Student Code of Conduct

1. Purpose

a. The University of Prince Edward Island is committed to creating a scholarly community characterized by honesty, civility, diversity, free inquiry, freedom from harassment, mutual respect, and individual safety. Each student is responsible for his/her conduct which affects the University community. b. The Student Code of Conduct is intended to emphasize an instructive rather than a judicial approach to student conduct. The purpose of this policy is to define students’ basic responsibilities as members of the academic community, to define inappropriate student conduct, and to provide procedures and penalties to be invoked and applied if students engage in such unacceptable behaviour. c. This Code shall not be construed to unreasonably restrict peaceful assemblies, demonstrations, or free speech.

2. Scope

a. This policy covers the conduct of UPEI students in university-related activities. University-related activities include an activity of any type operated under University auspices at any location.

3. Responsibility

a. The Director of Student Services will be responsible for the implementation of this policy, and chairs the Student Discipline Committee.

4. Policy

a. Misconduct for which students at the University will be subject to discipline includes, but is not limited to:

i. Disruptive or dangerous behaviours—no student shall:

1. by word or action, infringe on the rights of others to participate in University activities;
2. create a situation which endangers or threatens the health, safety, or well-being of another individual; or
3. harm, injure, or threaten any person.

ii. Damage, destruction, and theft—no student shall:

1. possess or use University property or property of any member of the University community without appropriate consent or authority;
2. misappropriate, destroy, or damage University property or resources;
3. misappropriate, destroy, or damage others' property on the University campus; or
4. deface any University building or property, or possess or use property belonging to someone else, which is acquired in connection with a University activity, without appropriate consent or authority.

iii. Fraud and misuse—no student shall:

1. forge, misuse, or alter any University document or record in paper or electronic form; or
2. enter, remain in, or willingly allow others to have access to areas designated for faculty or staff without proper authorization.

iv. Unauthorized entry or presence—no student shall:

1. enter or remain in any University building or facility; contrary to express instruction from a person in authority or
2. enter, remain in, or willingly allow others to have access to areas designated for faculty or staff without proper authorization.

v. Violation of University policies

1. no student shall contravene any University policy, such as, The Fair Treatment Policy, Residence Life Agreement, Computer Use Policy, Library Policies, or UPEI Athletics Player Code of Conduct.
2. in such instances, the applicable policy and procedures shall be followed.

vi. Misuse of Disciplinary Procedures

1. no student shall falsify or misrepresent information, or cause others to falsify or misrepresent information which either leads to, or is presented at, an internal disciplinary hearing.

b. General Principles and Procedures

i. Complaints of student misconduct may be addressed by the most appropriate authority and policy whenever possible.

ii. Complaints of student misconduct may be resolved by informal means whenever possible.

iii. Where informal resolution is inappropriate or unsuccessful, an impartial forum is provided in which there will be a thorough examination of allegations of misconduct on the part of students. This examination shall be undertaken by the Student Discipline Committee, and will provide individuals with an opportunity to respond in a timely manner to allegations of misconduct, and, if appropriate, recommend a course of action.

iv. Student Disciplinary Hearings will adhere to principles of natural justice and fairness. The appropriate standard for a decision in this process in proof on the balance of probabilities.

v. Hearings of the Student Discipline Committee are confidential and all members of the committee shall respect the confidentiality of the proceedings.

vi. A student may appeal decisions of the Student Discipline Committee to the Senate Committee on Student Discipline Appeals.

vii. Students may wish to consult with the Student Union Student Ombudsman or Student Services regarding clarification of procedures.

viii. The University may proceed with a case even if it is also being dealt with in proceedings external to the University.

c. Misconduct Hearing

i. An incident of student misconduct may involve one or more University policies. In those instances when an appropriate authority has acted and a resolution has been achieved, this action shall be noted in a summary report and sent to the Director of Student Services in a timely manner.

ii. In all other incidents of alleged student misconduct, a written report of the incident shall be forwarded, within five (5) days of the complainant having become aware of the misconduct, to the Director of Student Services.

iii. In harassment cases, the written report of the incident shall be sent to the Fair Treatment Advocate.

