Code of Student Conduct
Code of Student Conduct(Replacing the Code of Disciplinary Procedures for Students)
3.0 DELEGATION OF AUTHORITY
9.0 HOUSING REGULATIONS
I Memorandum on Maintenance and Use of Records
II Housing Fines
CODE OF STUDENT CONDUCT
1.2 Within the University community there is a collective responsibility to maintain a high level of scholarly integrity. Students are expected to adhere to those principles which constitute proper academic conduct. Academic Misconduct is not covered by this Code. Students should refer to the University Calendar for the procedures relating to “Academic Misconduct”.
1.3 The University, recognizing the unique living arrangements offered to students in University housing, has developed specific procedures to ensure orderly conduct and respect for the rights of others living in University housing. The procedures are outlined in this Code.
1.4 Complaints concerning sexual harassment are not covered by this Code. Students are also subject to the “University-Wide Procedures for Sexual Harassment Complaints”.
1.5 Members of the University community are also subject to the wider criminal and civil laws which govern their lives generally. While breaches of the Criminal Code or other statutes, or activities which give rise to a civil claim would ordinarily be dealt with in other venues, where it is appropriate proceedings may also be brought under this Code in respect of the same events.
(b) a person who resides in University housing;
(c) a person who is entitled to a valid student card who may be between sessions, but who is entitled because of student status to use University facilities;
2.2 ‘Appeals Committee’ means the committee established in accordance with section 7.2 to hear appeals from a Decision;
2.3 ‘Campus’ means any one of the St. John’s campus, the Marine Institute campus, the Grenfell Campus and the Harlow Campus;
2.4 ‘CEP’ means campus enforcement and patrol officers, employees of Campus Enforcement and Patrol division of the University;
2.5 ‘Code’ means this Code of Student Conduct and all rules and regulations contained herein or incorporated by reference;
2.6 ‘Complainant’ is defined as any person who has initiated proceedings under this Code;
2.8 ‘Complaint’ means an allegation of an Offence under this Code by a Complainant against an Accused Student;
2.9 ‘Coordinator’ means the Coordinator of Student Services at the Grenfell Campus or delegate;
2.10 ‘Day’ means Monday to Friday exclusive of holidays as set out in the University Calendar;
2.11 ‘Dean’ means the Dean of Student Affairs or delegate;
2.12 ‘Decision’ means the written findings after the hearing of a Complaint or an Appeal which may or may not include a Sanction;
2.13 ‘Director of Housing’ means the Director of Housing, Food and Conference Services, St. John’s, Manager of Student Housing, Grenfell Campus, General Manager, Harlow, or their respective delegate;
2.14 ‘Executive Director’ means the Executive Director of the Marine Institute or delegate;
2.15 ‘Head of the Campus’ means the Dean, the Principal, the Executive Director or the Head of Harlow Campus as appropriate;
2.16 ‘Head of Harlow Campus’ means the senior administrative officer at the Harlow Campus or delegate;
2.17 ‘Hearing Officer’ means the person or persons appointed under section 5.1.2 to hear a Complaint;
2.18 ‘Housing’ means the students’ residences of the University including Paton College, Burton’s Pond housing, including the court apartments; Grenfell Campus residences and chalets; and Harlow Campus residences;
2.19 ‘Housing Regulations’ means the respective rules and regulations of Paton College, Burton’s Pond Apartments and Grenfell Campus residence and chalets, as set out in the respective house handbooks or otherwise;
2.20 ‘Housing Sanctions’ mean one or more penalties set out in section 9.21 of this Code;
2.21 ‘Investigation Officer’ means the person or persons who are appointed under section 5.1.1 to carry out an investigation of a Complaint;
2.22 ‘Member of the University community’ means a student, employee, faculty member or visitor to the University;
2.23 ‘Offence’ is defined as an action which constitutes a breach of this Code and which is designated an Offence under this Code;
2.24 ‘President’ means the President of the University or delegate;
2.25 ‘Vice President’ means the Vice President of Grenfell Campus or delegate;
2.26 ‘Associate Vice-President’ means the Associate Vice-President of Grenfell Campus or delegate;
2.27 ‘Sanctions’ means one or more penalties set out in this Code, and where the context permits, may include Housing Sanctions;
2.28 ‘Union President’ means, as appropriate, the President of Memorial University of Newfoundland Student’s Union, or President of Graduate Student’s Union, or President of Grenfell Campus Student Union or President of Marine Institute Student’s Union, or the respective delegate;
2.29 ‘University’ means Memorial University of Newfoundland, including Grenfell Campus, Marine Institute, Harlow Campus, the Aquarena, the Field House and University recreational facilities operated by Memorial University Recreation Complex Incorporated, and any institutions affiliated or federated with the University.
