CODE OF STUDENT BEHAVIOUR

(Effective for offences occurring on or after July 1, 2001)

Updated June 4, 2002

TABLE OF CONTENTS

30.1 Introduction 1

30.2 General Definitions

30.3 Offences under the Code

30.3.1 Application

30.3.2 Inappropriate Academic Behaviour`

30.3.3 Inappropriate Behaviour in Professional Programs

30.3.4 Inappropriate Behaviour towards Members of the University Community

30.3.5 Inappropriate Use of University Property and Resources

30.3.6 Other Offences

30.4 Sanctions and their Impact

30.4.1 General Provisions

30.4.2 Types of Sanctions

30.4.3 Levels of Sanction

30.4.4 Public Information about Disciplinary Sanctions

30.5 The Discipline Process

30.5.1 The General Rules of Discipline and Appeal

30.5.2 Procedures for Any Member of the University Community who believes that a Student has committed a Violation of the Code of Student Behaviour

30.5.3 Procedures for Instructors in Cases Respecting Class Disruptions

30.5.4 Procedures for Instructors in Cases Respecting Inappropriate Academic Behaviour

30.5.5 Procedures in Cases Initiated by Unit Director Respecting Inappropriate Use Offences

30.5.6 Procedures for Campus Security Services

30.5.7 Procedures for Deans

30.5.8 Procedures for the Discipline Officer

30.6 Procedures for Appeal of Decisions to the University Appeals Board (UAB)

30.6.1 Initiation of an Appeal

30.6.2 Terms of Reference and Powers

30.6.3 Composition

30.6.4 Procedures Prior to a Hearing

30.6.5 Procedures at the UAB Hearing

30.6.6 Hearings of the University Appeal Board are closed to the Public and University Community

30.7 Amendment of the Code

30.8 Appendix 1 – Registration of Student Groups

30.8.1 Responsibilities and Benefits

30.8.2 Requirements for Registration

30.8.3 Registration Procedures

30.8.4 Denial of Registration of Re-registration, or Suspension of Registration

30.8.5 Suspension of Banning of Student Group Activities

30.9 Appendix 2 – Regulations Pertaining to Special Events, the Use of University Resources and the Provision of Alcohol

30.9.1 Requirements for authorization for Special Events and/or Use of University Resources

30.9.2 Regulations Concerning Alcohol Provision and Consumption

30.1 Introduction

The University is defined by tradition as a community of people dedicated to the pursuit of truth and advancement of knowledge, and as a place where there is freedom to teach, freedom to engage in research, freedom to create, freedom to learn, freedom to study, freedom to speak, freedom to associate, freedom to write and to publish. There is a concomitant obligation upon all members of the University community to respect these freedoms when they are exercised by others. For these freedoms to exist, it is essential to maintain an atmosphere in which the safety, the security, and the inherent dignity of each member of the community are recognized.

The enduring value of University life and of Degrees the University confers is also dependent upon the integrity of the teacher-Student learning relationship and upon the honesty and soundness of the evaluation process. Conduct by any member of the University Community that adversely affects this relationship or process must, therefore, be considered a serious offence.

Included in the Code of Student Behaviour are descriptions of unacceptable behaviour for Students in the University, the sanctions for commission of the offences, and explanations of the complete discipline and appeal processes. The definition of "Student" used in this document is a very broad definition, one that includes current and former Students, as well as informal and formal Student groups (see 30.2 for a definition of "Student"). Accordingly, the offences, sanctions and procedures of this Code apply equally to groups and individuals. Other members of the University Community are governed by other disciplinary regulations.

The offences listed in the Code of Student Behaviour describe, in general terms, behaviours which if left unchecked would, to an unacceptable degree, infringe upon the freedoms described above and thus threaten the proper functioning of the University. Nothing in this Code shall be interpreted in such a way as to prohibit the activities or to violate the principles that are set out in the first paragraph of this section. Nothing in this Code shall be construed to prohibit peaceful assemblies and demonstrations, or lawful picketing, or to inhibit free speech. Nothing in this Code shall prevent the University from referring an individual matter to the appropriate law enforcement agency, should such action be considered necessary.

