7.9.2.2.1. | Standard of Behaviour

  1. Learning Environment. Students have a right to support and assistance from the University in maintaining a climate conducive to teaching, thinking, and learning. University teaching should reflect consideration for the dignity of students and their rights. Students are entitled to academic freedom and autonomy in their intellectual pursuits and development. Students have a right to be treated with courtesy and respect.
  2. Rights in the Classroom. Students have a right to reasonable notice of the general content of the course, what will be required of them, and the criteria upon which their performance will be evaluated. Students have a right to have their performance evaluated promptly, conscientiously, without prejudice or favoritism, and consistently with the criteria stated at the beginning of the course.
  3. Role in Governance of the University. Students have a right to participate in the formulation and application of university policy affecting academic and student affairs through clearly defined means, including membership on appropriate committees. Among other things, students have a right to evaluate the performance of their faculty and the quality of university services without fear of negative personal consequences
  4. Due Process. Students have a right to due process in any proceeding involving the possibility of substantial sanctions. This includes a right to be heard, a right to decision, review, and appeal by impartial persons or bodies, and a right to adequate notice.
  5. Freedom from Discrimination and Sexual Harassment. Students have a right to be free from illegal discrimination and sexual harassment. University policy prohibits discrimination, harassment, or prejudicial treatment of a student because of his/her race, color, religion, national origin, gender, age, social group or disability.
  6. Freedom of Expression. Students have a right to examine and communicate ideas by any lawful means if the educational process of the university is not impeded.
    Privacy and Confidentiality. Students have a right to privacy and confidentiality subject to reasonable University rules and regulations. Matter shared in confidence must not be revealed by faculty members or University administrators except to persons entitled to such information by law or University policies. Students have a right to be free from unreasonable search and seizure.
  7. Student Records. Students have a right to protection against unauthorized disclosures of confidential information contained in their educational records. Students have a right to examine and challenge information contained in their educational records. For detailed information regarding confidentiality of educational records, students should refer to the University’s Policy on Privacy.
  8. Student Government and Student Organizations. Students have a right to participate in elections for Student Government. Students have a right to form student organizations and clubs consistent with university policy.

7.9.2.2.2. | Initial Written Complain

  1. Any person directly aggrieved by an alleged violation of the Standards of Behavior or any faculty member, student, or staff member may submit a written complaint to the Dean of Student Success, or designee, within seven (7) business days of the date of discovery of the alleged violation.
  2. A complaint that is frivolous, that fails to state facts that constitute a violation of the Standards of Behavior, or that is not timely, may be dismissed by the Dean of Student Success, or designee, after an initial review. Students who file frivolous complaints may be subject to other disciplinary action as described in this policy

7.9.2.2.3 | Initial Inquiry and Resolution

  1. After a written complaint has been submitted, the Dean of Student Success, or designee, will, within five (5) business days, give written notice to the student against whom the complaint was lodged (the respondent) of the allegations of the complaint and the procedures under the Student Code to resolve the issue.
  2. Within five (5) business days of receipt of the complaint, the Dean of Student Success, or designee, will begin an initial inquiry to determine whether there is a reasonable basis to confirm that the respondent violated the Student Standard of Behavior The Dean , or designee, will interview the complaining party, the respondent, and any other person believed to have relevant factual knowledge of the allegations. The Dean , or designee, may also review any other relevant evidence, including documentary material.
  3. At the conclusion of the initial inquiry, the Dean of Student Success, or designee, will determine whether there is a reasonable basis for confirming that the respondent violated the Standards of Behavior. The Dean, or designee, will notify the respondent and the complaining party in writing of the decision.
  4. If the Dean of Student Success, or designee, determines that there is a reasonable basis for believing that the respondent violated the Standards of Behaviour, he/she will determine whether efforts at informal resolution are appropriate and, if so, will take whatever steps are useful to that end. Efforts to informally resolve the dispute will occur within five (5) business days of the conclusion of the initial inquiry. If an informal resolution is reached and respondent complies with the terms and conditions, if any, of the resolution, no further action against the respondent will be taken and the matter will be closed.

7.9.2.2.4 | Formal Written Complaint..

  1. If efforts to achieve an informal resolution are inappropriate or unsuccessful within the allotted time period, the Dean of Student Success, or designee, will determine whether the initial written complaint provides enough information to submit for consideration by the Student Affairs Adjudication Committee. If insufficient, the Dean s, or designee, will instruct the complaining party to prepare and submit, within five (5) business days, a detailed formal written complaint of the circumstances and actions giving rise to the complaint.
  2. If a complaining party elects not to pursue the matter, the Dean of Student Success, or designee, may dismiss the complaint or prepare and submit a formal written complaint against the respondent and pursue the matter with the Adjudication Committee. 3.4.3. If the latter action is taken by the Dean of Student Success, or designee, the formal written complaint prepared by the Dean’s Office will be provided to the respondent.
  3. Within five (5) business days of receiving a formal written complaint, the respondent may submit a written response to the complaint to the Dean of Student Success’s Office. 3.4.5. The Dean of Student Success, or designee, will refer the formal written complaint and any written response from the respondent to the Adjudication Committee.

