SIMON FRASER UNIVERSITY

Senate Committee on Agenda and Rules

Memorandum

S.10-114

TO:

SCAR

FROM:

Judith Osborn -,,_..--- ___ ,

V.P.,

Legal A

RE: Amendment to

Policy S.1 0.03

DATE:

July 14,

2010

University Board on Student Discipline (IIUBSD")

It

has come to our attention that an editorial change to the above-captioned policy is

required to close a procedural gap for

challenges of the Chair's neutrality.

Section 2.1 of the policy presently states:

When the neutrality of any member of the Tribunal is challenged, the issue will be

determined by the Chair. When the neutrality of the Chair is challenged, the issue

will be determined by the Coordinator of the UBSD.

In practice, the current Coordinator of the UBSD serves as the Chair of every tribunal

thus there

is no effective mechanism in the policy for dealing with a challenge to the

Chair's neutrality.

In order to address this issue, the section will be amended to read as

follows:

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, the issue will be determined by the other members of the hearing panel.

The foregoing is the same procedure and wording as provided for in Policy 5.10.04,

Senate

Committee on Disciplinary Appeals ("5CODA").

We ask that you include this matter as an information item on the Agenda for Senate's

meeting

of September 13, 2010. The amendment will become effective on that date.