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Attachment
S.99-58
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SIMON FRASER UNIVERSITY ?
Cr2, ?
Ae)
MEMORANDUM
To: ?
Senate
From: ?
Alison Watt, Secretary, Senate Committee on Agenda and Rules
Subject: ?
Report of the Ad Hoc Senate Committee to Review the Student
Conduct Policies
The Senate Committee on Agenda and Rules has received the report of the Ad Hoc
Committee and forwards this to Senate for action:
Motion:
That Senate approve the revised student conduct policies T10.01, T 10.02 and T 10.03
and recommend that these revised policies take effect on 1 January, 2000.
.
?
SIMON FRASER UNIVERSITY
School of Computing Science
MEMORANDUM
To:
Senate
From:
Joseph Peters
Chair, Ad Hoc Senate Committee to Review the Student
Conduct Policies
Subject:
Student Conduct Policies review
Date:
16 September, 1999
The Ad Hoc Senate Committee to Review the Student Conduct Policies was
established on October 5, 1998. The members of the committee were
Dr. Barbara Frisken, Department of Physics
Dr. Richard Harris, Department of Economics
Dr. Joseph Peters, School of Computing Science (chair)
Ms. Nicole Mahussier, Graduate Student, School of Criminology
Mr. Jon Tweedale, Undergraduate Student (did not continue on the committee
after December 9, 1998)
The committee worked steadily from its first meeting on October 5, 1998,
consulted widely on the existing policies, prepared an initial draft revision,
circulated this for comment, and have prepared a final draft revision of the
policies. The schedule of the committee's activities is attached as Appendix A.
The committee recommends that Senate approve the revised policies (Appendix
B) and that the revised policies take effect on 1 January, 2000.
In addition to the revisions to the policies, the committee forwards to the
administration a list of suggestions (Appendix C) which have come to light
during the course of the committee's activities but which fall outside the
committee's jurisdiction.
The major elements of the revision of the T 10 policies are as follows:
Changes to T 10.01 Code of Student Conduct
1.0 Removal of the word "unreasonably" in the sentence which is felt to be
unnecessary: "This Code shall not be construed to <unreasonably>
prohibit peaceful assemblies, demonstrations or free speech."
2
2.0 Jurisdiction section added.
?
0
4.1 Addition of procedures to link with the powers under the University Act,
and GP 25 to suspend a student temporarily.
4.2 Addition of penalties which might be necessary, including forfeiture of
awards or financial assistance.
Changes to T 10.02 Code of Academic Honesty
2.0 ?
Jurisdiction section added.
3.0 Addition of wording to assist in determining whether or not draft papers,
etc, are or are not subject to penalty.
4.0 ?
Addition of wording to ensure that any special criteria including the
course rules on group work are specified.
5.2 Addition of the penalty of revocation of a degree
Changes to T 10.03 University Board on Student Discipline and
T 10.04 Senate Committee on Disciplinary Appeals.
The two policies T 10.03 and T 10.04 have been combined so that the whole
procedure is contained in one document.
Many references have been added regarding notification to students especially in
sections 2.1, 2.2, 2.3, 2.4, and 5.3.
1.0 The statement (last paragraph) that cases can proceed even if they are
being dealt with externally is the manner in which the UBSD has tried to
operate over the past four years. It is included for clarification purposes
only.
2.1
?
Additions have been made to require an instructor to identify a potential
problem and attempt to discuss it with a student prior to imposing a
penalty.
Clarifications are incorporated regarding the following:
o ?
meetings between the chair and the student,
• ?
what happens if the instructor is unable to handle a case, and
• ?
handling multiple cases at the department level.
2.4 Additional wording has been added to ensure that the new GP
Harassment Policy will mesh with the student conduct policies. See 4.18
below.
2.6 ?
Inclusion of the current practice that official transcripts will not normally
be available until the conclusion of a disciplinary procedure.
3.3 An increased number of students was suggested for the UBSD (to assist
with scheduling hearings), but the number of persons for any hearing
remains at 3.
3.3 The Vice-President, Academic replaces the President as the person who
appoints the Co-ordinator and members of the UBSD. The Vice-
President, Academic will also appoint the person to hear harassment
cases.
3.6 Wording is included to deal with cases where a student does not
participate in cases.
4.1 The neutrality of members of the UBSD may be questioned as is currently
the case for SCODA in section 9.4.
• ?
4.14 Clarification is included on the types of hearings that the Tribunal holds
for the various types of cases which come before the Tribunals.
4.16 Witness impact statements are added, and witnesses are able to receive
copies of the decision (See section 5.6).
4.17 The process for handling procedural fairness questions at stages before the
UBSD is outlined.
4.18 In harassment cases, it is proposed that an outside professional takes the
place of the UBSD Tribunal in determining the facts of any case where
there facts are at issue, and recommending the appropriate penalty.
5.4 Additions are proposed to clarify what the Tribunal can have access to,
and when, regarding prior misconduct.
6.5 Clarification about courses taken elsewhere during a suspension.
8.1 Allowing an appeal to be heard in cases where an injustice has taken place
at the UBSD level.
