explain the basis for this recommendation.

Within 5 days after the deadline for receiving any further written materials from the Vice-President Student Life & Learning in response to the materials provided by the Respondent, the Discipline Coordinator will appoint a Review Board and provide to the Review Board all of the materials received from the Vice-President Student Life & Learning and any additional materials received from the Respondent.

If the Review Board, upon reviewing the materials provided, determines an in-person hearing is needed, they will communicate this to the Discipline Coordinator as soon as possible.

If the Review Board determines on the basis of the materials provided that the Respondent has committed non-academic misconduct, the Review Board will impose one or more of the sanctions provided by this Code. Within 14 days after receiving the materials, the Review Board must issue its decision and reasons for its decision, in writing, to the Discipline Coordinator. The Review Board may seek an extension of this time period from the Discipline Coordinator in appropriate circumstances.

Within 3 days after receiving the Review Board’s decision and reasons, the Discipline Coordinator must provide a copy of the decision and reasons to the Respondent and to the Vice-President Student Life & Learning.

C. Review Hearings: In-Person

If the Discipline Coordinator is of the view that an in-person hearing is needed to decide the matter, or if the Review Board determines an in-person hearing is needed, the Discipline Coordinator will appoint a Review Board (if this has not already been done) and will determine in coordination with the Review Board and the Vice-President Student Life & Learning, when and where the hearing will take place.

Notice of the Hearing

The Discipline Coordinator will then:

provide the Respondent with written notice of when and where the hearing will take place, and
provide or make accessible to the Respondent a copy of the materials received from the Vice-President Student Life & Learning (if this has not already been done).

If you are the Respondent, you must inform the Discipline Coordinator immediately if you are unable to attend the hearing, including the reason you cannot attend. If the Discipline Coordinator determines you have a valid reason not to attend, the hearing may be rescheduled. Failure to properly prepare for a hearing is not a valid reason.

Preparation

No later than 3 days before the hearing, the Respondent must provide the following, in writing, to the Discipline Coordinator:

Any other written materials the Respondent wants the Review Board to consider.
The name of one support person, if any, who will accompany the Respondent to the hearing. (A support person is not required. If one accompanies the Respondent, this person may quietly and non-disruptively advise the Respondent, but generally may not speak or make written submissions on their behalf. At the hearing, the Respondent must present their own case and personally answer any questions asked of them.)
The name of each witness, if any, the Respondent intends to have speak at the hearing, as well as each witness’s connection to the allegations. (The Respondent is responsible for ensuring their witnesses attend on the day of the hearing.)

The Vice-President Student Life & Learning will be provided with a copy of any additional materials received from the Respondent.

The Discipline Coordinator will provide all of the written materials to the Review Board in advance of the hearing, and the Review Board should review all of these materials prior to the hearing itself.

The Hearing

At the hearing, the Vice-President Student Life & Learning will introduce everyone in the room and outline the process. The Vice-President Student Life & Learning will then present the allegations of non-academic misconduct and the facts and arguments which support the allegations. Witnesses, including the Complainant, may be called by the Vice-President Student Life & Learning, and the Respondent and the Review Board may ask questions of them.

Although the Respondent must be presumed innocent unless the Review Board makes a finding of non-academic misconduct, the Vice-President Student Life & Learning will also make a recommendation at the end of his or her submissions as to what an appropriate sanction would be if a finding of non-academic misconduct is made, and explain the basis for this recommendation.
The Respondent will then be asked to present the facts and arguments against the allegations and/or against the recommended sanctions. Witnesses may be called by the Respondent, and the Vice-President Student Life & Learning and the Review Board may ask questions of them.

The Review Board may consider it necessary to hear from a witness who has not been identified by the Vice-President Student Life & Learning or the Respondent. If so, the Vice-President Student Life & Learning and the Respondent will also have opportunity to ask questions of that witness. The Board may also ask questions directly of the Vice-President Student Life & Learning or the Respondent.

When the Review Board is satisfied that both parties have had a fair opportunity to present their case, and has no further questions for the parties or any witnesses, the Review Board will call the hearing to a close.

Review Board’s Decision

After the hearing, the Review Board will determine whether the Respondent has committed non-academic misconduct and, if so, shall impose one or more of the sanctions provided by this Code. The Review Board must issue its decision and reasons for its decision, in writing, to the Discipline Coordinator within 14 days after the hearing ends, unless an extension is granted by the Discipline Coordinator.

Within three days after receiving the Review Board’s decision and reasons, the Discipline Coordinator shall provide a copy of the decision and reasons to the Respondent and to the Vice-President Student Life & Learning.

