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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.
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.
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.
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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