Student Conduct

Student Conduct

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Student Conduct Office Process

Initial Exploratory Meeting

Upon receipt and review of an Incident Report from the nam Intake Office, the Case Manager shall write to the Respondent(s) inviting the Respondent(s) to an initial exploratory meeting.

The letter must:

  1. Provide the Respondent(s) with a summary of the Incident Report;
  2. State the specific date,time and location of the initial exploratory meeting. This must normally be scheduled within 10 business days after the case referral.
  3. Advise each Respondent of the right to have an advisor present at the meeting;
  4. Advise the Respondent(s) that:
    • the initial exploratory meeting is the Respondent’s opportunity to explore the possibility of informally resolving the case;
    • any retaliatory conduct by the Respondent(s), either towards the complainant or any potential witness, is itself Category 2 non-academic misconduct subject to sanction; and,
    • if they do not attend the initial exploratory meeting, the Case Manager will proceed with a formal investigation of the case.

Preliminary Informal Resolution

If the Respondent(s) admits to the alleged misconduct and accepts responsibility, the Case Manager and the Respondent(s) can agree, in writing, to the sanction(s). The written agreement must also specify any requirement(s) the Respondent(s) must meet/fulfill, and the deadline for doing so.

Upon the timely completion of the requirements agreed to in the informal resolution the Case Manager must prepare a case report pursuant to Section VIII of the Code and provide it to the NAM Intake Office.

Violation of Informal Resolution Requirements

The Case Manager can, in their discretion, determine if a failure to meet any of the requirements is substantial enough to warrant negating the informal resolution. If the failure is determined to be substantial enough, the Case Manager must so advise the University Ombudsman, who will refer the case to the Student Conduct Panel, (the “Panel”) providing the Panel with the following information:

  1. information about the misconduct, alleged; and admitted; and,
  2. the sanction(s) and requirement(s) agreed to during the informal resolution process.

The Panel shall invite each party to make a submission, orally or in writing, about the appropriate sanction(s).

The Panel shall only render a decision about sanction(s), which can include the original sanction(s) agreed to in the informal resolution and additional sanction(s) for failure to complete/fulfill the original sanctions(s).

Formal Investigation Process

If the Case Manager determines, based on the nam Intake Office’s Incident Report, that no informal resolution is appropriate, or, if after the initial meeting with the Respondent(s) the Case Manager determines that no informal resolution is possible at this stage, then the Case Manager will initiate a formal investigation to determine if there is sufficient evidence of non-academic misconduct to warrant further action. Normally, the investigation must start no later than 15 business days after the Case Manager received the Incident Report.

The Case Manager can ask that the university engage an external investigator where the subject matter of the case requires specialized knowledge or expertise.

Throughout the investigation the Case Manager shall observe the principles of procedural fairness, including:

  1. Interviewing the complainant(s) to identify the scope of the evidence available to support the case and to identify any relevant witnesses. The Case Manager must send each complainant a Notice of Investigation, requesting an interview to discuss the allegation(s).
  2. Interviewing relevant witness(es). The Case Manager must send a Notice of Investigation to each witness, requesting an interview; and,
  3. Interviewing the Respondent(s). The Case Manager must send Notice of Investigation to each Respondent, which shall:
    • provide each Respondent with the specifics of the allegation(s) against him/her;
    • invite the Respondent to meet wit h t he Case Manager and/or provide a written response to the allegations;
    • advise the Respondent(s) of the right to have an advisor present at all meetings during the investigation;
    • advise the Respondent(s) t hat any retaliatory conduct is itself Category 2 non-academic misconduct, subject to sanction;
    • advise the Respondent(s) of the place, date and time that has been scheduled for the interview, which must not be earlier than 5 business days after the date on the Notice of Investigation;
    • indicate the date by which a written response, if the Respondent chooses to submit one, must be provided to the Case Manager, which must not be earlier than 5 business days after the date on the Notice of Investigation; and,
    • Advise the Respondent that if the Case Manager receives no response to the Notice of Investigation (by providing a written response to the allegations and/or confirming attendance at the interview) the Case Manager will proceed with the investigation and will draw any reasonable conclusions based on the information that is available at the conclusion of the investigation.

A Notice of Investigation constitutes a direction of a University official for the purposes of the Code.

As part of the investigation the Case Manager is entitled to, and should if they deem it appropriate, meet with, seek assistance from, or consult with, any member of the University community who might have relevant knowledge of the incident and/or the Respondent(s) (including Faculty Deans, administrators and staff), or who have specific expertise with regard to the substance of the allegation (e.g. the Human Rights Office, the Equity Office, the Department of Athletics and Recreation, Residence, etc.).

The formal investigative process must normally be completed by the Case Manager within 10 business days after all interviews are completed.

During the investigation, the Case Manager must instruct all persons interviewed that:

  1. the interview/investigation process is confidential;
  2. ​ any information communicated by or to the Case Manager during the investigation is not to be disclosed to, or discussed with, others (except with an advisor from whom the person is seeking assistance related to the case, or, a counsellor, physician, support person or the like); and,
  3. failure to abide by this confidentiality requirement will compromise the integrity of the investigative process, and constitutes Category 2 non- academic misconduct.

Insufficient Evidence of Category 2 NAM

If the Case Manager concludes that the evidence does not support a finding of Category 2 non-academic misconduct, the Case Manager shall send a written notice to the complainant, if any, and to the Respondent(s), along with a case report to the nam Intake Office, advising either:

  1. that the evidence does not support a finding of non-academic misconduct; or,
  2. that, while the evidence does not support a finding of Category 2 non- academic misconduct, the evidence could support a finding of other non-academic misconduct.

Upon receiving the case report, the nam Intake Office must either:

  1. close the file if the case report is as described in 28 above; or,
  2. refer the case to the most appropriate of the Alma Mater Society (“ams”), the Athletics & Recreation Department, or, Residences, if the case report is as described in 29 above. When referring a case under this provision, the nam Intake Office must provide a copy of the case report to the receiving office.

Sufficient Evidence – Informal Resolution Process

If the Case Manager concludes that the evidence obtained could support a finding of Category 2 non-academic misconduct and concludes that an informal resolution at this stage is be appropriate, the Case Manager retains the discretion to pursue such resolution with the Respondent(s), following the process described in Paragraphs 17-21 above.

Sufficient Evidence – Referral to Student Conduct Panel

If no informal resolution is reached, or, if the Case Manager determines that an informal resolution is not appropriate, the Case Manager must provide the nam Intake Office with a case report outlining the conclusion(s) of the investigation and the reason(s) therefor. The nam Intake Office will refer the case to a Student Conduct Panel.