Student Community Standards

1. INTRODUCTION

As part of the University community, all students and student groups are expected to maintain a high standard of community behaviour in their on-campus, extracurricular, and academic pursuits. The Student Code of Community Standards and Accountability (the Code) and related policies (see section 1.4) detail these expectations and provide information on processes to address student behaviour.

1.1.    Purpose

The primary objective of the Code is to be a guideline for appropriate behaviour in a diverse educational environment. Where possible and appropriate, education and provision of support services shall be used to attempt informal resolution of a matter before proceeding to formal disciplinary procedures.

1.2.    Scope

This Code applies to non-academic student behaviour that occurs:

• On property owned or leased by the University.
• At any municipal facility included in agreements between the Town of Sackville and Mount Allison.
• During a university-sanctioned activity that takes place off-campus (i.e. an event that is funded and/or approved by Mount Allison);
• When a student is acting as a delegate or designated representative of the University and/or a student group.
• When using electronic communications under the name of Mount Allison University or using technology managed by the University.
• When using social networking sites. 

This Code may also be invoked in response to a student’s off-campus behaviour that may threaten the safety and security of another University community member while on campus or participating in a university sanctioned, off-campus activity.
 
1.3.    Oversight Responsibilities

Student Affairs oversees the Code as it relates to non-academic matters, and, in collaboration with other university staff as appropriate, will review complaints and respond according to the procedures set out in this Code.

1.4.    Related Policies

The following are governed by policies, processes, or regulations and disciplinary procedures separate from this policy. Normally the areas listed below act independently of one another, however, in some circumstances, more than one of these policies may apply.

• Academic Integrity Policy (Policy 5500)
• Sexual Violence Prevention and Response Policy (Policy 1006)
• Residence Life Code of Conduct 
• Alcohol, Substance Use, and Harm Reduction Policy (Policy 4000)
• Anti-Racism Education and Response Policy (Policy 1010)
• No-Smoking Policy (Policy 2100)
• Personal Information Protection Policy (PIPEDA) (Policy 2200)

2. APPLICATION OF THE CODE

This Code applies to non-academic student behaviour. All references to "student" include students and student groups of Mount Allison University.

2.1.    Guests

Students who host guests are responsible for the conduct of their guests. A guest is a non-student whose presence on campus or at a university-sanctioned event is due to an association with the student-host. In the event of an infraction under this Code, both the host and the guest may be subject to sanctions.

2.2.    Employees

For individuals who are both students and employees of the University, Student Affairs will consult with the appropriate offices to determine whether the conflict or incident in question falls into the purview of the Student Code of Conduct.

2.3.    Jurisdiction

The University reserves the right to:

• determine whether a matter should be addressed under the Code.
• take necessary and appropriate action to protect the safety and welfare of individuals on campus or the campus community as a whole notwithstanding this Code.
• use information provided by external agencies such as the police or the courts.
• determine whether behavioural restrictions should be put in place regardless of the location of the incident or the actions of external agencies such as the police or the courts.
• invoke, in place of or in addition to its own procedures, civil, criminal, or other remedies which may be available to it as a matter of law. 
• initiate the Code against a student who is subject to legal proceedings under the Criminal Code of Canada. Action under the Code may be carried out prior to, simultaneous with, or following civil or criminal proceedings.

3. STUDENT RIGHTS AND RESPONSIBILITIES

Wherever it is possible and appropriate to do so, administrators of this Code will seek to employ positive interventions, restorative justice practices, and educative outcomes.  In the context of this Code, restorative justice is a process for resolving an incident by focusing on redressing the harm caused, holding offenders accountable for their actions and, as often as possible, engaging the community in the resolution of the incident and identified "harm."

3.1.    Student Rights

All students have the right to:

• academic pursuit at Mount Allison, with all the access and privileges it affords to those in good standing.
• participate fully in university life without the fear or threat of harassment, intimidation, stalking, bullying, coercion, discrimination, or acts of violence.
• an educational and on-campus residential environment that is safe, respectful, and conducive to learning.
• natural justice under this Code (see Appendix A).
• privacy of personal information as per university policies.
• the freedoms of opinion, expression, belief, and association to the extent that these freedoms do not interfere with the rights of others or violate other University policies and procedures.
• peaceful assembly and participation in demonstrations within the University provided that such actions do not violate the fundamental rights of other members of the University Community, breach the fundamental responsibilities of the student as outlined in this Code, and/or breach other University policy or the law.
• to consume alcohol and/or other substances, if they so choose, insofar as this is in accordance with provincial laws, and with due regard for their personal safety and the well-being of others (see policies 4000 – Alcohol, substance use and harm reduction and 7602 – Liquor Control Policy).
• have a support person accompanying them during the implementation of the Code.

3.2.    Student Responsibilities

All students and their guests have the responsibility to:

• behave in such a way as to make Mount Allison a safe, respectful, and inclusive place to live, work, and study. 
• uphold an atmosphere of honesty, equity, and respect for others, consistent with the value that the University places on diversity in our community.
• be fully acquainted with and adhere to university policies, procedures, and rules.
• protect the health and safety of themselves and others through vigilance to any safety equipment and procedures.
• maintain a safe and secure campus community by refraining from unauthorized entry to university premises and unauthorized possession of university property. 
• respect the privacy of personal information of all members of the community.
• maintain integrity in one’s interactions with the University. 
• act in accordance with the law and University policy with respect to illegal drugs. 

4. MISCONDUCT UNDER THE CODE

The following list sets out specific examples of student misconduct. It is not an exhaustive list. It is intended to help students understand the type of conduct that will be subject to discipline. Students should be aware that they still may be subject to action under this Code, or the law, even if the reported conduct is not included in the list of examples below.

4.1.    Breach of University Policies, Procedures or Rules

4.2.     Misconduct Against Persons

Any action that is known, or reasonably ought to be known, to be threatening or a cause of actual harm to a person’s physical or mental well-being. This may include, but is not limited to acts of harassment, hazing, and discrimination.

4.3.    Misconduct Against Property

Any act of damage, theft, or unauthorized possession or use of University property or the property of a member of the University community. This includes intellectual property.

