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A Senate discussion on March 29, 1984, and a similar discussion at the Board of Regents meeting on May 15, 1984, resulted in passage of the following motion: "That a joint Board-Senate Committee be established to review the existing policies and procedures at Mount Allison respecting student discipline and to recommend changes, if necessary. The mandate of this Committee should be sufficiently broad to allow the Committee to review any aspect of student-related discipline, including grounds for suspension, expulsion, review process, appeals, etc."
An Ad-Hoc Committee, under the chairmanship of Mr. Mark Yeoman as Chair,
was struck over that summer and comprised:
After that time there were several changes. From February 1986, the
Committee, with Mrs. Jane Eaton as Chair, comprised: The Committee reviewed existing policies and procedures and recognized a strong need for a written philosophy - a firm foundation on which to base all decisions relating to student discipline. During the spring of 1986 this philosophy received approval in principle from the Executive Committee of the Board of Regents and from the Board of Regents. Early in the academic year, 1986-87, the "Interim Report on Policies and Procedures for Student Discipline" was circulated to all members of the Board of Regents, the Senate, the S.A.C., and Residence Dons. This draft report included the philosophy, composition and terms of reference for discipline committees, jurisdictions of the judicial committees, code of discipline and sanctions, as well as a section on regulations governing each student who accepts a room in residence. The Committee asked for verbal or, preferably, written reactions to the content of the document by October 31, 1986. There were thirteen written submissions received, and the Committee met almost every week during the winter and spring of 1987 for discussion and preparation of the final report, "Policies and Procedures for Student Governance". The Committee adopted a positive approach in this final report. Governance includes guidelines for student conduct as well as an emphasis on education and reform instead of deterrence and punishment. Each student, administrator, Regent, and member of Faculty Council has a responsibility for the quality of life on campus. The final report, completed in September, 1987, was reviewed by a lawyer appointed by the University. His reply, received by the Committee early in March, 1988, indicated he could see "no fundamental problems with the report" but felt certain changes in wording would be desirable. The Committee made the suggested changes. The lawyer "considered that the Policies and Procedures were fair, reasonable, and well explained." The document "Policies and Procedures for Student Governance" has been presented to various groups--- 1. Initial discussion at the Executive Committee in August, 1988. 2. Excellent discussion at the Faculty Council meeting in October, 1988. Faculty Council recommended the approval in principle of the system of discipline outlined in the document. Due to points raised at that meeting, the Committee made several amendments. 3. Initial discussion at the Board of Regents meeting in October, 1988. 4. Approval by the S.A.C. 5. Two discussions at Senate in December, 1988 and February, 1989. At the February meeting the Senate approved the system of discipline outlined in the document "Policies and Procedures for Student Governance" subject to changes recommended by the ad-Hoc Committee on Guidelines for the Academic Judicial Committee. This Senate Committee reviewed the specific guidelines for the Academic Judicial Committee as well as several sections of the Calendar that relate to this document. The Executive Committee considered the report and forwarded a recommendation to the Board of Regents at the 1989 spring meeting. Upon approval, the University Student Governance Committee was formed (see Section E for composition of the Committee) to put the Committee structure in place, monitor the system, and make any changes required to keep it running smoothly. NOTE: The Governance Committee believes that Appendix D of this document should be circulated to students in early September and that the complete document should be available year round through the Offices of the S.A.C. and Student Services. B. Philosophy of Student Governance At Mount Allison the academic education of students is complemented by their social, emotional, and physical development. It is important to maintain an environment conducive to academic study and extra-curricular activities. Student governance constitutes one component of that environment. The purpose of student governance is to encourage the individual growth of each student through development of personal values and integrity. All students participate by being considerate of the needs of others, and by involving themselves in the system to ensure its effective operation. Academic and social privileges at Mount Allison depend upon students meeting their responsibilities to others in the community. The governance structure, which is representative of the various groups on campus, seeks to: 1. ensure each individual's safety, security and other basic human rights; 2. foster within the campus community an atmosphere conducive to scholarship and the academic aims of the University; 3. preserve the interests of the wider University community. Students benefit from assuming a significant share of the responsibility for meeting these objectives and this is reflected in the composition of the various committees. Students' involvement in their governance is similar to, and a part of, their responsibilities as members of the larger society of which the University is a part. C. Principles of Student Governance
The University is not a refuge. Students are subject to the laws of the land like other citizens. As a result, the University will refer appropriate cases to the police or other authorities for investigation and prosecution, will inform complainants of their rights to do the same and will assist complainants in making such referrals. Also, the University will cooperate with the police when they wish to conduct an investigation on campus. Furthermore, this does not preclude the possibility of the University taking its own action on campus. The University does, of course, have its own interests to protect when laws are broken. As a result, the University may take action in cases, whether or not the police or other authorities have taken action. The system of governance at Mount Allison is based on decisions made by representative committees. However, in some cases, it may still be necessary for the President, or his delegate, to take immediate action, including suspension, to be in effect until the appropriate committee has dealt with the matter. Non-academic disciplinary sanctions do not become part of a student's official record unless the student is suspended or dismissed from the University. In matters of student discipline, members of judicial committees ought not to receive details of charges in advance of the hearing. All evidence presented to the committee should be presented in the presence of all parties. Confidentiality must be respected as much as possible and all concerned must recognize the need for discretion. Students wishing assistance in the presentation or investigation of complaints may approach the Office of Student Life. If the student feels it necessary to make a complaint in confidence, that confidence must be respected, but it must be understood that a judicial committee can only proceed on the basis of evidence given in the presence of the parties.
The University Student Governance Committee will be a Standing Committee overseeing all aspects of student governance on campus. It will have legislative authority with regard to disciplinary matters that are non-academic, except those specifically reserved for Residential Committees. There will be three types of Judicial Committees: the University Judicial Committee, the Academic Judicial Committee, and the Residential Judicial Committees. The University Judicial Committee will deal with all disciplinary matters, with the exception of violations of House Rules specifically reserved for Residential Committees, and of academic matters reserved for the Academic Judicial Committee. The legislative body for the University Judicial Committee will be the University Student Governance Committee; the legislative body for the Academic Judicial Committee will be the Senate; and the legislative body for the Residential Judicial Committees will be the House Councils. All three types of Judicial Committees will have Appeals Committees.
