Student Code of Non-Academic Conduct Procedures
1. Purpose
- The purpose of these procedures is to establish the process that will be followed to resolve, informally or formally, a Complaint of Student Misconduct.
2. Definitions
- Appellant
means a Student who has received a disciplinary measure under the Code and appeals that decision as per Section 3.8 of the Procedures outlined below. - Formal Investigation
means a Formal Investigation process, whether conducted by the Student Success Team (SST) or by an internal or external Investigator, to determine what occurred. - Informal Resolution
means the process whereby the College and Respondent intend to resolve the matter through a written Resolution Agreement. - Investigator
means the person responsible for conducting the Formal Investigation, typically a member of the student success team assigned by AD SAS or CDP. - Investigator’s Report
means the written report from the Investigator setting out the process that they followed in the Formal Investigation and their findings of fact. - Preliminary Review
means a review of a Complaint of alleged Misconduct as described in Section 3.3. - Procedural Fairness
means that the University shall deal with all alleged Misconduct in a fair, unbiased, and timely manner. Procedural Fairness is described in Section 9 of the Policy. - Resolution Agreement
means a written agreement between the Respondent and the College whereby the Respondent agrees to the terms and conditions to resolve the matter without recourse to Formal Investigation or discipline. This is considered a non-disciplinary Informal Resolution; the agreement is confidential and held in the students’ file. - Student Success Team (SST)
means a member of the Student Success Team, which is inclusive of Student Success or Experience Advisors, Student Success Coordinators, and/or the Student Success Manager. - Working Days
means all weekdays, excluding statutory holidays as indicated on the Toronto Metropolitan University International College website Important Dates page.
3. Procedures
- The role of the Student Success Team (SST) includes but is not limited to:
- receiving Complaints of alleged Student Misconduct
- recommending to the Associate Director, Student & Academic Success regarding interim measures;
- undertaking a Preliminary Review and, when appropriate, resolving Complaints informally by means of a Resolution Agreement;
- investigating to provide a report outlining findings of fact for the Investigator or Associate Director, Student & Academic Success to decide if there was a breach of the Policy;
- tracking open cases of alleged Student Misconduct; and
- tracking cases that are resolved with conditions placed on the Respondent.
- Making a Complaint of Student Misconduct to the College
- Complaints related to safety, security, and other urgent matters should be made to Community Safety and Security, who will respond to ensure the safety and security of members of the community. Community Safety and Security will document the incident (i.e. the “Incident Report”), including their observations and any other relevant circumstances.
- Complaints related to Student Misconduct should be made to the SST as soon as possible after the alleged Misconduct occurs and, normally, within four (4) months of the incident having occurred. In cases where no Complaint has been brought forward, the College may act as the Complainant. A member of the SST will conduct a Preliminary Review of the Complaint.
- The SST may receive Complaints outside of the four-month limitation period but will undertake a Preliminary Review (see Section 3.3) to assess its ability to proceed, which may include considerations relating to the availability of witnesses and evidence.
- Preliminary Review
- The Student Success Team (SST), based on available information, may reject a Complaint on the grounds that:
- the Complaint lies outside the scope and jurisdiction of the Policy;
- the Complaint is false, vexatious, trivial, or repetitious;
- the alleged Misconduct is minor and does not require corrective action; or
- an investigation is unlikely to find facts that would result in disciplinary action.
- In such circumstances, the SST will communicate its decision in writing to the Complainant with reasons for the decision. All written responses are to be relayed to the complainant within 10 business days barring extenuating circumstances.
- The Complainant will not necessarily be identified to the Respondent during a Preliminary Review.
- If the SST determines through a Preliminary Review that a Complaint should proceed, the SST will, inform the Associate Director, Student & Academic Success for the case to be assigned to an Investigator. Whenever possible, and appropriate, the SST will attempt to address the Respondent’s conduct using Informal Resolution and a Resolution Agreement.