4.4.    Breach of the law and/or disregard for the health and safety of the University community.

Any act that is known, or reasonably ought to be known, to create or that threatens to create a dangerous or unsafe condition or that incites violence.

4.5.    Disruption of, or interference with, University activities

By action, threat, or otherwise, disrupting regular university operations (e.g. classes, examinations) or any activity organized by the University or by any of its faculties or departments. Mount Allison affirms the right of all members of the University community to carry on their legitimate activities and to freely speak and associate with others.

4.6.    Misconduct Related to the Use of Alcohol and Drugs

No student shall:

• Contravene provincial liquor laws or the policies of the University governing the purchase, sale, possession, consumption, or manufacturing of alcoholic beverages. (see Policy 7602 and Policy 4000)
• Be in possession of or consume alcoholic beverages at a University-organized or University-sanctioned event, on or off-campus, that has been designated as a “dry” (no-alcohol) event
• Transport, consume, or be in possession of open alcohol outside licensed on-campus events or spaces, or other University-approved events or spaces where alcohol is being sold or served. Open alcohol is defined as any source of alcohol that is no longer in its original container (e.g. bottle, can, etc.) at the point of sale or, if it’s still in its original container, has been opened or removed from its original packing (e.g. box, case, plastic rings, etc.). For more information about Open Alcohol, refer to New Brunswick’s Liquor Control Act.
• Be in possession of or use prescription drugs without a valid prescription. Trafficking of prescription drugs is considered an illegal drug activity for the purposes of this Code, regardless of the amounts involved, and regardless of whether money or any other form of consideration is exchanged.
• Be in possession of, furnish to anyone, or consume illegal drugs as defined by provincial, federal law as well as University policy;

As a general principle, impairment by alcohol or other drugs is not a defense against being found responsible for breaching the standard of conduct outlined in this Code.

4.7.    Misconduct Related to the Use of Cannabis

No student shall:

• Use, consume, possess, cultivate, or distribute cannabis in contravention of the federal Cannabis Act, the provincial Cannabis Control Act, or other related University policies and regulations. In short, it is prohibited to:
  • smoke cannabis for recreational purposes on Mount Allison property (refer to Policy 2100 – No Smoking).
  • cultivate cannabis on Mount Allison property. Students who have a prescription from a medical doctor for the use of cannabis, hashish, or their derivatives must register with the Meighen Centre prior to using them on Mount Allison property. Failure on a student’s part to comply with the terms of cannabis use on campus, as approved by the Meighen Centre, is an offence under this Code.

4.8.    Misconduct Related to Online Postings

Members of the Mount Allison community are reminded that images, postings, dialogues, and Information about themselves or others posted on the internet are public information. Content that is brought to the attention of the University which describes or documents behaviour that reasonably suggests a breach of University policy (e.g. Academic Integrity Policy, Student Code of Conduct, Sexual Violence Prevention Policy, etc.) is subject to further investigation.  The University reserves the right to appropriately respond to these incidents, which may include disciplinary action.

4.9.    Failure to comply

Any action that is known or reasonably ought to be known to contravene the reasonable directions of University Officials, Campus Security Services, or other law enforcement officers acting in the performance of their duties. This includes the failure to abide by published university policies, rules, or regulations.

4.10.    False Information and Identification

Refusal to identify oneself or knowingly furnishing false information to any person or office acting on behalf of the University. 

4.11.    Aiding in Student Misconduct

Encouraging, aiding, or conspiring with another student to engage in misconduct under this Code. This includes encouraging or aiding behaviour by a non-student which, if committed by a student, would be grounds for misconduct under this Code.

4.12.    Misconduct Related to the Application of this Code

No student shall:

• Abuse or disrespect the processes of this Code, including bringing false or unfounded complaints with malicious, frivolous, or vexatious intent
• Retaliate against any participant in the Code process
• Falsify, distort, or otherwise misrepresent information 
• Disrupt or interfere with the orderly conduct of the disciplinary process
• Knowingly falsify an incident report on another student
• Attempt to discourage an individual's proper participation in, or use of the disciplinary system
• Attempt to influence the impartiality of a  a decision maker prior to, and/or during the hearing or appeal
• Harass and/or intimidate a a decision maker prior to, during, and/or after a disciplinary process
• Influence or attempt to influence another person to commit an abuse of any process outlined in this Code.

4.13.    Refusal to Comply with Disciplinary Measures under this Code

Failure to abide by any and all disciplinary measures imposed under this Code.

5. INFRACTIONS UNDER OTHER POLICIES

5.1.    Sexual Violence

Incidents of sexual violence are generally adjudicated under the University’s Sexual Violence Prevention and Response Policy. For more information about sexual violence referral and reporting, please visit Sexualized violence services.

5.2.    Racism

Incidents of racism will generally be referred to the Anti-Racism Education and Response Committee for resolution under Mount Allison’s Anti-Racism Education and Response Policy. If you or someone you know has experienced racism, please contact antiracism@mta.ca.

6. COMPLAINT PROCESS

The University recognizes that many disputes can be resolved without resorting to the procedures in this Code. Wherever it is possible and appropriate to do so, members of the University community are encouraged to use constructive communication to directly resolve the situation rather than invoking the complaint process. This may be done as follows:

• Choose a time and place when the conversation can proceed calmly, privately, and without too much delay from the precipitating incident.
• Speak about the impact of the behaviour, focusing on the behaviour and not making a judgement about the person.
• Acknowledge the standpoint of the other person.
• Work together to find agreement on how to resolve the issue through better mutual understanding, and possibly a different pattern of behaviour in the future.

6.1.    Filing a Conduct Disclosure

If the situation does not lend itself to the above, or it is unsuccessful, an individual may choose to submit a Conduct Disclosure Form (pdf) to Student Affairs.

Any member of the University community may file a Conduct Disclosure alleging a breach of community standards by a student.

The Conduct Disclosure Form (pdf) must be received with the Complainant’s name and contact information; a residence incident report or a security report may constitute a Conduct Disclosure. Conduct Disclosures cannot be anonymous. However, the University reserves the right to initiate a Conduct Disclosure process at any time.  