1) University Student Governance Committee Terms of Reference: This Board Committee will establish policy on all disciplinary matters, except those specifically reserved for academic bodies and residential committees and councils; create appropriate regulations; rule on jurisdictional questions; and oversee and periodically review the effectiveness of the system. This Committee will receive notices of all proceedings and decisions of all non-academic legislative, judicial and appeals committees within the system. It will report annually to the Board through the President. Composition: The
Dean of Students (ex-officio), *Chair Operation: A quorum will consist of any six members. Non-student, non-ex-officio appointments will be for three year terms. Student terms will be for one year. 2) University Judicial Committee Terms of Reference: This Committee will hear all cases of non-academic infractions, except those specifically reserved for House Judicial Committees, and assign appropriate sanctions. Its decisions may be appealed to the University Appeals Committee. Composition: A
Chair jointly appointed by the President of the University and the President
of the S.A.C.
Operation: A quorum will consist of any four members. Non-student, non-ex-officio appointments will be for three year terms. Student terms will be for one year. This Committee will normally meet, at least, weekly. Four student alternates, appointed by the S.A.C. and one faculty alternate, appointed by the Senate, will be named to substitute on the Committee as necessary. Note: An alternate faculty or librarian member will be elected by the Senate and will serve when needed. Four student alternates will be nominated by the SAC and elected by the Senate and may be called to serve when needed. 3) Academic Judicial Committee Terms of Reference: This Committee will hear cases which involve major infractions of university academic policy and assign appropriate sanctions. It will receive hearing requests from students, instructors or other members of the University community and may grant a hearing regarding allegations of academic dishonesty (see section 6.13 of the University Calendar). Its decisions may be appealed to the Academic Appeals Committee. Composition: The
University Registrar (ex-officio),*Chair Operation: A quorum will consist of any four members. Non-student, non-ex-officio appointments will be for three year terms. Student terms will be for one year. 4) Residential Judicial Committees Terms of Reference: These
Committees will be established in each House including the off-campus
Composition: A
student Chair selected by the House Council prior to September 15th Operation: A quorum will consist of the Chair and three elected members, elected for one year. 5)
University Appeals Committee This Committee will be the final appeal body for all matters arising from decisions of the University Judicial Committee. The Committee may also serve occasionally as a Judicial Committee for cases of lying before the University Judicial Committee. Composition: The
President or his delegate (ex-officio),*Chair Operation: A quorum will consist of any four members. Appointments will be for two year terms, arranged to ensure continuity where possible. 6) Academic Appeals Committee Terms of Reference: This Committee will be the final appeal body for all matters arising from decisions of the Academic Judicial Committee Composition: The
Chair of the Senate,*Chair Operation: A quorum will consist of any four members. Appointments will be for two year terms, arranged to ensure continuity, where possible. 7) Residential Appeals Committees Terms of Reference: These Committees will be established in all Houses of more than 25 residents, and will be the final appeal body for all matters arising from decisions of the Residential Judicial Committees. Houses with fewer than 25 residents will select one appeals committee to hear appeals emanating from any of those smaller residences. Composition: A
student Chair selected by the Houses prior to September 15th Operation: A quorum will consist of the Chair and three elected members, elected for one year. 8) Summer Judicial Committee Terms of Reference: This
Committee will have jurisdiction over all non- academic disciplinary
matters Composition: A
Chair, normally the Chair of the immediately previous University Judicial
Committee, jointly
appointed by the President of the University and President of the S.A.C. Operation: A quorum will consist of 3 members including the student. * Note that according to the general guidelines passed by Faculty Council and Senate in the spring of 2002, ex-officio members may name a designate. F. Procedural Clarifications for the Committees and Individuals NOTE: The intention of the Governance Committee is that the student governance system not be unduly legalistic. The purpose of the system is to respond appropriately to unacceptable conduct and unacceptable attitudinal problems without being excessively concerned about technicality or relatively insignificant detail. 1. Eligibility for Membership on the Various Committees (a) There are two categories of committees; academic and non-academic. (b) No individual may be on a judicial and an appeals committee within the same category. (c) Any member involved in a case, as a witness, defendant or plaintiff will withdraw from the committee until such time as the case has been resolved. If a committee member is found guilty of an offence before the committee on which he/she would normally sit, the member shall withdraw from the committee for the remainder of the year and will not be eligible to be on the Committee in the year following that withdrawl. If a committee member is found guilty of an offence before another committee, then the committee on which he or she normally sits will review the status of the committee member and decide whether that member should remain or withdraw.
Any committee member who withdraws,
either permanently or temporarily, will be replaced
by the appropriate body as soon as possible. 2. Judicial Committees (a) Judicial committees are normally expected to meet within one week of the laying of a charge with the Chair of the committee. (b) The charge must be in writing and signed. (c) An option of automatic payment exists in certain University Judicial cases. If the plaintiff believes more than the minimum penalty is applicable or if the defendant wishes to contest the charge, a hearing of the University Judicial Committee will be arranged. The cases for which automatic payment is an option are:
Open
liquor - $80 3. Appeals (a) An appeal may be launched by a plaintiff or a defendant. (b) An appeal must be in writing, and specify the grounds on which the appeal is based.
(c) Except as noted in the next
sentence, an appeal is valid only if it has been filed with the
Chair of the appropriate committee within 72 hours of the rendering
of a judicial decision to the
defendant and the plaintiff.
(d) An Appeals Committee must
normally meet to hear an appeal within one week of the filing
of an appeal. The Appeals Committee may wish to consult with the Chair of the initial authority on issues raised in the letter of appeal before ruling on an appeal without necessarily conducting a full hearing. If the Appeals Committee agrees to the presence of any party at the meeting to consider the letter of appeal, normally only the appellant (and/or spokesperson) and the Chair of the initial authority will be present.
If a rehearing is deemed necessary
under the terms of (f) and (g) below, a time for that hearing
will be set so that it both occurs as soon as possible and allows for
adequate notice to all parties
including the appellant and witnesses on either side.
