Code of Student Conduct

Effective date: July 1, 2005
Approved by the Board of Governors: June 14, 2024
Responsible Officer: Vice-Principal Student Affairs

TABLE OF CONTENTS

1. Policy Overview

Bishop’s University has established these community standards to promote and maintain respect for the rights, responsibilities, and well-being of all members of our university community. This policy aspires to improve the quality of life for students and to positively contribute to the Bishop’s University community. It is a practice-based document promoting social responsibility, social change and development, social cohesion, and student empowerment. It provides pathways, guidelines, standards, and expectations to mobilize our shared University values in the expectations of student conduct, behaviour, relationships, and responsibilities in social, academic, and community spaces.

The code is built around principles of equity, inclusion and restoration. The code outlines three main processes for addressing misconduct: restorative justice, formal adjudication and informal resolution. When possible, the victim of misconduct will be able to guide the process and inform the approach taken to the misconduct.

This policy also addresses student behaviour that is contrary to these standards and expectations and that jeopardizes the welfare and wellbeing of individuals at Bishop’s University and the University community, the good order and proper functioning of academic and non-academic programs, activities of the University, and/or those that adversely affect University environment and property.

2. Preamble

On December 9, 1843, Bishop’s University founders set out on a mission to offer the benefits of a sound liberal education. This commitment is grounded in these deeply held values: being an inclusive community that fosters critical engagement, favouring the search for truth and the transmission of

knowledge, encouraging outstanding teaching, research and creative expression, as well as considering sustainability in all our endeavours.

We are a distinct community of students, staff, and faculty, engaged in learning, teaching, research, sport and other activities while fostering an environment of integrity, inclusivity, accessibility, reconciliation, decolonization and civic responsibility.

Thus, Bishop’s University and our community standards must take a human-centric approach. Central to our approach is the need to foster a strong, caring community in which students are safe and inspired to critically engage in all aspects of their education, and in which we cultivate the core values and circumstances in which a plurality of concepts of student flourishing can exist and overlap. Our strategic priorities and values must intersect in this and all policies and processes that influence our conduct, welfare, wellbeing, and pursuit of excellence.
We are inspired and challenged to expand our understanding of what a code of conduct is beyond the limiting notion of misconduct. We will expand our code of conduct to influence and empower students, tend to questions of power, equity, inclusion, and justice, and enhance the welfare and wellbeing of our university community.

We are therefore called to embed principles and practices of inclusion and equity in our university’s culture as a core value, a source of innovation, and a means to individual and organizational growth and success. We are challenged to review, revise, and rewrite our policies to reflect these principles and practices inclusion, equity, anti-racism, decolonization, and social justice.

Revising this policy with our core values at heart is a valuable opportunity. It is our opportunity to acknowledge and disrupt unhealthy power dynamics, Eurocentrism, colonialism, and bureaucracies that reinforce systems of power and privilege and leave many on the margins, preventing individuals from fully participating in university life.

Principles of social justice, human and Indigenous rights, collective responsibility, and respect for diversities are at the core of our code of conduct. Underpinned by theories of equity, inclusion, social justices, and Indigenous knowledges, our code of conduct engages people and defines structures and pathways to address challenges and enhance wellbeing. We aspire for this code to be empowering; accessible; equitable; intersectional; anti-racist; decolonizing; inclusive; and just.

Guiding Principles

The following principles and frameworks guide this policy and application:

• Accessibility
• Anti-Oppression and Intersectionality
• Curricular Approach
• Equity and Inclusion
• Trauma-Informed

3. Associated and Related Policies, Forms, and Other Documents

Application of the Code and related policies: Misconduct occurs in a variety of university contexts; it is important that there is intersection between this code and the following policies and procedures:

• The Policy for the Prevention of Sexual Violence
• The Policy for the Prevention of Harassment
• The University Alcohol Policy
• The Charter of Rights and Freedoms
• The Mental Health Policy – to be renamed
• The Equity, Diversity, and Inclusion Strategy
• The Scarborough Charter
• SRC codes of conduct
• The Residence Community Standards
• Travel Policy outside Quebec and Canada
• Student-Athlete Code of Conduct
• Academic Policies…

Concerns about conduct can be channeled through any of these policies, but will be escalated to the code of conduct, when the conduct in question is severe, there is high risk involved and/or if any manager of other policies perceives a conflict of interest or is unable to adjudicate through a given policy.

4. Scope

Conduct covered by this code

This Code applies to the conduct of Students while:

• on University premises
• off University premises, when:
  • they are acting as a delegate or designated representative of Bishop’s University or as a member of a Student Organization;
  • they are participating in a University event, program, or activity (including, but not limited to, exchange programs, co-op, career and experiential education activities);
  • the Student’s conduct may adversely affect, disrupt or interfere with another person’s reasonable participation in University programs and activities or the University’s work and learning environment, which may include online conduct; and/or,
  • participating in virtual or online spaces including, but not limited to, online learning environments.

Dual processes

Bishop’s University works closely with local law enforcement to build a safer community. Nothing in this Code of Conduct prevents a community member from seeking justice and safety from local law enforcement. Any member of our community who has experienced harm can report incidences to Sherbrooke police. Both the judicial process through the police and the Code of Conduct process may occur simultaneously unless the University process negatively affects the judicial process.