6.2.    Conduct Disclosure Guidelines

Student Affairs works to respond to Conduct Disclosures using the following guidelines:

• Disclosures will be responded to within a reasonable timeframe.
• Disclosures will be considered using a holistic and trauma informed approach, one that is human centred, intersectional, and culturally relevant for parties involved in or impacted by concerning behaviour or conflict on campus.
• Individuals will be supported based on their needs and in understanding pathways toward resolution.
• A preliminary case assessment is conducted based on known information.
• Staff will work with the individual to identify needs and responsive early intervention strategies, perform resource navigation, risk assessment and provision of appropriate referrals.

There are several ways in which a conduct disclosure may be addressed based on the nature of the situation and those involved. Student Affairs will consider the level of risk, complainant input, and restorative potential when addressing a complaint. Conduct disclosures may be resolved without the need for formal processes. Formal approaches may or may not require investigation.

6.3.    Conduct Disclosure Jurisdiction

If it is determined by Student Affairs that the Conduct Disclosure falls within the jurisdiction of the Community Standards, they will notify the parties accordingly.

If the conduct disclosure does not fall within the jurisdiction of the Community Standards but may fall within the jurisdiction of another University policy, the complainant will be advised accordingly.

If the conduct disclosure does not fall within the jurisdiction of the Community Standards or within the jurisdiction of other university policies, the conduct disclosure will not proceed. The complainant may elect to pursue action via other non-university channels (and may be advised accordingly). The complainant will be offered support resources via the case management process.

6.4.    Timeline for submitting a Conduct Disclosure

Individuals are encouraged to submit a report as soon as possible after a situation occurs. The University recognizes individual differences, and historical trauma may impact reporting times and will accept complaints that have occurred at any time within one academic year. This timeline may be extended should Student Affairs consider it reasonable to extend that time limit.

Submission of a Conduct Disclosure or request for assistance (in person/online form/email) will generate an intake meeting to discuss the needs or concerns and initiate an assessment and case management response.

Efforts will be made to follow reasonable timelines in the implementation of this policy. However, delays may occur. Any delay should be reasonable in nature and communicated to the parties involved.  

6.5.    Responding to a Conduct Disclosure

Upon receipt of the conduct disclosure, Student Affairs will:

• Meet with the Complainant and conduct an assessment of the presenting concern and discuss possible outcomes of the assessment with the complainant, including Case Management, Informal and Formal resolutions processes. Following this meeting Student Affairs may also hear from other identified parties (Staff or students) and apply the Conduct Disclosure Risk Assessment Matrix to the information received to determine if the conduct disclosuredoes fall under a violation of the code.
• Once the assessment is complete Student Affairs will notify the Complainant of the outcome and review next steps depending on the corresponding Code Pathway:
  • Case Management (Remains a Conduct Disclosure) 
  • Formal: Direct-Decision
  • Formal: Judicial

Student Affairs will work closely with Complainants and consider requests for employing a particular pathway. The decision of which pathway to employ, however, lies with Student Affairs.

7. CONDUCT DISCLOSURE PATHWAYS

7.1.    Case Management Pathway

The Case Management process provides the Complainant(s) and Respondent(s) with the option of seeking a facilitated or educative outcome to the Conduct Disclosure. It is not meant to be a punitive process. The goal of the Case Management process is to arrive at a common understanding of the harm done and a mutually agreeable outcome that is designed to repair/redress the harm. Any breakdown of the Case Management process or any violation of agreed-upon terms will result in the matter being elevated to a Formal Complaint pathway.

7.1.1.    Overview

The Complainant and the Respondent must both mutually agree to this process. Where there is disagreement, or in cases when the Respondent does not respond, the matter will proceed to a formal pathway.

Normally, the Community Standards Case Manager (CSCM) will facilitate the Informal Resolution process. At the discretion of the CSCM or at the request of both parties involved, another University staff member — or members — may be called upon to facilitate.

At any point in this process, either the Complainant or the Respondent may choose to withdraw their participation from the case management process. In such instances, the matter will normally be referred to the University Judicial Panel for resolution.

The facilitator will work with the parties, separately or together, to achieve a commonly agreed outcome. The facilitator may suggest solutions but will not act as a decision-maker.

Any outcome will be determined jointly and entered into voluntarily by the parties.

Where a resolution is not reached, the case will normally proceed to the University Judicial Panel. Also, where a resolution has been reached but the resulting agreement is not complied with, the matter will be referred to the University Judicial Panel for resolution. At the discretion of Student Affairs, interim measures may be imposed.

7.1.2.    Process

At the outset of the process, Student Affairs will notify the Respondent of the complaint, and the preference to resolve the matter informally. Student Affairs will invite the Respondent to meet in person to discuss the nature of the complaint and the details of the Informal Resolution process.

If the Respondent does not agree to participate in the Informal Resolution process, the matter will proceed to the Formal Resolution process.

If the Respondent agrees to participate in the case management pathway, the following process will be followed. Note that this process is to be viewed as a guideline and may not be followed exactly as presented. Student Affairs reserves the right to appropriately modify this process as needed.

• A facilitator will meet with the Complainant(s), the Respondent(s), and any relevant witness(es). The process allows for multiple meetings (if necessary) providing the meetings remain constructive and are working towards the achievement of a positive outcome. The purpose of the meetings is to
  • better understand the nature and impact of the harm
  • make the Respondent(s) aware of the harm impacted the Complainant(s)
  • assess the potential for arriving at a mutually agreeable outcome that suitably addresses the harm.
  • ensure that both are aware of and have access to supports available internally and externally to the university.
• Following the initial set of meetings, the facilitator will present to the Complainant(s) possible courses of action with respect to next steps. These may include:
  • Interim measures designed to acknowledge the impact of the harm(s) and prevent reoccurrence.
  • A proposal from the Respondent(s) that includes goals and a timeline for tasks that they would like to undertake to prevent reoccurrence and repair the harm caused by the precipitating incident(s).
  • A conciliatory meeting in which the Complainant(s)/ Respondent(s) involved do not meet face to face, but information is shared back and forth by the facilitator(s).
  • A mediation with everyone present in which a facilitator encourages an exploration of the behaviour, its root cause(s), the effect on others, and possible remedies.
  • Agreed-upon administrative recommendations designed to remedy the harm that may have been caused.
• Each component of the Informal Resolution process must be agreed upon by all parties. This includes:
  • Developing and agreeing to a set of expectations that ensure. everyone has a fair opportunity to participate and is respected in the process.
  • Working together to define the topics that will be discussed, and possibly some topics that are too sensitive to explore.
  • Deciding on how the process will unfold, including steps, who to involve, when and where it will take place, and appropriate forms of communication.
  • Agreeing to outcomes that satisfy those who have been impacted.
• The process will take the form of one or more discussions with those who are directly involved

7.1.3.    Expectations

All participants are expected to approach the process with an open mind, a willingness to listen, and a genuine desire to better understand what has happened.

