I

0

?

S.89-7

SIMON FRASER UNIVERSITY

MEMORANDUM

To:

?

Senate

?

From: Senate Committee on

Agenda and Rules

Subject: Revision to Terms of Reference,

?

Date: ?

December 14, 1988

Senate Committee on Academic Discipline,

Policy AC

51

As set out in the attached papers, action is required to allow the Senate

Committee on Academic Discipline, acting under delegated authority from Senate,

to deal with an appeal by a student from a penalty imposed under the University

Harassment Policy, which has been approved in principle by the Board of

Governors.

Motion:

"that Senate approve the following amendment to Policy AC

51,

the

Terms of Reference for the Senate Committee on Academic Discipline:

Section B. - Responsibilities

2. The Committee is established:

a)

to hear appeals from penalties imposed under 'Procedures for Dealing

with Incidents of Intellectual Dishonesty', and

b)

to hear an appeal by a student from a penalt

y

imposed

under the 'Universitv Harassment

Policy'

and

c)

to hear such other appeals and deal with such other matters as

Senate or the Chair of Senate so directs".

---

r]

SIMON FRASER UNIVERSITY

?

MEMORANDUM

To:

?

W. G. Saywell

President

Subject: Student A

From:

Is - Harassment Policy

?

Date:

W. Ronald He

Registrar ?

A

December t4."1988

The Board of Governors, at the meeting held on April 18, 1988, Approved in

principle the Harassment Policy for the University. The Policy provides that "the

President shall impose an appropriate sanction for an offense, may provide a

remedy for the complainant, or may exonerate the respondent". The general

procedures for an appeal of such decision by the President are contained in

The

University Act.

Any member of the teaching and administrative staffs and any

officer or employee of the University has recourse to the Board on appeal, but

Part 11 of

The University Act

sets out the following:

Suspension of a Student

.

58.

(1) ?

The president has power to suspend a student and to deal

summarily with any matter of student discipline.

(2)

On the exercise of the power, he shall promptly report his action to the

standing committee established under section 36 (s)* with a statement of his

reasons.

(3)

The action of the president is final and subject in all cases to an appeal

to the senate.

*

Section 36 (s) - to establish a standing committee of final appeal for students in

matters of academic discipline.

AC 51 comprises the Terms of Reference for the Senate Committee on Academic

Discipline, the standing committee that was established under section 36 (s), and

section B.2, Responsibilities, of that policy states:

"The Committee is established to hear appeals from penalties imposed on

students under 'Procedures for Dealing with Incidents of

Intellectual

Dishonesty' and to hear such other appeals and deal

with such other matters

as Senate or the Chairman of Senate so directs."

• ?

2

---

M

W. G. Saywell

Student Appeals - Harassment Policy

December 14, 1988

Page 2

Senate has not specifically delegated to the Senate Committee on Academic

Discipline authority to deal with an appeal by a student under the provisions of

the University's Harassment Policy and I have been advised by counsel that,

under the current wording of

The Act,

it could be argued any appeal by a

student under the Harassment Policy would have to be heard by the Senate

unless authority to hear such an appeal is delegated by Senate to the Senate

Committee on Academic Discipline.

Is is therefore proposed that AC

51,

The Terms of Reference for the Senate

Committee on Academic Discipline, be amended in the following manner:

Section B., Responsibilities:

.

2. "The Committee is established:

a)

to hear appeals from penalties imposed

with Incidents of Intellectual Dishonesty',

and

b)

to hear an appeal by a student from

'University Harassment Policy',

and

under 'Procedures for Dealing

a penalty imposed under the

.

c) ?

to hear such other appeals and deal with such other matters as Senate

or the Chairman of Senate so directs".

The University Act

specifies that Senate may, by 2/3 vote of its members

present, delegate to one or more of its committees those of its powers as it may

determine.

I have prepared a motion for Senate to address the question of delegation of the

authority to the Senate Committee on Academic Discipline. If you agree, I shall

place this on the proposed Agenda for the January meeting of the Senate and

this can be considered by the Senate Committee on Agenda and Rules on