S.94-51
SIMON FRASER UNIVERSITY
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Memorandum
To: ?
Senate
From: ?
Judith Osborne, Chair
Ad Hoc Senate Committee to Review Academic
Discipline and Student Conduct Policies
Date: ?
June 21, 1994
Subject:
Code of Student Discipline
MOTION: "that Senate approve effective September 1, 1994 the policies and
procedures relating to student discipline, including replacement of
the Senate Committee on Academic Discipline (SCAD) with the
• ?
Senate Committee on Disciplinary Appeals (SCODA) as set forth
in S.94-51"
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SIMON FRASER UNIVERSITY ?
OFFICE OF THE ASSOCIATE VICE-PRESIDENT, ACADEMIC
?
MEMORANDUM
To: Members of Senate
Re: Code of Student Discipline
From: ?
JudithO
)
Chair
Date: ?
June 15, 1994
At its May, 1993 meeting, Senate referred to an ad hoc committee a review of
academic discipline and student conduct policies. The Senate Committee to Review
Academic Discipline and Student Conduct (SCRAD) was constituted as follows:
Joan Brockman (Criminology)
Michelle Crawford (Student) (until 12/93)
Ron Heath (Registrar)
Graeme McDermid (Student)
Judith Osborne (Chair)
Larry Pinfield (Business Administration)
Aidan Vining (Business Administration)(until 12/93)
SCRAD met regularly from September 1993 to May 1994, initially reviewing existing
policies and draft revisions produced by the Senate Committee on Academic
Discipline. One of these draft documents, a revision to T10.01 - the Statement on
Student Conduct - was distributed widely with the campus community for
comment.
The Committee concluded that current policies on academic and non-academic
misconduct on the part of students are deficient in several respects:
1.
The Statement on Student Misconduct does not describe with any degree of
specificity the nature of inappropriate conduct on the part of students. Nor
does it provide a process for handling student misconduct. This is
unsatisfactory both for students and for the university.
2.
The present process for dealing with academic dishonesty does not meet
appropriate standards of natural justice and procedural fairness. Specifically,
where a student's status is being reviewed on the basis of allegations of
academic dishonesty, there is no provision for a full and fair hearing before
the President makes a decision.
3.
The student is provided with a right of appeal from the President's decision
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to SCAD. For most students, an appearance before SCAD is the first real
opportunity of presenting their version of what happened. Consequently the
Senate Committee becomes embroiled in deciding issues of fact, when they
.
.
should have been dealt with at an earlier stage. The SCAD is not fulfilling a
true appellate function as prescribed by the University Act. ?
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4. ?
There is a lack of consistency in how incidents of academic and non-academic
misconduct are handled across the university.
Consequently, the ad hoc Committee to Review Academic Discipline etc. is
recommending that Simon Fraser University adopt a comprehensive package of
policies and procedures relating to student discipline which describes in reasonable
detail inappropriate academic and non-academic behaviours and sets out a two-
tiered process to respond to those behaviours. In designing this process, SCRAD was
guided by those aspects of administrative law which apply in a university setting.
It is proposed that minor incidents of academic dishonesty will be dealt with, as at
present, by the course instructor and/or the department chair. Minor misconduct
will be dealt with similarly by the Director of Student Services. For more serious
incidents of both types, a University Board of Student Discipline will be established
to hear the cases, make decisions on the merits, and make recommendations on
penalty to the President. This will ensure that students are given every opportunity
to respond to any allegations of misconduct and that penalties are only imposed
after a full and fair hearing, at the end of which the hearing tribunal is satisfied on a
balance of probabilities that the misconduct occurred.
SCRAD is also recommending that the Senate committee of final appeal, as
mandated in the University Act, be redesigned. The Senate Committee on
Disciplinary Appeals will be a body with a true appeal function. It will review
decisions in student discipline hearings only where it is argued that there was some
procedural irregularity, that the penalty imposed is excessive or that new evidence
has come to light which was not previously available.