Application of the Code to conduct of guests and visitors

When participating in the Bishop’s community, this code applies to all on campus conduct and all university sanctioned events for all visitors and guests. In limited terms, this policy also applies to visitors and guests off campus if the conduct in question has a negative effect on a student being able to safely continue their studies at Bishop’s University.

The Code in teaching and learning environments

Generally, this code of conduct applies to all aspects of campus life, including the learning environment. In order for students, faculty, staff and librarians to fully and safely engage in the learning environment the University will seek to provide a safer learning environment. Importantly, this code does not address academic misconduct, including plagiarism, academic integrity and cheating. Such matters are referred to the academic integrity policy. This code does not apply to any incidences related to evaluation or assessment of class materials.

5. Definitions

The Bishop’s University community

The Bishop’s University Community refers to the collective body of individuals associated with Bishop’s University, encompassing students, faculty, staff, administrators, alumni, and visitors.

The University

The University refers to Bishop’s University, including its campuses, facilities, programs, and administrative bodies. This term encompasses all departments, offices, and services provided by the institution. It also includes any affiliated entities, such as research institutes and collaborative partnerships, that operate under the auspices of Bishop’s University.

Student

A student is any individual who is enrolled in courses or programs at Bishop’s University, whether on a full-time or part-time basis. This includes undergraduate, graduate, exchange, and continuing education students, as well as those enrolled in online or distance learning programs. The term “Student” also applies to individuals who have been admitted and are on a leave of absence or suspension but have a continuing relationship with the University.

Code

A code is a set of rules, principles, and guidelines established by Bishop’s University to outline the expected standards of behavior and responsibilities for students. The Code serves as a framework to promote a safe, respectful, and inclusive learning environment, detailing the rights and obligations of students, procedures for addressing violations, and potential disciplinary actions.

Knowing

Knowing or to know means having awareness, understanding, or knowledge of a fact, circumstance, or condition. This includes information that a reasonable person in the same situation would be expected to be aware of. In the context of the code of conduct, “knowing” implies that an individual is conscious of their actions and the potential consequences or implications of those actions.

Licensed Facility

A licensed facility is a facility or venue officially authorized and approved by relevant regulatory bodies or governing authorities, in accordance with applicable laws and regulations. Within the context of Bishop’s University, this may include academic spaces, laboratories, dining areas, recreational facilities, and other campus locations that have obtained the necessary licenses, permits, or certifications to operate safely and in compliance with university policies and standards. Access to and use of licensed facilities by students are subject to the rules and regulations established by the university.

Misconduct

Misconduct refers to behaviour, action, or omission by a student that violates the standards, policies, or principles set forth in the Bishop’s University Code of Student Conduct. This includes but is not limited to dishonesty, harassment, discrimination, bullying, disruptive behaviour, property damage, substance abuse, and any other conduct that undermines the university’s values, mission, or community standards. Misconduct may result in disciplinary action, sanctions, or other consequences as outlined in the Code of Student Conduct and any other relevant laws and university policies.

Policy

A policy is a formal statement or set of guidelines established by Bishop’s University to regulate and govern various aspects of university operations, conduct, and decision-making. Policies serve as frameworks for guiding behaviour, promoting consistency, and ensuring compliance with legal requirements, institutional values, and best practices. They may address a wide range of topics, including academic standards, student conduct, campus safety, administrative procedures, and other areas relevant to the university community. Policies are typically documented, published, and communicated to students, faculty, staff, and other stakeholders to ensure transparency and accountability in university governance and operations.

Student Host

A student host is a Bishop’s University student who assumes responsibility for the well-being and conduct of guests visiting or residing on Bishop’s University premises or participating in university-sponsored events or activities. Student hosts are expected to ensure that their guests comply with university policies, rules, and regulations, as well as local laws and ordinances. This includes providing guidance, supervision, and support to guests to promote a safe, respectful, and inclusive environment conducive to learning and community engagement.

Student Organization

A student organization is a formally recognized group or association composed of Bishop’s University students who come together for a common purpose or interest. Student organizations may include but are not limited to clubs, societies, student government bodies, and other organized entities that engage in activities such as academic, cultural, recreational, or social pursuits. These organizations operate in accordance with university policies, procedures, and guidelines, and contribute to the enrichment of campus life and the overall student experience.

University Premises

The University premises refers to property, buildings, facilities, or grounds owned, leased, operated, or controlled by Bishop’s University. This includes but is not limited to academic buildings, residence halls, dining facilities, recreational areas, outdoor spaces, parking lots, and any other locations where university activities, programs, or events occur. University premises also extend to off-campus locations used for university-sponsored activities, events, or programs. All individuals, including students, faculty, staff, and visitors, are expected to adhere to university policies, rules, and regulations while on university premises.

Online or Virtual Space

Online and virtual spaces refer to environments accessed via the internet or other electronic means where Bishop’s University-related activities, interactions, or communications occur. This includes but is not limited to university websites, learning management systems, email platforms, social media platforms, discussion forums, virtual classrooms, and other online platforms used for academic, administrative, or social purposes. Students are expected to conduct themselves in accordance with university policies, standards, and guidelines while engaging in any activities within online or virtual spaces associated with Bishop’s University.

