(SADC 89 - as amended

and approved

by Senate at its meeting of March

2, 1981.)

TERMS OF REFERENCE

SENATE COMMITTEE ON ACADEMIC DISCIPLINE.

A.1. Membership and Voting

(a)

Chairman - elected by and from Senate for a 1-year term

(b)

3 faculty members elected by Senate for over-lapping 2-year terms

(c)

1 faculty member (alternate) elected by Senate for a 1-year term

(d)

3 students selected by the Student Society for 1-year terms

(e)

1 student (alternate) selected by the Student Society for a 1-year term

(f)

The Registrar or his or her designate shall serve as non-voting

secretary to the Committee.

"Student" means a person who is presently enrolled at the university

in a credit course or who is designated by resolution of the Senate

as a student; for these purposes for undergraduate students it includes

1) Those registered in a credit course or courses in the semester in

which nominations are due, or ii) Those in good standing who were

registered in a credit course or courses in the immediately previous

semester who certify that they intend to register again at Simon Fraser

University before missing two consecutive registrations. For these

purposes for graduate students it includes any student duly registered

as a graduate student other than one who currently is designated with

"on leave" status.

Each member. shall have one vote, but alternates may vote only as set

out in paragraph A.4 and the Chairman or Acting Chairman shall vote

only in the case of ties.

The faculty member alternate shall be eligible to vote when one of the

other faculty members is absent or involved in the case being heard by

the Committee and the student alternate shall be eligible to vote when

one of the other student members is absent or involved in the case being

heard by the Committee.

Faculty Deans and Department Chairmen are not eligible for election to

this Committee.

The President shall not be a member of this Committee.

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Responsibilities

The Committee is the "standing committee of final appeal for students

in matters of academic discipline" referred to in various sections of

the University Act.

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.

Senate delegates to the Committee its power and authority to deal with

all appeals in matters of academic discipline of students.

Procedures

1. The procedures described in this document and related documents have

been developed with regard to appropriate principles of natural justice

in order to ensure that a student subject to disciplinary proceedings

is treated fairly, while recognizing that such proceedings will not

normally be conducted in the same manner as those of a court of law.

2. The Committee may adopt such procedures as it considers appropriate

and shall, if the student so requests, give the student opportunity

to make representations concerning the matter.

3. The Committee shall observe the following standards and procedures

while carrying out its responsibilities:

(a)

If the Chairman is absent from any Committee meeting, a quorum

of the Committee shall elect an Acting Chairman from among voting

members present to act as Chairman of the meeting while the Chair-

man remains absent.

(b)

A quorum of the Committee is 5 members entitled to vote at the

meeting.

(c)

If a member is involved in a case before the Committee, he or she

shall not act as a member of the Committee with respect to that case.

(d)

When an appeal has been initiated and new evidence is to be made

available the Chairman of the Committee, on consideration of the

new evidence, may instruct that the case be further coisidered

with the new evidence by the previous review body, or may permit

the appeal to proceed to the Committee with the new evidence to be

considered at that level.

4. The Committee shall consider each relevant part of the full record

concerning the alleged offence or conduct, as well as all additional

relevant evidence and representations made to the Committee in connec-

tion with the case.

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A student who appeals to the Senate Committee on Academic Discipline

pursuant to these procedures shall be entitled to a copy of the full

record of the case underappeal. The "full record" of the case con-

sists of all available documentary evidence submitted to, and the

decision of, each prior decision maker. The Senate Committee may with-

hold that portion of any evidence which does not relate to the appeal

of the student, or that identifies a person whose privacy might be

unfairly invaded by disclosure provided that the Committee is of the

opinion that non-disclosure would not prejudice the right of the

student to have a fair hearing.

The Senate Committee on Academic Discipline shall hold a hearing in

respect of each appeal made to it pursuant to chese procedures to hear

such evidence as it considers appropriate and such representations as

the student wishes to make. The student shall have the right to attend

and have a representative of his choice attend each hearing in respect

of his or her appeal, but not during the Committee's deliberations.

The Chairman of the Department Committee on Academic Discipline may be

present and permitted to testify at any appeal hearing of the Senate

Committee on Academic Discipline, but may not be present during the

Committee's deliberations. Similarly the course instructor may be

present and permitted to testify, but may not be preseflt during the

Committee's deliberations.

The Committee determining any matter pursuant to these procedures may

receive and act upon such evidence and information as It considers to

be reliable, whether such evidence or information would be admissible

in a court of law. Every reasonable effort shall be made to adjudge

the accuracy of such evidence or information.

Appeals shall be heard and decisions made with due dispatch. Each

decision on appeal shall be communicated to the student with reasons

in writing. Each decision of the Committee Is final and there is no

right of appeal from its decision except as provided for in Section

C.lo.

A decision sent by registered or certified mail to the student at his

or her current address as shown on the records of the Registrar shall

be deemed to have been received by the student on the fourth day of

mail service after the date of mailing if it was not earlier delivered

to that address.

Meetings of the Senate Committee on Academic Discipline are closed.

R. The Committee has discretionary power in exceptional cases to waive

technical requirements which in the Committee's opinion would other-

wise cause undue hardship

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10. Upon the written request of the student or the President, the Senate

Committee on Academic Discipline on written reasons satisfactory to

the Committee, may initiate proceedings to consider amelioration or

reduction of a penalty previously imposed. Upon instruction by the

President the Committee shall initiate such proceedings but with the

final disposition to rest with the Committee other than in those cases

where imposition of the penalty rested initially with the President in

which case, in consultation with the Committee, he/she may act directly

to ameliorate perceived injustice.

Reporting

The Committee shall report its decisions in summary, anonymous form to

Senate at least annually and more frequently if appropriate. It will

also provide Senate with an annual report reviewing the operation of

the procedures referred to in paragraph B.2. The Committee has the

responsibility of making recommendations to Senate concerning necessary

modifications of University policies and procedures in the area of

intellectual honesty and academic discipline.

Summaries of information on offences and on penalties assigned will be

available in the Office of the Registrar.