SCRAD sent out the penultimate draft of these policies and procedures to the
university community for written feedback during the spring and received many
useful comments which were incorporated into this final version.
The ad hoc Committee is convinced that the adoption of these measures will
establish appropriate standards of behaviour and provide a consistent and fair
process for responding to allegations of misconduct.
S
C. ?
SCRAD members
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POLICIES AND PROCEDURES
RELATING TO
STUDENT DISCIPLINE
I.
CODE OF ACADEMIC HONESTY
II.
CODE OF STUDENT CONDUCT
III.
UNIVERSITY BOARD ON STUDENT DISCIPLINE
IV.
SENATE COMMITTEE ON DISCIPLINARY APPEALS
Iic.ii
M.. . Mm"
SIMON FRASER UNIVERSITY ?
BURNABY, BRITISH COLUMBIA
.
While ?
the ?
following ?
policies ?
and
procedures
apply ?
to ?
students, ?
the
University
also
?
has established policies
and procedures
relating to the conduct
of ?
other members ?
of ?
the ?
University
community.
These are set out in other
University
policies
?
and
?
in ?
various
collective
a2reements.
S
0
. 1. CODE OF ACADEMIC HONESTY
1.0
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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.
2.0 Academic Dishonesty
Academic dishonesty, like other forms of dishonesty, is 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.
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.
(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.
(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. This
also includes the submission of identical or virtually identical assignments by
students who studied together.
(d)
Submitting as one's original work, essays, presentations or assignments which
were purchased or otherwise acquired from another source.
(d) Using or attempting to use other students' answers; providing answers to other
students; or failing to take reasonable measures to protect your answers from use by
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other students in assignments, projects or examinations.
(e)
Impersonating a candidate in an examination or availing oneself of the results of
such impersonation.
(f) 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.
(g)
Stealing or destroying the work of another student.
(h) Removing books or other library material without authorization, or mutilating
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.
(i)
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, be familiar with generally accepted standards and
requirements of academic honesty. 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 outlines and course instructors are expected to inform students at the
beginning of the semester of any special criteria of academic honesty pertinent to the
class or course. Failure of a course instructor to provide such special information
does not in any way exempt a student from penalties imposed by or on behalf of the
University under the general guidelines noted in 3.0 above.
5.0 Procedures and Penalties
5.1
Procedures
Procedures to be followed by the University in 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 in the policy establishing the Senate
Committee on Disciplinary Appeals respectively.
5.2 Types of Penalty
Penalties imposed by the University for academic dishonesty may include 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, forfeiture of University awards or financial assistance,
suspension or expulsion from the University.
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.
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II. CODE OF STUDENT CONDUCT
S
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
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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 unreasonably
prohibit peaceful assemblies, demonstrations or free speech.
2.0
Misconduct
2.1
Disruptive or Dangerous Behaviours
No student shall,
(a) by word or action, disrupt University activities;
(b) create a situation which endangers or threatens the health, safety or well-being of
another individual; or
(c) harm, injure or threaten any person on campus or in attendance at University
activities or functions.
2.2
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;
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(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.
2.3
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.
2.4
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 allow others to have access to areas designated for faculty or
staff without proper authorization.
2.5 Misuse of Information Resources
No student shall contravene the Policy on the Fair Use of Information Resources (GP
24).
2.6 Misuse of Student Disciplinary Procedures
No student shall falsify or misrepresent information which either leads to or is
presented at an internal disciplinary hearing.
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3.0 Procedures and Penalties
3.1
Procedures
Procedures to be followed by the University in imposing a penalty for acts of student
misconduct or an appeal therefrom are detailed in the policy establishing the
University Board on Student Discipline and in the policy establishing the Senate
Committee on Disciplinary Appeals respectively.