3.2 The University shall have the right to expel or suspend a student without prior notification, but only in the case where the behavior of the student is considered by the President to constitute a danger to persons or property or to be hindering a Member of the University community from enjoying rights or pursuing activities within the University.
3.3 Inasmuch as all Members of the University community, whether on or off campus, are subject equally to the civil and criminal laws, they are also entitled to the protection afforded by and under those laws. Thus, the appropriate police authorities may be called to the University whenever circumstances warrant such action. It is the policy of the University to assist and co-operate fully with external policing agencies.
3.4 The Dean is designated by the President with the overall responsibility for the administration of the Code throughout the University. The Head of Campus is authorized to administer the Code on the respective Campus.
4.2 While unacceptable student conduct may be dealt with by procedures applicable to such behaviour within University faculties, schools, departments or divisions, clubs or societies, such conduct may also constitute an Offence under this Code.
4.3 If a student is subject to criminal or civil action, where the conduct giving rise to such action amounts to a grave misconduct which demonstrates flagrant disregard for the University community, the University may initiate an investigation under this Code in respect of such conduct without regard to the pending criminal or civil action.
4.4.2 assaulting another person, threatening any other person with bodily harm, or knowingly causing any other person to fear bodily harm;
4.4.3 creating a condition that unnecessarily endangers the health or safety of other persons;
4.4.4 threatening any other person with damage to such person’s property, or causing any other person to fear damage to her or his property;
4.4.5 engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome and is directed at one or more specific individuals, and
(ii) that exceeds the bounds of freedom of expression or academic freedom as these are understood in University policies and accepted practices, including but not restricted to, those explicitly adopted by the University.
[Note: Vexatious comment or conduct that is based on sex or sexual orientation is considered an offence under the University - Wide Procedures for Sexual Harassment Complaints. If the Sexual Harassment Advisor believes, after consultation with relevant parties, that a complaint based on sex or sexual orientation would be better handled under this Code, the Sexual Harassment Advisor may refer the matter to the appropriate Complaints Officer.]
(b) repeatedly and persistently communicating with, either directly or indirectly, the other person or anyone known to that person;
(c) besetting or repeatedly watching the dwelling house, or place where the other person, or anyone known to that person, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of the family, friends or colleagues of the other person;
4.4.9 taking, destroying or damaging any physical property that is not her or his own;
4.4.10 destroying or damaging information or intellectual property belonging to the University or to any of the Members of the University community;
4.4.11 in any manner whatsoever defacing the inside or outside of any part of the University premises;
4.4.12 possessing effects or property of the University, knowing the effects or property to have been appropriated without authorization;
4.4.13 possessing any property that is not her or his own, knowing the effects or property to have been appropriated without authorization;
4.4.14 creating a condition that unnecessarily endangers or threatens destruction of the property of the University or of any of the Members of the University community;
4.4.17 mutilating, misplacing, misfiling, or rendering inoperable any stored information such as books, film, data files or programs from a library, computer or other information storage, processing or retrieval system;
4.4.18 infringing in an unreasonable manner on the rights of Members of the University community to engage in scholarly work or studies;
4.4.20 acting, threatening or otherwise causing a disturbance that the student knows obstructs any activity organized by the University or by any of its faculties, schools, departments or divisions, clubs or societies, or the right of a Member of the University community to carry on her or his legitimate activities, to speak or to associate with others;
[Note: Peaceful assemblies, demonstrations, picketing or other activity outside a class or meeting that do not substantially interfere with the communication inside, or impede access to the meeting or class, is an acceptable expression of free speech or dissent. And silent or symbolic protest is not to be considered a disruption under this Code. But noise that obstructs the conduct of a meeting or class, or forcible blocking access to an activity, constitutes disruption under this Code.]
