30.5.6 Procedures for University of Alberta Protective Services

30.5.6(1)  The following procedures apply in cases respecting Inappropriate Behaviour towards Individuals or Groups, excluding Disruption in Class [30.3.4(1)a], Inappropriate Use of University property and Resources [30.3.5] and Other Offences [30.3.6]. (EXEC 05 DEC 2011)

30.5.6(2)   Violation Notice Procedures

A member of UAPS may, because of the minor nature of the conduct in question or of its effects may issue and serve the Student with a Violation Notice in lieu of initiating any other proceedings to be initiated under this Code. Violation Notices may be issued for Inappropriate Behaviour towards Individuals or Groups (excluding Disruption in Class [30.3.4(1)a], Discrimination [30.3.4(2)], sexual or physical contact with another person without that person’s consent [30.3.4(6)a] or harassment or sexual harassment [30.3.4(6)d]); Inappropriate Use of University Property and Resources [30.3.5] and Other Offences [30.3.6] excluding Alcohol Provision and Consumption [30.3.6(1)]. (EXEC 05 DEC 2011)

30.5.6(2) a      A Violation Notice shall set out

30.5.6(2) a.i    the name of the Student,

30.5.6(2) a.ii   the applicable offence,

30.5.6(2) a.iii  the name of the member of UAPS who issued the Violation Notice,

30.5.6(2) a.iv  the date on which the Violation Notice was issued,

30.5.6(2) a.v   the amount of the fine as specified in 30.5.6(2) c and,

30.5.6(2) a.vi  the following notice:

“This Violation Notice is issued by the authority of the Board of Governors and the General Faculties Council of the University of Alberta for a contravention of the Code of Student Behaviour. Payment in the amount specified hereon must be made to the University of Alberta Financial Services within 15 Working Days of the date of the Violation Notice. Payment shall be accompanied by this Violation Notice.

“This Violation Notice may be contested within 15 Working Days following the date of its issuance. If the basis for contest is that the Violation Notice has been improperly completed, the challenge must be made in person or in writing to University of Alberta Protective Services. In all other cases the challenge shall be made in writing to the Discipline Officer and the Student may request to appear in person before the Discipline Officer.

“If the Student fails to pay the fine or to contest the Violation Notice within 15 Working Days, the University shall be entitled to encumber the Student’s Academic Record (i.e. make a notation that may result in the withholding of grades or other indicators of academic attainment, withholding of transcripts, or denial or termination of registration) as provided under 30.4.2(3) of the Code of Student Behaviour.

“Further information respecting this Violation Notice may be obtained from University of Alberta Protective Services”

30.5.6(2) b      A Violation Notice shall be served on the Student in accordance with 30.5.1(6).

30.5.6(2) c      The specified sanctions listed in 30.4.3(1) c may be levied under a Violation Notice.

30.5.6(2) d      Payment of the amount set out in the Violation Notice must be made to Financial Services within 15 Working Days of the date of the Violation Notice.

30.5.6(2) e      A Student may contest the Violation Notice within 15 Working Days of its issuance. 

30.5.6(2) e.i    If the Student contests the Violation Notice on the grounds that the Violation Notice was incorrectly completed, the challenge must be made in person or in writing to the Director of UAPS. The decision of the Director of UAPS in regard to the accuracy of completion of the Violation Notice is final and binding.

30.5.6(2) e.ii   If the Student contests the charge in the Violation Notice that the Student has committed an offence, and/or the sanction imposed, the Student shall do so in writing to the Discipline Officer.  The Discipline Officer will meet with the Student and conduct an investigation.  The Discipline Officer may dismiss the charges, vary the sanction, or uphold the original Violation Notice.  Sanctions are limited to those provided for on the Violation Notice.  The Discipline Officer's decision is final.  (GFC 24 SEP 2007) (BEAC 17 OCT 2007) (CLRC 28 AUG 2014) 

30.5.6(2) f       If the Student fails to pay the fine or to contest the Violation Notice within 15 Working Days, the University shall be entitled to encumber the Student’s Academic Record as provided under 30.4.2(3).

30.5.6(2) g      Notwithstanding that a Student has paid the fine specified under a Violation Notice issued under the provisions of this Code, proceedings under other provisions of this Code may be initiated by University Officials other than members of UAPS. In such cases, the amount of the fine paid under the Violation Notice by the Student shall be taken into consideration by any decision making body in determining the appropriate sanction for the Student.

30.5.6(2) h      Neither the payment of a fine nor the failure to appeal a Violation Notice shall be taken as evidence that a Student has committed an offence in any proceedings under this Code, except in Violation Notice procedures.

30.5.6(3)       Recommendation to the Discipline Officer

30.5.6(3) a   Except in cases involving Violation Notices, if the Director of UAPS decides to proceed with a complaint or if an offence is detected by a member of University of Alberta Protective Services, an investigation shall be conducted and, if disciplinary measures are believed to be warranted, the results of the investigation along with a recommendation as to the appropriate sanction shall be forwarded to the Discipline Officer.

30.5.6(3) b   The Discipline Officer shall follow the procedures set out in 30.5.8.