8.2 Allowing the University to appeal a case in the event that new evidence
has come to light.
10.3 Clarification about what SCODA can decide.
ru
10.5 Specifying the procedures to be used in the event that SCODA
recommends the revocation of a degree
?
is
11.1 Addition of a requirement to maintain statistical records in both the
Registrar's office and the office of the Director of Campus Community
Services which would be included in the annual report.
The only major area of dispute which remains between the Department Chairs
and the CRSCP group centres around access by instructors to other possible
cases of academic dishonesty in other departments. After careful consideration,
the CRSCP members felt that, if properly applied, the procedures contained in
the policies would provide a better balance than allowing "information
shopping" on suspected students by faculty.
We want to thank the university community for participating in the revision of
these policies.
We apologize for the delay in submitting our report and recommendations.
J. ?
ters.
Chair
The existing policies can be found on the web at:
http: / /www.sfu.ca /policies/teaching/index.htm
r
Appendix A
Meetings:
October 15, 1998
October 26, 1998
November 2, 1998 (2 meetings)
November 26, 1998
December 9, 1998
December 17, 1998
January 12, 1999
January 28, 1999
February 2, 1999
February 11, 1999
March 23, 1999
May 27, 1999
June 9, 1999
June 14, 1999
June 21, 1999
September 10, 1999
Committee meeting
Committee meeting
Committee meeting
Meeting with Department Chairs
Committee meeting
Committee meeting
Committee meeting
Committee meeting
Committee meeting
Committee meeting
Committee meeting
Meeting with Department Chairs
Public meeting
Committee meeting
Committee meeting
Committee meeting
5
.
Individuals consulted:
Dr. Joan Brockman, Coordinator, UBSD
Ms. Brenda Taylor, Harassment Coordinator
Mr. W. Ron Heath, Registrar and Dean of Student Services
Mr. Michael Dinning, Director, Campus Community Services
Ms. Laurine Harrison, Ombudsperson (Staff)
Ms. Alexandra Flynn, Ombudsperson (Student)
Mr. Nick Coutu, Director, Campus Security
Mr. Jake Meijer, Manager, Operations
0
Appendix B
I
SUBJECT: CODE OF STUDENT CONDUCT
?
T 10.01
1.0 STATEMENT OF PRINCIPLE
Simon Fraser University is committed to creating a scholarly community characterized
by civility, diversity, free inquiry, mutual respect and individual safety. The purpose of
this policy is to define students' basic responsibilities as members of the academic
community, to define inappropriate student conduct and to provide procedures and
penalties to be invoked and applied if they engage in such unacceptable behaviour.
Each student is responsible for his/her conduct which affects the University
community. This Code shall not be construed to prohibit peaceful assemblies,
demonstrations or free speech.
JURISDICTION
This policy covers the conduct of SFU students in university-related activities.
University-related activities include an activity of any type operated under University
auspices at any location.
MISCONDUCT
DISRUPTIVE OR DANGEROUS BEHAVIOURS
No student shall,
(a)
by word or action, disrupt University activities;
(b)
create a situation which endangers or threatens
of another individual; or
(c)
harm, injure or threaten any person on campus
activities or functions.
the health, safety or well-being
or in attendance at University
DAMAGE, DESTRUCTION AND THEFT
No
student shall,
(a)
possess or use University property or property of any member of the University
community without appropriate consent or authority;
(b)
misappropriate, destroy or damage University property or resources;
(c)
misappropriate, destroy or damage other's property on the University
campuses; or
(d)
deface any University building or property, or
(e)
Possess or use property belonging to someone else, which is acquired in
connection with a University activity, without appropriate consent or authority.
FRAUD AND MISUSE
No student shall,
(a)
forge, misuse or alter any University document or record in paper or electronic
form; or
(b)
obtain any University equipment, material or service by fraudulent means.
C
2.0
3.0
3.1
3.2
3.3
T 10.01
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3.4 UNAUTHORIZED ENTRY OR PRESENCE
No
student shall,
(a)
contrary to express instruction from a person in authority enter or remain in any
University building or facility; or
(b)
enter, remain in, or willingly allow others to have access to areas designated for
faculty or staff without proper authorization.
3.5 VIOLATION OF UNIVERSITY
POLICIES
No student shall contravene the Policy on the Fair Use of Information Resources (OP
24), the Harassment policy (GP 18) or any
other
University policy.
3.6 MISUSE OF STUDENT DISCIPLINARY PROCEDURES
No student shall falsify or misrepresent information or cause others to falsify or
misrepresent information which either leads to or is presented at an internal
disciplinary hearing.
4.0 PROCEDURES AND PENALTIES
4.1 PROCEDURES
Procedures to be followed by the University in finding facts and imposing a penalty for.
acts of student misconduct or an appeal therefrom are detailed in the policy T10.03
establishing the University Board on Student Discipline (LTBSD) and the Senate
Committee on Disciplinary Appeals (SCODA). If circumstances warrant, the President
may suspend a student under the provisions of the University Act, or the Policy on the
Emergency Response to Threatening Behaviour (GP 25). An appeal of a suspension
under the University Act or GP 25 shall be heard by SCODA, but iffurther action is
deemed necessary, the normal procedures of UBSD and SCODA shall be followed. A
student may be temporarily suspended from the University until the UBSD and SCODA
processes are complete.