3.2
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Penalties
Penalties imposed by the University for misconduct may include one or more of the
following: a verbal or written reprimand, exclusion from specified areas of the
University, restitution or other ameliorative measures, suspension or expulsion
from the University.
3.3 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;
(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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III. UNIVERSITY BOARD ON STUDENT DISCIPLINE (UBSD)
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. Three
members of the University Board on Student Discipline will constitute a Hearing
Tribunal, hereafter referred to as the Tribunal. The Tribunal will adhere to principles
of natural justice and fairness; provide individuals with an opportunity to respond
in a timely manner to allegations of academic dishonesty or misconduct; render a
decision based on the balance of probabilities on any contested complaint; and, if
appropriate, recommend a course of action to the President.
1.1 Academic Dishonesty in Course Work
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 following
actions:
(a) (i) require the student to redo the work, or
(ii)
assign a grade penalty less harsh than "F" for the work, or
(iii)
impose a failing mark for the work.
The student shall be informed of the decision in writing, with a copy to the Chair of
the Department. The student should be advised that the report 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 offence.
(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.
(c) In the case of (b), the Chair shall meet with the student, and after reviewing the
facts of this case and any previous case 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)
initiate a hearing by referring 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 offence.
(d) If, in the case of (a) or (c), the student wishes to dispute the finding of fact of the
• instructor or department Chair, the student may present his/her case to the UBSD, in
writing, stating reasons, within eighteen days of the date of notification by the
instructor or department Chair.
1.2 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 may issue a reprimand to the
student, or, if he/she believes a more serious penalty should be applied, shall forward
5
a report of the incident to the UBSD with a copy to the student. The student may
dispute the finding of fact, in writing, stating reasons, to be submitted to the UBSD
within eighteen days of the date of notification by the Registrar. If the Registrar
issues a reprimand, the student should be advised that a copy of the reprimand will
be retained in the student ifie 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 offence. For the purposes of this section, student will
include an applicant to the University.
1.3
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 may initiate a hearing
before the UBSD.
2.0 Misconduct
In the case of an incident of student misconduct which is not resolved informally, a
written report of the incident should be forwarded through the Manager of Security
to the Director of Student Services. The Director of Student Services will meet with
the student and take one or more of the following actions:
(a)
seek an informal resolution
(b)
issue a formal reprimand
(c)
assess and recover costs of repair to damage caused by the student
(d)
refer the matter to the UBSD.
If the Director of Student Services 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
Student Services and that, in the event of any further reports of misconduct, the
report may be used in determining a penalty for the subsequent offence. In the case
of (b) or (c), the student may dispute the finding of fact, in writing, stating reasons, to
be submitted to the UBSD within eighteen days of the date of notification by the
Director of Student Services.
3.0
Time Limits
In extenuating circumstances, the UBSD may extend the eighteen day time limits for
a student to dispute the findings of fact of the instructor, Department Chair, the
Registrar or the Director of Student Services.
4.0
The UBSD - University Board on Student Discipline
4.1 The UBSD is an internal administrative body, governed by the principles of natural
justice and 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.
4.2 A UBSD shall consist of ten members named by the President from a list of nominees
drawn from the various campus constituencies. The Board shall be comprised of 3
faculty, 3 students and 3 staff, plus a Coordinator named by the President.
4.3 Normally, faculty and staff shall be appointed to the Board for terms of three years
and students shall be appointed to the Board for one year terms. Terms of office will
be staggered to ensure some continuity of membership.
4.4 For each hearing, the Coordinator 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 Coordinator of the UBSD shall
take into account the nature of the charges brought forward and the diversity
ot
the
.
.
University community. The membership of the Tribunal shall include at least one
faculty member and one student.
5.0
The Hearing
5.1
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 determine that the hearing or
parts thereof shall be held
in camera.
5.2
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
Student Services). ?
In other cases, the instructor, Department Chair, Registrar or
Director of Student Services (or their delegates) shall be the applicant and bring the
case to the Tribunal. In these cases the student shall be the respondent.