8.7.11 Appeal Board Processes

A. Requesting an Appeal

Both the Vice-President Student Life & Learning and the Respondent have a right to request an appeal of the Review Board’s decision on one or more of the following grounds:

The Review Board was biased.
The Review Board failed to comply with the principles of natural justice or procedural fairness.
The Review Board failed to consider important information in coming to its decision about whether there was non-academic misconduct and/or the appropriate sanction, and as a result of this failure made an unreasonable decision. This includes situations where important information was unavailable to the Review Board when it made its decision, but does not include situations where information was unavailable as a result of poor preparation by the person wishing to appeal.

Simply disliking or disagreeing with a decision is not a valid ground for appeal.

A request for an appeal must be in writing, and must be received by the Discipline Coordinator no later than 7 days after a copy of the Review Board’s decision was provided to the party requesting an appeal. The request must include the following information:

A clear explanation of which grounds of appeal (from the grounds listed above) are being relied upon, and why.
What the person requesting the appeal believes would have been an appropriate outcome to the allegations of non-academic misconduct, and why.

If a request for an appeal does not include all of the required information, or is not received in time, the Discipline Coordinator may dismiss the request. Before doing so, the Discipline Coordinator may ask for additional information or clarification from the party requesting an appeal, but is not required to do so. The decision of the Discipline Coordinator in this regard is final.

B. Appeal Hearings

Unless the Discipline Coordinator dismisses a request for an appeal because it is late or incomplete, the appeal will be determined after an in-person hearing before the Non-Academic Misconduct Appeal Board. The process for an appeal hearing before the Appeal Board will follow the same general approach as an in-person hearing before the Review Board, except as stated otherwise in this section.

Notice of the Appeal Hearing

Within seven days after receiving the request for an appeal, the Discipline Coordinator will

provide the other party with a copy of the request for an appeal;
appoint an Appeal Board; and
determine, in coordination with the members of the Appeal Board and the Vice-President Student Life & Learning, where and when the appeal hearing will take place.

The Discipline Coordinator will then provide the Respondent with written notice of where and when the appeal hearing will take place.

Preparation

No later than 3 days before the appeal hearing, both parties must provide the following, in writing, to the Discipline Coordinator:

Any other written materials they would like the Appeal Board to consider.
The name of each witness, if any, the party intends to have speak at the hearing, as well as each witness’s connection to the allegations and/or the grounds of appeal.
The Respondent may also provide the name of one support person who will accompany them to the appeal hearing,

The Discipline Coordinator will provide a copy of any such materials to the other party.

In advance of the appeal hearing, the Discipline Coordinator shall provide the Appeal Board with the following materials, which the members of the Appeal Board should review prior to the appeal hearing:

the written decision and reasons of the Review Board;
the written materials that were provided to the Review Board before it made its decision;
the written request for an appeal of the Review Board’s decision; and
any additional materials properly provided by the parties, to be considered by the Appeal Board.

The Appeal Hearing

At the appeal hearing, the Vice-President Student Life & Learning will introduce everyone in the room and outline the process. The appeal hearing will follow the same process as an in-person review hearing, with the exception that the party who requested the appeal will start by presenting the facts and arguments in support of the appeal.

To successfully appeal the Review Board’s decision, the party who requested the appeal must prove on a balance of probabilities that one or more of the grounds of appeal applies, and that as a result the outcome should be different. The party who requested the appeal should provide facts and argument in support of the different outcome they believe would be appropriate.

Once the party who requested the appeal has finished presenting their case, the other party will present the facts and arguments against the appeal. This may include an argument that no ground of appeal has been made out, or that regardless of whether a ground of appeal has been made out there should not be a different outcome.

Appeal Board’s Decision

After the appeal hearing, the Appeal Board will deliberate in private and determine whether one or more of the grounds of appeal applies, and if so, whether as a result the outcome should be different.

If the Appeal Board determines the outcome should be different, the Appeal Board will make its own determination of whether the Respondent committed non-academic misconduct and, if so, must impose one or more of the sanctions set out in this Code.

The Appeal Board must provide its written decision and reasons for its decision to the Discipline Coordinator within 7 days after the hearing ends, unless the time period is extended by the Discipline Coordinator.

Within 3 days of receiving the Appeal Board’s decision and reasons, the Discipline Coordinator will provide a copy of the decision and reasons to the Respondent and to the Vice-President Student Life & Learning. The decision of the Appeal Board is final.

[Approved by Board of Governors on May 25, 2018]