51本色

Skip to main content
12.3 Non-Academic Student Code of Conduct

12.3 Non-Academic Student Code of Conduct

This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail.

Approving Authority: Board of Governors

Original Approval Date: January 30, 1996

Date of Most Recent Review/Revision: June 3, 2021

Office of Accountability: Vice-President: Student Affairs

Administrative Responsibility: Dean of Students Office

1.00 Preamble

1.01 51本色 (“51本色” or “University”) strives to be a supportive community where Students have what they need to support their academic and personal success. Students are regarded as adults with rights and responsibilities as learners and members of our academic community. The Non-Academic Student Code of Conduct (“Code” or “policy”) is one of the tools used to uphold a positive, respectful and learning-centered environment.

1.02 51本色 is committed to equity, diversity and inclusion (EDI) and Indigeneity as part of its core values, and understands that a safe, respectful and positive learning environment requires recognition of the dignity and value of all members of the University Community. The Code seeks to balance the rights and responsibilities of individual Students by supporting developmental, restorative, education-focused processes, and the opportunity to reflect and learn from experiences.

1.03 The University will respond to all Reports equitably and expeditiously. Responses, including the application of sanctions, will be guided by a commitment to respectful treatment of all individuals and procedural fairness.

1.04 The University provides a range of supports and processes for Students. Concerns relating to an experience of harassment, violence, or discrimination may be addressed through Policy 6.1: Prevention of Harassment and Discrimination and the supports available through the .

1.05 Resources, education and support can also be accessed through the , and, the .

2.00 Purpose

2.01 The purpose of the Non-Academic Student Code of Conduct Policy is to set out the University’s expectations for Students’ non-academic conduct, as well as outline how 51本色 will respond to and address non-academic misconduct by Students.

2.02 51本色 supports the expression, testing and challenging of a range of perspectives and ideas, including those that may be deemed difficult. Nothing in this Code should be interpreted as prohibiting peaceful assemblies and demonstrations, lawful picketing, or inhibiting freedom of expression.

3.00 Definitions

Unless the context requires a different meaning or additional explanation, the following definitions apply:

3.01 Complainant: Any Member of the University Community or broader community who brings forward a Report under the Code and its procedures.

3.02 Conduct Process: Any process addressing conduct under this policy and procedures, including meetings, hearings, and appeals processes.

3.03 Dean of Students Office: The office that is responsible for the management of the student conduct process.

3.04 Report: Making a Report initiates the procedures related to the Code. A Report may prompt an internal or external investigation and may result in a range of possible measures and sanctions. Such action will require a declaration of the particulars of the allegations to the University (e.g., names, date, details of the incident) for the purpose of due process and procedural fairness. Special Constables Service Incident Reports also form the basis for a Report.

3.05 Respondent: The Student against whom allegations of a breach of the Code have been made. Use of this term does not imply pre-determination that the Respondent is culpable or has engaged in misconduct.

3.06 Sanction(s): A co-created, developmentally and educationally based outcome that repairs identified harm(s) and is appropriate given the unique context of each case. Sanctions can be used independently or in combination for any single violation or violations of this Code.

3.07 Student: An individual registered in a course of study as a student at the University, either full-time or part-time, pursuing undergraduate, graduate, or non-degree certificate programs.

3.08 Student Conduct Administrator: The administrator responsible to investigate and adjudicate the alleged misconduct.

3.09 Support Person: Any Student involved in a Conduct Process may request the assistance of a Support Person who may be internal or external to the University. The Support Person is an inactive participant in any conduct meetings and is available to assist the Student in the Conduct Process.

3.10 Members of the University Community: Persons who currently work or study (in person or online) on any 51本色 campus. Members include Students (including student groups), Employees, adjunct and visiting faculty, and volunteers at 51本色.

3.11 University Property: All buildings or property owned, leased, or operated by the University.

4.00 Jurisdiction/Scope

4.01 This policy and the accompanying procedures apply to all Students as defined in section 3.07, and as more specifically set out in section 4.03. By enrolling in 51本色, Students accept university policies and regulations and acknowledge the right of the University to address misconduct. Efforts to uphold the Non-Academic Student Code of Conduct shall be reasonable, commensurate with the seriousness of the violations, and will follow principles of restorative justice. The University reserves the right to impose measures (including but not limited to termination of its relationship with the Student) on an interim or permanent basis for conduct that is detrimental to the educational goals of the University.