(g) If an appeal based on i), ii), v), or vii) in (f) immediately above is successful, the Appeals Committee should review the verdict and, as appropriate, impose, revise, or remove sanctions. A rehearing of the case by the Appeals Committee may be required. If an appeal based on any one of iii), iv) or vi) in (f) immediately above is successful, the Appeals Committee should send the case back to the initial authority for final decision unless one of the following conditions pertains:
i)
the delay would prejudice the defendant in some way; If an appeal is granted based on a finding in favour of the appellant on any combination of iii), iv), vi) and vii), the case will go back to the initial authority. (h) While an appeal is pending, suspension from access to academic services and facilities and fines will not be in effect until after the appeal decision has been made. Bans from non-academic facilities and services, residences and liquor events and dismissal from residence will be in effect until the decision on the appeal has been reached. (i) In cases in which the Appeals Committee rules that a rehearing by the Judicial Committee is necessary, the Chair of the Appeals Committee will notify both the appellant and the defendant that the result of the appeal is that there will be a rehearing by the Judicial Committee.
Consistent with the guidelines for committees issued by the Committee on Committees in 2002, for all committees within the Student Governance system, the Chair is a regular voting member. 5. Period Prior to the Beginning of Classes in September An individual, who is on campus during the period (normally approximately 10 days) prior to the beginning of classes, and who commits an offence under the student code of behaviour as outlined in this document, and who subsequently registers as a Mount Allison student in September of that year, will be deemed to fall under the jurisdiction of the University governance system. Such an individual will be subject to a hearing as soon as possible after the first day of classes. 6. Regularity of Committee Meetings If the regularity of meetings of a particular committee is not stipulated in this document, the committee meets at the call of the Chair. 7. Open and Closed Judicial and Appeals Meetings The decision on whether a hearing is open or closed rests with the Chair of the Committee. Normally the hearing will be closed if either the plaintiff or the defendant requests that it be closed. 8. Balanced Representation at University Judicial Hearings In cases serious enough that campus bans, residence expulsion or dismissal from University are likely outcomes, the University will endeavour, through the Dean of Students, to ensure that there is balance (either student/student or non-student/non-student, from the University community) between plaintiffs and defendants or spokespersons for plaintiffs and defendants. 9. Witnesses Plaintiffs and defendants may call witnesses. Witnesses must appear. It is the responsibility of plaintiffs and defendants to notify their own willing witnesses of the time and place of hearings. Plaintiffs and defendants must inform the secretary of the Judicial Committee by noon on the day preceding the hearing of the names of any unwilling witnesses so that a notice of hearing can be delivered to such witnesses. 10. Spokespersons Plaintiffs and defendants are entitled to be represented by a spokesperson. At the Judicial level, spokespersons must be members of the University community (i.e. students or current employees of the University). The SAC’s ombudsperson is one option. Lawyers who are not employees of the University are not permitted to represent students at the Judicial level. At the Appeals level, lawyers or other spokespersons are allowed. 11.
Students' responsibilities for visitors to campus 12.
Access to the Case Against a Defendant and to the Names of Plaintiff's
Witnesses 13. Normal procedures to hear cases of fighting at the University Judicial Committee In cases of fighting, each defendant’s case will be numbered separately but the evidence will normally be heard simultaneously with all defendants present in the room. Normally, charges in such cases will be worded “creating a disturbance by fighting and/or assault” so that if, for example, one party is more involved than the other, or if more than a disturbance is created, the Judicial Committee can convict for assault. The same procedure may apply in some other kinds of cases at the discretion of the University Judicial Committee. 14. Abuse of authority by a student acting in an official capacity Abuse of authority by a student acting in an official capacity is subject to employer discipline not to discipline by the University Judicial Committee. On the other hand, if a student employee is alleged to have committed an offence under this code (e.g. theft or assault), the student employee is subject to University Judicial discipline and may also, as a result, be subject to employee discipline. 15. Impact of decisions on academic transcripts. It should be noted that only suspension, dismissal and expulsion are entered on students’ academic records at the University. 16. Enforcement of sanctions. a) Fines and community service. The Chair of the Judicial or Appeals Committee, possibly through the secretary to the system, is responsible for ensuring that fines have been paid and community service completed. b) Campus bans or academic suspensions. Allegations of violation of campus bans or academic suspensions should be brought to the attention of the Dean of Students who will make the appropriate contacts to consider the alleged violation and appropriate action. 17. Availability of Forms for Judicial and Appeals Hearings Charge forms, witness subpoenas and notice of hearings forms, etc., are available from the Office of Student Life.
(i) Academic Discipline Academic Judicial Committee This committee will have jurisdiction over all major infractions of University academic policy referred to it by any member of the University community. Matters dealt with by this Committee include the deliberate misrepresentation of one’s own academic work or that of another; wilful or negligent damage to the academic work of another member of the University; submission of a single piece of work for credit for more than one course; interference with the academic processes of the University; any other form of cheating or plagiarism. (See University Calendar section 6:13.1 for complete list). Procedures are outlined in section 6:13.2 of the University Calendar and listed below:
6:13:2
Allegations of Academic Dishonesty
(ii) Non-Academic Discipline University Judicial Committee This Committee will have jurisdiction over non-academic disciplinary matters except those reserved specifically for the Committees listed below. All decisions should be reported to the Chair of the Student Governance Committee for information. Residential Judicial Committees These Committees will have jurisdiction over those matters that fall within the jurisdiction of House Councils. In addition, all decisions should be reported to the Chair of the University Student Governance Committee, for information, so that, if necessary, further action can be initiated against chronic offenders. Matters dealt with by this Committee include: Infraction of specific House rules (such as quiet hours, rules relating to guests, etc.); theft or damage of articles specifically owned by the House; infraction of rules with regard to the use of various areas within the building. Summer Judicial Committee This Committee will only deal with offences committed by students between the end of classes in the spring and the end of Convocation in the spring, and by students registered in Mount Allison summer and spring credit courses. All cases of proven infractions should be reported to the Chair of the University Judicial Committee, so that further action is possible in the case of multiple offences, and to the Chair of the University Student Governance Committee, for information. This Committee will not have jurisdiction over individuals registered in summer camps (e.g. Music and Athletic), or those registered in summer or immersion programmes. The Conference Office designates the sponsoring organizations as being responsible for the conduct of, and for damages and thefts incurred by, these groups. Individuals employed on campus or working on research projects under a particular department enjoy the privileges of being employees of the University. Employees who happen to live in a University residence for the summer enjoy a tenant relationship with the University through the Conference Office. Court proceedings are a possible resort for offences committed by members of the groups listed in this paragraph.
