November 24, 2000
Upon registration at the University, students assume the responsibilities that such registration entails. The academic and social privileges granted to each student are conditional upon the fulfillment of these responsibilities and students must familiarize themselves with the University regulations and the conduct expected of them while studying at the University.
The University does not stand in loco parentis to its student members: that is, it has no general responsibility for the moral and social behaviour of its students, as if they were its wards. In the exercise of its disciplinary authority and responsibility, the University treats students as free to organize their own personal lives, behaviour and associations subject to the law and to University regulations that are necessary to protect the integrity of University activities, the peaceful and safe enjoyment of University housing and facilities by other members of the University and public, the freedom of members of the University to participate reasonably in the programs of the University and in activities on the University's premises, or to protect the property of the University or its members. Strict regulation of such activities by the University is otherwise neither necessary nor appropriate.
The purpose of this Code of Student Conduct is to define the general standard of conduct expected of students, provide examples of conduct that may be subject to disciplinary action by the University, provide examples of sanctions that may be imposed, and set out the disciplinary procedures that the University will follow.
Nothing in this Code shall be construed to prohibit peaceful assemblies and demonstrations, lawful picketing, or to inhibit free speech as guaranteed by law.
This Code applies to:
a) conduct that occurs on the premises of the University or its
b) off-campus conduct when the individual is acting as a designated representative of the University or a student organization recognized by the Board of Governors as representing parts of the student body (USC, SOGS, MBAA) or when the individual holds out that he or she is a representative or member of a student group or organization at the University; and
c) off-campus conduct that has, or might reasonably have, an adverse effect on the proper functioning of the University or the rights of a member of the University community to use and enjoy the University's learning and working environments.
Any student found responsible for misconduct is subject to the disciplinary sanctions of this Code, regardless of the action or inaction of civil authorities. Nothing in this Code precludes the University from referring an individual matter to the appropriate law enforcement agency either before, during or after disciplinary action is taken by the University under this Code. A student may be subject to criminal prosecution and/or civil proceedings notwithstanding, and in addition to, disciplinary action taken by the University against the student under this Code.
An officer, leader or spokesperson of a student group or organization at the University may be held responsible for violations of the Code by a member of the group or organization if the member has received consent or encouragement from the officer, leader or spokesperson to engage in conduct prohibited under this Code.
Graduate students, when acting in their capacity as Graduate Teaching Assistants, are not subject to the provisions of this Code.
In this Code:
"Student" refers to a person who is registered in a credit or a non-credit course or program of studies at the University, and includes a person registered in a continuing education course.
"Dean" and "Vice-Provost" shall be interpreted as "Dean or designate" and "Vice-Provost or designate".
"Premises of the University or its affiliated colleges" includes lands, buildings and grounds of the University and its affiliated colleges and other places or facilities used for the provision of the University's courses, programs or services or for University approved or sponsored events or activities.
This Code applies to all students registered in the affiliated colleges while on University property, subject to the provisions of the Affiliation Agreement between the University and its affiliated colleges.
Conduct that is deemed by the University to be a Scholastic Offence is not subject to this Code but is subject to the disciplinary procedures and sanctions for Scholastic Offences as approved by Senate.
Conduct that is proscribed under the Policy and Procedures for the Conduct of Research, the Race Relations Policy or the Sexual Harassment Policy and Procedures is subject to disciplinary procedures and sanctions under those policies and is not subject to disciplinary action under this Code, except that the President (or designate) may impose an interim prohibition pursuant to Part VII of this Code pending disposition of a complaint under those policies.
With the exception of the policies described in 1. and 2. above, no disciplinary action taken pursuant to any other policies, rules, codes, or regulations of the University (e.g., regulations relating to use of computing resources, regulations established by various units of the University including Intercollegiate Athletics, the University of Western Ontario Library System, the Division of Housing and Food Services [Residents' Understandings], and Western Campus Recreation ) shall bar or prevent the University from instituting disciplinary proceedings and imposing sanctions under this Code.
Membership in the University community implies acceptance by every student of the principle of mutual respect for the rights, responsibilities, dignity and well-being of others and a readiness to support an environment conducive to the intellectual and personal growth of all who study, work and live within it.
