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Conduct: Code Of Student Conduct


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Summary of Code of Student Conduct

Non-academic offences are defined in the University's Code of Student Conduct (1992), the full text of which may be obtained from the Office of the Assistant Vice-President, Student Affairs. A summary of the Code is provided below.

Extracts from the Code are printed here in ordinary type, and additional comments etc., are in italics. Ref- erences in square brackets are to original section numbering in the Code.

[B.] Offences

The following offences constitute conduct that shall be deemed to be offences under this Code, when com- mitted by a student of the University of Toronto, provided that such conduct:

(i) has not been dealt with as failure to meet standards of professional conduct as required by a college, faculty or school; and

(ii) is not specifically assigned to the jurisdiction of the University Tribunal, as in the case of offences described in the Code of Behaviour on Academic Matters, or to another disciplinary body within the University of Toronto, as in the case of sexual harassment as described in the Policy and Procedures: Sexual Harassment; and

(iii) except as otherwise provided herein, occurs on premises of the University of Toronto or elsewhere in the course of activities sponsored by the University of Toronto or by any of its divisions.

1. Offences Against Persons

(a) No person shall assault another person sexually or threaten any other person with sexual assault.

(b) No person shall otherwise assault another person, threaten any other person with bodily harm, or knowingly cause any other person to fear bodily harm.

(c) No person shall knowingly create a condition that unnecessarily endangers the health or safety of other persons.

(d) No person shall threaten any other person with damage to such person's property, or knowingly cause any other person to fear damage to her or his property.

(e) No person shall engage in a course of vexatious conduct that is directed at one or more specific individuals, and that is based on the race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, handicap, receipt of public assistance or record of offences of that individual or those individuals, and that is known to be unwelcome, and 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.

(Note: terms in this section are to be understood as they are defined or used in the Ontario Human Rights Code.)

(f)(i) No person shall, by engaging in the conduct described in subsection (ii) below, whether on the premises of the University or away from the premises of the University, cause another person or persons to fear for their safety or the safety of another person known to them while on the premises of the University of Toronto or in the course of activities sponsored by the University of Toronto or by any of its divisions, or cause another person or persons to be impeded in exercising the freedom to participate reasonably in the programs of the University and in activities in or on the University premises, knowing that their conduct will cause such fear, or recklessly as to whether their conduct causes such fear.

(ii) The conduct mentioned in subsection (i) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly and persistently communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or repeatedly watching the dwelling-house, or place where the other person, or anyone known to them, 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.

2. Disruption No person shall cause by action, threat or otherwise, a disturbance that the member knows obstructs any activity organized by the University of Toronto or by any of its divisions, or the right of another member or members to carry on their legitimate activities, to speak or to associate with others.

For example, peaceful picketing or other activity outside a class or meeting that does not substantially interfere with the communication inside, or impede access to the meeting, is an acceptable expression of dissent. And silent or symbolic protest is not to be considered disruption under this Code. But noise that obstructs the conduct of a meeting or forcible blocking of access to an activity constitutes disruption.

3. Offences Involving Property

(a) No person shall knowingly take, destroy or damage premises of the University of Toronto.

(b) No person shall knowingly take, destroy or damage any physical property that is not her or his own.

(c) No person shall knowingly destroy or damage information or intellectual property belonging to the University of Toronto or to any of its members.

(d) No person, in any manner whatsoever, shall knowingly deface the inside or outside of any building of the University of Toronto.

(e) No person, knowing the effects or property to have been appropriated without authorization, shall possess effects or property of the University of Toronto.

(f) No person, knowing the effects or property to have been appropriated without authorization, shall possess any property that is not her or his own.

(g) No person shall knowingly create a condition that unnecessarily endangers or threatens destruction of the property of the University of Toronto or of any of its members.

4. Unauthorized Entry or Presence No person shall, contrary to the expressed instruction of a person or persons authorized to give such instruction, or with intent to damage or destroy the premises of the University of Toronto or damage, destroy or steal any property on the premises of the University of Toronto that is not her or his own, or without just cause knowingly enter or remain in or on any such premises.

5. Unauthorized Use of University Facilities, Equipment or Services

(a) No person shall knowingly use any facility, equipment or service of the University of Toronto contrary to the expressed instruction of a person or persons authorized to give such instruction, or without just cause.