4.2 PENALTIES
Penalties/remedies imposed by the University for misconduct may include but are not
limited to one or more of the following: a warning, a verbal or written reprimand,
exclusion from specified areas of the University, restitution or other ameliorative
measures, counselling, denial of admission or readmission to the University,
deregistration, forfeiture of University awards or financial assistance, suspension or
permanent suspension from the University.
4.3 DETERMINATION OF PENALTIES
In deciding on the appropriate sanction to be imposed for an act of student misconduct,
consideration may be given to the following factors:
(a)
the extent of the misconduct;
(b)
the inadvertent or the deliberate nature of the misconduct;
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(c)
whether the act in question is an isolated incident or part of repeated acts of
misconduct; and
(d)
any other mitigating or aggravating circumstances.
.
.
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Appendix B
SUBJECT: CODE OF ACADEMIC HONESTY
?
T 10.02
?
1.0 STATEMENT OF
PRINCIPLE
All members of the University community share the responsibility for the academic
standards and reputation of the University. Academic honesty is a cornerstone of the
development and acquisition of knowledge. Academic honesty is a condition of
continued membership in the university community.
Academic dishonest y,
like other forms of dishonesty, includes misrepresentation with
intent to deceive or without regard to the source or the accuracy of statements or
findings. Academic dishonesty, in whatever form, is ultimately destructive of the values
of the University; it is furthermore unfair and discouraging to the majority of students
who pursue their studies honestly. Scholarly integrity is required of all members of the
University.
2.0 JURISDICTION
This policy covers matters of academic dishonesty involving SFtJ students engaged in
University-related scholarly activities. Scholarly activities include credit and non-credit
courses, projects, essays, theses and research. This policy also covers matters of
academic dishonesty in University-related scholarly activities involving SFU alumni if
the matters occurred prior to graduation and were unknown at the time of graduation.
3.0 FORMS OF ACADEMIC DISHONESTY
The illustrations presented below are considered to be representative but not definitive
nor exhaustive of activities which could be considered to constitute academic
dishonesty.
(a) Plagiarism is a form of academic dishonesty in which an individual submits or
presents the work of another person as his or her own. Scholarship quite
properly rests upon examining and referring to the thoughts and writings of
others. However, when excerpts are used in paragraphs or essays, the author
must be acknowledged using an accepted format for the underlying discipline.
Footnotes, endnotes, references and bibliographies must be complete.
Plagiarism exists when all or part of an essay is copied from an author, or
composed by another person, and presented as original work. Plagiarism also
exists when there is inadequate
recognition
given to the author for phrases,
sentences, or ideas of the author incorporated into an essay.
A draft paper, proposal, thesis or other assignment may be subject to penalty for
academic dishonesty provided the instructor/supervisor has informed the
student(s) before the work is submitted.
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(b)
Submitting the same essay, presentation, or assignment more than once whether
the earlier submission was at this or another institution, unless prior approval
has been obtained.
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0
(c)
Cheating on an examination or falsifying material subject to academic
evaluation. This includes the unauthorized sharing of material, e.g. two or more
students using the same textbook during an "open book" examination; or the use
of course notes or any aids not approved by an instructor during a "closed book"
examination; unauthorized possession or use of an examination or assignment.
(d)
Submitting as one's original work, essays, presentations or assignments which
were purchased or otherwise acquired from another source.
(e)
Using or attempting to use other students' answers; providing answers to other
students; failing to take reasonable measures to protect answers from use by
other students in assignments, projects or examinations; or submitting identical
or virtually identical assignments by students who studied together.
(f)
Impersonating a candidate in an examination or availing oneself of the results of
such impersonation.
(g)
Submitting false records or information, in writing or orally. This includes the
falsification or submission of false laboratory results, documents, transcripts or
other academic credentials.
(i)(h)
Removing
Stealing or
books
destroying
or other
the work
library
of
material
another student.
without
?
authorization, or mutilating
0
or misplacing library materials, or engaging in other actions which deprive other
members of the University community of their opportunity to have access to the
academic resources of the library.
(j)
Unauthorized or inappropriate use of computers, calculators and other forms of
technology in course work, assignments or examinations.
4.0 NOTIFICATION OF STANDARDS OF ACADEMIC HONESTY
All members of the university community have a responsibility to ensure that they
themselves, and others, are familiar with generally accepted standards and
requirements of academic honesty. Summaries of these shall be published in the
University Calendar and in the Registration Handbook. Ignorance of these standards
will not preclude the imposition of penalties for academic dishonesty.
Course instructors shall inform students at the beginning of the semester of any special
criteria of academic honesty pertinent to the class or course. Encouragement of group
work varies greatly between disciplines, and instructors shall convey to their students
the acceptable level of group work.
