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4.11 Any breaches of the Residence Services Agreement are handled by the Department of Residence, Food and Conference Services in accordance with its disciplinary procedures and sanctions. Conduct which is deemed in violation of the Residence Services Agreement may also be referred to this non-academic misconduct process by the Director of Residence, Food and Conference Services. This may result in additional outcomes for the Student.

Any Student reported for alleged non-academic misconduct is subject to formal procedures under this policy regardless of concurrent action or inaction of civil or criminal authorities.

4.12 Where there are questions about the application of this policy and/or related policies, they shall be determined by the Associate Vice-Provost (Student Success and Learning Support Services) in consultation with the administrators of the other policies. Where there is a conflict between two policies, or between sanctions under this policy and another University policy with respect to student non-academic misconduct, this policy and its sanctions will take precedence.

4.13 Where a Student’s conduct violates this policy and gives rise to a complaint of academic misconduct, the Student may be subject to penalties under both or either policy.

4.14 Any member of the University of Calgary community may file a complaint concerning a violation under this policy with the Office of the Associate Vice-Provost (Student Success and Learning Support Services) within three (3) working days of the incident in question. This time period for filing notice of an alleged violation may be extended at the discretion of the Associate Vice-Provost (Student Success and Learning Support Services).

4.15 A Student who is subject to this policy because a complaint has been filed against him/her is encouraged to seek advice from an Advisor in all matters related to non-academic misconduct, and may be accompanied by an Advisor to any Hearing related to non-academic misconduct. Except in exceptional circumstances which would be so defined by the Associate Vice-Provost (Student Success and Learning Support Services), a Student may not bring a parent or guardian as an Advisor to a Hearing. In addition, as the process for handling non-academic misconduct is an administrative process and is not a criminal process, Advisors may not include legal counsel except when a student is charged with a criminal offense arising from the same incident.

4.16 Every Student who has allegedly been involved in non-academic misconduct and invited to a Hearing shall be provided with, in writing:

a) a proposed date of the Hearing, including notice of the right to reschedule the Hearing within reasonable time frames;

b) a notice of the alleged violation(s), including designation of violation(s) as major or minor violations(s);

c) a summary of pertinent evidence and particulars regarding the alleged violation (which may include summaries of Campus Security reports);

d) a copy of or access to this Policy, as well as specific copies of or access to other policies which are being invoked in addressing the non-academic misconduct alleged.

4.17 A minor violation may be dealt with by the official/designate within the area or department where it occurs and the appropriate sanction as set out in this policy may be applied.

4.18 A minor Violation may also be referred to the Associate Vice-Provost (Student Success and Learning Support Services) when the University official/designate believes:

a) satisfactory resolution of minor allegations and sanctions cannot be achieved between the Student and the University official; or,

b) the same minor Violation has been repeated by the Student, or there is a pattern of disruptive conduct;

c) the action of the Student has resulted in a monetary loss to the department which must be recovered through a restitution process.

4.19 The Associate Vice-Provost (Student Success and Learning Support Services) may:

a) dismiss the matter and provide written notification to the referring official/designate and the Student of the decision within ten (10) working days; or

b) arrange a Hearing with the Student and, if satisfied that the violation has been committed, impose any of the sanctions listed in this policy. The Student may arrange to have an Advisor attend the Hearing.

4.20 Where the Student decides not to appear at a scheduled Hearing, a decision will be made in the absence of the Student based on available information.

4.21 If the Associate Vice-Provost (Student Success and Learning Support Services) determines that the issue will be dismissed without Hearing, every effort will be made to first discuss the matter with the complainant prior to informing the Student of the dismissal. If necessary, an opinion from University Legal Services will be sought.

4.22 All decisions will be communicated in writing to the Student and the referring University official/designate, within five (5) working days.

4.23 Timeframes indicated in the Residence Violation Procedures and Procedures for Addressing Minor Violations sections are subject to extension only as the result of exceptional circumstances, such as absence from the office.

4.24 A major violation is referred to the Associate Vice-Provost (Student Success and Learning Support Services) by the University official/designate in whose jurisdiction the incident has occurred or by the Department of Campus Security, normally within three (3) working days of the violation/incident.

4.25 The Associate Vice-Provost (Student Success and Learning Support Services) may:

a) dismiss the matter and provide formal notification to the University official or the Department of Campus Security and the Student of the decision within ten (10) working days; or

b) arrange a Hearing with the Student and, if satisfied that the violation has been committed, impose any of the sanctions listed below (including a recommendation for suspension, expulsion or exceptional sanction). The Student may arrange to have an Advisor attend the Hearing.

4.26 Where the Student decides not to appear at a scheduled Hearing, a decision will be made in the absence of the Student based on available information.

4.27 If the Associate Vice-Provost (Student Success and Learning Support Services) determines that the issue will be dismissed without Hearing, every effort will be made to first discuss the matter with the complainant prior to informing the Student of the dismissal. If necessary, an opinion from University Legal Services will be sought.

4.28 All decisions will be communicated in writing to the Student and the referring University official/designate, within five (5) working days.

4.29 Timeframes indicated above are subject to extension only as the result of exceptional circumstances, such as absence from the office.