This code, like the Student Governance Document as a whole, refers only to students. Students who engage in misconduct on or off campus which adversely affects the interests of the University may be disciplined. Misconduct which will give the University cause to discipline a student includes but is not limited to the following:
I. Sanctions for the Judicial Committees (See also Appendix D) In laying sanctions, Judicial Committees (and Appeals Committees where applicable) should try to impose penalties that are and appear to be possible to apply to any individual student. 1.
University Judicial Committee 2.
Residential Judicial Committees 3. Academic Judicial Committee
Re responsibility for ensuring that sanctions are carried out, please see section F item 16 for further detail. J. Relationship Between the Student Governance System and University Officials (a) Residence Officials 1. The Housing Manager is responsible for administering those Conditions of Residence Accommodation as found in Appendix C. He/she is responsible for seeking restitution where applicable for damages as reported through the residence Dons and student staff. He/she should notify the Chair of the University Student Governance Committee of all billings for damages whether they are deemed accidental, negligent or deliberate. Like other members of the community, he/she may lay charges with the University Judicial Committee. Residences are responsible for damages which cannot be allocated to individual students. Similarly, organizations sponsoring events outside residence on campus are responsible for damages incurred at events agreed by contract when the event is booked. 2. The Residence Dons endeavour to foster an atmosphere within the residences which is conducive to the academic aims and overall philosophy of the University. Dons endeavour to create the highest possible quality of life in each residence by welcoming students in September, by getting to know each resident, by being available to help, counsel and refer students as necessary, by attempting to promote student interest in the running of student affairs in residence and by serving as a liaison between individuals, house councils, monitors and other offices within the University. As far as student conduct is concerned, Dons should inform students of their responsibilities within the system (as outlined in this document and in residence constitutions and by-laws). In the event of accidental damages to residential property, students and residence staff are expected to report incidents to the Housing Manager for repair and restitution. In the event of infractions of residence or University regulations, Monitors and individual residents are expected to investigate fully and report offences to the Don(s). Dons are expected to report offences to the appropriate Residence Judicial Committee or the University Judicial Committee. A Don may require any person, including a student living in his/her residence, to stay out of his/her residence temporarily. In the case of a non-student, he or she will refer the matter to the Director of Security. In the case of a student, he or she will either charge the student before the appropriate Judicial Committee or remove the restriction. In the case of a student, the Don’s temporary restriction will not normally extend beyond 24 hours in any one case. 3. Monitors work under the direction of the Dons and have the same responsibilities as Dons for their particular floor. Monitors may not impose sanctions against House residents unless there is a provision in the by-laws of the particular residence specifying the condition under which it is permissible and the amount of the penalty permissible. They are normally expected to bring appropriate charges to the University Judicial Committee or to the Residence Judicial Committee. 4. Security Officers - in residence. It is understood that Security Officers have specific locking and lighting responsibilities in University residences and academic buildings. Regular patrols of residence floors are made only when requested by the residence Don. The role of these Officers is to observe and to report, preferably to the Don, but, in the Don's absence, to the appropriate Monitor(s). Officers will be expected to intervene only in dangerous situations. (b)
Extra-Residential Officials 2. Campus Police work at student functions and endeavour to ensure that events proceed smoothly. In all cases of infractions of the code, Campus Police will file a report with the University Judicial Committee through the Director of Security. 3. The Sexual Harassment Advisor is responsible for the implementation of the sexual harassment policy which applies to all members of the University community through an on-going education process as well as providing a primary role in the resolution of allegations/complaints of sexual harassment as they arise. In the event that a student is named as a respondent in a complaint of sexual harassment, the procedures followed will be those outlined in the University policy to deal with sexual harassment. If it is deemed by the Sexual Harassment Advisor and the Administrative Officer with Authority (who, in student cases, is the Dean of Students) that disciplinary action is to be taken, such measures are subject to the relevant document which, in the case of students, is Policies and Procedures for Student Governance. Therefore, the University Judicial Committee will hear the complaint and make the appropriate disciplinary decisions. Appeals of decisions by that Committee will follow the normal appeals procedures outlined in the Policies and Procedures for Student Governance. 4. University Caterers. Residence students, who are required to purchase a University meal plan, and non-residence students who choose to use University dining facilities, are expected to abide by dining hall regulations( for example: dress code, tray return, no smoking) as outlined in the food service brochure. This brochure is available through the Office of the Director of Food Services and through the Office of the Housing Manager. The University Caterers have the authority to confiscate a student's meal card for the duration of one meal. The Caterers do not have the authority to ban a student from the dining hall for more than one meal. In the event that it becomes necessary, Security Officers may be called to deal with an otherwise uncontrollable situation. Food service employees are encouraged to bring offences to the attention of the University Judicial Committee through the Director of Food Services. 5. The Tantramarsh Club agrees, according to the terms of its lease with the University, to cooperate with the University in the enforcement of University sanctions which may include restrictions on visits to The Club. Employees of The Club may individually, or on behalf of The Club, refer complaints against students to the University Judicial Committee. The Club may withdraw the privileges of membership from any of its members, either temporarily or permanently, at any time. It is the responsibility of each student to become familiar with University regulations, House By-Laws, and the Conditions of Residence Accommodation. All students who move into a University residence and accept their keys agree to abide by the regulations as found in Appendix C, and to be subject to the system outlined in this document. The University reserves the right: (a)
to move students to other accommodation at any time during the year.