Teaching and Learning Environment

The teaching and learning environment refer to physical and virtual spaces, as well as the interpersonal interactions and academic resources, that facilitate the educational experience at Bishop’s University. This includes classrooms, lecture halls, laboratories, libraries, tutoring centers, online learning platforms, study spaces, and any other environments where teaching, learning, and scholarly activities take place. The teaching and learning environment encompass both formal and informal settings, where students engage in academic pursuits, collaborate with peers and faculty, receive tutoring assistance, and cultivate knowledge, skills, and intellectual growth. All members of the university community are responsible for contributing to a positive and conducive teaching and learning environment by upholding academic integrity, respecting diversity and inclusion, and fostering a culture of mutual respect and inquiry.

6. Principles of Ethical Behaviour

Contravention of any of the following rules of conduct will result in a mandatory meeting with the Vice-Principal Student Affairs (VPSA) and may lead to disciplinary action and/or sanctions. These rules, however, are by no means exclusive; any case of unlawful behaviour, or action contrary to the provisions of the Charter of Student Rights and Responsibilities, the Alcohol Policy or any other policy (as mentioned above in Section 3.4) may be brought before the VPSA or CSC.

Self-induced intoxication due to the ingestion of drugs, alcohol or any other mind-altering substance resulting in the impairment of an individual’s judgment shall not be considered as a defense against sanction under this Code.

Nothing in this Code is intended to prohibit student academic freedom, peaceful assemblies, demonstrations, lawful picketing, or to inhibit free speech.

Student expectations

Bishop’s University expects students to:

Demonstrate respect for SELF (personal growth) by:

• Applying themselves to their studies and acting with propriety and conformity regarding university policies, procedures, rules, and regulations. Students are responsible for being familiar with and following the policies and procedures of the University.
• Accessing and using their university-assigned email account as required, noting that all official communication from the University will be directed to this account.
• Empower themselves to take responsibility, be independent, and to take risks to learn and grow, whether it be finding the courage to express one’s identity, the voice to challenge the status-quo, or the strength to seek support and understanding when life gets tough. Through access to resources that support their well-being, students will learn to confidently speak up, to do what is right even when it is hard, and to assume responsibility for themselves and their communities.

Demonstrate respect and dignity towards OTHERS (community engagement) by:

• Behaving in a manner that supports a learning and working environment free from disruption or interference.
• Showing respect for the diversity of views and opinions, allowing for freedom of expression and independent critical thought.
• Understanding and respecting others’ consent to participate or not in behaviours and conversations.
• Being open to new ideas, beliefs and values while showing consideration and support for all individuals. Having the courage to challenge, test and refine ideas in the pursuit of knowledge.
• Showing respect for the health, safety, and welfare of all members of the Bishop’s University Community, ensuring an environment that is free from any form or threat of discrimination, harassment and bullying, abuse, and violence.
• Acting against unethical conduct by notifying proper university officials or employees.
• Communicating respectfully and avoiding the creation or distribution of material of a slanderous, defamatory, or indecent nature, including on all Bishop’s based social media platforms.
• Avoiding slights to personal dignity, malevolent insinuations, making retaliatory complaints, or complaints in bad faith.
• Treating confidential information in accordance with university policies and legal requirements.
• Practicing the behaviours and principles of consent-based culture.

Demonstrate respect for the greater COMMUNITY by:

• Adhering to municipal, provincial and federal laws.
• Conducting themselves in a manner suited to the best interests of the Bishop’s University Community and refraining from deliberately using false information to bring the institution or the community reputation into question.
• Conducting themselves professionally when engaged in activities with external partners or when acting as ambassadors of the University. These activities may include athletics (link Athletic code of conduct), student employment, volunteer opportunities, practicums, internship, study abroad opportunities (see travel policy), international exchanges, academic placements, etc. Students will also adhere to the policies, procedures, rules and regulations of the external partners as required.
• Following all Community Living Standards in residences while living in or visiting University Residences.
• Attending and participating in conduct-related meetings during which topics concerning them will be discussed.
• Respecting the property rights of other individuals and the University; using University property, facilities, equipment or materials only for authorized purposes.
• Adopting the rights and responsibilities of living in a community and making an effort to positively contribute.

Types of misconduct (students have the right to a campus free of:)

Recognizing that an exhaustive list of all possible misconduct cannot be provided, the following list is offered as a guide. Students are expected to uphold all municipal, provincial and federal laws in addition to the violations listed below:

(1) Violence, Threats, Harassment, and Intimidation – Aggressive or intimidating communication or physical behaviour that leads to/or threatens bodily and/or emotional harm.

(2) Compromising the Safety of Others – Creating or contributing to conditions that unnecessarily endanger the health, safety, and/or security of others. Including but not limited to assault (including sexual assault), abuse, or dangerous activity (see, Policy on Harassment and Sexual Violence).

(3) Possession of Dangerous Objects – Unauthorized storage, possession, or use of weapons, ammunition, explosives, fireworks, hazardous chemicals, and other objects that threaten to or endanger the security of the University community. This includes replica weapons that cannot easily be identified as non-dangerous.

(4) Misuse of Alcohol or Drugs – Misuse, or sale of alcohol, cannabis, prescription drugs, narcotics or other controlled substances that occurs in contravention of applicable laws, statutes, and/or Bishop’s University policies. Possession of narcotics is strictly prohibited (link to Controlled Drugs and Substances Act). Consumption of any type of cannabis on campus is strictly prohibited in accordance with provincial law (link to regulation act C5.3).

(5) Damage to Property – Creating or contributing, whether intentionally or unintentionally, to conditions that result in the damage, vandalism, or defacing of property (including university residence buildings), infrastructure, or intellectual property belonging to the University, a member of the Bishop’s community or in the surrounding community.