4.02 All Students are expected to obey the laws of Canada, the Province of Ontario, and the cities in which they study, work, and live. Application of this policy is separate and independent of actions through criminal or civil legal proceedings. Procedures set out under this policy may be suspended when there are criminal or civil proceedings; however, the University may resume action under this and other applicable University policies when appropriate. Where legislation or regulation conflicts with this policy (including procedures under the policy), these legal obligations supersede the application of this policy.

4.03 This Code applies to:

4.03.01 Conduct that occurs in or on all University Property;

4.03.02 The behaviour of a Student’s invited guests on campus and at University events;

4.03.03 Conduct that occurs at a University-sanctioned program, event, or activity, whether the program, event, or activity is on campus or off campus; 

4.03.04 Persons who withdraw after allegedly violating the code or who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered “Students”, and the allegation against them may need to be resolved prior to being able to attend classes; and

4.03.05 Conduct that occurs off campus when students have violated laws (refer to 6.01.13) or university policies. In these instances, the Student may be held accountable for their off-campus actions by the university:

a. When the Student is acting as a designated representative of the University or a student organization affiliated with the University or when the individual holds out that they are a representative of the University or a representative/member of a student organization affiliated with the University;

b. When the Student is participating in a course-related activity, including but not limited to, practicums, placements, volunteering, or exchange programs; and

c. When the Student’s conduct might reasonably be seen to have an adverse effect on, interfere with, or threaten the proper functioning of the University, its mission, or the rights of a Member of the University Community to use and enjoy the University’s learning and working environments, or that raises concerns for the safety or security of an individual or individuals while on campus or while participating in University programs, events, or activities (e.g., criminal charges for violence that could impact campus safety).

4.04 This Code will not apply to conduct that:

4.04.01 Is more appropriately addressed under another University policy, procedure, or external professional body; and

4.04.02 Occurs when the Student is acting in the capacity as a 51本色 employee.

4.05 The University will work with other academic institutions where Students are cross-registered to facilitate the application of this policy and procedures.

5.00 Retaliation and Reprisal

5.01 The University will not tolerate any retaliation or reprisal through any means including through social or other electronic media, against anyone who reports non-academic misconduct, makes a Report, or who participates in a University process that is addressing allegations of non-academic misconduct under this Code. Retaliation or threat of retaliation or reprisal may result in further disciplinary action under this Code or other University policies.

6.00 Policy

6.01 Prohibited Student Conduct: Students are expected to model good citizenship, and to engage in responsible and respectful conduct. The following list sets out examples of prohibited conduct. It is not intended to be exhaustive or exclusive.

6.01.01 Contravention of University Regulation

a. Violation of any University policy, rule, or regulation published or posted by the University.

6.01.02 Disruption or Interference

a. Disruption or obstruction by action, threat or otherwise, of any University activity including teaching, learning, research, administration, disciplinary proceedings, events, or any behaviour or conduct that disrupts the normal operations of the University and infringes on the rights of other Members of the University Community;

b. Interfering with, obstructing, disrupting, misleading, or failing to comply with the directions of any University official or Special Constable Service or their designate (e.g. Police, Fire, or Ambulance response) acting in the performance of their duties and in the scope of their employment; and

c. Causing, inciting, or participating in any disturbance that presents a clear and present danger to others, causes physical harm to others, or results in damage and/or destruction of property on or off campus.

6.01.03 Misconduct Involving Other People

a. Any physical harm or threat of physical harm to any person;

b. Intimidation, threats, or coercion that create conditions that endanger the health, safety, or well-being of any person;

c. Any use of, recording of, or dissemination of information including audio or visual images of an individual without their consent that is unwelcome and/or known or ought to reasonably be known to cause harm or distress; and

d. Unwelcomed contact (including written or electronic communication) against another individual that is severe, pervasive, persistent, and objectively offensive in ways that substantially interfere with the ability of a person to work, live, learn, or participate in the life of the University.