A resident in a double room which is only
partially occupied should expect to have a roommate assigned at anytime
during the year; The University is not responsible for loss, or damage to, or theft of, personal belongings in residences. Students are strongly advised to provide their own personal insurance A student living in residence will normally carry the course load of a full-time student unless this requirement is waived by the Dean of Students. The Housing Manager will have responsibility for administering the Conditions of Residence Accommodation as found in Appendix C, and will only have authority, where applicable, for obtaining restitution for costs incurred. GUIDELINES FOR NATURAL JUSTICE 1. The burden of proof in the Student Governance system is preponderance of evidence or balance of probabilities rather than “beyond a reasonable doubt”. The burden of proof will be measured by what is most likely to have happened or, as the Supreme Court of Canada indicated in the early 1940's, “the affirmative of an allegation is made out to the reasonable satisfaction of the tribunal”. 2. The judicial process should ensure as speedy a resolution of cases as is consistent with due process. 3. Each party must be given sufficient notice of the Judicial or Appeals hearing, in writing, to allow for preparation of the case (normally a mutually agreeable time within one week of the charge). 4. The accused must be informed of the allegations forming the basis of the charges against him/her. 5. The accused has the right to hear and to respond to evidence presented against him/her. 6. Each party may have a spokesperson who, at the level of the University Judicial Committee, shall be a member of the University community. Students are reminded of the existence of the SAC's ombudpersons who may act as spokespersons upon request. 7. A hearing should ensure that relevant facts are known and irrelevant facts discarded. 8. Both sides of the case have the right to be heard. 9. Evidence of things said by persons other than the witness should be received with utmost caution since the person alleged to have made the statement cannot be cross-examined, and since the Committee does not have the opportunity to judge the credibility of this person. 10. Evidence of guilt or innocence is to be heard, and the decision made, without reference to previous record. If guilt is determined, the previous record may be considered in determining the sanction. 11. At all levels of the judicial process, decisions must be given promptly in writing. Reasons for the decisions must be provided. 12. No one should sit on a case if he or she is biased in any way. In particular, no one should sit on both the Judicial Committee and on the Committee which hears appeals from that Judicial Committee.
APPENDIX B The Chair of the Committee which is hearing the case will be the sole determinant of the exact order of proceedings; what evidence shall be heard, and when; who shall be heard, and when; and, in general, the Chair will make alone or in consultation with other members of the Committee, any or all decisions regarding the procedure of the hearing. The goal of the hearing is to be as fair and just as possible to all concerned within the limits of the Chair's own common knowledge and common sense. Failure to follow these guidelines does not in itself affect the validity of any proceeding. 2. Preparation for the Proceedings The Committee will meet prior to the hearing to read the charges, and any and all applicable rules and regulations that might have any bearing on the case; and decide if the case is to be heard. The Committee will then determine whether the charges or reports have been filed correctly, and whether correct notices of a hearing have been given to the plaintiff, the defendant and the Chair of the Student Governance Committee. The Committee will ensure that a convenient time and place for the hearing have been arranged and that arrangements have been made for proper recording of the proceedings. 3. The Hearing itself (a) Preliminary Considerations
(b) The Case
(c) The Decision
(d) Adjournment
MOUNT ALLISON UNIVERSITY In
order to ensure an environment which is conducive to learning, to aid
in personal growth and development and to protect the safety and security
of the residence community, the following rules, regulations and standards
have been developed. All students agree to abide by and obey these requirements
as a condition of entering into and continuing participation in Mount
Allison’s residence community and will be expected to acknowledge
them before being issued residence keys. September
entry: Residences open to first-year students after 10:00 am
on Thursday, September 2, 2004 and to returning students after 10:00
am on Saturday, September 4, 2004. 2. Room Assignments and Changes:
3. Financial Obligations: Deposits:
Please refer to the Academic Calendar, section 4. 4. Withdrawal from Residence / Meal Plan:
5. Rules and Regulations: a.
Students may not paint or alter the nature of their room or furnishings
or remove furnishings
from their room, nor paint or alter the nature of common areas or common
furnishings or
remove these furnishings from the assigned common area, without prior
consent from the
Housing and Conference Services Manager. 6. Damages, Losses and Messes:
7. Other:
POLICIES AND PROCEDURES FOR STUDENT GOVERNANCE SUMMARY
(This summary is circulated to all students in their information packages in September) [The complete document Policies and Procedures for Student Governance may be obtained from the Dean of Students, the Students' Administrative Council, Residence Dons, and the Library. House Constitutions and By-Laws may be obtained from the applicable House Council. Conditions of Residence Accommodations are given to all residence students who sign to agree to abide by the conditions when they accept a residence key. Copies of Policies and Procedures with Respect to Sexual Harassment and Sexual Assault may be obtained from the Sexual Harassment Advisor and the Dean of Students.] All students admitted to the University agree to abide by, and be subject to, the regulations as outlined in this (Policies and Procedures for Student Governance) document. The University reserves the right to suspend or dismiss any student for infractions of the regulations. Neither the University nor any of its regents or officers shall be under any liability whatsoever because of such action. [University Calendar section 10:14.11] In May 1989, the Board of Regents approved the document Policies and Procedures for Student Governance to which all students are now subject. The Student Governance System at Mount Allison seeks to encourage the individual growth of each student through development of personal values and integrity. All students participate by being considerate of the needs of others, and by involving themselves in this system to ensure its effective operation. Academic and social privileges at Mount Allison depend upon students meeting their responsibilities to others in the community.
The governance structure seeks to: 2) foster within the campus community an atmosphere conducive to scholarship and the academic aims of the university; 3) preserve the interests of the wider university community. Students' involvement in their governance is similar to, and a part of, their responsibilities as members of the larger society of which the University is a part. Please see Appendix E of the Policies and Procedures for Student Governance for more information.
The University will refer appropriate cases to the police or other authorities
for investigation and prosecution. The University will inform complainants
of their right to refer cases to the police and will assist complainants
in making such referrals. Also, the University will cooperate with the
police when they wish to conduct an investigation on campus. The University has, of course, its own interests to protect when laws are broken. As a result, the University may take action in cases, whether or not the police or other authorities have taken action.
The Mount Allison system involves three categories of committees: b) Residence Judicial and Appeals Committees which hear allegations of offences (e.g., quiet hours, theft of House owned property) specifically reserved to residences; and c) University Judicial and Appeals Committees which hear cases of non-academic offences that include theft or damage of University property, misuse of keys and fire equipment, unlicensed parties, assault and illegal drug offences. Some examples of cases heard by the University Judicial Committee are listed on the following pages with minimum penalties to be in effect for 2003-2004. The examples and minimum penalties shown should be read in the context of these points:
Sections in shaded type are changes in 2004-2005 (These are only examples and only minimum penalties - other charges may be laid for which the Judicial Committee will decide equivalency and the penalties may be higher than the minimum listed.)