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5.0 PROCEDURES AND PENALTIES
5.1 PROCEDURES
Procedures to be followed by the University in
finding
facts and imposing a penalty for
acts of academic dishonesty or an appeal therefrom are detailed in the policy
establishing the University Board on Student Discipline and the Senate Committee on
Disciplinary Appeals.
5.2 PENALTIES
Penalties imposed by the University for academic dishonesty may include but are not
limited to one or more of the following: a warning, a verbal or written reprimand,
reassessment of work, failure on a particular assignment, failure in a course, denial of
admission or readmission to the University, deregistration, forfeiture of University
awards or financial assistance, suspension or permanent suspension from the
University or revocation of a degree.
5.3 DETERMINATION OF PENALTIES
In deciding on the appropriate sanction to be imposed for an act of academic
dishonesty, consideration may be given to the following factors:
(a)
the extent of the dishonesty;
(b)
the inadvertent or the deliberate character of the dishonesty;
(c)
the importance of the work in question as a component of the course or
program;
(d)
whether the act in question is an isolated incident or part of repeated acts of
academic dishonesty; and
(e)
any other mitigating or aggravating circumstances.
Filed as 10.1 16sep99
P--j
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Appendix B
SUBJECT: ACADEMIC DISHONESTY AND MISCONDUCT PROCEDURES T 10.03
1.0 GENERAL PRINCIPLES
Complaints of academic dishonesty and student misconduct may be resolved by
informal means. Where informal resolution is inappropriate or unsuccessful, an
impartial forum is provided in which there will be a complete examination of
allegations of academic dishonesty and misconduct on the part of students. This
examination is undertaken by a Tribunal of the University Board on Student Discipline
(UBSD). The Tribunal will .provide individuals with an opportunity to respond in a
timely manner to allegations of academic dishonesty or misconduct, and, if appropriate,
recommend a course of action to the President or the Vice-President, Academic if the
President has already played a role in the case.
In any situation in which the University imposes a penalty for academic dishonesty or
misconduct on the part of a student, the student may appeal to the Senate Committee
on Disciplinary Appeals (SCODA). SCODA is the standing committee of final appeal
for students in matters of academic discipline as mandated in the University Act, and is
also the forum of final appeal for students in matters of misconduct, harassment, and
such other matters as Senate or the Chair of Senate directs.
The Tribunal and SCODA will adhere to principles of natural justice and fairness. The
appropriate standard for a decision in this process is proof on the balance of
probabilities.
A student may be accompanied by a support person at any meeting concerning
disciplinary matters.
The Office of the Registrar, Secretariat Services is available to discuss procedural issues.
Students may also consult the SFSS Ombuds Office.
The University may proceed with a case even if it is also being dealt with in proceedings
external to the University.
2.0 PROCESS FOR HANDLING ACADEMIC DISHONESTY AND MISCONDUCT
2.1 ACADEMIC DISHONESTY IN COURSE WORK
If a course instructor 1
2
believes that academic dishonesty may have taken place, the
instructor shall outline the nature of the concern to the student and the student shall be
given the opportunity to discuss this with the instructor.
1
?
If an instructor is no longer available to handle the case, the chair of the curriculum committee or
equivalent will take over the role of the instructor.
2 ?
If the Chair of the Department is the instructor, an appropriate administrator within the department
shall take the role of the Chair in this policy.
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When a course instructor finds that a student in one of his or her courses has been
academically dishonest, the course instructor may take one or more of the followings
courses of action:
?
(a)
?
(i) give the student an oral warning;
(ii)
require the student to redo the work or do supplementary work;
(iii)
assign a grade penalty less harsh than "F' for the work;
(iv)
impose a failing mark for the work.
In cases of (ii) to (iv) the student shall be informed of the nature of the academic
dishonesty and the decision in writing in a timely manner, with a copy to the Chair of
the Department. The student should be advised that the revort will be retained in the
departmental student file and that, in the event of any further reports of academic
dishonesty, the report may be used in determining a penalty for the subsequent
academic dishonesty.
If the Chair receives notification that a student has been involved in more than one case
of academic dishonesty, the Chair may take action under (c).
?
(b) ?
If the instructor believes that some penalty beyond that provided for in (a) is
warranted, he/she shall submit a written report of the facts to the Chair of the
department with a copy to the student.
?
9
(c) In the case of (b) or multiple cases of academic dishonesty, the Chair shall
give.
the student an opportunity to meet and discuss the matter, and
after reviewing'
the facts of this case and any previous case or cases in the student's departmental
file, may take one or more of the following courses of action:
(i)
issue a formal reprimand to the student;
(ii)
assign a grade penalty less harsh
than "F" for the course;
(iii)
assign a grade penalty of "F" for the course;
(iv)
refer the case to the UBSD.
The Chair shall communicate his/her decision, in writing, to the student with a copy to
the Registrar. The student should be advised that the report will be retained in the
student file in the Office of the Registrar and that, in the event of any further reports of
academic dishonesty, the report may be used
in determining a penalty for the
subsequent case of academic dishonesty.
