30.5.2 Procedures for Any Member of the University Community who Believes that a Student has Committed a Violation of the Code of Student Behaviour

30.5.2(1)       A Complainant may initiate proceedings against a Student.

30.5.2(2)       The Complainant must first determine who is the most appropriate person to speak to about the complaint.

30.5.2(2) a             Where the Complainant believes that an offence involving Inappropriate Academic Behaviour [30.3.2] has been committed during a course, the Complainant should first speak to the Instructor of the course.  If it is not possible to speak with the Instructor for any reason or if the Complainant is not satisfied with the results of the conversation, the Complainant should speak to the Dean. 

30.5.2(2) b             Where the Complainant believes a Student has disrupted Class [30.3.4(1)] and should be dismissed from Class, the Complainant should first speak with the Instructor of the Class.  If it is not possible to speak with the Instructor for any reason or if the Complainant is not satisfied with the results of the conversation, the Complainant should speak to the Dean. 

30.5.2(2) c             Where the Complainant believes that an offence involving Inappropriate Behaviour in a Professional Program [30.3.3] has been committed, the Complainant should first speak to the University Official in charge of the Professional Program.  If it is not possible to speak with the University Official for any reason or if the Complainant is not satisfied with the results of the conversation, the Complainant should speak to the Dean. 

30.5.2(2) d             Where the Complainant believes that a Student has committed an Inappropriate Use of University Property and Resources Offence [30.3.5], the Complainant should first speak to the Unit Director (i.e. including but not limited to, the Unit Director for the library, bookstore, AICT, gym, residence hall).  If it is not possible to speak with the Unit Director for any reason or if the Complainant is not satisfied with the results of the conversation, the Complainant should speak to University of Alberta Protective Services. 

30.5.2(2) e             Where the Complainant believes that a Student has committed an Inappropriate Behaviour towards Individuals or Groups Offence [30.3.4, excluding Disruption] or an Other Offence [30.3.6], the Complainant should speak to University of Alberta Protective Services. (EXEC 05 DEC 2011)

30.5.2(3)       If the procedures in 30.5.2(2) have failed to bring resolution or the Complainant chooses to initiate a formal complaint, the Complainant must deliver a written and signed statement explaining the alleged violation of this Code to either the Director of UAPS and/or Dean. The complaint shall be a detailed written description of the incident. This shall include the time and place, person or persons involved, and all relevant information concerning the incident. In order to protect and to ensure the safety of all members of the University Community, discretion will be used in revealing the name of the Complainant to the Student charged, should the complaint proceed. 

30.5.2(4)       The Dean and Director of UAPS shall work jointly on allegations that involve both academic and security matters.  Otherwise they will decide which of them is the most appropriate person to handle an allegation.  Usually Deans shall handle charges related to academic matters and the Director of UAPS shall deal with other matters.

30.5.2(5)       If the Director of UAPS and/or Dean decide to proceed with a complaint, the procedures under 30.5.6(3) and 30.5.7 shall apply.

30.5.2(6)       The Director of UAPS and/or Dean may decline to proceed with and/or investigate a complaint under the following circumstances: (GFC 28 SEP 2015)

30.5.2(6) a             Where the complaint is primarily concerned with regulations of another official University organization, and the Director of UAPS and/or Dean believes that the complaint should be dealt with in accordance with procedures established by that organization;

30.5.2(6) b             Where the Director of UAPS and/or Dean believes that no University rule has been broken; 

30.5.2(6) c             Where the Director of UAPS and/or Dean believes the complaint to be scandalous, frivolous or vexatious; or

30.5.2(6) d             Where one year or more has elapsed since the incident.

30.5.2(7) a               If the Dean has declined to proceed with and/or investigate a complaint then no further proceedings shall be taken respecting the complaint under this Code.  (GFC 28 SEP 2015)

30.5.2(7) b               If the Director of UAPS has declined to proceed with and/or investigate a complaint, the Complainant must be notified.  Written reasons will be provided on request.  The decision shall include information regarding the Complainant's rights to appeal, the appeal deadlines, the appeal procedures, where to get access to the Code and where on-campus assistance is available.  (GFC 28 SEP 2015)

30.5.2(8)       The Complainant may appeal a decision of the Director of UAPS not to proceed with and/or investigate the complaint by delivery of a written letter to the Discipline Officer within 15 working days of the deemed receipt of the decision.  (CLRC 30 MAY 2002) (GFC 28 SEP 2015)

30.5.2(8) a             If the Discipline Officer decides that the decision of the Director of UAPS not to proceed with and/or investigate a complaint was appropriate, a written decision with reasons will be provided and no further proceedings shall be taken respecting the complaint under this Code. (GFC 28 SEP 2015)

30.5.2(8) b             If the Discipline Officer decides that the decision of the Director of UAPS not to proceed with and/or investigate a complaint was inappropriate, the Discipline Officer will conduct any necessary investigation and determine, on a balance of probabilities, whether or not an offence has been committed and what, if any, sanctions will be imposed.  (GFC 28 SEP 2015)

30.5.2(8) c             The decision of the Discipline Officer may be appealed to the UAB under 30.6 by the Student who was charged and/or the Director of UAPS.  The finding that an offence has been committed, the sanction imposed, or both may form the basis of an appeal.  (GFC 28 SEP 2015)