The conversations will be constructive in nature. That is, they will seek to bring about new insight into what happened, what it meant to those who were involved, and what should happen next.

It is understood that this may be emotional for the parties involved. It is expected, therefore, that:

• each participant will engage in a thoughtful and reflective manner.
• all parties will make an effort to de-escalate tensions.
• individuals who take emotional risks will be treated with respect.
• if blame enters into the discussion, it will be focused on the situation and not on perceived individual shortcomings.

7.1.4.    Resolution

The process will normally be completed within 60 days but can be extended should it be agreeable to all parties.

The matter will be deemed to be resolved when the process comes to a natural conclusion, the outcomes have been adequately fulfilled, and all parties agree that it may be put to rest.

A brief written summary will be provided by the facilitator to all parties who participated in the process and kept as a record. This will include:

• an overview of the timeline from the precipitating incident to the conclusion of the process.
• a description of any outcomes.
• an explanation of how confidentiality may apply in this circumstance.

7.2.    Formal Pathway: Direct Decision

Student Affairs may use their discretion to make a direct decision and determine what, if any, sanctions are to be implemented.

Complaints that are normally subject to a Direct Decision process are those that include clear evidence of an infraction, include sensitivity around confidentiality, or more immediate action because of concern to individual or community safety. The Direct Decision process may also be used when the University is the Complainant or when a complaint/incident report is received during periods when the University Judicial Panel does not or is unable to meet.

7.2.1.    Process

When the Direct Decision process is undertaken, Student Affairs will notify all involved parties.  For cases involving allegations of danger to personal or community safety, Student Affairs may order interim sanctions or restrictions.

If the Direct Decision pathway is initiated, the following process will be followed. Note that this process is to be viewed as a guideline and may not be followed exactly as presented. Student Affairs reserves the right to appropriately modify this process as needed.

• Student Affairs will notify the respondent of the complaint and next steps in the process. A meeting will be scheduled where the respondent is provided:
  • details of the complaint.
  • direction to relevant sections of the Code of Conduct. 
  • sources of support 
• The respondent will be invited to submit a formal response to the complaint. The response is to be submitted in writing to Student Affairs within 5 business days.
• The Complainant will be given an opportunity to review the response. They will be invited to provide a further response to be shared with the Respondent. This is to be submitted in writing to Student Affairs within 5 business days.
• Student Affairs will take the appropriate steps to ascertain the facts of the matter by reviewing materials, meeting separately with the parties, and if necessary, meeting with any relevant witnesses that have been identified.
• Student Affairs may call upon other witnesses based on information gathered over the course of the investigation.  
• In some cases, it may be necessary to interview witnesses, complainants, or respondents more than once.
• In the case of a student-on-student complaint when the Respondent submits a complaint against the Complainant, Student Affairs may make a decision on both complaints at the same time.
• Where a respondent does not participate in the process, whether by choice or by disregarding contact, Student Affairs may proceed and reach a decision on responsibility based on the information and documentation that has been received and reviewed.
• Student Affairs reserves the right to call upon additional university staff members, as necessary, to assist with or lead the investigative process. Student Affairs will review other relevant policies and invoke other relevant processes that may apply under the circumstances.
• If, at any time, Student Affairs determines that the complaint no longer warrants or cannot be dealt with effectively via Direct Decision, Student Affairs may refer the complaint to the University Judicial Panel.
• In matters involving criminal activity, Student Affairs reserves the right to notify the appropriate legal authorities.

The process will normally be completed within 60 days but can be extended by Student Affairs as needed.

7.2.2.    Findings

The standard of proof required to determine that there has been a breach of the Code will be "on a balance of probabilities," meaning that the Director (or designate) must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred.

Student Affairs’ decision will be communicated in writing to both the Respondent and the Complainant. This will include:

• A summary of the incident(s) in question and a finding with regards to responsibility.
• A description of outcomes/sanctions (if any) that are to be imposed.
• A timeframe and process for any applicable follow-up.
• An explanation of the appeals process.
• An affirmation of how confidentiality may apply to the case.

If the Respondent is found to be Not Responsible, the case will be closed. If the Respondent is found to be Responsible, then sanctions may be imposed.

7.3.    Formal Pathway: University Judicial

The University Judicial process provides a closed forum for the Complainant and Respondent to present their arguments before an adjudicating body made up of university representatives. The adjudicating body (i.e. University Judicial Panel) will consider the arguments and then make a determination of responsibility which may include the issuing of sanctions.

Complaints that do not meet the criteria for the Direct Decision process will normally be referred to the University Judicial Panel. Any decision to proceed with the University Judicial process will be made by Student Affairs.

7.3.1.    Overview

The purpose of the University Judicial Panel Hearing is to provide a fair evaluation of the case and determine whether the Respondent is responsible for violating University regulations and to assign appropriate sanctions in the case where a student is found responsible.

University Judicial Panel members will ask questions not only to determine whether there has been a breach, but also to determine the impact of the behaviour, the level of harm that has occurred, and how that harm can be addressed. If a student is found responsible, then the University Judicial Panel will consider how the harm should be addressed and identify the appropriate sanctions.

7.3.2.    Process leading to a Hearing

If the judicial pathway is initiated, the following process will be followed. Note that this process is to be viewed as a guideline and may not be followed exactly as presented. Student Affairs reserves the right to appropriately modify this process as needed.