(d) If in any case except (c) (iv) the student wishes to dispute the finding of fact of the
instructor or department Chair, the student may refer his/her case to the UBSD,
in writing, stating reasons, within three weeks of the date of notification by the
instructor or department Chair.
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Cases referred to the IJBSD should be addressed to the Secretary, University Board on
0
Student Discipline, Registrar's Office.
2.2 FALSIFICATION OR MISREPRESENTATION OF DOCUMENTS
When the Registrar has reasonable grounds to believe that any document has been
falsified or a misrepresentation made that may create an incorrect perception of a
student's academic position or credentials, the Registrar shall give the student the
opportunity to present clarification or comments on the case, and may issue a
reprimand to the student, or, if he/she believes a more serious penalty should be
applied, shall forward a report of the incident to the UBSD with a copy to the student. If
the Registrar issues a reprimand, the student should be advised that a copy of the
reprimand will be retained in the student file in the Office of the Registrar and that, in
the event of any further reports of academic dishonesty, the report may be used in
determining a penalty for subsequent offences. A student who disputes the facts in the
case of a reprimand may refer his/her case to the TJBSD for a hearing to determine the
facts. The student shall submit his/her request in writing within 3 weeks of the date of
notification by the Registrar.
2.3 MULTIPLE REPORTS OF ACADEMIC DISHONESTY
If
the Registrar receives a report of academic dishonesty which has resulted in the
application of a penalty by a department Chair and subsequently determines that there
. are previous reports of other incidents, the Registrar shall give the student the
opportunity to meet and discuss these cases. The Registrar may refer the matter to the
UBSD. The Registrar shall notify the student and the departments involved.
2.4 MISCONDUCT
In the case of an incident of student misconduct, a written report of the incident should.
be
forwarded to the Director of Campus Community Services with a copy to the
Director, Campus Security, unless the report comes from Campus Security. In
harassment cases, the written report of the investigator under GP 18 will be sent to the
Director of Campus Community Services who is the responsible officer for students.
The Director of Campus Community Services will give the student the opportunity to
meet and discuss the situation and may take one or more of the following courses of
action which he/she shall put in writing and send to the student
(a)
seek an informal resolution;
(b)
recommend professional assistance with the intention of assisting the student;
(c)
issue a formal reprimand;
(g)
?
assess and recover costs to rectify the damage or loss caused by the student;
0
?
(e)
?
require the student to write a letter of apology;
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(f)
allow the student to perform up to 50 hours of community service;
(g)
terminate scholarships or other financial support;
(h)
refer the matter to the UBSD.
If the Director of Campus Community Services takes action under (b) through (g), the
student should be advised that a copy will be retained in the student file in the Office of
Campus Community Services and that in the event of any further reports of
misconduct, the report may be used in determining a penalty for subsequent offences.
In the case of (b) through (g), the student may dispute the facts by referring his/her
case to the UBSD, in writing, stating reasons, within three weeks of the date of
notification by the Director of Campus Community Services. Cases referred to the
UBSD should be addressed to the Secretary, University Board on Student Discipline,
Registrar's Office.
2.5 CASES NOT REFERRED TO UBSD WHERE STUDENT DISPUTES THE PENALTY
In a case not referred to the UBSD, if the student wishes to dispute the severity of the
penalty, the student may forward his/her case to the Senate Committee on Disciplinary
Appeals, in writing, stating reasons, within three weeks of the date of notification of the
penalty. Cases forwarded to SCODA should be addressed to the Secretary, Senate
Committee on Disciplinary Appeals, Registrar's
Office.
2.6 OFFICIAL TRANSCRIPT WITHHELD
In a case which is referred to the UBSD
by a University official, the student's official
transcript will not normally be made available to the student until the case has been
concluded.
3.0 UNIVERSITY BOARD ON STUDENT DISCIPLINE - UBSD
3.1 In
extenuating circumstances, the Co-ordinator of the UBSD may extend the time limits
for a student to dispute the findings of fact of the instructor, Department Chair, the
Registrar or the Director of Campus Community Services.
3.2 The UBSD is an internal administrative body, governed by the principles of natural
justice and procedural fairness. Within this framework, it is free to develop procedures
and practices to conduct hearings and is not constrained by strict rules of procedure and
evidence.
3.3 The IJBSD shall consist of eleven members named by the Vice-President, Academic
from a list of nominees drawn from the various campus constituencies. The Board shall
be comprised of three faculty, four students and three staff, plus a Co-ordinator named
by the Vice-President, Academic. In harassment cases the UBSD shall consist of a single
person appointed by the Vice-President, Academic. This person shall be external to the
University and shall be experienced as an adjudicator in harassment proceedings.
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3.4 ?
Normally, faculty and
staff
shall be appointed to the Board for terms of three years and
• ?
staggered
students shall
to ensure
be appointed
some continuity
to the Board
of membership.
for one year terms. Terms of office
will
be
3.5 For each hearing, the Co-ordinator of the UBSD will appoint a Tribunal of three persons
consisting of a Chair and two other members. In deciding on the composition of the
membership of the Tribunal, the Co-ordinator of the TJBSD shall take into account the
nature of the charges brought forward and the diversity of the University community.