NOTES:
ALCOHOL & DRUGS AND YOU AT MOUNT ALLISON Did you know that substance abuse - especially of alcohol - is the single greatest threat to the quality of campus life? (Carnegie Foundation for the Advancement of Teaching, 1990). Research shows that alcohol is related to the vast majority of disciplinary charges, damages, and physical and sexual assaults that occur on university campuses. Did you also know that developing a pattern of regular drug or alcohol use while you are young greatly increases your chances of moving to serious levels of abuse within ONE to FOUR YEARS? Think of what that would do to the plans and goals you have now, as you enter university. Knowing these facts, and in keeping with our mission statement to promote healthy development of the whole person, Mount Allison University has established firm, realistic expectations for students. University resources are also allocated for students experiencing difficulties. Please contact Student Life if you have questions or would like help of any kind. You will be held responsible for your conduct. To prevent any misunderstanding about the laws and regulations concerning drugs and alcohol at Mount Allison, you are urged to read carefully the points stated here.
Use of illegal drugs on our campus is forbidden. The minimum penalty for use of illegal drugs on campus is a $200 fine and immediate suspension from all non-academic activities on campus for three (3) months. Mount Allison also has a firm policy with respect to the use of banned substances related to athletic performance. Student athletes are expected to abide by the University's policy, to refrain from using banned substances, to refrain from encouraging others to use banned substances, and to submit to annual testing. Copies of the full policy are available from the Director of Mount Allison Physical Recreation and Athletics.
You should be aware of the following 11 points: 1. The age at which it is legal to consume alcohol (in New Brunswick and at Mount Allison University) is 19. At the University you may be charged with drinking when under the legal age. If you come from a province or country where the legal age is different or non-existent then you must be aware of this when you make your party plans. The University’s liquor license allows for underage students to be at “wet/dry events” in which students 19 or over may drink alcohol (wet) and under 19 may not (dry). Be aware that at some student events, alcoholic drinks are served in a cup of one colour while non-alcoholic drinks are served in a cup of a different colour. It is an offence to be drinking from the wrong coloured cup if you are underage or if you have had your hand stamped as a non-liquor drinker. 2. It is an offence to supply alcohol to anyone under the age of 19. Providing alcohol to someone under the legal drinking age is a charge which is considered even more serious than drinking while under age. 3. It is an offence for anyone at all to have open liquor anywhere on campus outside residence rooms except for individuals 19 and over who are at officially licensed events. If you have open liquor anywhere on campus outside residence, except during officially licensed events such as semi-formal dances, you can expect to be charged before the University Judicial Committee. If you have open liquor in residence outside your room, at any time other than during an officially permitted party, you are normally subject to a charge before the House Judicial Committee. Note that while alcohol policy is generally uniform from residence to residence, you will find that interpretation of what constitutes open liquor in residence does vary somewhat from one residence to another. You are responsible for knowing the standards of each residence you visit just as you are responsible for knowing about differences in provincial regulations when you travel across Canada. 4. What constitutes open liquor? ...open liquor is, for example: a cup with alcohol in it, an open bottle of beer, wine, liquor, an open case of beer even if the bottles of beer are all capped, loose bottles in your knapsack or pockets, a flat of canned beer in which any can has been removed from the plastic rings. For open liquor outside of residence, it doesn’t matter whether you are charged with possession of open liquor by the local police or brought before the University Judicial Committee, the result is the same: your mistake will cost you. You may be charged if you are transporting liquor across campus or if you leave a licensed area with an unfinished drink or for drinking in the hallway of your university residence during a time when an official floor party permit has not been authorized. Within the residence system, each residence on campus has its own interpretation of rules concerning open liquor. Some may require that you cover a drink in transit between rooms, others may require you to pour bottled beverages into cups and still others may allow you to walk across the hall with a drink. To avoid being charged, learn what open liquor means in your residence and be aware that what is deemed acceptable in your residence may not be so in another residence. 5.
Transport of Alcohol from Liquor Store (A) to Residence (B)
to Another Location (C): 6. Bar Services is the only organization permitted to sell alcohol on campus, except of course, for the Pub. 7. It is an offence to take alcohol into a licensed event at which Bar Services or the Tantramarsh Pub is selling alcohol. 8. Campus Police and other University officials (including Campus Security and Residence Staff) have the right to search for and seize unauthorized alcohol (e.g. alcohol in an unlicensed area or in the possession of a minor). University officials also have the right to ask you to present a University student identification card. If you refuse to present student identification, a university official has the right to search you for that student identification. You should be aware that refusing to comply with any reasonable request of a university official is in itself an offence. For this reason it is suggested that you carry your student I.D. card at all times. 9. It is each student’s responsibility to have an ID card with a photo taken within the first two weeks of any year which follows a year in which the student was not a Mount Allison student. 10. It is your responsibility to bring your I.D. card to all campus events. If you arrive at a campus event without your I.D., even if you are 19 or over, you will be stamped non-liquor and will be charged if caught with liquor. 11. Ignorance of Mount Allison and New Brunswick liquor laws is not an excuse for disobeying them.