• Student Affairs will notify the respondent of the complaint and next steps in the process. A meeting will be scheduled where the respondent is provided:
  • details of the complaint
  • direction to relevant sections of the Code of Conduct.
  • sources of support 
• The respondent will be invited to submit a formal response to the complaint. The response is to be submitted in writing to Student Affairs within 5 business days.
• The Complainant will be given an opportunity to review the response. They will be invited to provide a further response to be shared with the Respondent. This is to be submitted in writing to Student Affairs within 5 business days.
• The Complainant(s) and Respondent(s) will each have an opportunity to view the other’s statements or responses. Student Affairs will submit all documentation and supporting evidence to the University Judicial Panel. 
• The University Judicial Panel will review the information before scheduling a hearing. 
• Student Affairs will notify the parties of the date, time, and place of the hearing. The Complainant(s) and Respondent(s) will be responsible for notifying their witnesses, if applicable.

7.3.3.    University Judicial hearing

The hearings are held in private (i.e. restricted to persons who have a direct role or interest in the hearing, or persons who are acting as Witnesses). At the discretion of the Judicial Panel, other persons may be admitted to the hearing for training purposes or other reasonable considerations.

Students have the right, before the merits of the case are heard, to challenge the suitability of any decision-maker hearing the case if there is a reasonable apprehension of bias against the Respondent’s case. If such a challenge is made, the whole panel will determine if a reasonable apprehension of bias is warranted. Its decision will be final. If it does find a reasonable apprehension of bias against the Complainant’s or Respondent’s case, the hearing will be re-scheduled and a new panel member appointed. Or, if all parties are in agreement, the hearing will proceed as planned minus the participation of the panel member who was recused.

Respondents are expected to attend hearings in person even if they have an Advisor. Failure to attend a hearing may result in the case being heard and determinations made in the absence of the Respondent’s own evidence being considered.

To ensure that its procedures are as fair as possible in the context of University circumstances and traditions, the University Judicial Panel shall comply with the following procedural guidelines:

• The Judicial Panel members will appoint a Session Chair for the proceedings. The Session Chair will be responsible for moderating the hearing process. 
• The Judicial Panel members will select one member to serve as the Recording Secretary for the proceedings.
• In rare circumstances when a Judicial Panel matter continues over a period of time and one Judicial Panel member becomes unavailable for unavoidable reasons such as a medical emergency, the remaining Judicial Panel members may complete the proceeding. If the Judicial Panel member who is unavailable was the Session Chair, one of the remaining members will become the Session Chair. 
• The hearing will proceed in stages. The Complainant and the Complainant’s witnesses will present themselves before the Judicial Panel first. The Respondent and the Respondent’s witnesses will present themselves before the Judicial Panel second. The two parties will be kept separate throughout the hearing.
• At the University Judicial Panel’s discretion, the Complainant and/or the Complainant’s witnesses may be asked to present themselves before the Judicial Panel for a second time. Similarly, the Judicial Panel may ask the Respondent and/or the Respondent’s witnesses to present themselves before the Judicial Panel for a second time.
• In the case of a student-on-student complaint where the Complainant and the Respondent have both registered complaints against the other, the Judicial Panel may consider both complaints simultaneously over the course of the hearing. 
• The Respondent(s) will be given an opportunity to admit or deny responsibility in whole or in part.
• Both the Complainant and the Respondent will have the opportunity to suggest what remedies and sanctions, if any, they believe are appropriate to the matter before the University Judicial Panel.
• If new evidence is presented at the hearing, the Judicial Panel may choose to postpone proceedings to allow further time for all parties to consider it.

7.3.4.    Findings

The standard of proof required to determine that there has been a breach of the Code will be "on a balance of probabilities," meaning that the University Judicial Panel must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred.

In arriving at a decision, the University Judicial Panel will operate on the basis of consensus. In the event the University Judicial Panel is unable to reach a decision by consensus a vote will be taken. If the Judicial Panel consists of four members, the Recording Secretary will not vote. If the Judicial Panel consists of three members, all will vote.

The decision of the University Judicial Panel will be put in writing and sent to the Respondent(s) and the Complainant(s) by Mount Allison email. A copy of the decision will also be filed with the Student Life Office. Whenever possible, decisions of the University Judicial Panel will also be made orally immediately following the hearing.  The decision will include:

• A summary of the incident(s) in question and a finding with regards to responsibility.
• A description of outcomes/sanctions (if any) that are to be imposed.
• A timeframe and process for any applicable follow-up.
• An explanation of the appeals process.
• An affirmation of how confidentiality may apply to the case.
• Variations from procedural guidelines within this section shall not necessarily invalidate a decision, unless significant prejudice to a student or the university may result.

Where a University Judicial Panel is persuaded, by the information it has heard and reviewed, that there is a risk that the Respondent will engage in future behaviour that is likely to cause harm to others in the University community, the University Judicial Panel may recommend to the Vice-President International and Student Affairs expulsion from the University.

7.3.5.    Postponement

A hearing may be postponed at the discretion of the University Judicial Panel if it has independent reasons to do so or upon the request of a party where the party satisfies the University Judicial Panel that the postponement is necessary for a fair hearing to be held. When deciding whether to grant a postponement, the University Judicial Panel may consider one or more of the following factors:

• the timeliness of the request.
• the adverse impact, if any, of postponement on the parties.
• whether postponements have been previously granted in the case.
• the consent of the parties.
• any other relevant factor(s).

The party seeking the postponement must submit their request in writing to the University Judicial Panel via the Director of Student Life and International Services. The request must include the reason(s) for the request and any additional information that may help the University Judicial Panel in its decision.  The Director of Student Life and International Services will forward the request to the University Judicial Panel. The Director will likewise notify the other party of the request. The other party will have equal opportunity to register their support for or opposition to the postponement request. Such a response must be submitted in writing to the Director of Student Life and International Services. The University Judicial Panel will communicate its decision through the Director.

Where possible, the University Judicial Panel will consider the request in advance of the original hearing date. Where this is impractical or impossible, the University Judicial Panel may consider the request as a preliminary matter on the hearing date. Either way, the University Judicial Panel will decide whether or not to grant the postponement request as it deems appropriate and fair.