7.9.2.2.5 | Student Affairs Adjudication

  1. 3.5.1. Makeup of the Committee. The Student Affairs Adjudication Committee will be composed of five (5) members. Three members shall be faculty appointed by the Vice Rector of Academic Affairs, one from each of the three main faculties. One (1) member will be staff appointed by the Dean of Student Success. One (1) member shall be a student appointed by the President upon nomination by the Dean of Student Success in consultation with the leadership of SU Student Government. Faculty and staff will serve one -year terms, which may be renewed for an additional year upon the approval of the Vice Rector of Academic Affairs; students will serve one-year terms with the possibility of one-year extensions.
  2. 3.5.2. Conflict of Interest. Based upon the judgement of the Dean of Student Success or upon written request of one of the parties or Committee members, the Dean of Student Success may excuse any member of the Committee if the Dean determines that the member has a conflict of interest. The Dean will notify an appropriate alternate (i.e. student, faculty, or staff) to replace the excused member.
  3. 3.5.3. Proceedings Before the Committee. When a timely complaint and response are filed, the Committee chair will schedule a hearing date if:
    1. 3.5.3.1. The documents raise material issues of disputed fact;
    2. 3.5.3.2. The Committee chair determines that a hearing is necessary or otherwise desirable to aid in the resolution of the issues; or
    3. 3.5.3.3. The possible sanctions against the respondent may include dismissal from the University or suspension from the University. If the Committee chair determines that no circumstances exist that require a hearing, as provided above, the chair will notify the complaining party and respondent in writing of this determination and convene a closed meeting of the Committee to consider the documentation provided. The Committee chair will prepare a written report of the Committee’s findings and recommendations and present it to the Dean of Student Success within five (5) business days after the Committee meeting.
  4. 3.5.4. Notice of Hearings Before the Committee. If the Committee chair determines that a hearing is required, the chair will schedule a hearing date and notify the parties in writing of the date of the hearing and the hearing procedures. Notice will be provided at least five (5 business days before the hearing.
  5. 3.5.5. Hearing Procedures. Hearings will be conducted according to the following procedures:
    1. 3.5.5.1. Hearings will be conducted within a reasonable time after the Committee’s receipt of the complaint.
    2. 3.5.5.2. At least two (2) business days prior to the date of the hearing, the parties will make available to each other and to the Committee a list of their witnesses and a list of documents to be offered at the hearing. In exceptional cases, the Committee may allow a party to call witnesses not listed or submit additional documents at the hearing.
    3. 3.5.5.3. The parties have a right to be accompanied by any person as an advisor, including legal counsel, who will be permitted to attend, but not participate in, the proceedings.
    4. 3.5.5.4. Hearings will be closed to the public. `
    5. 3.5.5.5. The Committee must have a quorum present to hold a hearing. If there is more than one hearing in a matter, or if the hearing continues over more than one session, the same members must be present for all sessions. All findings and recommendations of the Committee will require a majority vote of the Committee members present at the hearing. If the Committee cannot reach a majority vote, the Dean of Student Success will make the final determination of findings and recommendations.
    6. 3.5.5.6. At the hearing, the parties will have the right to present questions to witnesses through the Committee chair, to present evidence and to call witnesses in their own behalf.
    7. 3.5.5.7. The Committee will not be bound by strict rules of legal evidence or procedure and may consider any evidence it deems relevant.
    8. 3.5.5.8. University legal counsel will serve as a resource to the Committee and may be present at the hearing to provide guidance on substantive law and procedural matters.
    9. 3.5.5.9. If a majority of the Committee members find, by a preponderance of the evidence that the responding student violated the Student Code, the Committee may recommend any behavioural sanction it deems appropriate given the circumstances of the case, including but not limited to a written reprimand, restitution, community service, probation, suspension, or dismissal from the University.
    10. 3.5.5.10. The Committee will make its findings and recommendations based only on evidence and testimony presented by the parties at the hearing. Committee members will not conduct their own investigations, rely on prior knowledge of the facts or develop their own evidence.
    11. 3.5.5.11. If the complaining party or the respondent fails to attend the hearing without good cause, the Committee may proceed with the hearing and take testimony and evidence and report its findings and recommendations to the Dean of Students on the basis of such testimony and evidence.
  6. 3.5.6. Review and Decision by the Dean of Student Success
    1. 3.5.6.1. The Dean of Student Success will consider the documentation submitted to the Committee and the findings and recommendations of the Committee in making a final decision. Based upon such a review, and without conducting further hearings, the Dean of Student Success, or designee, will, within three (3) business days, take one of the following actions:
      1. 3.5.6.1.1. Accept the Committee’s findings and recommendations.