Appendix
E
Guidelines on Reporting Melody
Petlock, Sexual Harassment Advisor; David Stewart, Vice-President (Administration);
Charlie Hunter, Dean of Students, Mike Fox, Vice-President Academic,
Wayne MacKay, President, Mount Allison, and Mike O'Malley, Operations
N.C.O., and Ken Babin, RCMP. (1) Purpose The purpose of this document is to define appropriate liaison between the University and the RCMP as both strive to ensure a safe environment in which students can pursue their undergraduate education. The document recognises the obligation of the University to deal with incidents concerning its students and also the circumstances in which these incidents will be reported to the police. The University assumes that the RCMP will, in the spirit of appropriate mutual collaboration, also notify the University of incidents of which the University may not be aware and about which the University should reasonably know. This document also recognizes that Mount Allison’s Personal Counsellors, the Chaplain and the Nurse/Educator are professionals whose practice is governed by their respective professional associations’ codes of ethics. These codes of ethics outline their responsibility to balance the need to protect client confidentiality with the duty to inform and/or warn. Nothing in this policy is intended to require Mount Allison's Personal Counsellors, the Chaplain and the Nurse/Educator to do anything that is inconsistent with those codes. As such, the Counsellors, the Nurse/Educator and the Chaplain will report incidents within the guidelines identified in their professional codes of ethics. Relevant sections of the various professional associations' codes of ethics are attached. Furthermore, this document recognizes the professional status of the University’s Sexual Harassment Advisor. It is understood that Mount Allison's Policies and Procedures With Respect To Sexual Harassment state expectations of the Sexual Harassment Advisor related to confidentiality. Relevant sections of that policy are attached. This document notes also that where there are legal obligations to report, including but not necessarily limited to cases of child abuse. These supercede the professional codes of ethics or policies of Mount Allison University. For the purpose of this document, the duties of the Dean of Students, will, in his absence be fulfilled by a Vice-President.
The University’s Policies and Procedures for Student Governance
provide that:
The University's Policies and Procedures With Respect to Sexual Harassment & Sexual Assault provide a) that it is the responsibility of the Sexual Harassment Advisor to assist any member of the University community to report to the police any allegation of sexual harassment, including sexual assault, which may amount to a criminal offence, and b) to require written confirmation if such person does not want the matter reported to the police. The Personal Counsellors, the Nurse/Educator and the Chaplain will offer to assist students with reporting according to their codes of ethics. Also, the Dean of Students will make every effort to encourage students to report and assist students in reporting other similarly serious offences to the police. 4 Situations in which the University will routinely provide names and detailed information to the RCMP i) If a student has been the victim of a) a sexual harassment that may amount to a criminal offence including any sexual assault; b) criminal harassment (stalking) or c) assault causing bodily harm, the Dean of Students will report the matter to the RCMP if there is evident danger to anyone if the matter is not reported. 2. Even if there has been no previous incident, if the Dean of Students becomes aware of evident danger to a student of any kind including a) a sexual harassment that may amount to a criminal offence, including any sexual assault; b) criminal harassment (stalking); c) assault causing bodily harm; or d) assault in a domestic relationship of some duration (because there is a documented phenomenon of an escalation of violence in domestic relationships), the Dean of Students will report the matter to the RCMP. This reporting will occur whether or not the victim wants the matter reported to the RCMP. If information is provided to the RCMP by the Dean of Students against the will of the victim, the reasons for and the timing of the reporting will be explained to the victim as early as is reasonably possible. 5 Cases which are not reported to the RCMP as provided above will nevertheless be reported to the RCMP as follows: 3. On a quarterly basis the Dean of Students will provide the RCMP with a summary of the cases that have gone before the University’s Judicial Committee, without supplying the names of complainants, respondents, or witnesses or details which could be used to identify these persons. 4. If the Dean of Students is aware of a sexual assault, an assault causing bodily harm or criminal harassment which was not reported to the police under any section above, for example, because the victim did not want it reported to the police and because there is not evident danger to anyone if the matter is not reported, the Dean of Students will nevertheless inform the RCMP when he becomes aware of the incident without the names of the complainant, potential respondent and potential witnesses being supplied. 5. The purpose of the reporting under this section is to provide the RCMP with the opportunity to make a case that details should be supplied to them. Please note: there is an addendum to this document which includes the relevant excerpts from the professional codes of ethics of Mount Allison's Personal Counsellors, Nurse/Educator and Chaplain and excerpts from the University's Policies and Procedures With Respect to Sexual Harassment and Assault relevant to the role of the Sexual Harassment Advisor. These excerpts are not included here, for the sake of brevity, but are available through the Office of Student Life. Addendum
A (to
the Guidelines on Reporting Incidents of Physical or Sexual Assault
or Criminal Harassment to the RCMP)
The Guidelines for College and University Counselling Centres (Canadian University and College Counselling Association, 1992) state that: (a)
Counselling services should be autonomous units, serving the entire
student body. The Canadian Counsellors Association Code of Ethics states: (d)
Counsellors have a primary responsibility to respect the integrity and
promote the welfare of their clients. They work collaboratively with
clients to devise integrated, individual counselling plans that offer
reasonable promise of success and are consistent with the abilities
and circumstances of the client. The Canadian Psychological Association Code of Ethics states: (g)
Except as required or justified by law, or in circumstances of actual
or possible serious physical harm or death, [counsellors] share confidential
information with others only with the informed consent of those involved
or if the individuals involved cannot be identified. Excerpt
from the Code of Ethics of the Canadian Association of Social Workers
(1994) 5.25 A social worker shall disclose information acquired from one client to a member of the client's family where (a) the information involves a threat of harm to self or others (b) the information was acquired from a child of tender years and the social worker determines that its disclosure is in the best interest of the child. 5.26 A social worker may release confidential information acquired from a client to a person or a police officer where the information involves a threat of harm to that person.
