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Graduate Studies Calendar 2011-2012 Academic Regulations Q. Non-Academic Misconduct Policy Sanctions
Sanctions

4.30 Sanctions may be applied independently or in combination for any single violation of this policy. Sanctions are intended to be corrective rather than punitive. Repeated and/or multiple violations of the policy will likely result in increased sanctions and/or severity of sanctions.

a) Written Warning: this warning will outline the details of the violation and warn the Student that repeated violations will result in more severe sanctions. This warning will be kept in the Student’s conduct file and a copy may be sent to the original complainant. Note that there may be instances wherein confidentiality does not allow details to be revealed to the complainant.

b) Educational Sanction: participation in educational workshops, written assignments, personal reflection paper, restorative justice process or service to the University community.

c) Restitution to the University or to the affected individual or group of individuals if monetary loss has occurred as a result of the violation.

d) Behavioural contract: This set of conditions will be developed with the Student and signed by the Associate Vice-Provost (Student Success and Learning Support Services) or the Vice-Provost (Students) and the Student. Any breach of conditions as outlined in the behavioural contract may result in additional sanctions, including suspension or expulsion from the University.

e) Fine for non-compliance: In the event that a sanction is assigned and the Student does not complete the sanction, a fine will be assigned for non-compliance. Fines for non-compliance will not exceed $125.00. (Note that one representative from each of the Students’ Union and Graduate Students’ Association will determine an appropriate fund to allocate funds collected through fines).

f) Loss of privileges: loss of privileges for a defined period of time. This may include but is not limited to library, athletics, or parking privileges.

g) Probation: Placed on probation for a specified period of time and/or until imposed conditions are met. Failure to comply with conditions specified in probationary agreement could result in additional sanctions, including but not limited to suspension or expulsion.

h) Notice of Trespass: This sanction will be assigned for major violations and denies the individual the ability to enter the University campus entirely, or the ability to enter specific buildings on the University campus, or the ability to enter the University campus at specific times (e.g. after 5:00 pm and prior to 8:00 am). Individuals violating a notice of trespass may be charged by the Calgary Police Service.

i) Suspension: Loss of all academic privileges at the University for a specified period of time and/or until imposed conditions are met (i.e. completion of conditions as outlined in Behavioural Contract). A suspension for violation of the non-academic misconduct policy will be noted on a Student’s academic transcript.

j) Expulsion: Loss of all academic privileges for an unspecified period of time. An expulsion for violation of the Non-Academic Misconduct Policy will be noted on a Student’s academic transcript.

University Temporary Suspension and Trespass Sanctions

4.31 The University reserves the right to bypass general non-academic misconduct procedures where immediate action is required because:

a) a Student’s behaviour affects other members of the community's use and enjoyment of University privileges and facilities

b) there are reasonable grounds to believe that the safety of the community is endangered

c) there is a high potential of physical danger posed by the Student’s continued presence

d) damage to University property is likely

e) the continued presence of the Student would be disruptive.

4.32 Pending convening of a Hearing, the Vice-Provost (Students) or the President may apply a temporary University-wide suspension and trespass sanction. In cases where there is a real and present danger or high potential to cause harm posed by a Student, and the President and/or the Vice-Provost (Students) are not immediately available, the Associate Vice Provost (Student Success and Learning Support Services), or the Director of the Department of Campus Security may impose a notice of trespass sanction whereby the Student may be excluded from the University.

4.33 Pending convening of a Hearing in residence, and in cases where there is a real and present danger or high potential to cause harm posed by a Student in residence, the Director of Residence, Food and Conference Services may impose a temporary suspension and trespass sanction whereby the Student may be excluded from the residence complex and/or any campus dining facility. The Director will provide a full report to the Vice-Provost (Students) and Associate Vice-Provost (Student Success and Learning Support Services) without delay.

4.34 Upon imposition of such temporary sanction, the Student will be excluded from campus or residence, for as long as reasonably required, in the judgment of the President, the Vice-Provost (Students), the Associate Vice-Provost (Student Success and Learning Support Services), the Director of Campus Security, or the Director of Residence, Food and Conference Services. The date of return to the University campus will be conveyed to the Student as soon as possible following the incident. Normally such notice will be provided recognizing that legal, criminal or medical interventions may restrict the University’s ability to do so.

4.35 A formal notification of Hearing will be delivered within five (5) working days of the incident. On the date/time of the Hearing, the Student, having received proper notice of the meeting to be held regarding the incident, may only enter the University campus as authorized to attend that meeting on that day. In certain circumstances, special arrangements may be made for the Student to report to the Department of Campus Security upon arrival on campus and to be escorted to the meeting.

Internal Process and Criminal and Civil Actions

4.36 In most circumstances, the University will endeavour to deal with Student misconduct under this policy rather than pursuing remedy through criminal proceedings. In cases where there is real and present danger or a high potential of harm posed by the Student, Campus Security or other University officials may contact Calgary Police Service to respond to an incident. In this case, a full report of the incident will be forwarded to the Vice-Provost (Students) and the Associate Vice-Provost (Student Success and Learning Support Services).

4.37 Nothing in this policy prevents any member of the University community from proceeding with criminal or civil actions independent of any University action.

4.38 The timeframe indicated in 1 above is subject to extension only as the result of exceptional circumstances, such as absence from the office.