6.01.04 Hazing

a. Engaging in conduct that is, or is reasonably seen to be, humiliating or demeaning to another person or coercing, enticing, or inciting a person to commit an act that is, or is reasonably seen to be, humiliating or demeaning to that person or to others for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the harmed party will not be a defence. Apathy or acquiescence in the presence of such conduct are not neutral acts and will be considered violations of this Code; and

b. Forcing, through any means or requiring violation of municipal, provincial, federal laws, and/or violation of university policies as a condition of membership in a group.

6.01.05 Misconduct Involving Property

a. Unauthorized entry and/or presence on any premises of the University or any premises used for University sponsored programs, events, or activities;

b. Misappropriation, damage, unauthorized possession, defacement, vandalism, and/or destruction of premises or property of the University or the property of others on or off campus;

c. Attempted or actual theft of, use of, and/or possession of property known to be stolen, or taking property of another without consent, even with an intent to return the property;

d. Use of University facilities, equipment, or services contrary to expressed instruction or without proper authority;

e. Misuse of University supplies and documents, including equipment, library and technology resources, keys, transcripts, and permits; and

f. Interfering with, obstructing, or tampering with University emergency telephones, fire protection equipment, or emergency facilities (e.g., fire bells, fire extinguishers, fire hoses), disconnecting or blocking fire alarms, setting unauthorized fires, raising a false fire alarm, or blocking or wedging open fire and smoke doors in corridors or stairways.

6.01.06 Misrepresentation or False Information

a. Furnishing false, incomplete, or misleading information about oneself or another individual;

b. Failing to provide identification and comply with requests of University officials, Special Constable Service, or local police service acting in the scope of their duties, including failure to identify oneself when requested to do so; and

c. Forging, altering, or misusing any document, record, card, or instrument of identification.

6.01.07 Drugs and Controlled Substances

a. Distribution, attempting to distribute, possession, or attempting to possess, misuse, consume, cultivate, or manufacture controlled substances, including prescription and non-prescription drugs in any amount except as expressly permitted by law; and

b. Possession, or attempting to possess, manufacture, and/or use any drug related paraphernalia except as expressly permitted by law.

6.01.08 Smoking and Alcohol

a. Contravention of federal, provincial, or municipal smoking laws, or violation of University policies relating to smoking on University Property; and

b. Contravention of federal, provincial, or municipal liquor laws or violation of University policies relating to the possession, distribution and/or consumption of alcoholic beverages on University Property.

6.01.09 Misuse of Information Technology and Social Networking Applications

a. Contravention of federal, provincial, or municipal laws or violation of University policies relating to the use of information technology.

6.01.10 Improper Use of Dangerous Objects and Substances

a. Storage, possession, or use of firearms including pellet guns, explosives, or other weapons, flammable solvents, biohazardous, or volatile or poisonous materials except in areas formally designated for that purpose by authorized University personnel.

6.01.11 Aiding in the Commission of an Offence

a. The use of words or actions that encourage or aid others in the commission of an act that is in violation of this Code.

6.01.12 Abuse of the Non-Academic Student Code of Conduct Process

a. Failure to comply with any processes, requirements, or sanctions imposed through the Conduct Process;

b. Knowingly or maliciously bringing a false charge against any student or assisting another in the laying of such a false charge under this Code; and

c. In any way obstructing the application of this Code.

6.01.13 Violation of Law

a. Conduct that would constitute a violation of any provincial, federal, and applicable municipal laws, including violations of local Bylaws.

6.02 Student Conduct Records

6.02.01 Student conduct records will be maintained within the Dean of Students Office for the campus where the Student is primarily registered. Records will be retained in accordance with University records management policies and protocols.

6.02.02 Student conduct records will be accessed by University employees as required for the administration of this policy and in accordance with University policies and procedures and applicable law.

6.02.03 A Student’s official academic transcript will not include notation of a breach of this policy or any Sanctions applied under this policy except where there is a Sanction of suspension or expulsion. Suspensions are noted on the Student’s transcript for the duration of the suspension. Expulsions are noted on the Student’s transcript permanently.

6.03 Support For Harmed Parties

6.03.01 The University is committed to providing appropriate support and referrals to Students, staff, or faculty who have been harmed by violations of this Code.

Related Policies, Procedures and Documents

脳