Disciplinary Action for Non-Academic Misconduct
1. Definition - The term "non-academic misconduct" includes but is not limited to: (a) conduct which causes injury to a person and/or damage to University property and/or the property of any member of the University community; (b) unauthorized removal and/or unauthorized possession of University property; (c) conduct which seriously disrupts the lawful educational and related activities of other students and/or University staff. 2. Temporary Suspension (a) Deans have the authority to suspend temporarily any student for alleged non- academic misconduct as defined above. Such suspension shall be effective immediately. The authority to suspend temporarily includes the power to suspend from a course or courses, or from the University, as may be appropriate. Until such time as the Review Committee meets, the dean may, at his/her discretion, allow a student to continue attending classes and taking examinations. The power to suspend may be exercised either by the dean in whose faculty the student is enrolled or by the dean in whose faculty the course is being taught. In the absence of an appropriate dean, the authority to suspend temporarily any student for alleged non-academic misconduct rests with the Vice-President (Academic) or his/her designate. (b) Where a case of alleged non-academic misconduct is brought to the attention of a dean, the student shall be required to appear immediately before the dean to respond to the allegations. If the dean is not satisfied with the student's response, or if the student fails to appear before the dean, the dean may exercise the power of temporary suspension and in that event convey the decision immediately to the Secretary to General Faculties Council and the Registrar. (c) Where the severity of misconduct does not warrant suspension, the dean may place a student on probation for a specified period of time, with conditions attached as deemed necessary. Failure to adhere to conditions of probation may result in suspension. Probation is appealable by the student to the General Faculties Council's Review Committee, but on the understanding that the Review Committee may change probation to suspension. In this circumstance the Review Committee should discuss the proposed suspension with the dean before making a final decision. 3. Review Committee (a) Upon the temporary suspension of a student by a dean, a Review Committee of the University shall be convened expeditiously by the Secretary to General Faculties Council to determine whether the dean's action has been justified and also whether or not other disciplinary action is warranted. Such other disciplinary action may include probation, longer term suspension or expulsion from the University. It shall also be open to the Review Committee to recommend to the President reference of the case to the law enforcement authorities. (b) The dean, or other members of the University community concerned with the alleged misconduct, and the student, shall be called to appear and to give evidence before the Review Committee. The dean may present all the evidence taken into account in making his/her decision. (c) The Review Committee's decision shall be binding and it shall be reported in writing immediately to the student, the dean, the Registrar, and the Secretary to General Faculties Council. 4. Composition of the Review Committee - A Review Committee panel shall be established annually by the General Faculties Council's Steering Committee. The panel shall have thirty members, appointed for two years and representing various faculties and units. For any case referred to consideration, a Review Committee of three members of the panel shall be formed, one of whom shall be named as chairperson. The Secretary to General Faculties Council shall be responsible for constituting review committees and providing, where possible, that one member of each committee has served previously at a hearing. 5. Challenges to Composition of the Committee - A student whose conduct is under review has the right to challenge, for cause, any member of the Review Committee. The validity of the challenge shall be left to the discretion of the chairperson. If the chairperson is challenged, the challenge shall be judged by the Secretary to General Faculties Council. Such cause may include teacher/student relationships, evident or published bias or any other factor likely to prejudice a fair hearing. The student shall inform the chairperson in writing of his or her desire to challenge any member of the Committee within three days of being informed of the composition of the Review Committee. In the event of the temporary unavailability of the chairperson, the Secretary to General Faculties Council shall exercise the chairperson's responsibilities. 6. Time Limit for Review - The review of disciplinary action for non-academic misconduct shall be carried out expeditiously and, if possible, within fifteen days of the decision by a dean to suspend a student temporarily. 7. Notice of Hearing - The Secretary to General Faculties Council shall normally give seven days written notice of hearing to the dean, the student, and other individuals concerned with the alleged misconduct. 8. Effect on a Student's Permanent Record - The regulations given above for academic misconduct will also apply to non-academic misconduct. 9. Presidential Discretion - The President may, with good and sufficient cause as in cases where members of the University community, the learning environment and/or University property are threatened, exclude the student or students concerned from access to the campus prior to and following the hearing. | |
Further details may be obtained from the Secretary to General Faculties Council. The principles and procedures are available on the University Secretariat website: www.ucalgary.ca/secretariat. |