(6) Theft or Removal of Property -Theft or attempted theft of belongings of any member of the Bishop’s community. This includes removal of University property without consent.

(7) Disruptive Behaviour – Speech, actions, or unacceptable behaviours that interfere with or obstruct University activities. Such activities include, but are not limited to: teaching, research, studying, administration, community events and services.

(8) Unauthorized Access – Entry to/or use of University facilities, spaces, electronic equipment/infrastructure/data/systems without authorization or legitimate access.

(9) Tampering With Safety Equipment – Inappropriate use or destruction of equipment designed to enhance campus safety including fire alarms, fire extinguishers, defibrillators, cameras, emergency phones, door locks, and exit doors. Other safety items may be included for protection as appropriate.

(10) Attack on the Dignity or Security of an Individual or Group – Engaging in conduct that is demeaning, intimidating, or discriminatory towards one or more members of the Bishop’s community. This includes, but is not limited to, all protected grounds under the Quebec Charter of Human Rights and Freedoms. Actions such as coercion, blackmail, and hazing/initiation are also prohibited.

Psychological harassment is governed by the Harassment Policy. Sexual violence, including sexual harassment is governed by the Prevention of Sexual Violence Policy.

(11) Providing False Information or Identification – Knowingly submitting false information, documents, and/or identification to a staff member, student staff member or office of the University.

(12) Failure to Comply – Refusal of or disregard for a reasonable and appropriate direction or request by a University employee, contractor, SPS or other law enforcement officer, or municipal or civil services professional (e.g., firefighter, bylaw officer). This includes compliance with outcomes and sanctions that are imposed or agreed upon under this Code.

(13) False Accusations and Misrepresentation – Allegations made against an individual without credible evidence. Misrepresentation is the act of presenting false or misleading information to deceive others¹.

(14) Interference With the Conduct Process – Actions that disrupt the Student Code of Conduct process including coercion and/or intimidation of witnesses or decision-makers, provision of false statements or evidence, and retaliation or malicious actions against any persons involved in the incident or process.

(15) Inappropriate social media and online postings – Any online content (images, postings, dialogues, and information about themselves or others) which describes or documents behaviour that reasonably suggests a breach of University policy. Furthermore, using anonymous online platforms to identify and harm another community member is considered a breach of this policy.

(16) Racism, Sexism, Microaggression – Subjecting individuals to offensive remarks^2a and inappropriate references to racist organizations, making microaggressions, circulating racially offensive materials^2b through online content, subjecting a racialized person to threatening gestures, and disparaging an individual based on their race, sexual orientation, gender identity, religious affiliation, ability, and so on.

7. Procedural Rights

It is the aim of any process under this code to reach a fair and just resolution with as little harm to the complainant or respondent as possible.

7.1 Every student has the right to a full and fair inquiry by an impartial tribunal for the determination of their rights under this Code or of the merits of any charge brought against them under this Code.

7.2 Every student is presumed innocent of a disciplinary offence unless they are found responsible on the basis of clear, convincing, and reliable evidence laid against them.

7.3 Every student who is charged with a disciplinary offence has the right to a full and complete defense against that charge based on the principles of fundamental procedural fairness. This includes the rights:

7.3.1 to be promptly informed in writing of the substance of the charge,

7.3.2 to refuse to answer incriminating questions,

7.3.3 to be accompanied at any meeting on the merits of any charge by an advisor, who may not act in a legal capacity.

7.3.4 to be assisted by an interpreter if they do not understand the language of the proceedings.

7.4 The University may, after consultation with the CSC, appoint a legal advisor to assist the CSC. Such an advisor shall be considered a neutral observer in the proceedings of the CSC and shall not vote.

8. Disciplinary Officers

8.1 The members of the University community listed below are the constituted disciplinary officers:

• the Principal
• the VPSA
• the Director of Student Life and Services, and the Residence Life Coordinator(s) (RLC) and Advisor
• the Director of Athletics
• the Manager of Security and all Officers of the Campus Security Department

8.1.1 Any disciplinary officer listed above may expressly deputize one or more members of their staff to be the disciplinary officers acting on their behalf. The names of the deputized individuals shall be communicated in writing to the VPSA in September of each year.

8.1.2 Subject to Section 3.4 above, with respect to matters governed by this Code, these disciplinary officers shall have only the powers, duties and obligations expressly conferred upon them in this section of the Code.

8.2 Any disciplinary officer listed above, or their deputies, may require a student within their immediate area of jurisdiction, whose conduct therein gives rise to reasonable grounds to believe that the student’s continued presence is detrimental to good order, or constitutes a threat to the safety and security of others, to leave immediately and remain away from the area concerned for a period of up to two days. All incidents of this type must be reported to the VPSA. No student shall be barred from taking any examination or submitting any academic assignment because of this section of the Code; the VPSA shall specify any special arrangements to be made in such cases.