If the request is denied, the hearing will proceed on the originally scheduled date. The University Judicial Panel may, in its discretion, deny a postponement even though the parties consent.

7.3.6.    University Judicial Panel Composition

The full membership of the University Judicial & Appeal Panels consists of at least four (4) students, two (2) faculty members, and two (2) staff members appointed by the Vice-President International and Student Affairs upon recommendation by a selection committee comprising the Director of Student Experience, the Student Union President (or designate), and a faculty representative.

A University Judicial Panel that is in session will normally consist of four members, with at least two members being students. A panel may proceed with three members which forms the basis of quorum.

For any University Judicial Panel in session, the remaining Judicial Panel members will be held in reserve in the event they are called upon to form an Appeal Panel.

Student members of the University Judicial Panel will serve a one one-year term (September-April), renewable annually up to a maximum of three years. Requests for renewal must be submitted in writing to the aforementioned selection committee for review and decision by January 31 of each year. Students interested in serving on the University Judicial Panel must submit an application of the Student Life Office by the posted deadline. The selection committee will review the applications and submit all recommendations for appointment to the Vice-President International and Student Affairs.

Faculty members of the University Judicial Panel will serve one two-year term (September-April), whereupon they are eligible for renewal in one-year increments up to a maximum service period of five (5) consecutive years. Faculty members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the selection committee.

Staff members of the University Judicial Panel will serve one three-year term (September-April), whereupon they are eligible for renewal in one-year increments up to a maximum service period of six (6) consecutive years. Staff members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the aforementioned selection committee.

The University Judicial Panel membership will select one member to serve as University Judicial Chair. The University Judicial Chair will serve as a liaison between the University Judicial Committee and Student Affairs.

In rare circumstances when a Judicial Panel matter continues over a period of time and one Judicial Panel member becomes unavailable for unavoidable reasons such as a medical emergency, the remaining Judicial Panel members may complete the proceeding. If the Judicial Panel member who is unavailable was the Session Chair, one of the remaining members will become the Session Chair.

Unless otherwise stipulated, the University Judicial Panel will meet at the call of Student     Affairs in consultation with the University Judicial Chair.

7.4.    Witnesses

The Complainant(s) and Respondent(s) have the right to provide witnesses during a conduct disclosureprocess. Any witnesses are to be identified when submitting an initial concern or response. At the discretion of Student Affairs or the University Judicial Panel, witnesses may be asked to provide information that may be pertinent to the case whether in writing or at a hearing.

If invited to a hearing, it is the responsibility of any Complainant(s) or Respondent(s) to notify any witnesses of the date, time, and location of the hearing. Only witnesses whose names and/or statements were included in the original submission of documentation and evidence to the University Judicial Panel may participate in the hearing.

7.5.    Advisors and Support Persons

Any Complainant(s) or Respondent(s) have the right to be supported by an advisor or support person during the conduct disclosure process. While a support person or advisor may speak during the process, the Complainant and Respondent are still expected to speak on their own behalf. It is the responsibility of any Complainant(s) or Respondent(s) to:

• advise Student Affairs of any support person/advisor that will accompany them to any meetings or to a hearing. The name, title, and contact details of the advisor or support person is to be provided at least 24 hours in advance of any meeting or proceeding. This information may be shared with relevant parties participating in the process.
• attend hearings or meetings in person even if they have an advisor or support person. Failure to attend a hearing may result in the case being heard and determinations made in the absence of a student’s own evidence being considered.
• if applicable, select an advisor or support person whose schedule allows attendance at or near the scheduled date and time for the hearing so that the hearing is timely for all parties.

8. APPEALS

The Complainant or the Respondent may only appeal the outcome of a Direct Decision process or University Judicial Process on one or more of the following grounds:

a)  a significant error occurred where the procedures outlined in this Code were not followed correctly.
b)  there is clear evidence of bias or a significant conflict of interest on the part of a decision-maker.
c) the outcome is not a logical consequence of the infraction.
d) there is significant new evidence that was not available at the time of the decision, which has the potential to change the original outcome.

Disagreement with a decision does not constitute a basis for appeal.

8.1.    Applying for Appeal

The grounds for appeal, including all supporting information, must be described and delivered in writing to Student Affairs within five (5) business days following the date the Direct Decision or the University Judicial Panel decision was issued.

All appeals of Direct Decision cases and University Judicial Panel cases will be directed to the University Appeal Panel for review.

Students may appeal a decision only once.

8.2.    Preliminary Assessment of the Materials

The Appeal Panel will do a preliminary assessment of the written material before deciding whether to hold a subsequent hearing.
If it is determined that the appeal cannot succeed on any of the grounds listed in Section 8.1, the appeal may be dismissed. In such an instance, the Appeal Panel’s decision to dismiss the appeal is final and may not be appealed.

If the appeal relies on grounds (a), (b), or (c) above and no other grounds, the Appeal Panel may move to conduct a Written Hearing.

If the appeal relies on grounds (d), the Appeal Panel may move to conduct an Oral Hearing.

8.3.    Written Hearing

The written hearing will be conducted within ten (10) business days of the appeal’s submission date. The Appeal Panel will review the materials in a closed session and then decide.

8.4.    Oral Hearing

Except in exceptional circumstances, the Appeal Panel will hear the appeal within ten (10) business days of the appeal’s submission date. The Appeal Panel will give the Appellant at least three (3) days’ notice of the date, time, and place of the appeal hearing.

The oral hearing will follow the same general procedural guidelines as outlined in Section 7.3. It Is not the purpose of the Appeal Hearing to re-hear the case, rather the scope of the hearing will be limited to the Appellant making a case that their grounds for appeal have been met.

The Appeal Panel will render a written decision no more than five (5) business days from the end of the Appeal Panel hearing. The Appeal Panel has the authority to do the following:

• Affirm or modify the University Judicial Panel decision.
• Affirm, reduce or increase the sanctions appealed against.
• Require that the original University Judicial Panel conduct a new hearing or reconsider some aspect of its decision.

The decision of the Appeal Panel will be delivered to the Appellant, the Respondent on Appeal, and Student Affairs by Mount Allison e-mail, campus/regular mail, or Express Post. The decision will be filed with Student Affairs The Appeal Panel decision is final and binding and may not be appealed by either party.