4.4.21 counseling, procuring, conspiring with or aiding a person in the commission of an Offence defined in this Code;
4.4.22 contravening the provisions of the Criminal Code or any federal, provincial or municipal legislation for which an Offence is created;
4.4.23 refusing to comply with a Sanction or Sanctions imposed under the provisions of this Code;
4.4.24 being drunk or disorderly on University premises or at a University sponsored event or using, possessing or distributing alcoholic beverages or other controlled substances, except as permitted by law;
4.4.25 using or possessing firearms, explosives, explosive devices, other weapons or dangerous chemicals, except as expressly permitted by law;
4.4.26 refusing to produce identification when asked by CEP, a University official or a residence staff member in the normal course of their duties;
4.4.27 violating any University policies, rules or regulations.
5.1.3 The jurisdiction of an Investigation Officer and a Hearing Officer is only with respect to Complaints arising against Accused Students of the same Campus from which she or he was appointed.
5.1.4 Where the Head of the Campus has reason to believe that an Offence has been committed by a group of Accused Students which includes Accused Students from another Campus, the Heads of the Campus concerned shall consult with each other to determine whether the cases will be investigated jointly by the Investigation Officers from the Campuses concerned or whether the cases will be heard together by one of the Campuses agreed upon by the Heads of the Campuses concerned.
5.1.5 A Complaints Officer, an Investigation Officer and a Hearing Officer may be a student, staff member or faculty member of the Campus from which Campus the appointment is made.
5.1.6 Whenever possible and appropriate, informal resolution and mediation as provided for in section 5.3 shall be used to resolve issues of individual behaviour before resorting to a formal investigation or hearing.
5.1.7 Where procedures have been instituted under the Housing Regulations under this Code, those procedures shall apply as appropriate.
5.2.2 The President or a Head of a Campus may initiate a Complaint where there is reason to believe that a student has committed an Offence under this Code.
5.3.2 Upon receipt of a Complaint which the Head of the Campus determines is appropriate for an informal resolution process, it shall be forwarded to the Complaints Officer designated by the Head of the Campus.
5.3.3 Upon receipt of a Complaint by the Complaints Officer, the Complaints Officer shall contact the Accused Student and the Complainant and attempt to resolve the Complaint to the satisfaction of the parties concerned.
5.3.4 In reaching a mutually agreeable resolution of the Complaint, the Complaints Officer may impose one or more Sanctions set out in sections 6.3.1 to 6.3.6 or recommend the Sanction set out in section 6.3.7.
5.4.2 An Investigation Officer shall attempt to complete an investigation within 15 Days of receipt of the Complaint, unless the time for the investigation has been extended by the Head of the Campus.
5.4.3 Upon completion of the investigation, the Investigation Officer shall provide a written report to the Head of the Campus. The Head of the Campus shall determine, on the basis of the report, whether to proceed to a hearing of the Complaint, in which case a copy of the written report shall be sent to the panel hearing the Complaint.
5.5.2 The following guidelines shall govern the hearing:
(ii) admission of other persons to the hearing shall be at the discretion of the chair;
(iii) the Complainant, the Accused Student, and the Hearing Officer shall be entitled to present witnesses subject to the right to cross-examination each other’s witness;
(iv) the chair shall have the discretion to accept pertinent records, exhibits and written statements as evidence for consideration at the hearing;
(v) procedural questions concerning the conduct of the hearing are at the discretion of the chair unless they are prescribed under this Code;
(vi) where matters are put to a vote by members of the hearing panel, each member of the hearing panel shall have one vote.
5.5.3 The hearing panel shall render a written Decision within 10 days after the hearing and provide a copy of it to the Accused Student, the Complainant and the respective Head of the Campus. The Decision shall state whether the Accused Student has committed each Offence the Accused Student is alleged to have committed, together with any Sanctions to be imposed under section 6.0.