8.3 In exceptional circumstances, when the disciplinary officer has reasonable grounds to believe that there is a high degree of physical danger to any other person or persons if the student remains on campus and that this danger cannot be remedied by normal means, the disciplinary officer may exclude the student from campus for as long as reasonably required by the nature of the danger or until the end of the inquiry process. If this action is taken, the disciplinary officer must immediately request that the VPSA convene a meeting of the CSC and the VTRA team if needed, at which the disciplinary officer must divulge all information concerning the incident(s) involved and obtain a majority approval by the CSC of the ban imposed. The CSC must meet within three days of this request. Any student who has been banned from campus for more than ten days under the provisions of this section may request and be granted a meeting with the CSC within ten days of the taking effect of the campus ban. Such a student may also enter the campus for appointments or meetings with the VPSA, meetings of the CSC or meetings with their advisor or the University Ombudsman, but will be subject to such supervision as the VPSA shall deem necessary.

8.4 Other Disciplinary Officers and Other Disciplinary Situations

8.4.1 All members of the teaching staff who are in the process of giving instruction in a class, lab or seminar and who are confronted with a situation such as described in Section 11.2 or 11.3 above, may ban the student from the classroom or lab or seminar room for the remainder of the class period and for the following two class periods, but not to exceed one week of scheduled classes. In all instances of such a classroom ban, the incident(s) will be reported to the VPSA and appropriate Academic Dean.

8.4.2 The senior invigilator at any examination, when confronted with a situation such as described in Section 11.2 or 11.3 above, shall have the power to exclude the student from the remainder of the exam period. The senior invigilator may also exclude any student from an examination where they have reasonable grounds to believe that the student is breaking or has

broken or is attempting to break a University examination regulation, e.g. cheating, impersonation, improper use of examination materials, etc. All such cases will be referred by the senior invigilator to the appropriate Academic Dean or Vice-Principal.

8.4.3 The Director of Student Life and Services and the RLC(s) shall have similar powers when confronted with situations such as described in Section 11.2 or 11.3 above. In all instances, the incident(s) shall be reported to the VPSA.

8.5 Security Department

Any member of the Security Department, when advised by another member of the University community that a situation similar to Section 11.2 or 11.3 above exists and presents an immediate threat to the safety and security of other University community members, may take whatever action is necessary to secure the safety of the threatened individuals. They shall then report all details of the incident(s) to the VPSA.

9. The Vice-Principal of Student Affairs

9.1 The purpose of the disciplinary structure is to strive toward a consensus concerning what is just in each case. To this end, the VPSA, acting under the general power given to them may:

9.1.1 investigate any matter that is referred to them by a complainant or any other member of the Bishop’s Community,

9.1.2 adjudicate such matters and impose appropriate disciplinary measures,

9.1.3 attempt to resolve cases in a restorative justice manner, and where all parties are in agreement, impose sanctions they may deem appropriate including, for example, apologies, restitution, mediation or counselling,

9.1.4 recommend to the complainant that the matter be referred to the CSC for formal adjudication, or

9.1.5 refer the matter to the CSC if he/she believes the matter to be sufficiently serious.

9.2 Any member of the University community may refer a matter of student misconduct to the VPSA. If the matter is already under the purview of the VPSA or of the Committee, the VPSA shall advise the community member of this fact. Normally, all complaints must be made in writing to the VPSA or to the Manager of Security not later than ten days after the incident(s) occurred.

9.3 The VPSA in consultation with the Chair of the CSC may refuse to act on a complaint which is found to be vexatious or unfounded based on preponderance of evidence.

9.4 The VPSA or the Manager of Security may investigate any non-academic offence. Reports of student misconduct may also be submitted by any member of the University to the VPSA and reports may be received independently from the Manager of Security.

9.5 Following the investigation of a complaint and where a respondent has been identified, the VPSA or the Manager of Security will make a written report of the incident(s) which shall include: the name(s) of the alleged respondents and complainant(s), the facts and allegations involved in the incident(s), the names of witnesses to the incident(s) and any other pertinent information, e.g. an estimate of the costs to repair damage to University facilities.

9.6 Normally, the VPSA, and/or the Manager of Security, will interview the alleged respondent(s) privately to inquire into the alleged offence(s). Before the interview takes place, the VPSA or the Manager of Security shall inform the alleged respondent that the interview is required and shall set a time and date for the interview. Notification shall be by printed summons, telephone, email, or registered internal mail during the regular semesters and by registered external mail during all other time periods. If the student fails to appear for the interview, the VPSA may proceed to sanction the student in an appropriate manner. All results of interviews conducted by the Manager of Security will be forwarded to the VPSA.

9.7 If, before the interview takes place, the VPSA or the Manager of Security determines:

9.7.1 that there are insufficient facts or information to bear out the allegation, or

9.7.2 that the act(s) involved do not constitute an offence under this Code, or

9.7.3 that the restitution already performed is deemed sufficient with respect to the alleged incident(s), then no further action will be taken and the interview will be cancelled.

9.8 At the conclusion of the interview, the VPSA shall either refer the case to the CSC or do one or more of the following:

• exonerate the student,
• Refer to a restorative justice process
• sanction the student,
• levy a fine, not to exceed $500,
• require a security bond, not to exceed $500,
• require up to 10 hours per week of non-academic community or University service, for a specified period,
• require the student to rectify any situation that he/she has created (e.g. by letters of apology)
• require the student to make monetary restitution for any damages caused,
• place the student on conduct probation.