5.3
In exceptional circumstances, the Tribunal may permit the student to appear
in
absentia
by delegate.
5.4
The parties to a Tribunal hearing (i.e. the applicant and the respondent) may have a
representative present at the hearing.
5.5
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.
5.6
If there are medical or compassionate reasons for non-appearance, the Chair of the
Tribunal must be notified immediately. The Chair will determine the acceptability of
such reasons and whether the hearing should be adjourned.
5.7
All parties may be present throughout the hearing but witnesses shall be excluded
.
until
they have presented their evidence.
5.8
Evidence will not be given under oath.
5.9
Each party shall be given the opportunity to ask questions of any witness.
5.10
The Tribunal is responsible for interpreting any policy under consideration.
5.11
The Chair of the Tribunal shall be responsible for the maintenance of an orderly
procedure in the hearing.
5.12
The Tribunal hearing shall be audio-taped to be used only for purposes of appeal.
5.13
When all parties are in agreement as to the facts, the Tribunal may proceed directly to
considering the recommendation on the penalty.
6.0 The Decision of the Tribunal
6.1
The deliberations of the Tribunal shall be closed and no record kept.
6.2
The Chair of the Tribunal shall vote only in the case of a tie. No member of the
Tribunal shall abstain.
6.3 In those cases involving penalties under III. 1.1(a) or 1.1(c)(i), (ii) and (iii), or 1.2, or
2.0(b) and (c), the Tribunal shall confirm or overturn the lower decision with regard
to the finding of fact. If the decision is overturned, the Tribunal shall make a
recommendation to the Department Chair, Director of Student Services or Registrar
on an appropriate course of action consistent with the finding of fact of the Tribunal.
6.4 For appeals under III. 1.1(c)(iv), the Tribunal shall convey its decision to the parties
following deliberation with regard to the findings of fact. In the event the complaint
of academic dishonesty is upheld, the Tribunal shall hear from the parties regarding
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its recommendation to the President on penalty. At this stage, the Tribunal shall
have access to any other information on the student which is in the Registrar's file.
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6.5
Penalties which the Tribunal can recommend are those set out in the Code of
Student Conduct or in the Code of Academic Honesty. The Tribunal is not bound by
previous penalties imposed.
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6.6
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The Tribunal shall state, in writing, findings of fact, reasons for decision and
recommendation regarding penalty and provide all parties with a copy.
7.0
Imposition of a Penalty by the President
7.1
The parties shall be given the opportunity to respond in writing within eighteen days
to the Tribunal's recommendation to the President regarding penalty.
7.2 The decision of the President 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 Ombudsoffice.
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7.3
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The decision of the President will take effect at the expiry of the time limit for the
appeal, or when a decision on the appeal is made by SCODA.
7.4
A notation of a suspension or expulsion shall remain on the student's official
transcript until such time as it expires. The report of same will remain in a sealed
envelope in the student file in the Office of the Registrar or the Director of Student
Services until the student has graduated.
7.5
A report of a penalty imposed by an instructor shall remain in the student file in the
Department until the student has graduated.
7.6
A report of a penalty imposed by a department Chair shall remain in the student file
in the Office of the Registrar until the student has graduated.
7.7
All records or information on a particular penalty or proceeding will be removed
from the student's ifie if the student's appeal is successful, and the University shall, if
possible, take steps to return the student to the position s/he would have been in if
the decision appealed had not be made.
8.0 Reporting
A summary of the Tribunal's decisions and the penalties imposed will be accessible to
the University community unless the Tribunal or the President decides that all or
part of the decision or penalty should not be disclosed. Such summary shall not
disclose the identities of the parties.
9.0 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.
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IV. SENATE COMMITTEE ON DISCIPLINARY APPEALS (SCODA) -
TERMS OF REFERENCE
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1.0 ?