Any conduct on the part of a student that has, or might reasonably have, an adverse effect on the proper functioning of the University, or the health, safety, rights or property of the University, its members or visitors, is subject to discipline under this Code. Without limiting the generality of the foregoing, the following list sets out specific examples of prohibited conduct. This list is illustrative only and is not intended to define misconduct in exhaustive or exclusive terms.
By action, threat, written material, or by any means whatsoever, disrupting or obstructing any University or affiliated college activities, or other authorized activities on premises of the University or its affiliated colleges, or the right of another person to carry on his/her legitimate activities, or to speak or to associate with others. University or affiliated college activities include, but are not limited to, teaching, research, studying, administration and meetings.
a) Any assault, harassment, intimidation, threats or coercion, and/or other conduct that threatens or endangers the
health or safety of any person.
b) Knowingly (which includes when one should reasonably have known) creating a condition that endangers the health, safety, or well-being of any person.
c) Coercing, enticing or inciting a person to commit an act that is humiliating or demeaning to that person or to others.
a) Entry and/or presence on any premises of the University or its affiliated colleges contrary to University or
affiliated college regulations, or without express or implied authority, or contrary to an express instruction or
direction from an authorized University or affiliated college official.
b) Misappropriation, damage, unauthorized possession, defacement and/or destruction of premises or property of the University or its affiliated colleges, or the property of others.
c) Use of University or affiliated college facilities, equipment or services contrary to express instruction or without proper authority.
d) Misuse of University or affiliated college supplies and documents, including equipment, library and computer resources, keys, records, transcripts and permits.
e) Tampering with emergency telephones, fire protection equipment or emergency facilities (e.g., fire bells, fire extinguishers, fire hoses); disconnecting or blocking fire alarms; setting unauthorized fires, or raising a false fire alarm; blocking or wedging open fire and smoke doors on corridors or stairways.
a) Furnishing false information to any person or office acting on
behalf of the University or affiliated college.
b) Forging, altering or misusing any document, record, card or instrument of identification.
Alcohol and Drug Use
a) Illegal use, possession or distribution of a controlled or
b) Contravention of provincial liquor laws or the policies of the University or affiliated college governing the possession, distribution and/or consumption of alcoholic beverages on the premises of the University or its affiliated colleges.
Storage, possession or use of firearms, explosives, or other weapons, flammable solvents, biohazardous, volatile or poisonous materials, except in areas formally designated for that purpose by authorized University personnel.
Violation of published University policies, rules or regulations.
Contravention of any provision of the Criminal Code or any other federal or provincial statute or municipal by-law.
a) Aiding or encouraging others in the commission of an act prohibited under this Code or attempting to commit
an act prohibited under this Code.
b) In the case of an officer, leader or spokesperson of a student group or organization at the University, consenting to, encouraging, or aiding others in the commission of an act prohibited under this Code.
c) Failure to comply with any sanction imposed by the University for misconduct under this Code.
The University may impose one or more sanctions for misconduct, of which those listed below are examples.
The President, or such other officials as he/she may designate from time to time, may impose an interim prohibition pending an investigation and disposition of a complaint of misconduct. Interim prohibition may be imposed only: (a) if needed to ensure the safety and well-being of members of the University community or preservation of University property; (b) if needed to ensure the student's own physical or emotional safety and well-being; or (c) if there is a reasonable apprehension that the student poses a threat of disruption or of interference with the normal operations of the University.
During a period of interim prohibition, a student may be denied access to specified campus facilities (including classes) and/or any other University activities or privileges for which the student might otherwise be eligible, as the President (or designate) may determine to be appropriate. Within two working days following the imposition of interim prohibition, the student shall be informed in writing of the reasons for the prohibition. The student shall be afforded the opportunity to respond to the allegations being made against him or her. If the student responds, the President (or designate) will reassess the prohibition and either revoke or continue it pending formal disposition of the matter.