The membership of the Tribunal shall include at least one faculty member and one
student.
3.6 When a case is unable to proceed because the student is unable or unwilling to
participate in the hearings at the TJBSD level, the UBSD Co-ordinator may examine the
case. If the Co-ordinator determines that there are sufficient grounds to proceed, the
Co-ordinator will forward a recommendation to the Registrar to place a note onthe
student's file, such that the student may not register again at the University until the
case has been appropriately dealt with.
4.0 UBSD HEARINGS
4.1 The neutrality of any member of the Tribunal scheduled to hear a case may be
challenged and will be determined by the Chair. If the neutrality of the Chair is
challenged, it will be determined by the other members of the Tribunal.
4.2 A Tribunal hearing shall be open to the public except when the Tribunal is of the
opinion that intimate financial or personal matters may be disclosed. The Tribunal, on
its own motion or on application from a
•
party, may exclude the public from the
hearing or parts thereof.
4.3 The student shall be the applicant when asking for a review of a decision
by
the
respondent (i.e. the instructor, Department Chair, the Registrar or the Director of
• Campus Community Services). In other cases, the instructor, Department Chair,
Registrar or Director of Campus Community Services (or their delegates) shallbe the
applicant and bring the case to the Tribunal. In these cases the student shall be the
respondent.
4.4 Hearings may be held using telecommunications at the discretion of the Chair of the
Tribunal.
4.5
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In exceptional circumstances, the Tribunal may permit the student to appear
in absentia
?
by delegate.
4.6
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The parties to a Tribunal hearing (i.e. the applicant and the respondent) may have a
?
representative present at the hearing.
4.7 If the applicant or respondent fails to appear before the Tribunal at the appointed time,
the Tribunal may, without further notice, proceed in such absence or dismiss the
complaint or review.
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4.8 If there are medical or compassionate reasons for non-appearance, the Secretary of the
UBSD must be notified immediately. The Chair will determine the acceptability of such
reasons and whether the hearing should be postponed.
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4.9 ?
All parties may be present throughout the hearing but witnesses shall be excluded until
they have presented their evidence.
4.10 Evidence will not be given under oath.
4.11 Each party shall be given the opportunity to ask questions of any witness.
4.12 The Tribunal is res
A.
ponsible
for interpreting any policy under consideration.
4.13 The Chair of the Tribunal shall be responsible for the maintenance of an orderly
procedure in the hearing.
4.14 In cases referred to the UBSD by a student, the Tribunal will hear the evidence and
determine the facts of the case. If the Tribunal finds that the offense took place, the
penalty originally imposed will stand, and there will be no penalty hearing.
When cases are referred to the UBSD by a University official, the Tribunal will first hear
the evidence and determine the facts of the case (initial hearing). If the Tribunal finds
that academic dishonesty or misconduct has taken place, the Tribunal will hold a second
hearing to consider the recommendation on the penalty (penalty hearing). These two
hearings may take place on the same or different days. When all parties are in
agreement as to the facts, the Tribunal may proceed directly to considering the
recommendation on the penalty.
4.15 The Tribunal hearing determining the facts shall be audio-taped, and the tape is to be
used only for purposes of appeal.
4.16 At a penalty hearing, the Tribunal may hear impact statements from witnesses or
parties.
4.17 Arguments about procedural fairness at stages prior to the UBSD shall be raised and
dealt with at the Tribunal hearing that determines the facts of the case.
4.18 In harassment cases, the initial fact-finding will have been undertaken under GP 18. If
the student disputes the facts, the UBSD shall consist of a single person appointed by the
Vice-President, Academic. This person shall be external to the University and shall be
experienced as an adjudicator in harassment proceedings.
5.0 THE DECISION OF THE UBSD TRIBUNAL
5.1
?
The deliberations of the Tribunal shall be closed with no record kept.
5.2 The Chair of the Tribunal shall vote only in the case of a tie. No member of the
Tribunal shall abstain.
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5.3
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In those cases referred to the UBSD by the student, the Tribunal shall confirm or
• overturn the findings of fact made by the person whose decision is under review. If the
decision is confirmed, the penalty remains unaltered. If the decision is overturned, the
Tribunal shall decide on an appropriate course of action consistent with. the
finding
of
fact of the Tribunal. The Tribunal's decision shall be communicated to the student and
the relevant department(s).
?
5.4 ?
For cases referred to the UBSD by a University official the Tribunal shall convey its
decision to the parties following deliberation with regard to the finding of fact.
If the Tribunal finds that academic dishonesty or misconduct has taken place, the
Tribunal shall hear from the parties regarding its recommendation to the President on a
penalty. At this stage, the Tribunal shall have access to any other disciplinary
information about the student which is in the Registrar's file in any case of academic
dishonesty or the Director of Campus Community Services' file in any case of
misconduct. In addition, for those cases referred by Department Chairs, information
about other cases involving the student in that department shall also be made available
to the Tribunal.