- The Student Success Team (SST), based on available information, may reject a Complaint on the grounds that:
- Interim Measures
- The Associate Director, Student & Academic Success may impose interim measures, as outlined in Policy Section 5.3, while an alleged incident of Misconduct is being resolved, investigated, or decided. Such measures will be precautionary and are expressly not disciplinary. Interim measures will be reassessed on a weekly basis and the parties involved will be notified of any changes to interim measures as soon as possible.
- Informal Resolution
- If the SST believes that Student Misconduct has occurred, the SST may discuss the matter with the Respondent to determine possible steps the Respondent could take to correct or resolve the issue. The SST may refer the Respondent to College, University and/or community-based support services.
- A Respondent may be accompanied by a support person of their choice to the Informal Resolution meeting(s).
- If the Complaint is not resolved by Informal Resolution within the 10 business days of the preliminary review, barring extenuating circumstances, the matter may proceed to Formal Investigation.
- If the Respondent agrees to the resolution proposed by the SST, the SST will prepare a written Resolution Agreement outlining action to be taken by the Respondent, which the Respondent will sign.
- If the Respondent fails to adhere with any aspect of the Resolution Agreement, the case will proceed to the Formal Investigation.
- Formal Investigation
- When a Resolution Agreement is deemed not an appropriate course of action, was breached or could not be reached, the SST shall inform the Associate Director, Student & Academic Success who will initiate a Formal Investigation to obtain all information necessary to decide if there was a breach of the Policy.
- The Associate Director will notify the Complainant and Respondent in writing that a Formal Investigation is being initiated.
- A Complainant or Respondent may be accompanied by a support person of their choice to the Formal Investigation meeting(s).
- If criminal, civil, or administrative proceedings are commenced regarding allegations of Misconduct, the College reserves the right to proceed with, defer, or suspend its own processes. Where practical, the College will discuss its intentions with the Complainant before making its decision.
- The Associate Director, Student and Academic Success will take the following students in the formal investigation:
- interview whomever they determine might have relevant information and who is willing to participate in the process. They may request one or more interviews with the Complainant and Respondent and will consider any evidence they decide is relevant for the Investigation Report.
- If the Complainant or Respondent refuses to cooperate with the Formal Investigation, the Associate Director may proceed with the Formal Investigation without the Complainant or Respondent.
- Upon conclusion of the Formal Investigation, complete the Investigator’s Report, which will include the findings of facts in the case, disputed and undisputed.
- In their capacity as an Investigator will decide whether, on a balance of probabilities, there was a breach of the Policy.
- If there was no breach of the Policy, they will dismiss the Complaint.
- If there was a breach of the Policy, they may impose one or more of the Disciplinary Measures set out in the Policy.
- The Formal Investigation will normally be completed within 10 business days.
- In deciding upon the appropriate response to a finding of a breach of the Policy, consideration must be given to the Principles in Section 1.0 of the Policy and to the following factors:
- the extent of the Misconduct;
- the impact of the Misconduct on members of the community;
- the inadvertent or the deliberate nature of the Misconduct;
- if it is an isolated incident or part of repeated acts of Misconduct; and
- any other mitigating or aggravating circumstances.
- The Respondent will receive the outcome in writing including:
- their decision, with reasons, as to whether there was a breach of the Policy;
- the Disciplinary Measures imposed, if any; and
- notice that the Respondent has the right to appeal the decision and the Disciplinary Measures, where to direct the appeal, and the time limit and process for bringing an appeal.
- The student will, where appropriate, be provided a copy of the decision, including any Disciplinary Measures to any relevant academic or administrative departments of the College or University.
- Upon request, the Complainant will be provided a written decision outlining the outcome of their Complaint.
- Appealing a Decision
- Refer to the Non-Academic Grievance Policy (Policy 5) for how the process shall be carried out.
- Students who require assistance understanding this policy, its scope and procedures may contact an TMUIC Student Success Advisor for support.