      2. 3.5.6.1.2. Return the report to the Committee chair, requesting that the Committee reconvene to reconsider or clarify specific matters, materials, and issues, and return a second report of its findings and recommendations for further consideration; or
      3. 3.5.6.1.3. Reject all parts of the Committee’s findings and recommendations, stating reasons and actions to be taken, therefore. The Dean may impose a greater or lesser sanction than recommended by the Committee.
    2. 3.5.6.2. Written notification of the Dean’s decision will be communicated to the parties concerned within three (3) business days after receipt of the recommendation.
    3. 3.5.6.3. The Dean’s decision is final unless appealed to the Vice Rector for Student Success within five (5) business days of receipt of the decision.
  7. 3.5.7. Appeal to the Vice Rector for Student Success Within three (3) business days of receipt of the Dean’s decision, any party may appeal the decision by filing a written notice of appeal with the Vice Rector for Student Success, whose office will deliver a copy to the other party. The other party may file a response with the Vice Rector for Student Success within three (3) business days of receipt of the appeal. In the case of an appeal.
    1. 3.5.7.1. The Vice Rector for Student Success will consider the appeal and the response and may solicit whatever counsel and advice he/she deems appropriate to arrive at a final decision. At that point, the Vice Rector for Student Success will take one of the following actions:
      1. 3.5.7.1.1. Accept the decision of the Dean of Student Success;
      2. 3.5.7.1.2. Return the report to the Dean of Student Success requesting that he/she clarify specific matters, materials, and issues, and forward to the Vice Rector for Student Success a second report with further explanation; or
      3. 3.5.7.1.3. Reject all or parts of the Dean’s decision, stating reasons and actions for either imposing a greater or lesser sanction than determined by the Dean
    2. 3.5.7.2. Written notification of the Vice Rector’s decision and the basis for that decision will be communicated to the parties concerned within five (5) business days after receipt of the appeal.
    3. 3.5.7.3. The decision of the Vice Rector for Student Success is final.
  8. 3.5.8. Suspension or Dismissal from the University for Behavioral Misconduct The sanctions of suspension or dismissal from the University for behavioral misconduct may be imposed: (1) if agreed upon in informal resolution between the respondent and the Dean of Student Success or designee; (2) if recommended by the Adjudication Committee to the Dean; (3) by the Dean notwithstanding the recommendation of the Committee; or (4) by the Vice Rector for Student Success notwithstanding the decision of the Dean of Student Success. A student who has been suspended or dismissed from the University will be denied all privileges accorded to a student.
    1. 3.5.8.1. Suspension
      1. 3.5.8.1.1. Suspension from the University will be for a minimum time of one semester following the semester the student is found responsible for the behavioral misconduct.
      2. 3.5.8.1.2. The Office of the Dean of Student Success will notify the student in writing of the suspension, conditions for reinstatement, and of the obligation of the student to petition for reinstatement. Notice of the suspension will also be provided to the student’s dean.
      3. 3.5.8.1.3. Petitions for reinstatement will be submitted to the Office of the Dean of Student Success and will explain how the conditions for reinstatement have been met.
      4. 3.5.8.1.4.The Office of the Dean of Student Success will consider the petition and will issue a decision regarding the student’s reinstatement within five (5) business days of receipt of the petition.
    2. 3.5.8.2. Dismissal
      1. 3.5.8.2.1.Dismissal from the University is final. A student dismissed from the University for behavioral misconduct may not petition for reinstatement.
      2. 3.5.8.2.2.Permanent records of dismissal will be kept in the Office of the Dean of Student Success. Notice of the dismissal will be provided to the student’s dean.
      3. 3.5.8.2.3.Dismissal will be reflected on the student’s transcript.
      4. 3.5.8.2.4.Dismissal will be reserved for only the most egregious offenses or for repeated and persistent violations of less-egregious offenses
  9. 3.5.9. Administrative Suspension to Protect the University Population The Vice Rector for Student Success or the Vice President for Academic Affairs may suspend a student from the University prior to an initial inquiry and hearing if such action appears necessary to protect the health or well-being of any member of the University community, any member of the public, or to prevent serious disruption of the educational process. As soon as possible, the student will receive written notice of the suspension specifying the alleged misconduct and setting forth the relevant facts and supporting evidence. The student may have an opportunity to meet with the Vice Rector to present his/her views and object to the suspension. The Vice Rector will immediately refer the complaint to the Office of the Dean of Student Success for proceedings under the Student Code. The suspension will remain in effect pending a final determination of the matter. 3.5.10. Retention of Records of Proceedings Records of proceedings under the Student Code will be confidential to the extent permitted by law. Records of behavioral misconduct will be kept in the Office of the Dean of Student Success.
Volume VII: Student Handbook
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