If a new hearing is granted, then the subsequent decision is final and binding and may not be appealed.

8.5.    Suspension of Sanctions

Only monetary sanctions are automatically suspended pending the outcome of the appeal. Non-monetary sanctions remain in force pending the outcome of the appeal.

In University Judicial Panel decisions, the Appellant may submit a written request to the Director of Student Life and International Services to stay the enforcement of the sanctions pending the outcome of the appeal.

For Direct Decision cases, the Appellant may submit a written request to the Vice-President, International and Student Affairs to stay the enforcement of the sanctions pending the outcome of the appeal.

8.6.    Composition of the Appeal Panel

The full membership of the University Judicial & Appeal Panels consists at least of four (4) students, two (2) faculty members, and two (2) staff members appointed by the Vice-President International and Student Affairs upon recommendation by a selection committee comprising the Director of Student Life, the Student Union President (or designate), and a faculty representative.

A University Appeal Panel that is in session will normally consist of four members, with at least two members being students. This forms the basis of quorum.

No members of the Appeal Panel will have served on the University Judicial Panel that heard the original case.

9. PERIOD OUTSIDE THE ACADEMIC YEAR

For incidents that occur after the end of classes, between terms, outside the regular academic year, or at a time when the University Judicial Panel is unable to meet, the Director of Student Life and International Services will, when appropriate, endeavour to resolve the matter according to the Direct Decision Process. In such cases, the usual timelines for response and resolution may require adjustment on account of student and staff absences, holidays, etc. In some cases, the Director may refer the incident to the University Judicial Panel for resolution upon the commencement of a new term or academic year.

An individual, who is on campus during one of the periods listed above, and who, during that period, commits an offence under this Code, and who subsequently registers as a Mount Allison student in September of that year, will be deemed to fall under the jurisdiction of the Student Code of Conduct. Such an individual will be subject to disciplinary review as soon as possible after the first day of classes.

10. SANCTIONS

Student Affairs has full authority to issue sanctions to students. In the event of a recommendation for university expulsion, the case will be forwarded to the Vice-President, International and Student Affairs, for a final decision.

For a list of possible sanctions, see Appendix B.

11. EMERGENCY MEASURES

Mount Allison reserves the right to intervene in situations where a student’s behaviour affects others' use and enjoyment of university privileges and facilities. These circumstances include those where there are reasonable grounds to believe that the safety of other people is endangered, that there is a high potential of physical danger posed by the student's continued presence, that damage to university property is likely, or that the continued presence of the student would be disruptive.

In such instances, the Vice-President International and Student Affairs (or designate) may invoke emergency measures by immediately imposing a range of restrictions, up to and including temporary suspension from the University.

Normally, a formal hearing before the University Judicial Panel will be held within ten (10) business days of notice to the student of this decision, during which time the student may only enter the residence and/or campus under escort where he or she has received appropriate permission(s). Other interim conditions may include: restrictions on a student’s movement on campus, non-association/no contact directives, and suspension of student privileges.

The Vice-President International and Student Affairs (or designate) may extend interim measures until the University Judicial Panel can reasonably convene.  Normally, this will occur within 30 calendar days of the imposition of interim conditions.

The interim conditions are in no way to be construed as indicative of guilt and shall remain in place until the matter is formally disposed of according to the procedures outlined in this Code.

The Vice-President International and Student Affairs (or designate) may limit a student’s access to the University until a comprehensive threat assessment by qualified professionals can be conducted. The results of the threat assessment do not preclude the University acting under the Code.

When Mount Allison is made aware that criminal proceedings have been initiated against a student, and the student’s activity impacts or may impact campus safety or vital University interests, the Vice-President International and Student Affairs will determine how to proceed under the Code, which could include temporary suspension or expulsion of the student

12. ACCOMMODATION

Under the provisions of the New Brunswick Human Rights Act, students with disabilities may require reasonable accommodation in relation to the Code. In such cases, the student is required to provide medical or psychological documentation to the Meighen Centre. With student consent, the Meighen Centre will confirm and specify the functional impairment and, where applicable, will specify the accommodation that is required.

13. CONFIDENTIALITY AND RECORDS

Code processes are confidential and personal information and admissions shared within the process may not be used by either party against the other in an adjudicative process unless otherwise stipulated. If the parties arrive at a mutually agreeable resolution, then the resolution/agreement may be shared with the appropriate third parties or decision-makers, but the content of the process remains confidential.

Records of charges and sanctions, other than suspension or expulsion, will not be placed in student academic records. Records of case management will be kept as part of a student’s file until the time of their graduation. Records of all Formal Resolutions, including charges and sanctions, will be maintained as part of the confidential records in Student Affairs for a period of up to five (5) years after the student graduates. In cases when a student ceases to be a student, all records of Informal Resolution, Formal Resolution, and University Judicial Panel decisions will be maintained for a period of five (5) years.

This Code shall be reviewed at least once every three years.

Also known as procedural fairness, natural justice ensures that a student has the right to know an allegation(s) against them and present a defense. The university has a responsibility to make decisions based on reasonable investigation, due consideration of relevant evidence, and free from bias.

Further components of natural justice include:

• The burden of proof is preponderance of evidence or balance of probabilities rather than “beyond a reasonable doubt”. The burden of proof will be established by an analysis of “what is most likely to have happened.”
• The process should ensure as speedy a resolution of cases as is consistent with due process.
• Each party must be given sufficient notice of an investigative process or appeals hearing, in writing, to allow for preparation of the case.
• The student must be informed of the allegations forming the basis of the report of misconduct against them.
• The student has the right to hear and to respond to evidence presented against them.
• Each party may have an advisor who shall be a member of the University community (i.e. students or current employees of the University).
• Accused students and persons initiating a complaint may call witnesses at the initial investigative meeting. Witnesses must appear. It is the responsibility of both parties to notify their own willing witnesses of the time and place of the meeting. The relevant authority may compel witnesses to attend.
• Students may be accompanied by an advisor during the informal and formal resolution processes (as appropriate). Students must inform the relevant authority, in writing and according to the timelines set out in this Code, if they plan to bring witnesses or an advisor.
• Both sides of the case have the right to be heard.
• Accused students who request access to the case against them and to the names of witnesses are entitled to such access provided that a request is made in a reasonable amount of time in advance.
• Hearsay evidence may be presented at the discretion of the relevant authority.
• Evidence in support of the Complainant and Respondent is to be heard, and the decision made, without reference to previous record, except where appropriate and relevant to the case at hand. If responsibility is determined, the previous record may be considered in determining the sanction.
• Any record of the process will not be maintained in the student’s academic or personal files if no charges are laid, although the relevant authority shall maintain official records for university purposes.
• At all levels of the process, decisions must be given promptly in writing. Reasons for the decisions must be provided.
• No one should hear a case if they are biased towards the participant(s) in any way.

