30.5.8 Procedures for the Discipline Officer

30.5.8(1)       The following procedures apply in cases in which a Unit Director recommends the imposition of an Intermediate or Severe Sanction, the Director of UAPS recommends a sanction or a Dean recommends the imposition of a Severe Sanction.

30.5.8(2)       The Discipline Officer shall meet with the Student, review the matter and determine if the facts as disclosed by the Unit Director, Director of UAPS or Dean are in dispute. Before such a meeting, the Discipline Officer shall inform the Student of the purpose of the meeting and of the Student’s right to bring an Advisor [30.2.3].

In cases stemming from a breakdown in interpersonal relations, the Discipline Officer may, at the Discipline Officer's discretion, offer to refer the parties to voluntary mediation before proceeding with charges under this Code.  Both parties must agree to pursue mediation.  If as a result of mediation both parties agree the conflict is successfully resolved, no further disciplinary steps will be taken.  (GFC 24 SEP 2007) 

30.5.8(3)       In the event that the Student refuses or fails to meet with the Discipline Officer within a period of time specified by the Discipline Officer, a decision and a sanction shall be arrived at taking into account the available evidence.

30.5.8(4)       The Discipline Officer may or may not decide to follow the recommendations of the Dean, Director of UAPS or Unit Director.

30.5.8(4) a    If the facts are determined not to be in dispute, the Discipline Officer may impose one or more of the sanctions listed in 30.4.3(3).

30.5.8(4) b     If the facts are in dispute, the Discipline Officer shall conduct any necessary investigation, which will normally include talking with all parties involved.    The Discipline Officer may either dismiss the charges or impose one or more of the sanctions listed in 30.4.3(3). Only in the case where the Discipline Officer decides that the Student has not committed an offence may the Discipline Officer remove any sanction imposed by the Unit Director or Dean. Otherwise, the sanction imposed by the Unit Director, or Dean will stand whether or not the Discipline Officer follows the recommendation of the Unit Director, or Dean. (CLRC 30 MAY 2002)

30.5.8(4) c     If the Discipline Officer has determined on the balance of probabilities that the student has committed an offence, the Discipline Officer 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 Discipline Officer take into account any past record of related offences of the Student. (EXEC 01 MAY 2006) (CLRC 18 JUN 2008)

30.5.8(5)        Having completed consideration of the matter, the Discipline Officer shall prepare a decision, which shall include the following: 

30.5.8(5) a     the offence(s) alleged to have been committed by the Student, 

30.5.8(5) b     an overview of the relevant evidence that was presented,

30.5.8(5) c     a summary of the findings of the Discipline Officer, and

30.5.8(5) d     the reasons underlying the decision.

30.5.8(6)       If the Student has been found to have committed an offence under this Code, the decision shall also include the following: 

30.5.8(6) a    any sanction(s) imposed by the Discipline Officer,

30.5.8(6) b    the date any sanction(s) shall take effect,

30.5.8(6) c    information, including any history of related offences, that may have been influential in determining the severity of the sanction, 

30.5.8(6) d    information regarding the Student’s rights to appeal, the deadlines to appeal, and the procedures for appeal, where to get access to the Code and where on-campus assistance is available, and

30.5.8(6) e    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)

30.5.8(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 Discipline Officer will decide which method of delivery will be used.  (CLRC 31 OCT 2002)

30.5.8(8)      The Discipline Officer shall send a copy of the decision to the following individuals:
a) the Appeals Coordinator;
b) Director of UAPS, Unit Director and/or Dean who charged the student;
c) the Dean of the Student’s Faculty;
d) the Instructor who initiated the discipline process, where applicable; 
e) in the case of a graduate Student found to have committed any offences under Section 30.3.2 (Inappropriate Academic Behaviour) or Section 30.3.6 (Other Offences) for academic advantage, the Graduate Coordinator;
f) the Office of General Counsel; and
g) the Provost and Vice-President (Academic), or delegate. (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)

30.5.8(9)       If a sanction is to be noted on the Student’s Central Academic Record or Transcript, the Discipline Officer shall so inform the Office of the Registrar. (CLRC 24 MAY 2012)

30.5.8(10)     The decision of the Discipline Officer may be appealed to the UAB under 30.6 by the Student and/or the Director of CSS, the Unit Director, or Dean. (CLRC 30 JAN 2003)

30.5.8(11)     During the appeal period, a Student appealing to the UAB a decision of Suspension or Expulsion made by the Discipline Officer, may register for Classes and continue to attend Classes. If the Student loses the appeal, no credit will be given for work completed subsequent to the date given in the UAB decision.  (CLRC 26 SEP 2002) (EXEC 10 JAN 2005) (BEAC 22 APR 2005)