(b) No person shall knowingly gain access to or use any University computing or internal or external communications facility to which legitimate authorization has not been granted. No person shall use any such facility for any commercial, disruptive or unauthorized purpose. Appropriate uses for University connections to external networks are described, for example, in the policy document "Appropriate Use Policy for the ONet Network."

(c) No person shall knowingly mutilate, misplace, misfile, or render inoperable any stored information such as books, film, data files or programs from a library, computer or other such information storage, processing or retrieval system.

6. False Charges

No person shall knowingly or maliciously bring a false charge against any member of the University of Toronto under this Code.

7. Aiding in the Commission of an Offence

No person shall counsel, procure, conspire with or aid a person in the commission of an offence defined in this Code.

8. Refusal to Comply with Sanctions

No person found to have committed an offence under this Code shall refuse to comply with a sanction or sanctions imposed under the procedures of this Code.

9. Unauthorized Possession or Use of Firearms or Ammunition

No person other than a peace officer or a member of the Canadian Forces acting in the course of duty shall possess or use any firearm or ammunition on the premises of the University of Toronto without the permission of the officer of the University having authority to grant such permission.

[C.] Hearing Procedures

1. Whenever possible and appropriate, reason and moral suasion shall be used to resolve issues of individual behaviour before resort is made to formal disciplinary procedures.

2. An Investigating Officer, who may be a student, shall be appointed for a term of up to three years by the principal, dean or director (hereinafter called "head") of each faculty, college or school, in which students are registered (hereinafter called "division"), after consultation with the elected student leader or leaders of the division, to investigate complaints made against student members of that division.

3. A Hearing Officer, who may be a student, shall be appointed for a term of up to three years by the council of each division to decide on complaints under this Code made against the student members of that division. Hearing Officers shall hold office until their successors are appointed.

4. If the Investigating Officer is, for any reason, unable to conduct an investigation, then the head of the division shall appoint another person as Investigating Officer for that particular case. If the Hearing Officer is, for any reason, unable to chair the hearing of any case, then the senior chair of the University Tribunal shall appoint another person as Hearing Officer for the particular case.

5. Where the head of a division has reason to believe that a non-academic offence as defined in this Code may have been committed by a student member or members of the division, the Investigating Officer will conduct an investigation into the case. After having completed the investigation, the Investigating Officer shall report on the investigation to the head of the division. If the head of the division concludes, on the basis of this report, that the student or students may have committed an offence under the Code of Student Conduct, the head of the division shall have the discretion to request that a hearing take place to determine whether the student or students have committed the offence alleged.

6. The hearing will be chaired by the Hearing Officer. The case will be presented by the Investigating Officer, who may be assisted and represented by legal counsel. If the right to a hearing is waived, or after a hearing, the Hearing Officer will rule on whether the student or students have committed the offence alleged and may impose one or more sanctions as listed below. The accused student or students may be assisted by another person, who may be legal counsel.

7. Appeals against decisions of bodies acting under authority from the council of a division to hear cases arising out of residence codes of behaviour may be made to the Hearing Officer of the division, where provision therefor has been made by the council of the division.

8. Appeals against the decision of the Hearing Officer may be made to the Discipline Appeals Board of the Governing Council.

9. Where the head of a division has reason to believe that a non-academic offence may have been committed by a group of students including students from that division and from another division or divisions, the head may consult with the head of the other division or divisions involved and may then agree that some or all of the cases will be investigated jointly by the Investigating Officers of the divisions of the students involved and that some or all of the cases will be heard together by the Hearing Officer of one of the divisions agreed upon by the heads and presented by one of the Investigating Officers agreed upon by the heads.

[D.] Sanctions

The following sanctions or combinations of them may be imposed upon students found to have committed an offence under this Code.

In addition, students found to have committed an offence may be placed on conduct probation for a period not to exceed one year, with the provision that one or more of the following sanctions will be applied if the conduct probation is violated.

1. Formal written reprimand.

2. Order for restitution, rectification or the payment of damages.

3. A fine or bond for good behaviour not to exceed $100.

4. Requirement of public service work not to exceed 25 hours.

5. Denial of access to specified services, activities or facilities of the University for a period of up to one year.

The following two sanctions, which would directly affect a student's registration in a program, may be imposed only where it has been determined that the offence committed is of such a serious nature that the student's continued registration threatens the academic function of the University of Toronto or any of its divisions or the ability of other students to continue their programs of study.

6. Suspension from registration in any course or program of a division or divisions for a period of up to one year.

7. Recommendation of expulsion from the University.


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Revised: August 19, 1998

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