Whenever possible and appropriate, disciplinary matters under this Code shall be dealt with informally before resort is made to the more formal disciplinary procedures set out herein. Minor misconduct will normally be dealt with informally within the area or department where it occurs.
In the case of an incident that has arisen in a classroom or related setting, this may be achieved through discussion with the Instructor and/or Chair of the Department (Director of School) offering the class. In the case of an incident that has arisen elsewhere, the matter may be dealt with through discussions with the director or supervisor of a unit, or his/her designate.
(a) Disruption of Instructional
Disruption of instructional activities, including examinations, may be dealt with by the appropriate instructor or proctor, as a matter of classroom discipline, and may include the exclusion of a student for the remainder of the particular class or examination. Any disruption that results in the removal of a student shall be reported to the Chair of the Department or Director of the School and, where appropriate, to the Dean of the Faculty in which the course is held. If the disruption persists and/or if it is deemed to be serious in nature, the incident will ordinarily be reported immediately to the University Police Department and to the Chair (Director), the Dean of the Faculty, and the Vice-Provost. The President (or a designate) may impose an interim prohibition on the student pending a full review of the matter (see "Interim Prohibition" above).
(b) Temporary Exclusions from Other Areas
Academic or administrative unit heads (or designates) may ban a student from their area of jurisdiction if the unit head (or designate) believes on reasonable grounds that the student's continued presence in that area will be detrimental to good order or will constitute a threat to the safety of others. Such initial exclusion shall be for 48 hours and shall be reported immediately to the appropriate Dean or to the Vice-Provost. The President (or a designate) may impose an interim prohibition on the student pending a full review of the matter (see "Interim Prohibition" above).
Any person may submit a complaint of misconduct to a Dean or to the Vice-Provost. The complaint shall be referred or dealt with as follows:
(a) Incidents that occur within the home Faculty of the student against whom a complaint is made, with the
exception of incidents falling within (b) below, shall be referred to the
Dean of the home Faculty for disposition.
(b) Incidents that involve an academic or administrative unit outside the home Faculty, University Police, an external police force, outside institutions, or persons outside the University community shall be referred to the Vice-Provost. The Vice-Provost may dispose of the complaint him/herself or refer it to the Dean of the home Faculty for disposition.
(c) All other incidents occurring outside the home Faculty shall be referred to the Vice-Provost who may dispose of the complaint him/herself or refer the complaint to the Dean of the home Faculty for disposition.
The Dean (Vice-Provost) shall not make a finding of misconduct nor impose a sanction or sanctions against a student unless the student has been informed, in writing, of the nature of the complaint, the facts alleged against him/her, and has been given a reasonable opportunity to respond to them, and to submit evidence. The student shall also be given a reasonable opportunity to meet personally with the Dean (Vice-Provost) to discuss the matter. It is the responsibility of the student to provide all materials that will support his/her position and to produce his/her own witnesses.
If the Dean (Vice-Provost) finds that there has been misconduct, he/she may impose an appropriate sanction or sanctions.
If the student does not respond to the allegation or does not meet with the Dean (Vice-Provost) after having been given a reasonable opportunity to do so, the Dean (Vice-Provost) may proceed to dispose of the complaint without such a response or meeting.
At all meetings with the Dean (Vice-Provost), the student may be accompanied by a colleague of his or her choosing. Legal representation is not permitted.
In determining an appropriate sanction or sanctions, the Dean (Vice-Provost) may take into account any previous findings of misconduct. The Dean (Vice-Provost) may direct that a sanction be held in abeyance if a student's registration at the University is interrupted for any reason.
The decision of the Dean (Vice-Provost), with reasons, shall be communicated in writing to the student. If there is a finding of misconduct, a copy of the decision will be retained in the student's home Faculty and in the Office of the Vice-Provost. A copy of the decision shall be provided on a need-to-know basis to administrative units (e.g., Office of the Registrar, University Police). The relevant Dean and/or the Vice-Provost is responsible for the implementation of any decision made under the Code.