9.9 In more serious cases or cases involving repeated offences under this Code or where the VPSA has reasonable grounds to believe that the student’s presence on campus poses a threat to the personal security and safety of any other member of the University community, the VPSA may immediately restrict a student from appearing on campus for a period up to 30 days on conditions that the VPSA determines are necessary. If the VPSA chooses this option, they shall immediately inform the Chair of the CSC who will convene a meeting of the CSC within seven days to review the restrictions placed on the student. At this meeting, the VPSA will divulge all aspects of the case and give their reasons for imposing the restrictions. Temporary restrictions may be extended by the CSC pending completion of proceedings under this Code. However, restrictions will be adjusted to allow the student to attend all required examinations and to submit all academic work due during the period of restriction.

9.10 In all cases where a complaint has been received, the incident(s) will be documented fully and these documents will be maintained as part of the student’s file in the Office of the VPSA. All such information and documents collected are subject to the provisions concerning the Emergency Release of Personal Information as adopted by the University and in accordance with La Loi sur l’accès, R.S.Q, (ch A- 2.1) and will be kept by the Office of the VPSA until the student either graduates or leaves the University.

9.11 Once a decision has been taken by the VPSA, the student will be informed as soon as possible in writing along with an indication of the student’s right to contest the decision or the sanction before the CSC. Upon receipt of the letter in which the decision is given, the student has ten days to inform the Chair of the CSC that they wish to contest the decision.

10. The Committee on Student Conduct

10.1 The Committee on Student Conduct (CSC) shall consist of the following five members:

• the Chairperson, or the alternate Chair, both to be named by the Principal and to be drawn from the permanent employees of the University; and
• the Vice-President, Student Life of the SRC and one other student appointed by the SRC (the SRC will also name two alternates for the student members); and either:
• The Residence Life Advisor and a student employee appointed by the Residence Life Team, such as an R.A., a Student Safety member or a Peer Supporter.
• The term of office for the student members shall be a maximum of two years; the term of office for the RLA shall be two years maximum and the term of office for the Chair shall be five years maximum. The Chair is responsible for seeking replacement of CSC members should the situation arise. All members of the CSC will receive training on procedural fairness and inclusive practices.

10.2 Eligibility

• No individual member of the CSC can serve if they are involved in the case as complainant, respondent or witness.
• No individual can serve on the CSC who has been found responsible for an offence in front of the CSC.
• No individual member can serve on the CSC who is in a position of bias or conflict of interest (financial gain, kinship relation, close personal friendship).

10.3 Quorum
A quorum shall consist of any four members of the CSC including the Chair. Every effort shall be made to ensure that a consistent quorum of members follows each case to its conclusion. The CSC is authorized to extend the terms of members for this purpose.

10.4 Secretary
The Office of the VPSA shall make provision for a CSC Secretary who will record the minutes of all meetings, however, the Secretary shall not participate in the discussions and shall not have a vote.

10.5 The CSC will be active from the first day of the Fall semester to the last day of the second term of summer school. Cases arising outside this period will normally be heard at the beginning of the following semester.

10.6 General Powers
The general powers of the CSC shall be:

• to hear all cases referred to it by the VPSA,
• to review the type and severity of sanctions imposed by the VPSA, and
• to hear complaints filed by members of the University community concerning student behaviour.

The CSC shall not hear cases involving harassment, sexual violence or harassment, nor academic misconduct.

10.7 Decisions
Decisions of the CSC shall be by simple majority of the voting members.

10.8 Procedures in CSC

10.8.1 The Chair of the CSC, having received a case from the VPSA or another complainant, or having received notice that a student is contesting a sanction imposed by the VPSA, shall convene the CSC; shall set the time, dates and locations for all meetings; and shall arrange for the presence of the secretary and for the recording of all meetings.

10.8.2 The CSC will hear all parties to the complaint and those witnesses who are pertinent to the case at hand. The Chair shall prepare the list of witnesses and shall provide this list to the members of the CSC and to each party in advance of the hearing. Witnesses shall be restricted to reporting the facts pertinent to the incident or accusation in question. No character witnesses shall be heard by the CSC.

10.8.3 Normally, complainants and respondents will speak for themselves. Complainants and respondents may, however, be accompanied by a representative or an advisor from within the Bishop’s community who is not acting in a legal capacity.

10.8.4 The respondent shall be notified by the Chair of the CSC of the nature of the complaint against them and the date that they are to appear before the CSC. A period of at least seven calendar days shall be allowed between the incident and any meeting involving the respondent and the CSC. All notices will be hand delivered or sent by internal registered mail except during the summer months, notices will be sent by external registered mail.

10.8.5 It is expected that those summoned, including complainant, respondent and witnesses, will attend meetings of the CSC in person. In exceptional circumstances, the Chair may, instead, accept testimony from a complainant or witnesses in the form of a written statement. The respondent will in this instance be notified of this fact and should they request it, be given the opportunity to rebut such testimony.

10.8.6 In the first instance, the parties to the complaint shall be interviewed separately by the CSC at which time they may make oral representations and refer to the relevant evidence. This procedure does not preclude a face-to-face meeting if all parties agree.

10.8.7 General minutes shall be taken of the meeting and of all oral testimony and of all motions of the CSC. Copies of the minutes will be provided to all parties upon request.

10.8.8 All oral testimony will be recorded. A transcript of the recording will be made available to the complainant and to the respondent, upon request, and they may respond in writing within five days of receiving a copy of the recording.