Statement of Principle
In any situation in which the University imposes a penalty for academic dishonesty
or misconduct on the part of a student, a standing Senate committee of final appeal
may review the decision to ensure fairness, the appropriate standard for a decision in
this process is proof on the balance of probabilities.
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2.0
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Jurisdiction
2.1 The Senate shall establish a standing committee of final appeal for students in
matters of academic discipline as mandated in 36.(s) of the University Act. This
committee, the Senate Committee on Disciplinary Appeals (SCODA) shall also be the
forum of final appeal for students in matters of misconduct, harassment, and such
other matters as Senate or the Chair of Senate directs.
2.2
SCODA shall report to Senate annually, summarizing its work in the previous year
and making recommendations regarding modifications to the policies and
procedures under which it operates.
3.0 Membership
3.1
SCODA shall be comprised of the following:
(a)
a Chair, elected by and from Senate for a two year term;
(b)
3 faculty members, who are not also Chairs, Deans or Vice Presidents elected by
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Senate for overlapping 2 year terms;
(c)
3 students elected by Senate for 1 year terms.
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-
3.2 The Secretary of the Senate or his/her designate shall serve as a non-voting secretary
to the Committee.
4.0 Grounds of Appeal
4.1
A student (the appellant) may appeal on one or more of the following grounds:
(a)
that there was unfairness in the process at the hearing;
(b)
that the penalty imposed was inappropriate;
(c)
that new evidence has come to light that was not available at the time of the
hearing which casts doubt on the accuracy of the finding.
4.2
A written notice of appeal, which states the reasons for the appeal, must be received
by the Registrar within 18 days of the decision being appealed.
4.3 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.
4.4
The penalty shall be stayed pending determination of the appeal by SCODA.
5.0 Procedures
5.1
SCODA, as an internal administrative body, will follow principles of natural justice
and 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.
5.2 The quorum shall be five members of the committee, including the Chair.
5.3 To
ensure the impartiality of the Committee, no member with previous
involvement in the case may hear the appeal.
5.4
The appellant may challenge for cause the neutrality of any member of the
Committee scheduled to hear his/her appeal. The Chair, on the advice of the
Committee, will rule on the validity of the challenge.
5.5
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 determine
that the appeal or parts thereof shall be held
in camera.
5.6
In exceptional circumstances, the Committee may permit the student to appear
in
absentia
by delegate.
5.7
The appellant (or representative) shall be given the opportunity of making a
statement to the Committee to support the appeal.
5.8
The respondent may also appear at the appeal. Where the appeal is under 4.1(c), s/he
shall be entitled to speak to the new evidence.
5.9
Both parties may be accompanied by a representative at the appeal.
5.10
If the appellant fails to appear before the Committee on the appointed day and time,
the Committee may, without further notice, proceed to determine the appeal.
5.11
If there are medical or compassionate grounds for non-appearance, the Chair must be
notified immediately. The Chair will determine the acceptability of these grounds
and if the appeal should be adjourned.
5.12
Appeals shall be based on the record of the preceding hearing or decision and any
relevant documentation considered.
5.13
Only when the student is appealing under 4.1(c) shall the Committee hear new
evidence.
6.0
The Decision of the Committee.
6.1
The deliberations of the Committee shall be closed and no record kept.
6.2
The Chair shall cast the deciding vote in the event of a tie. No member hearing the
appeal shall abstain.
6.3
The Committee may
(a)
grant an appeal under IV. 4.1(a) or 4.1(c) and substitute its own finding or order a
new hearing;
(b)
grant an appeal under IV. 4.1(b) and vary the penalty;
(c)
reject an appeal, confirming the original decision.
6.4
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 s/he
would have been in if the decision appealed had not been made.
6.5
Each decision on appeal shall be communicated to the appellant, the respondent and
the President in writing as soon as possible after the decision has been made.
6.6
The decision of the Committee is final.
7.0
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.
May 25, 1994
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