All notices and other communications from the Dean, Vice-Provost, or the University Discipline Appeals Committee (see below) to the student or any other member of the University community, shall be by personal delivery, regular mail, campus mail, priority post, courier, or registered mail. If sent by regular mail, service will be deemed effective on the fifth day after the documents are mailed. In the case of students, all documents will be sent to the primary address recorded in the student's electronic record at the University, unless the student requests in writing that they be sent to another address.
Complaints of misconduct shall be reported, investigated, and decided in a timely manner.
The Vice-Provost shall compile all findings of misconduct and report annually to the Campus & Community Affairs Committee of the Board of Governors. The report shall include the nature of the misconduct and the sanction, if any, with students' names removed. The report will be forwarded to the Board by the Campus & Community Affairs Committee for information.
While under investigation for misconduct, a student shall not be permitted to withdraw formally from the University. Where a student's conduct comes to light after a student has left the University, the University may decide to proceed with the review and disposition of a complaint, if the seriousness of the allegation warrants such action.
Permanent notations on the official transcript are recorded for suspension or expulsion.
While under investigation for serious misconduct that may result in suspension or expulsion, the student will not be issued transcripts directly, but, at the student's request, transcripts will be sent to institutions or potential employers. If the student is subsequently suspended or expelled, the recipients of the transcript will be issued a revised transcript.
Courses taken elsewhere during a period of suspension shall not be eligible for credit toward a degree at the University.
A student may appeal to the University Discipline Appeals Committee (UDAC) on one or more of the following grounds:
(a) that the sanction was inappropriate if the
sanction imposed was deregistration, suspension, or expulsion;
(b) that there was a serious procedural error(s) in the hearing of the complaint by the Dean (Vice-Provost) which was prejudicial to the appellant;
(c) that new evidence, not available at the time of the earlier decision, has been discovered, which casts doubt on the correctness of the decision;
(d) that the Dean (Vice-Provost) did not have the authority under this Code to reach the decision or impose the sanctions he/she did.
Filing an Appeal Application will not stay the implementation of any sanctions imposed except where the Chair of UDAC otherwise orders upon application of the appellant.
UDAC may: deny the appeal, grant an appeal under 1(a) and vary the sanction, grant an appeal under 1 (b) or (c) and direct the previous decision maker to re-hear the matter or reconsider some pertinent aspect of its decision, or grant an appeal under 1(d). In the case of a direction to re-hear the matter, UDAC may also include recommendations relating to the conduct of the re-hearing.
The Board of Governors shall appoint a Chair and 12 members: 7 members of faculty and 5 students (3 undergraduates and 2 graduate students).
(a) No more than two of the faculty members shall be from the same Faculty. Each of the undergraduate students
shall be from a different Faculty and each of the graduate students shall
be from a different program.
(b) The Chair shall be appointed by the Board of Governors annually.
(c) The terms of appointment shall be: faculty, three years; students, one year. Members are eligible for reappointment to a maximum of six continuous years (excluding therefrom a partial term served under (d) and (e) below), but shall be eligible for reappointment after a lapse of two years.
(d) Appointments for shorter terms may be made initially upon creation of the Committee in order to allow for staggered terms.
(e) Members may be appointed for shorter terms in order to fill vacated positions.
(f) Three voting members (including at least one student and at least one faculty member) plus the Chair shall constitute a quorum.
(g) In instances where the Chair is unable to act, a Vice-Chair, appointed by the Chair from among the members, shall exercise the same functions as the Chair.
(h) When a duly constituted panel of UDAC commences to hear a matter, the membership terms of those members present at the commencement of the hearing are automatically extended until UDAC renders its final decision in the case in question.
An Appeal Application must be filed with the Secretary of the Board of Governors within two weeks after a decision has been issued by the Dean (Vice-Provost). The Application must contain a copy of the decision, the grounds for the appeal, the outcome sought, a full statement supporting the grounds for the appeal, the name of legal counsel or agent, if any, and any relevant documentation in support of the appeal. Where the basis of the appeal is new evidence, such new evidence shall be described clearly and the names of any witnesses shall be provided.
An Appeal Application will not be accepted by the Secretary of the Board of Governors if incomplete or not filed within the time period specified in section 5 above. Exceptions to the time limit for filing an appeal are at the discretion of the Chair of UDAC upon written application of the student. Appeal Application forms and further details on hearing procedures may be obtained from the University Secretariat, Room 290, Stevenson-Lawson Building.