If the Tribunal finds that academic dishonesty or misconduct has not taken place, the
Tribunal shall decide on an appropriate course of action consistent with the finding of
fact of the Tribunal. The Tribunal's decision shall be communicated to the student and
the original departments.
5.5 Penalties which the Tribunal can recommend are those set out in the Code of Student
Conduct T 10.01 or in the Code of Academic Honesty T 10.02. The Tribunal is not
bound by previous penalties imposed.
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5.6 ?
The Tribunal shall state, in writing, findings of fact, reasons and recommendation
regarding penalty and provide all parties and the Registrar with a copy.
6.0 IMPOSITION OF A PENALTY BY THE PRESIDENT3
6.1 The parties shall be given the opportunity to respond in writing within three weeks to
the Tribunal's recommendation to the President
3
regarding penalty.
6.2 The decisionof the President
3
shall be communicated in writing to the parties. The
student will be advised of the process for appeal to the Senate Committee on
Disciplinary Appeals (SCODA), the time limits for initiating such an appeal, and the
services of the Ombuds Office.
?
6.3
?
The decision of the Presiden0 will take effect at the expiry of the time limit for the
appeal, or when a decision on the appeal is made by SCODA.
Or the Vice-President, Academic. See paragraph 1.0
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6.4 ?
A notation of a suspension or expulsion shall be placed on the student's official
transcript. A notation of a suspension will be removed when it expires. The report will
Director
remain in
of
a
Campus
sealed envelope
Community
in the
Services
student
until
file in
the
the
student
Office
has
of
graduated,
the Registrar
and
or
may
th
0
only be opened on the authorization of the Registrar if the student is involved in other
incidents of academic dishonesty or misconduct.
6.5 Academic work undertaken by a student at another institution while under a penalty
prohibiting attendance at SFU may not subsequently be transferred or in any other
way credited to the student's academic record at SPU.
6.6 ?
A report of a penalty
imposed by an instructor shall remain in the student file in the
Department until the student has graduated.
6.7 A report of a penalty imposed by a department Chair or by the Director of Campus
Community Services shall remain in the student's file in the department or in Campus
Community Services and in the Office of the Registrar until the student has graduated.
6.8 All records or information on a particular penalty or proceeding will be removed from
the student's file if the student's appeal is successful, and the University shall, if possible,
take steps to return the student to the position he/she would have been in if the
appealed decision had not been made.
7.0 SENATE COMMITTEE ON DISCIPLINARY APPEALS (SCODA
7.1 SCODA shall be comprised of the following:
(a)
Three faculty members and two alternate faculty members, who are not also
Chairs, Deans or Vice-Presidents, elected by Senate for overlapping 2 year terms;
(b)
Three students and two alternate students elected by
Senate for 1 year terms;
(c)
The chair of SCODA shall be a faculty member of SCODA elected annually by
the voting members of SCODA.
7.2 The Secretary of the Senate or his/her designate shall serve as a non-voting secretary to
the Committee.
8.0 GROUNDS OF APPEAL TO SCODA
8.1 A student may appeal to SCODA on one or more of the following grounds:
(a)
that a procedural error occurred of sufficient magnitude that it may reasonably
be said to have affected the fairness of the process or altered the outcome of the
case against the student;
(b)
that a factual error occurred of sufficient magnitude that it may reasonably be
said to have altered the outcome of the case against the student;
or
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(c) ?
that the penalty imposed on the student is excessive in all the circumstances of
the case.
A student may appeal to SCODA in writing setting out each ground of appeal. The
notice of appeal must be received by the Registrar's office within three weeks of the
decision which is the subject of the appeal.
8.2 A student or the University may appeal to SCODA in writing on the ground that new
evidence is available which is material and which could not have been made available at
the time of the hearing giving rise to the appeal despite the exercise of due diligence by
the party wishing to appeal. The notice of appeal must be received by the Registrar's
office within three months of the decision which is the subect of the ar.en1.
ri
?
8.3
?
In exceptional circumstances, student or, in the case of an appeal under Clause 8.2, a
student or the University may apply to the Registrar for an extension of time to file the
- notice of appeal. The Registrar shall decide whether or not to approve an extension.
The Registrar's decision shall be final.
8.4 The Registrar shall inform the respondent and the President of the notice of appeal in
writing, and schedule a meeting of SCODA as quickly as possible.
8.5 The penalty shall be stayed pending determination of the appeal by SCODA.
8.6 In extenuating circumstances, the Chair of SCODA may extend the time limits for filing
an appeal.
.
9.0 SCODA HEARINGS
?
9.1 ?
SCODA, as an internal administrative body, will
follow
principles of natural justice and
procedural fairness. Within that framework, it is free to develop procedures and
practices to conduct appeals and is not constrained by strict rules of procedure and
evidence.
92 The number of members of SCODA required for hearing an appeal shall
be two faculty
members, two students and the Chair. The quorum for other meetings of the
committee shall be five members of the committee, induding the Chair.
9.3 To ensure the impartiality of the Committee, no member with previous involvement in
the case may hear the appeal.