5.6.2 In some circumstances, such as those involving serious threats or violent behaviour, it may be necessary to remove the Accused Student from the University. Where the Head of the Campus has requested an investigation by the Investigation Officer and the investigation is pending, the Head of Campus may suspend, or relocate to another residence, the Accused Student or Accused Students temporarily for up to 10 Days if, in the opinion of the Head of Campus, there is reasonable apprehension that the safety of others is endangered, damage to University property is likely to occur, or the continued presence of the Accused Student would be disruptive to the legitimate operations of the University. The Accused Student shall be informed immediately in writing of the reasons for the suspension and shall be afforded the opportunity to respond. Any such temporary suspension must be reviewed by the Head of Campus within the temporary suspension period, following a preliminary investigation, and either revoked or continued. If the suspension is continued, the Accused Student may appeal to the President (or delegate), who shall review and decide on the appeal within 3 Days.
6.2 In determining the Sanctions to be imposed, consideration may be given to an Accused Student’s previous conduct which was the subject of a Complaint under this Code. A record of Sanctions imposed on an Accused Student will be maintained by the Head of Campus in accordance with Appendix I. Where an Accused Student is subsequently found not to be responsible for the alleged Offence, the relevant record will be deleted.
6.3 The following Sanctions may be imposed on an Accused Student who has been found to have violated this Code:
6.6 Where a Sanction set out in section 6.3.7, 6.3.8 or 6.3.9 has been imposed, and upheld on any appeal, the University shall have the power to record the Sanction on the Accused Student’s record and to disclose the content of the Accused Student’s record as permitted by law.
7.2 At the beginning of each academic year, the President, in consultation with the respective Head of the Campus and the Union President, shall appoint an Appeals Committee. Each Appeals Committee shall consist of 5 students together with an employee of the University who will act as chair. The President, in consultation with the respective Head of the Campus may appoint additional members if for some reason any member of the Appeals Committee is unable to serve.
7.3 An appeal by the Accused Student shall be made within 5 Days of the release of the President’s Decision. No Sanction shall be stayed pending the appeal of the President’s Decision unless a request is made in writing to the Head of Campus, who shall have the discretion whether a stay shall be granted.
7.4 An appeal shall be in writing and shall set out clearly the reasons for the appeal.
7.5 Appeals Committee
(iii) To determine whether the Sanction(s) imposed were appropriate for the violation of the Code which the Accused Student was found to have committed, and if not to substitute or alter the Sanction(s).
(iv) To consider new evidence, sufficient to alter the President’s Decision or other relevant facts not brought out in the hearing because such evidence and/or facts were not known at the time of the hearing.
7.5.4 The panel shall set a date for hearing the appeal, which date shall not be later than 30 days after the panel has received the appeal. The appeal may proceed notwithstanding that no briefs have been received by the panel as provided for in section 7.5.3.
7.5.6 The appeal shall be conducted in accordance with the following guidelines:
(iii) The Accused Student and the Complainant, or their respective counsel or representative, may make a statement to the panel.
(iv) Procedural questions concerning the conduct of the appeal are at the discretion of the panel.
7.6 Board of Regents
8.2 The Head of the Division, the Hearing Officer, the appeal panel and the Board of Regents may be assisted and represented by legal counsel.
9.2 At the beginning of each academic year, a Housing Appeals Committee shall be established for each residence for that academic year, in accordance with the respective procedures outline in this section 9.2.
9.3 Paton College
9.3.3 At least 24 hours prior to each appeals hearing, the Proctor and president of the residence will randomly select seven members from the pool of eligible members of the House Appeals Committee to serve as a panel to appeals from application of the Housing Regulations. The Proctor will notify the members of the panel of the date, time and location for meeting of the panel (should be private and secure - not in any common area or bedroom). The panel has the option of booking a neutral location outside the residence for the hearing of appeals.
9.3.5 Five members will constitute a quorum for the panel. If the quorum is not obtained at the beginning of the hearing, the chair is responsible for rescheduling the hearing at the earliest possible date.
9.7 The panel will convene a hearing of the appeal. Two Days before the commencement of the appeal hearing the Proctor will provide each panel member with the information referred to in section 9.6. The panel will select the chair of the panel and the recorder. The Proctor will not be present during the deliberations of the panel.
9.9 Within 24 hours following the panel’s deliberations, the chair of the panel shall deliver the panel’s Decision in writing, together with all of the documents referred to in section 9.6, to the Proctor.