In order to protect the integrity of the Degrees conferred by the University, the University may suspend or rescind any Degree awarded to any graduate who, during the application process or while registered in a program or in a particular course in a program, commits an act of academic dishonesty which, if it had been detected before the granting of the Degree, would have resulted in a sanction sufficiently severe that the Degree would not have been granted.

The Code of Student Behaviour shall be followed in all cases of disciplinary action with Students except in situations where disruptive, threatening or violent conduct may inflict great harm to members of the University community or University property. In those cases the Protocol for Urgent Cases of Disruptive, Threatening or Violent Conduct (§ 91, General Faculties Council Policy Manual) will be followed before action is taken under the Code.

The Appeals Co-ordinator, Dean of Students, Student OmbudService and Student Legal Services are available on-campus to provide assistance to Students about the discipline process.

30.1.1 Rights under the Code of Student Behaviour

30.1.1(1) Any Student who has been accused of having committed an offence under this Code has the right

30.1.1(1) a to choose whether or not to provide evidence and/or to be a witness in the case against himself or herself;

30.1.1(1) b to be presumed not to have committed an offence until his or her commission of an offence has been established on the balance of probabilities, before an impartial and unbiased decision-maker;

30.1.1(1) c to have his or her case adjudicated within a reasonable time;

30.1.1(1) d to consult with an Advisor, to be accompanied and assisted at any investigative meeting with a Dean or Discipline Officer or UAB hearing by an Advisor, and to be advised of these rights;

30.1.1(1) e to reasonable disclosure of the case of the person making the allegation against the Student within a reasonable time before the hearing of any appeal before the UAB;

30.1.1(1) f to reasonable notice of the time, place, and nature of any investigative meeting or hearing;

30.1.1(1) g to be given a reasonable opportunity to respond to any allegations before being found to have committed an offence under the Code;

30.1.1(1) h in any appeal before the UAB, to present evidence, to call his or her own witnesses and to question any other witnesses called;

30.1.1(1) i to be advised of the reasons for any decision made under this Code;

30.1.1(2) Subject to any restrictions imposed under the Freedom of Information and Protection of Privacy Act, any person who claims to have been physically injured, discriminated against or harassed by a Student accused of an offence under this Code, whether or not that person is a Complainant, has the right

30.1.1(2) a to be consulted before any informal resolution of any relevant charges against the Student is proposed to the Student;

30.1.1(2) b to provide evidence of any injury or damage for which Restitution may be an appropriate remedy and to have that evidence communicated to the appropriate decision-maker under this Code;

30.1.1(2) c to be informed of the time, date and place of any hearing respecting any relevant charges and to be consulted by the Dean or Director as to whether the person should be a witness at that hearing; and

30.1.1(2) d to be informed of the sanctions, if any, imposed on the Student in relation to any offence relevant to the person.

30.2 General Definitions

Within the Code of Student Behaviour and its Appendices, the following words have been specifically defined. They appear in alphabetical order.