10.8.9 All documents, written and oral testimony, evidence, deliberations and minutes of the CSC are confidential to the CSC and to the parties involved, and all participants are enjoined to respect this confidentiality

10.8.10 Each CSC shall establish its own modus operandi. However, the following sequence is a general guideline:

• introduction of the complainant, the respondent, and members of the CSC.
• review of documentation.
• rulings on documentation or further evidence necessary.
• review of the list of witnesses.
• statement by the complainant(s), questions from members of the CSC.
• statement by the respondent(s), questions from members of the CSC.
• statement(s) from the witnesses in the sequence decided by the Chair and questions from members of the CSC.
• re-calling of the complainant, respondent, or any witness, if necessary, for clarification of information only by members of the CSC.

10.8.11 All meetings of the CSC shall be held in closed session. Observers are excluded unless all parties agree otherwise. No one may record the proceedings without the consent of the CSC.

10.8.12 Witnesses will be heard separately and all witnesses will be excused before any deliberations leading to a decision by the CSC.

10.8.13 If the respondent fails to attend the meeting the Chair may proceed in the student’s absence or, at the Chair’s discretion, postpone the start of the meeting. If the meeting proceeds in the respondent’s absence, all rights contingent on the student’s presence (with the exception of the right to have an advisor plead for postponement), are forfeited. In such a case, the respondent’s right of appeal with respect to an inquiry in the first instance is limited to a consideration of the reasonableness of their excuse for not appearing.

10.8.14 Documents

10.8.14.1 Copies of all documents submitted by each party to the Chair will be made available to all members of the CSC, to the complainant and to the respondent during the meetings.

10.8.14.2 Any part of academic, counselling or medical records may be submitted with the concerned party’s consent, if found relevant to the case. Rulings on relevance will be made by the Chair.

10.8.14.3 All incident reports pertinent to each case kept by the VPSA or the Security Department are admissible as evidence before the CSC.

10.8.14.4 All documents provided by either party will become evidence for the CSC unless one party objects on the grounds that such documents are forged or false or made with malicious intent. Such documents may become evidence before the CSC only after the CSC receives written confirmation of their authenticity by the original author. The CSC reserves the right to accept or reject all documents.

10.8.14.5 The CSC will request written evidence concerning the alleged incident(s) from all parties including the VPSA and the Manager of Security.

10.8.14.6 The CSC will reserve the right to request written or oral evidence from any other party and to request and receive any other document it deems may assist in its deliberations and all such evidence shall be made available to all members of the CSC, to the complainant and to the respondent.

10.8.14.7 In the case of new documents brought to the CSC during the meeting, both parties and all members of the CSC will have the right to review such documents before proceeding with the case.

10.8.14.8 Following the CSC’s final decision in each case, all documents including the written evidence and the recorded oral testimony will be retrieved by the Chair and, together with the minutes, shall be deposited in the Office of the VPSA where they will be made available to the CSC members, to the complainant and to the respondent. The VPSA shall arrange for the safe keeping of all CSC documents until such time as the appeals process is finished and until the student graduates or otherwise leaves the University.

10.8.15 Onus and Standard of Proof

The onus is on the complainant and/or the University to establish that the respondent was responsible for the incident(s) or events in question. The standard of proof to be used by the CSC shall be the “balance of probabilities” or “preponderance of evidence”. By this is meant “more likely than not” in the sense that an unbiased observer, having reviewed all the evidence and having heard all sides of the story should, in the end, be able to say: “the fair decision in this case is ‘X’ more likely than not”.

10.8.16 At the end of its deliberations, the CSC shall decide on the complaint and impose any sanction it sees fit. The CSC may do one or more of the following:

• exonerate the student,
• sanction the student,
• levy a fine not to exceed $500,
• require a security bond not to exceed $500,
• require up to 10 hours/per week of non-academic community or university service, for a specified period,
• require the student to rectify any situation that they have created (e.g. by letters of apology, restoring any damaged property etc.)
• require the student to make monetary restitution for any damages caused,
• place the student on conduct probation,
• require a campus ban, including specified areas of the campus and a specified time period,
• suspend the student for a period not to exceed one year,
• dismiss the student for a period up to three years, after which they may apply for re-admission,
• expel the student with no possibility for re-admission.

10.8.17 Normally, the CSC will make its decision within thirty days of receipt of the complaint. Once the decision is made (and subject to 8.8.19), the Chair of the CSC shall forthwith, but within the next seven days, inform the complainant, the respondent and the VPSA in writing of the CSC’s decision. Should they so decide, the complainant and the respondent shall then have a period of seven calendar days to appeal the decision of the CSC. Requests for such an appeal will be forwarded in writing to the Chair of the SCAC.

10.8.18 All sanctions imposed by the CSC, with the exception of expulsion, shall take effect at a starting time as decided by the CSC. The CSC may, at its discretion, take into account the period of time during which the student may have already been under restriction. The VPSA shall be responsible for the implementation of these sanctions.

10.8.19 Where the decision of the CSC is to expel the student, this decision shall be forwarded to the Principal for confirmation. The Principal, having reviewed all aspects of the case, may then remit or mitigate the sanction when they consider it warranted. The Principal shall communicate their decision to the complainant, respondent, and the VPSA with a copy to the chair of the CSC within seven calendar days of receiving the decision from the CSC. The complainant and the respondent then have the right to appeal the decision of the Principal to the SCAC within seven calendar days. Requests for such an appeal will be forwarded in writing to the chair of the SCAC.