9.10 Within 24 hours of receiving the panel’s Decision, the Proctor shall deliver the written Decision to the Accused Student or leave it at the Accused Student’s place of residence.
9.11 A further appeal of the Decision of the panel may be made by the Accused Student or the Complainant to the Director of Housing within 7 Days.
9.12 Where a Accused Student has been assessed a fine on three occasions relating to similar Offences, or where the panel has recommended that a Housing Sanction be imposed under section 18.104.22.168 or 22.214.171.124 or 126.96.36.199, the matter shall be referred for review to the Assistant Director of Housing, Food and Conference Services who shall meet with the Accused Student and determine which additional Sanction(s) are appropriate to address the Offences. The Housing Sanctions imposed under this section shall not exceed those set out in Section 9.21.
9.14 If the Housing Sanction imposed by the Director is expulsion, as provided for in section 188.8.131.52 and the Accused Student wishes to appeal that Housing Sanction, the appeal shall be made in writing to the Dean within 7 Days who will take appropriate action. Any further appeal shall be made to the Appeals Committee under section 7.5. If deemed necessary by the Director, the Accused Student shall vacate residence while the appeal from the Decision of the Director is outstanding.
9.15.2 In the event that the Accused Student or Complainant wishes to appeal the Housing Sanction imposed by the Assistant Director of Housing, Food and Conference Services, the appeal shall be made in writing to the Director of Housing within 7 Days who shall review the appeal and decide whether to confirm, deny or modify the Housing Sanction imposed.
9.15.3 If the Housing Sanction imposed by the Director is expulsion, as provided for in section 184.108.40.206 and the Accused Student wishes to appeal that Housing Sanction, the appeal shall be made in writing to the Dean within 7 Days who will take appropriate action. Any further appeal shall be made to the Appeals Committee under section 7.5. If deemed necessary by the Director, the Accused Student shall vacate residence while the appeal from the Decision of the Director is outstanding.
9.17.3 The College Housing staff may respond to breaches of Housing Regulations and may consider the following:
b) Whether the Accused Student understands the breach and is willing to modify the relevant behaviour.
b) Refer the student to the RLO for a hearing.
9.17.7 Within 24 hours of the hearing, the RLO shall deliver a written Decision to the Accused Student or leave it at the Accused Student’s place of residence.
9.17.8 In the event that the Accused Student wishes to appeal the Housing Sanction imposed by the RLO, the appeal shall be made in writing to the MSH within 7 days to the MSH, who shall review the appeal and decide whether to confirm, deny or modify the Sanction imposed. In the event that the MSH has been involved in the any aspect of the Decision, this appeal shall be made to the Coordinator of Student Services. Except as provided for herein, no appeal may be made from a Sanction by the MSH or the Coordinator of Student Services of the College (“Coordinator”).
9.17.11 A Decision, ruling, recommendation or declaration of the Appeals Committee arising out of a Housing Sanction imposed under section 9.17.10 is final and shall not be questioned or reviewed in a court, and an order shall not be made or process entered or proceeding taken in a court whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto or otherwise to question, prohibit or restrain the Appeals Committee or its proceedings.
9.17.12 Where the MSH has reason to believe that a breach of the Housing Regulations concerns non-residents of the Residence or the Chalet where the incident occurred, the matter may be referred for determination under the provisions applicable to where the Accused Student resides, or if not a resident of any Residence or the Chalet, then under this Code.
9.18.2 At the first floor meeting of the academic year, the RLO shall invite residents to apply as members of the DAB for the positions of first year student member, senior student member or student-at-large member. The deadline to receive written applications shall be two weeks following the call for applications. At this time, the RLO shall explain the appeal procedures and the role of the DAB to the residence students.
9.18.3 Once applications are received, the RLO shall meet with the president of the residence council to review applications and select a number of persons as the members of the DAB. The persons selected should represent a cross section of the resident student population. Membership on the DAB shall be for one academic year. Other members on the DAB shall be one RA and one residence council representative, both selected by the RLO.
9.18.4 At least 24 hours prior to each appeals hearing, the RLO will randomly select from the members of the DAB representatives of the student population as a panel for an appeal. The RLO will select one RA and one residence council representative to be members of the panel. The RLO will notify the members of the panel of the date, time, and location for the hearing. The location should be private and secure and not in any common area or bedroom. The panel has the option of booking a neutral location for the hearing of appeals.