9.4 The neutrality of any member of the Committee scheduled to hear an appeal may be
challenged and will be determined by the Chair. If the neutrality of the Chair is
challenged, it will be determined by the other members of the hearing panel.
9.5 A student appeal shall be open to the public except when the Committee is of the
opinion that intimate financial or personal matters may be disclosed. The Committee,
on its own motion or on application from the appellant, may exclude the public from
the appeal or parts thereof.
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9.6
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In exceptional circumstances, the Committee may permit the student to appear
in
absentia by
delegate.
9.7
?
The
to the
appellant
Committee
(or representative)
to support the appeal.
shall be given the opportunity of making a statement
0
9.8 ?
The respondent may also appear at the appeal. Where the appeal is under 8.2 she/he
shall be entitled to speak to the new evidence.
9.9 ?
Both parties may be accompanied by a representative at the appeal.
9.10 If the appellant fails to appear before the Committee on the appointed time, the
Committee may, without further notice, proceed in such absence to determine the
appeal.
9.11 If there are medical or compassionate reasons for non-appearance, the Secretary must
be notified immediately. The Chair will determine the acceptability of such reasons and
whether the appeal should be postponed.
9.12 Appeals shall be based on the record of the preceding hearing or decision and any
relevant documentation considered.
9.13 Only when a case is being appealled under 8.2 shall the Committee hear new evidence.
10.0
10.1
THE
The deliberations
DECISION OF
of the
THE
Committee
COMMITTEE
shall be
?
closed with no record kept.
0
10.2 The Chair shall cast the deciding vote in the event of a tie. No member hearing the
appeal shall abstain.
10.3 Having heard the appeal, the Committee may
(a)
find in favour of the student under 8.1 (a) or (b)and substitute its own finding or
order a new hearing;
(b)
find in favour of the student under 8.1 (c) and vary the penalty;
(c)
find in favour of the appellant under 8.2 and substitute its own finding or order a
new hearing;
(d)
find against the appellant, confirming the original decision which remains
unchanged.
10.4 If the Committee determines that discipline of the student is unwarranted, the
University shall, if possible, take steps to return the student to the position he/she
would have been in if the appealed decision had not been made.
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10.5 The decision on an appeal shall be communicated to the appellant, the respondent and
the President in writing as soon as possible after the decision has been made. If
.
?
SCODA recommends the revocation of a degree, that recommendation shall be
forwarded to Senate for action.
10.6 The decision of the Committee is final.
11.0 REPORTING
iLl. The Registrar and the Director of Campus Community Services shall maintain a
statistical summary of cases which are handled through their offices each year, and
these data shall be included in the Annual Report on Student Discipline Matters.
11.2 In addition to the data in 11.1, the Annual Report on Student Discipline Matters will
contain a summary of the UBSD Tribunal's decisions, the President's decisions,
SCODA's decisions and the penalties imposed. This report will be accessible to the
University community and will be submitted to Senate for information except cases or
parts of cases that the Tribunal, SCODA or the President decides should not be
disclosed. Such summary shall not disclose the identities of the parties. A set of
decisions which does not disclose the identities of the parties shall be maintained in the
office of the Secretary of the UBSD and is available for review upon reasonable notice.
12.0 RETENTION OF RECORDS
Any information and records relating to an action under these policies will be handled
by the University in compliance with British Columbia's Freedom of Information and
Protection of Privacy Act.
Filed as 10.2 16sep99
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Appendix C
•
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Recommendations to accompany the revisions to the Student Conduct Policies
1.
Comments were heard by the Committee about delays in scheduling
hearings of the UBSD and apparently the scheduling of SCODA can have
similar delays. The Committee recommends that the Co-ordinator of the
UBSD, the Chair of SCODA and the respective members, work to arrange a
better coordination of schedules in order that hearings can be arranged in a
timely manner.
2.
The T 10 policies interact with Policy UP 25 Emergency Response to
Threatenin g
Behaviour. The Committee recommends that the references in
GP
25
to the T10 policies be clarified in order to ensure a smooth transition
between both policies. In particular, Policy GP
25
should be amended to
refer to SCODA and to the T 10. Policies.
3.
The Committee received comments that the campus community hears very
little about misconduct matters. It is recommended that reports be
advertised more widely, possibly in the Student newspaper.
4.
The Committee heard that Campus Security members feel unable to enforce
provisions of the conduct policies because Campus Security is not explicitly
mentioned in the policy and not explicitly authorized to act under the policy.
In the view of the Committee, this is a wider concern than the student
conduct policies and goes to the root of the mandate of Campus Security,
and consequently, the committee recommends that this matter be referred to
the VP Finance and Administration.
5.
Other policies which may link into the student conduct policies including OP
24 Fair Use of Information Resources, OP 18 Harassment Policy should be
amended to explicitly link to the avenues contained within the Student
Conduct Policies, and to provide correct references to the new T 10.03
policy.
6.
UBSD and SCODA should each prepare explanatory notes on the
procedures that they follow. These explanatory notes should be available to
individuals who will be participating in hearings.
7.
There should be a campus wide policy that the terms of committee members
may continue until the conclusion of a case.
0