The following is a list of possible sanctions for infractions under the Code. The list is not exhaustive but serves as a guideline for the University Judicial Panel, Student Affairs and involved parties.

Alcohol Probation
Students on alcohol probation may not possess or consume alcohol on University property; Students may not create any disturbances on campus while under the influence of alcohol. Residence students in violation of alcohol probation may face suspension or eviction from residence. Students on alcohol probation are automatically placed on disciplinary probation.

Apology
Apologies are written public or private expressions of remorse and the willingness to take responsibility for one’s actions (or inactions).  They are an important way to repair community relationships and restore trust between parties. They must be sincere if they are to be taken seriously. 

Ban from Residence/Campus
Students may be banned from one or more residences and/or campus. Students in violation of a residence/campus ban may also be charged under the New Brunswick Trespass Act. 

Behaviour Contract
A behaviour contract is an agreement between an individual and the University, whereby an individual agrees to a set of specified behaviours, stipulations, conditions, and/or expectations. An individual may be required to agree to abide by a behavioural contract if they wish to retain other University privileges.

Bonds
Bonds are a suspended fine and are used to ensure that an individual complies with a specific Behaviour Contract or policy/procedure. If there are no further conduct violations during the remainder of the academic year, no fine will be issued and the bond revoked. If additional violations occur, bonds are converted into fines and charged to the individual’s student account. Additional sanctions may also apply.

Change, Class, or Work Assignment
In some instances, it may be necessary — as an interim measure or as an outcome of an investigation — to limit or restrict contact between students. This may result in  the imposition of prescribed dining hours at Jennings, or a petition to the Registrar’s Office for changes to a student’s class schedule or section(s). For on-campus employment, it may also involve the adjustment of a student’s work hours, co-workers, or location.

Community Service
Community service provides the student with an opportunity to learn new skills, develop new relationships, and to repair harmdone to the community. At the discretion of the University, community service hours may be performed on or off-campus, provided that any such service or work is available and not prohibited by labour or other service agreements. 

Disciplinary Probation
Disciplinary Probation can be combined with other sanctions and serves as a written warning to a student that the next incident of inappropriate conduct will result in more serious consequences under the Code. During the probationary period, a student must fulfill certain conditions and maintain good conduct.

Educational Assignment
These may include, but are not limited to, referral to educational programming, participation in restorative practices, a reflection paper,  meeting with University staff or community partner, etc. Educational assignments may be combined with other sanctions.

Eviction from Residence
In some cases, a student in residence may be required to vacate residence. The student will also be banned from all other residence buildings. Students in violation of a suspension/eviction can be charged under the New Brunswick Trespass Act.

Fines
A fine is a monetary amount charged to a student’s account as a financial penalty for infractions under this Code. Fines will not normally exceed $1,000.

Interim Measures
In some instances, the Director of Student Experience may impose interim measures on one or more parties while an incident involving residence students is being reviewed. Interim measures are taken to protect the safety and well-being of the students involved and can include room/residence relocation, a residence/university ban, a No Contact Order, and/or other necessary restrictions prior to the completion of an investigation. Interim measures are preliminary in nature and are generally in effect only until an investigation or appeal review has been completed. The introduction of interim measures does not imply a finding of responsibility.

Loss of Fees
Forfeiture or loss of payments, fees, or funds.

No Contact Order
To safeguard the integrity of an investigation and/or to create a safe space for students in response to an incident/complaint, Student Life may issue a No Contact Order. A No Contact Order is a Student Life directive which may be used for the purpose of restricting contact and communication between two or more students for a specified period of time.

Non-Academic Suspension
Students on a non-academic suspension are permitted to be on campus for academic purposes only. With the exception of classes, labs, and any other prescribed academic activity. Any specific exceptions will be made in writing by the Director of Student Experience or designate.

Referral
In some cases, students may also be required to attend meetings/appointments with designated people, bodies, or departments either on or off-campus (e.g. Counselling Services, Academic Support Services, etc.).

Residence Relocation 
In some situations, residence students may be required to relocate to another room in the same residence or to another room in a different residence.  This will often include restrictions on that student’s ability to return to their previous residence building.

Restitution for Injury, Loss or Damage
Notwithstanding any sanctions applied under the Code of Conduct, students responsible for costs incurred from injury, loss, or damage may also be charged the cost of repair, replacement, and/or compensation.

Restriction or Prohibition of Access or Use
A denial  of a student’s right to access or use any part or allof the University’s lands, equipment, facilities, services, activities, programs, meetings, or events or those held by, or on, or in association with the University.

Statement or Retraction
Issuance of a statement or retraction, in an appropriate form, in public or in private.

Suspension or Loss of Privileges
Students who are found in violation of the Code may have their privileges restricted or suspended. This may include participation in clubs, societies, or teams, eligibility for residence accommodation, eligibility for participation in University programs, etc.  The University reserves the right to carry the restriction and/or suspension of privileges into the following academic year(s).

University Suspension
For particularly serious offences under the Code, students may be suspended from University. The suspension may be permanent or for a defined period of time. A University suspension does not exempt a student from financial responsibilities under any University refund policy. Students in violation of a University Suspension may be charged under the New Brunswick Trespass Act. 

Written Warning
A Written Warning is a disciplinary reprimand that serves as notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary actions.

Other Actions
Depending on the nature of the event and/or the impact of the circumstances, the University reserves the right to impose outcomes other than those listed above.