Overview of Process and Resolution

Every case of Non-Academic Misconduct (NAM) is different. In some cases, there will be lots of meetings with a Case Manager in the Student Conduct Office and in other cases there may be just one or two. It depends on the participants and the nature of the misconduct. The following content illustrates the basic process for alleged Category 2 violations of the Student Code of Conduct. The Non-Academic Misconduct Intake Office (NAMIO) refers allegations of Category 1 NAM (generally less serious incidents) to one of the other NAM Units (i.e. AMS, Residences, Athletics & Recreation). Case Managers have the discretion to deviate from this process when appropriate.

For information about the process regarding alleged violations of the Policy on Sexual Misconduct and Sexual Violence Involving Students, please click here.

Intake

The Non-Academic Misconduct Intake Office (NAMIO) decides that the report of NAM meets the threshold for Category 2 misconduct under the Student Code of Conduct. The case is referred to the Student Conduct Office. At this point, a Case Manager is assigned. The Case Manager may impose interim measures. 

Fact-Finding

The Case Manager will reach out to students involved in the case to gather information. This information could include statements of experience, pictures, videos, and/or digital messages. After the Case Manager has enough information to make a decision on the balance of probabilities, the case will move to a resolution stage. 

Resolution

Case Dismissal: There is no evidence of NAM, or not enough evidence to make a finding. 
Informal Resolution: The student accepts responsibility for their actions and outcomes are agreed upon. 
Formal Resolution: The Case Manager makes a decision of responsibility and assigns sanctions when an Informal Resolution cannot be reached or is not appropriate.

Appeals

In cases with a formal resolution, a student may appeal the decision to the NAM appeal panel. The grounds for an appeal are Breach of Procedural Fairness and/or Acting without Authority. Learn more about the appeal process on NAM Appeals website.

NAM Appeals Website

Things to know about the Student Code of Conduct and the NAM process

All students acknowledge their responsibility to adhere to the Code before registering for classes on SOLUS. Adherence to the Code is an important term of the contract between each student and the University.

  • Transcripts: If you are found responsible for NAM it will not appear on your transcript, except in circumstances where a student has been sanctioned with a Requirement to Withdraw (e.g., suspension or expulsion).
  • Family: Your parents will not be notified by the Student Conduct Office. With your consent, a Case Manager may speak with your parent or Support Person. Some students prefer to have the support of their parents when participating in a NAM process and our system allows for this to occur. The university in accordance with applicable procedures may reach out to an emergency contact in limited extenuating circumstances.
  • Private Records: We keep any records of NAM in accordance with FIPPA and the university's Records Management Policy.

The length of a NAM case depends on the participants and the complexity of the case. Some may be resolved in 2-3 weeks and some may take a full academic term or longer.

  • You will be treated fairly in a NAM process. Fair treatment includes being respected, being notified of the case and meetings, having an opportunity to be heard, being informed of decisions and reasons, and having the right to appeal findings of responsibility and sanctions.
  • Decisions about whether or not a violation of the Code has occurred are made on "a balance of probabilities". What this means is that the decision maker has to believe that it is more likely than not that a violation of the Code occurred in order to make a finding of responsibility.
  • We approach outcomes (sanctions) from an educational and restorative lens and reserve the right to use corrective sanctions when necessary to maintain a safe campus environment.

 Learn more on our Restorative Approaches and Practices page

Support Persons

A Support Person is a person whose role is to provide emotional support and assistance to you in understanding the information being provided about the NAM process. The person you choose to be your Support Person must not be a potential witness in the investigation. A Support Person does not generally have a speaking role and is not present to advocate, represent, or speak on your behalf.

The University Ombudsperson cannot fulfill the role of a Support Person. They are available to provide information and/or clarity about any University Policy or procedures or refer to resources.

Advisors

An Advisor is a more formal type of Support Person, such as legal counsel. Students who are involved in serious incidents of NAM may wish to consider obtaining advice from legal counsel or another legal advisor, at their own expense. Even where a student has retained the assistance of an Advisor, those involved in the NAM process (e.g., Case Manager, Investigator, decision-makers) retain the right to address the student directly. Moreover, the student's Advisor is not ordinarily permitted to answer questions on the student's behalf in a Non-Academic Misconduct proceeding. If the matter proceeds to a hearing, your Advisor is permitted to make an opening statement and to make submissions on your behalf. They are not permitted to give evidence or reply to questions directed to you. 

Participants may be involved in both a NAM process and a criminal/civil proceeding for the same incident. Fact-finding inquiries by the Student Conduct Office are internal administrative processes that are separate and independent from any parallel criminal/civil proceeding. A person who submits a complaint of NAM always has the right to take personal legal action for the same incident.

We know that the NAM process can be stressful and encourage you to take advantage of campus and community supports. The Case Manager can help connect you to support resources on campus.

For more general information on NAM

If you are interested in learning more about the entire NAM system, check out the Non-Academic Misconduct website.