10.9 Confidentiality

10.9.1 All hearings and deliberations of the CSC, as well as documents, evidence, and testimony, are strictly confidential to the CSC. Beyond the CSC’s annual public report and educational efforts, all CSC members will respect the strict confidentiality of the proceedings of the CSC. Should there be a breach of confidentiality, the Chair can request that the member(s) responsible step down from the Committee.

10.9.2 Once proceedings of the CSC have begun, the Chair will inform all parties in writing of the confidential nature of the case involved. Except for purposes of the inquiry no action shall be taken by any person involved in the proceedings that would divulge the identity of individuals or the nature of the complaint in question. Such actions would be a direct violation of this Code and would be, therefore, subject to disciplinary action by the VPSA.

11. The Student Conduct Appeals Committee

11.0 The Student Conduct Appeals Committee (SCAC) shall consist of three individuals: one student who is not a member of the CSC to be named by the SRC, one faculty member named by the Faculty Council, and one Officer of the University who is not a member of the CSC and who shall be named by the Principal. Alternates for these three members shall also be named. The rules for eligibility, length of the SCAC year, extension of terms, replacement of members and terms of office shall be the same as that for the CSC except that the term of office for the faculty member shall be five years maximum. The Officer of the University shall act as the SCAC Chair.

11.1 Quorum
A quorum shall consist of all three members of the SCAC.

11.2 Secretary
The Office of the VPSA shall make provision for a SCAC Secretary who will record the minutes of all meetings. The Secretary shall not participate in the discussions and shall not have a vote.

11.3 All meetings of the SCAC shall be held in closed session.

11.4 Powers
The general power of the SCAC shall be to hear appeals of decisions made by the CSC or, when decisions of the CSC have subsequently been modified by the Principal, to hear appeals of such decisions by the Principal.

11.5 Filing an Appeal

11.5.1 An appeal of a decision must be filed with the Chair of the SCAC within seven calendar days of receiving notification of the decision from either the CSC or the Principal.

11.5.2 The appeal may be from either complainant or respondent but in either case shall be written and signed and state specifically the grounds for appeal and the remedy sought.

11.5.3 Unless the SCAC decides that there is a compelling need for further clarity or the grounds for appeal involve new evidence, no new documents will be considered by the SCAC that were not before the CSC.

11.5.4 Within seven calendar days of receipt of the request for an appeal, the Chair of the SCAC will, acknowledge the request and notify the other parties. Within ten calendar days, the Chair shall convene a hearing of the SCAC. Five calendar days notice will be given to all parties of the date of the first meeting of the SCAC.

11.5.5 Grounds for Appeal
The SCAC has the power to hear an appeal against a decision of the CSC or the Principal, only for the following reasons:

1. errors of fact in the information used by the CSC or the Principal which could affect the decision rendered; or
2. new evidence not available to the parties at the time of the decision of the CSC or the Principal; or
3. serious and prejudicial procedural defects; or
4. action by the CSC, or the Principal beyond their jurisdiction.

11.6 Procedures

11.6.1 The SCAC shall establish its own procedures and these, at a minimum, shall preserve all rights as described in Section 5 (Procedural Rights) above. The SCAC shall observe the basic principles of procedural fairness.

11.6.2 The SCAC may hear testimony from the Chair of the CSC where significant procedural error is alleged as the grounds for appeal.

11.6.3 The SCAC will have access to all of the recorded testimony, documents and minutes of the CSC.

11.6.4 All oral testimony will be recorded. The recording will be made available to the complainant and to the respondent, upon request, and they may respond in writing within five days of receiving a copy of the recording.

11.7 Decisions

11.7.1 Decisions shall be by simple vote of the SCAC; two positive votes are necessary
to carry any decision. All votes shall be recorded in the minutes.

11.7.2 The SCAC may decide:

1. to return the case to the CSC for further review; or
2. to uphold the decision of the CSC or the Principal, or
3. to fashion any other remedy as it sees fit.

11.7.3 The SCAC shall normally render a decision on the appeal within one month of the request for appeal.

11.7.4 The Chair of the SCAC will report its decision to the complainant, the respondent, the Chair of the CSC, the VPSA and the Principal within five calendar days of the rendering of the decision.

11.7.5 In the case of a dismissal or an expulsion that is upheld by the SCAC, the sanction will take effect from the date of the original decision of the CSC or the Principal. In the case of a campus ban or suspension, the SCAC may, at its discretion, adjust the sanction to take into account the period of time during which the student may have already been under restriction.

11.7.6 The decision of the SCAC will be final and binding on all parties.

12. Champlain and Bishop’s University Communities and The Student Code of Conduct:

Bishop’s University recognizes the important relationship between our two communities. This relationship allows us to evolve and support students while building a safer campus together. Building a safer community means effectively and safely addressing breaches of our community standards across the two institutions.

Each institution must take appropriate steps to prevent and resolve these issues to protect community members. In accordance with jurisdictions, each institution will use their policies and procedures to investigate and bring complaints against a respondent who is attending their institution. Specifically, if a complaint is from Bishop’s and the respondent is from Champlain, the Champlain procedures and codes will apply. Similarly, if a complainant is from Champlain and the respondent is from Bishop’s, the Bishop’s Code of Conduct will apply. If sanctions put upon a Champlain community member affects their use of the Bishop’s campus, Bishop’s will apply sanctions as recommended by Champlain as long as they do not violate any of the University procedures or rights of our members. Bishop’s University will support any community member going through the Champlain process and provide any well being resources needed.