9.18.5 The chair of the panel shall be chosen by a majority vote of the panel members. A recorder shall also be selected from the panel whose responsibility it will be to generate a written report on each case heard by the panel. These reports will be given to the RLO, who shall keep them until the end of the academic year. The deliberations of the panel will remain confidential.
19.18.6 Five members will constitute a quorum for the panel. If the quorum is not obtained at the beginning of the hearing, the chair is responsible for rescheduling the hearing at the earliest possible date.
9.18.7 If, in the opinion of any member of the panel, a member is in conflict of interest, a replacement member(s) may be randomly chosen by the chair from the members of the DAB representing the same constituency to ensure a quorum is established.
9.18.8 The RLO shall prepare for each member of the panel all necessary information including: letter of appeal, record of fine levied, records of previous fines imposed, occupancy agreement and the Code. All unrelated identifying information shall be blackened out on all such information provided to the panel. The Accused Student is entitled to review all such information provided to the panel.
9.18.9 The panel will convene a hearing of the appeal. Two Days before the commencement of the appeal hearing the RLO will provide each panel member with the information referred to in section 9.18.8. The panel will select the chair of the panel and the recorder. The RLO will not be present during the deliberations of the panel.
9.18.10 The chair will read the fine/charge and the members of the panel shall review the information. Where the chair deems it appropriate, the chair may invite the Accused Student and Complainant to attend only for the purpose of making a statement to the panel and to answer any questions which the panel may pose. The panel will make its Decision by secret ballot of all members of the panel, which ballots shall be counted by the chair, and determined by majority vote.
9.18.11 Within 24 hours following the panel’s deliberations, the chair of the panel shall deliver the panel’s Decision in writing, together with all of the documents referred to in section 9.18.8, to the RLO.
9.18.12 Within 24 hours of receiving the panel’s Decision, the RLO shall deliver the written decision to the Accused Student or leave it at the Accused Student’s place of residence.
9.18.13 A further appeal of the Decision of the panel may be made by the Accused Student or the Complainant to the MSH within 7 Days of the Decision.
9.18.14 Where an Accused Student has been assessed a fine on three occasions relating to similar Offences, or where the panel has recommended that a Housing Sanction be imposed under section 220.127.116.11 or 18.104.22.168 or 22.214.171.124, the matter shall be referred for review to the RLO who shall meet with the Accused Student and determine which additional Housing Sanction(s) are appropriate to address the Offences. The Housing Sanctions imposed under this section shall not exceed those set out in Section 9.21.
9.20.2 In the event that the Accused Student or Complainant wishes to appeal the Housing Sanction imposed by the General Manager, Harlow the appeal shall be made in writing to the Head of Harlow Campus within 7 Days who shall review the appeal, in consultation with the Program Leader of the Accused Student’s program, and decide whether to confirm, deny or modify the Housing Sanction imposed.
9.20.3 If the Housing Sanction imposed by the Head of Harlow Campus is expulsion, as provided for in section 126.96.36.199 and the Accused Student wishes to appeal that Housing Sanction, the appeal shall be made in writing to the Dean within 7 Days who will take appropriate action. Any further appeal shall be made to the Appeals Committee under section 7.5. If deemed necessary by the Head of Harlow Campus, the Accused Student shall vacate residence while the appeal from the Decision of the Head of Harlow Campus is outstanding.
9.20.4 Where the Head of Harlow Campus has reason to believe that a breach of the Housing Regulations concerns non-residents of the residence where the incident occurred, the matter may be referred for determination under the provisions applicable to the residence where the Accused Student resides, or if not a resident of any residence, then under this Code.
I Memorandum on the Maintenance and Use of Records
The record of cases shall comprise:
(b) the notice of Hearing (including the Offence);
(c) documentary evidence filed at a Hearing;
(d) all Decisions.
Housing fines for respective residences form part of this Code and are subject to change from time to time. Students may obtain a copy of the relevant schedule of Housing fines from the appropriate Housing official on each Campus.
RESIDENTS ARE RESPONSIBLE FOR KNOWING ALL RULES AND REGULATIONS. WARNINGS WILL NOT BE GIVEN!