The
Registered Nurse/Educator adheres to the Canadian Nurses' Association's
Code of Ethics for Registered Nurses. The section below concerning
confidentiality has been taken from the CNA Code of Ethics for Registered
Nurses (September, 2002). 1. Nurses must respect the right of each person to informational privacy, that is the individual’s control over the use, access, disclosure and collection of their information. 2. Nurses must advocate for persons requesting access to their health record subject to legal requirements. 3. Nurses must protect the confidentiality of all information gained in the context of the professional relationship, and practice within relevant laws governing privacy and confidentiality of personal health information. 4. Nurses must intervene if other participants in the health care delivery system fail to maintain their duty of confidentiality. 5. Nurses must disclose a person’s health information only as authorized by that person, unless there is substantial risk of serious harm to the person or to other persons or a legal obligation to disclose. Where disclosure is warranted, information provided must be limited to the minimum amount of information necessary to accomplish the purpose for which it has been disclosed. Further the number of people informed must be restricted to the minimum necessary.6. Nurses should inform the persons in their care that their health information will be shared with the health care team for the purposes of providing care. In some circumstances nurses are legally required to disclose confidential information without consent. When this occurs nurses should attempt to inform individuals about what information will be disclosed, to whom and for what reason (s). 7. When nurses are required to disclose health information about persons, with or without the person’s informed consent, they must do so in ways that do not stigmatize individuals, families or communities. They must provide information in a way that minimizes identification as much as possible. 8. Nurses must advocate for and respect policies and safeguards to protect and preserve the person’s privacy
(Excerpts from Mount Allison University’s Policies and Procedures With Respect to Sexual Harassment and Sexual Assault) PART 3 - POLICY STATEMENTS SEXUAL HARASSMENT WILL NOT BE TOLERATED Sexual harassment will not be tolerated in the Mount Allison community, whether the sexual harassment is committed by members of the community or by visitors to the community. CORRECTIVE ACTION WILL BE TAKEN Where there is reason to believe there has been an incident of sexual harassment, an investigation will be conducted whether there has been a complaint or not. When such investigation finds that there has been an incident of sexual harassment, the University will take corrective action. THE RIGHT OF ACCESS TO OTHER REMEDIES WILL BE RESPECTED The University respects the right of all persons affected by this policy to seek remedies such as grievances, human rights complaints and criminal charges whether the remedies provided by this policy are sought or not. PRIVACY WILL BE RESPECTED An individual will be given the opportunity to reply to any complaint made against him or her under this policy before any decision adverse to the individual’s interest is reached on the complaint. PART 5 - SEXUAL HARASSMENT ADVISOR The Sexual Harassment Advisor shall (i) promote among members of the University community an awareness and understanding of and a sensitivity to the issue of sexual harassment and in particular conduct an education session each year for incoming students; (ii) receive inquiries and complaints relating to sexual harassment; (iii) advise, orally and in writing, those who allege they have been sexually harassed of counselling resources available to them on or off campus, and assist them in finding counselling; (iv) advise, orally and in writing, those who allege they have been sexually harassed of options available to them for dealing with their complaints, including in appropriate cases the options of direct communication with the person whose behaviour is objectionable, mediation, discipline, grievance, human rights complaint, civil action or criminal action; (v) advise, orally and in writing, those who allege they have been sexually harassed of the possibility that their residence, academic and work environments may be altered while their complaints are handled; (vi) offer, orally and in writing, to assist any member of the University community to report to the police any allegation of sexual harassment which may amount to a criminal offence, and require written confirmation if such person does not want the matter reported to the police; (vii) inform respondents and complainants, orally and in writing, that while the mediator will not release any information given to him or her in confidence, some external authorities such as courts of law might have the authority to require the release of that information; (viii) provide advice and assistance concerning the application of this document to complainants and to respondents; (ix) advise administrative officers with authority in the investigation of complaints of sexual harassment; and (x) keep complainants and respondents informed regularly and in writing of the status of any proceedings under this policy.
The Sexual Harassment Advisor, administrative officers with authority, mediators, the University Judicial Committee, and those handling appeals will ensure that all information contained in case files is kept confidential except a) when information must be released to the respondent to give him or her the opportunity to respond to a complaint, b) when the information must be released for the purposes of dealing with an alleged commission of an offence under this policy, although no information given to a mediator by a complainant or respondent in confidence will be used for any such purpose, c) when information is placed in a complainant's or respondent’s personal file to support or record disciplinary action taken against him or her in respect to sexual harassment or, in the case of the respondent, to record the details of a settlement where the respondent admits responsibility for sexual harassment, although it should be noted by students that this would happen to their academic files only if the disciplinary action taken against them were a suspension or dismissal from the University because of the commission of an offence under this policy, or d) when information must be released by requirement of law.
The Baptist code of professional ethics regarding confidentiality states simply that the minister (or in this case Chaplain) "shall hold as sacred all confidences". This presumes first that all conversations with the Chaplain are confidential and that there is to be no sharing of information without the consent of the person seeking counsel. This has two exceptions, as per an understanding within the Baptist denomination and policy in the United Church: confidentiality will not include those instances where the information heard confidentially is a report of child or elder abuse, or where the information discloses a clear and imminent threat of harm to self or others.
On behalf of the R.C.M.P., I would like to welcome you to Sackville. Many students participation and involvement in volunteer activities greatly adds to and enriches the community. Undoubtedly, students want to be recognized as responsible and mature adults. To receive respect and recognition, that same courtesy must be extended to fellow citizens, neighbours and students. Recently, Sackville residents have raised concerns regarding student behaviour in their neighbourhoods. In the past, complaints have been received of disorderly conduct by fighting in the street, urinating in public, damaging property; being intoxicated in public; disturbing the peace by yelling and swearing; open liquor in public, discarding / breaking bottles on the streets, sidewalks, private property; trespassing and being confrontational with property owners when asked to leave. Individuals are responsible for their own actions. Tenants of apartments, off-campus housing, and Dorms, can be held liable for the actions of their guests. It is everyone's responsibility to ensure that social events will not disturb the neighbours. I would like you to consider the results your actions. If they can offend someone or violate someone else's rights, you must reconsider and act responsibly. Some of the above acts may lead to charges under the Criminal Code of Canada and result in a Criminal Record. This could hinder future career aspirations. For example, who would hire a teacher who was convicted of an Indecent Act (Urinating in Public) or Impaired Driving? Other offences could result in fines. I’m sure you will agree that the money would be better spent on tuition, books, lodging, and travel during home the holiday seasons. To those students that are here to make a difference in their lives and get involved in the community, we thank you for your efforts. The citizens of Sackville have recognized the great community involvement of the majority of students and the benefits it brings. To
those students who choose to act inappropriately, please consider the
consequences to you AND your neighbours. I encourage all students to
take the time to research what is and is not acceptable in the town
of Sackville, especially in regards to local By-Laws. If you have any
questions, please do not hesitate to approach any police officer, including
myself, and ask questions. Our intention is to work closely with Mount Allison SAC, the Administration and the community to ensure safe, enjoyable and positive experiences are shared by the university students and residents of Sackville. Wishing you every success in your endeavours while studying at Mount Allison. Corporal
Ken Babin, |
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Maintained by Student Life May 11, 2006 |