iv. Upon receiving a written complaint, the Director of Student Services shall verify and clarify as necessary the details of the complaint, and shall establish a time and place for a hearing of the complaint, to be held wherever possible within ten (10) days of receiving the complaint. The Director of Student Services shall notify the student respondent that a complaint has been received and invite the student respondent to meet to:

1. clarify the process for dealing with such complaints;
2. provide an opportunity for the student respondent to offer an initial response to the alleged misconduct, and;
3. provide an opportunity for the student to admit to the misconduct, with or without explanation, and avoid a full disciplinary hearing.

v. If the Director of Student Services has heard an admission of misconduct from the student respondent, he/she shall advise the student of his/her decision regarding a penalty. The student may accept this decision or may request a full hearing of the Student Discipline Committee.

vi. A student respondent who accepts this decision shall not have the right to an appeal subject to the complainant’s right to appeal.

vii. In the absence of an admission of misconduct, the Director of Student Services shall serve the student respondent with notice in writing of the time and place of the hearing and the nature of the alleged misconduct no later than 72 hours prior to the time set for the hearing. This notice may be waived by mutual agreement.

viii. The action or actions taken by the Director of Student Services shall be documented. The student should be advised that a copy will be retained in the Office of Student Services and that in the event of any further reports of misconduct, the report may be used in determining a penalty for subsequent offences.

ix. The Student Discipline Committee shall consist of:

1. Director of Student Services, as Chair.
2. Two members of UPEI faculty or staff (plus alternates) to be appointed by the President.
3. Two students (plus alternates) selected by University Student Union Student Council.
4. The Chair shall vote only in the case of a tie.

x. A quorum for the Student Discipline Committee shall require 3 members with at least one from each of categories 2 and 3 above.

xi. At the beginning of a hearing, the Chair shall ask the student respondent to admit or deny the allegations of misconduct. In the event that the student respondent neither admits nor denies the allegations, the Chair shall consider that the student respondent denies the allegations and require the complainant to provide evidence in support of the complaint.

xii. The Student Discipline Committee shall have the authority to determine the procedure to be followed at any disciplinary hearing, but in every case shall first provide both the complainant and then the student respondent the opportunity to testify personally, to call witnesses, and to make representations.

xiii. Both the complainant and the student respondent shall normally present their cases without the necessity of legal or other representation.
In appropriate circumstances, a student may be permitted to be assisted by an advisor, legal or otherwise, but in any case, where a person wishes to have representation, he/she shall so advise the Chair of the Student Discipline Committee not less than 24 hours prior to the hearing.

d. Decision

i. The Student Discipline Committee shall, within five (5) days of the conclusion of a hearing, render its decision in writing.

ii. A decision of the Student Discipline Committee shall be a decision of a majority of the Committee.

iii. The student respondent and the complainant shall be sent a copy of the decision, and a copy of the decision shall be sent to the President of the Student Union and the President of the University.

iv. Discipline reports are retained until such time that the student respondent graduates, or has not been registered for more than a full academic year beyond the academic year during which the misconduct occurred.

e. Penalties

i. Penalties/remedies imposed by the University for misconduct may include but are not limited to one or more of the following courses of action, which shall be put in writing and sent to the student:

1. dismiss the complaint;
2. suspend the imposition of any penalty, either conditionally or absolutely;
3. recommend professional assistance;
4. issue a formal reprimand;
5. assess and recover costs to rectify the damage or loss caused by the student;
6. require the student to write a letter of apology;
7. require performance of community service (up to 50 hours);
8. recommend to the President suspension or expulsion of the student respondent from the University.

ii. In deciding on the appropriate sanction to be imposed for an act of student misconduct, consideration may be given to the following factors:

1. the extent of the misconduct;
2. the inadvertent or the deliberate nature of the misconduct;
3. whether the act in question is an isolated incident or part of repeated acts of misconduct; and
4. any other mitigating or aggravating circumstances.

f. Appeals

i. If either the complainant or the student respondent wishes to dispute the decision of the Student Discipline Committee, he or she may forward the case to the Senate Committee on Student Discipline Appeals, in writing, stating reasons, within five (5) days of the date of notification of the decision. ii. Grounds for appeal shall be limited to the disclosure of new and relevant evidence not available at the original hearing, the severity of the penalty, and/or procedural impropriety.

5. Review

a. This policy shall be reviewed one year after implementation, and every five years thereafter.