Parties to an appeal are the student against whom the decision has been made (Appellant) and the Dean (Vice-Provost) (Respondent).
The Secretary of the Board of Governors shall provide the Respondent with a copy of the Appeal Application and attachments. The Respondent shall file a concise written reply to the Appeal Application with the University Secretariat within ten days of receiving the documents. A copy of the reply shall be provided to the Appellant.
Upon receipt of an Appeal Application, the Secretary of the Board of Governors shall:
(a) notify the Chair of UDAC;
(b) constitute a Panel of at least 3 members, plus the Chair; and
(c) convene the initial meeting of the Panel.
Subject to the requirements set out herein, the Panel shall determine its own procedures and practices in any appeal and make such rules and orders as it deems necessary and proper to ensure a fair and expeditious proceeding. It is bound by neither strict legal procedures nor strict rules of evidence. The tribunal shall proceed fairly in its disposition of the appeal, ensuring that both parties are aware of the evidence to be considered, are given copies of all documents considered by the Panel, and are given an opportunity to be heard during the process.
The Panel may summarily dismiss an appeal if the Appeal Application does not, in the judgment of the Panel, raise a valid ground of appeal or does not assert evidence capable of supporting a valid ground.
The Panel may, in its discretion, hold an oral hearing or make its decision solely on the basis of written submissions, provided that it shall hold an oral hearing if a party satisfies it that there is good reason for doing so.
The Panel shall determine whether an oral hearing shall be open to the public or held in camera. At the discretion of the Chair, other members of UDAC may attend the in camera meetings as observers.
While an attempt shall be made to schedule an oral hearing at a time convenient to the Panel and the parties, a request by a party for a lengthy delay in the scheduling of the hearing, or a postponement of a scheduled hearing, will be granted by the Chair only in exceptional circumstances. Oral hearings will ordinarily be held within six weeks of filing of the Appeal Application.
In the case of an oral hearing, if the Secretary of the Board of Governors is unable to contact the Appellant within a reasonable time to schedule a hearing, the Appellant will be notified by registered mail at the address on the Appeal Application of the deadline by which he/she must contact the Secretary of the Board of Governors to arrange a hearing. If the Appellant has not contacted the Secretary of the Board of Governors by the specified deadline, the appeal will be deemed to be abandoned and may not be resubmitted.
Each party to an oral hearing shall be sent a Notice of Hearing setting out the time, place and purpose of the hearing. If a party does not attend, the Panel may proceed in the party's absence.
Each member of a Panel shall vote. There shall be no abstentions. A majority of positive votes is required to grant an appeal. The Chair shall vote only in the event of a tie.
The Chair of a Panel may waive any time limits specified herein or in any procedures adopted by a Panel in a given proceeding.
The Secretary of the Board of Governors, or the Secretary's designate, shall provide administrative support and procedural advice to Panels.
The decision, with reasons, shall be filed with the Secretary of the Board of Governors and copies shall be sent to the parties to the proceedings as well as to others with a legitimate need to know (e.g., Office of the Registrar, University Police). If the appeal is denied, or if the sanction is varied, a copy of the decision shall be retained in the student's home Faculty and in the Office of the Vice-Provost.
The Secretary of the Board of Governors shall report annually to the Board of Governors, through the Campus & Community Affairs Committee, setting out the number of appeals, the nature of the appeals and the disposition, with students' names removed.
Within two weeks of the decision of UDAC, either party may appeal to the President (or the President's designate) on the grounds that UDAC had no power to reach the decision that it did, or that there was a serious procedural error by UDAC that was prejudicial to the party.
The appeal must state the full grounds upon which the party relies and all arguments in support thereof. After inviting written submissions from the parties, the President (or designate) may dismiss the appeal, grant the appeal and order that the matter be re-heard, or make such other disposition of the matter as he/she deems appropriate. The President's (or designate's) decision is final.
1. Excerpt from the University's Mission Statement.