30.5.7 Procedures for Deans

30.5.7(1)  The following procedures apply in cases respecting Inappropriate Academic Behaviour [30.3.2], Inappropriate Behaviour in Professional Programs [30.3.3] or Class Disruption [30.3.4(1)] or that there has been Misrepresentation of Facts [30.3.6(4)] or Participation in an Offence [30.3.6(5)] in cases respecting Inappropriate Academic Behaviour, Bribery [30.3.6(7)] for the purpose of of gaining academic advantage, Inappropriate Behaviour in Professional Programs or Class Disruption. In cases involving application-related offences, the Dean may delegate responsibility for the case to the Registrar. (CLRC 30 MAY 2002) (EXEC 04 MAY 2009) (CLRC 03 FEB 2016)

30.5.7(2)   The Dean shall meet with the Student, review the matter and determine if the facts as disclosed by the Complainant or by any University Official who has reported an alleged offence to the Dean are in dispute. Before such a meeting, the Dean shall inform the Student of the purpose of the meeting and of the Student’s right to bring an Advisor [30.2.3].

30.5.7(2) a If the facts are determined not to be in dispute, the Dean may impose one or more of the Minor Sanctions or Intermediate Sanctions listed in 30.4.3(1) or 30.4.3(2). 

30.5.7(2) b If the facts are in dispute, the Dean will review the matter further by talking with all parties involved, complete any necessary investigation, and may either dismiss the charges or impose one or more of the Minor Sanctions or Intermediate Sanctions.    

30.5.7(3)  In the event that the Student refuses or fails to meet with the Dean within a period of time specified by the Dean, a decision, which may include a sanction, shall be made, taking into account the available evidence.

30.5.7(4)  If the Dean has determined on the balance of probabilities that the student has committed an offence, the Dean will contact the Appeals Coordinator to determine if there is a previous discipline record for the Student.  Only when considering what would be an appropriate sanction, may the Dean take into account the disciplinary record, if any, of the Student.  (EXEC 01 MAY 2006) (CLRC 18 JUN 2008)

30.5.7(5)  Having completed consideration of the matter, the Dean shall prepare a written decision. The decision shall include the following:  

30.5.7(5) a  the offence/s alleged to have been committed by the Student, 

30.5.7(5) b  an overview of the relevant evidence that was presented,

30.5.7(5) c  the reasons underlying the decision.

30.5.7(6) If the Student has been found to have committed an offence, the decision shall also include the following: 

30.5.7(6) a  any sanction(s) imposed by the Dean, 

30.5.7(6) b  the date any sanction(s) shall take effect, 

30.5.7(6) c  any recommendation for a Severe Sanction,

30.5.7(6) d  information, including any history of related offences, that may have been influential in determining the severity of the sanction, and

30.5.7(6) e  information regarding the Student’s rights to appeal, the appeal deadlines as set out in 30.6.1(1), and the appeal procedures, where to get access to the Code and where on-campus assistance is available, and (CLRC 30 MAY 2002)

30.5.7(6) f   notice that any sanction that imposes conditions upon the Student, and that specifies an additional sanction to be imposed should those conditions not be met, must be appealed at the time it is imposed and within the time limits set out in 30.6.1(1).  If the conditions are not met, no further appeal is available when the specified additional sanction is imposed.  (EXEC 04 MAR 2002)

30.5.7(7)    The decision shall be sent to the Student in accordance with 30.5.1(6).  Where a Student has requested to pick up the material but fails to do so, the Dean will decide which method of delivery will be used. (CLRC 31 OCT 2002)

30.5.7(8)   The Dean shall send a copy of the decision to the Appeals Coordinator, the Dean of the Student’s Faculty (if different than the Dean who has charged the Student), the Instructor who has initiated the discipline process, and, in the case of a graduate Student, the Graduate Coordinator. (EXEC 08 DEC 2003) (BEAC 11 DEC 2003) (EXEC 02 MAY 2005) (BEAC 02 JUN 2005) (CLRC 24 MAY 2012)

In programs jointly offered with another institution, the partner institution shall be copied on the decision when the charges have arisen as a result of inappropriate behaviour at that partner institution. (EXEC 02 MAY 2005)

30.5.7(9)    If a sanction is to be noted on the Student’s Central Academic Record, the Dean shall so inform the Office of the Registrar. If a sanction Exclusion from all or parts of campus for a specified period of time is levied, the Dean shall so inform the Director of UAPS. (CLRC 24 MAY 2012)

30.5.7(10)  If the Dean believes that owing to the serious nature of the actions of the Student, a Severe Sanction is warranted in addition to or in lieu of any Minor or Intermediate Sanction(s), the Dean may forward a written recommendation for a specific Severe Sanction to the Discipline Officer. 

30.5.7(11)  Where the Dean has decided to recommend to the Discipline Officer that the Student be Expelled, Suspended, or Excluded for an unspecified time, and where the Student is registered in another Faculty, the Dean shall so inform the Dean of the Faculty in which the Student is registered and consult with the Dean regarding the Student’s situation. After making such enquiries as the Dean considers necessary, the Dean shall either revise the recommendation or confirm and forward it to the Discipline Officer.

30.5.7(12)  If the Dean has recommended a Severe Sanction, in addition to or in lieu of the imposition of a Minor Sanction or an Intermediate Sanction, the Discipline Officer shall follow the procedures set out in 30.5.8.  Any Minor or Intermediate Sanction (except exclusion) imposed by the Dean will be suspended until the entire appeal process has been exhausted.  The Dean shall direct the Registrar to withhold Degrees certification of marks and/or transcripts pending the outcome of any appeals.  If a grade sanction forms part of the decision of the Dean or Discipline Officer, a grade of IN will appear on the transcript until such time as the appeal process has been exhausted or the deadline for appeal has passed.  (GFC 24 SEP 2007)

30.5.7(13)  If the Dean has found that an offence has been committed and imposed one or more of the Minor or Intermediate Sanctions, the Student may appeal the finding that an offence has been committed and/or the sanction to the UAB under 30.6.