Academic Staff Member. A faculty member, as defined in § 5.1.4 of the GFC Policy Manual, from Categories A1.1, A1.5, their counterparts in A1.6 or on a post-retirement contract.
Academic Standing. "Academic Standing" includes such matters as adequacy of a Student’s performance in, continuation in (including the requirement that the Student withdraw) and graduation from a program.
Advisor. A person who will assist the Appellant or the Respondent during the disciplinary process. Assistance may be provided by the Student OmbudService, Student Legal Services, legal counsel or another Advisor as the Appellant or Respondent choose.
Appellant. The individual who has appealed a discipline decision.
Appeals Co-ordinator. The person or delegate responsible for administration of the University Appeal Board and related Student discipline procedures. The Appeals Co-ordinator is appointed by and reports to the Director of the University Secretariat.
Class. A period of instruction including a lecture, a laboratory, a seminar, a tutorial, field experience, examination, etc.
Code. Code of Student Behaviour.
Complainant. Any person who has reason to believe that a Student has committed an offence and who initiates a procedure under this Code. See 30.5.2.
Dean. In cases in which there is an allegation of Inappropriate Academic Behaviour [30.3.2] in a course, "Dean" shall be interpreted as the Dean (or delegate) of the Faculty that offers the course in which that Student is alleged to have committed an Inappropriate Academic Behaviour offence. In all other cases, including but not limited to offences related to programs of study, graduation, or graduate Student theses or capping exercises, "Dean" shall be interpreted as the Dean (or delegate) of the Faculty in which the Student is enrolled. The term "Dean" includes the Director of the School of Native Studies. In cases where the Student is not currently enrolled, the Associate Provost and Dean of Students shall appoint a Dean to deal with the case.
Dean of Students. Associate Provost and Dean of Students or delegate. The Dean of Students is normally the Dean responsible in cases involving Student Groups.
Degree. Any Degree, diploma or certificate granted or awarded by the University.
Deputy Discipline Officer(s). The person(s) who, as needed, assists or acts in the place of the Discipline Officer. The Deputy Discipline Officer is appointed by the Provost and Vice-President (Academic) or delegate.
Director of CSS. Director of Campus Security Services or delegate.
Discipline Officer. The person responsible for reviewing all charges laid under the Code in which a Unit Director recommends an Intermediate or Severe Sanction, a Dean recommends a Severe Sanction or the Director of CSS recommends a sanction [30.4.3]. The Discipline Officer is appointed by the Provost and Vice-President (Academic) or delegate.
Discipline Records. Discipline Records are held in various campus offices, including Faculties, Unit Directors, Campus Security Services, the Discipline Officer, and the University Secretariat as provided for this Code. Only in cases where a student has been found to have committed an offence may the academic and Discipline Records held by a Faculty be joined. In all other cases, academic and disciplinary records are held separately.
30.2.15(1) The only disciplinary action that will be documented on a student's Permanent Academic Record is one involving Suspension, Expulsion, Rescission/Suspension of a Degree or Exclusion, from the University. A notation of Encumbrance will be noted for Fines and orders of Restitution.

30.2.15 (2) All Discipline Records are confidential, and the only persons having access to such records will be those directly concerned with the action, decided as follows:

• Faculties: The Dean shall determine access to Discipline Records held in the Faculty.

• Campus Security Services: The Director shall determine access to Discipline Records held by Campus Security Services.

• Discipline Officer: The Discipline Officer shall determine access to Discipline Officer records.

• University Secretariat: The Director of the University Secretariat shall determine access to files of the University Appeal Board held by the University Secretariat.

Facilities. The term "Facilities" includes but is not limited to buildings, parking lots, athletic fields, campus buildings, and campus areas.
Financial Services. University of Alberta Financial Services.
GFC. General Faculties Council.
Instructor. The "Instructor" is the person charged with the responsibility for conducting a Class, or the person formally charged by the Department or Faculty with the responsibility for advising the Student or for supervising the thesis or project.
Malicious Code. Software that has been written specifically to do something unexpected (usually, but not always, undesirable or destructive) to another user's computer and/or data.
Permanent Academic Record. The perpetual record of a Student’s academic program and performance at the University. Such records are the source of transcripts generated at a Student’s request.
Practicum Placement. Any placement (volunteer or otherwise) which is part of a Student's academic program and which places or may place the Student in contact with the public. Practicum Placements include, but are not limited to, hospital rotations or other clinical placements in the disciplines of medicine, dentistry, pharmacy, nursing, and rehabilitation medicine, education placements in schools, and placements in co-operative work settings.
Professional Code of Ethics. All provincial and federal Codes of Ethics or Codes of Conduct governing the relevant profession and the practice of its discipline.
Professional Programs. Academic programs that prepare Students for vocations where the right to practice is dependent on membership in a specialist occupational organization. Examples include but are not limited to dentists, dental hygienists, lawyers, medical laboratory technicians, nurses, occupational therapists, pharmacists, physicians, physical therapists, speech language pathologists, and teachers.
Registrar. The University Official invested with custody of Students’ Permanent Academic Records.
Respondent. The person(s) who replies to an appeal.
Student(s). The word "Student(s)" refers to any of the following:
30.2.27(1) a person who is or has been registered as a Student at the University whether or not for credit and includes current Undergraduate and Graduate Students, former Students, and graduates who have received a Degree, diploma or certificate from the University,

30.2.27(2) an informal collection of Students who interact with each other, or

30.2.27(3) a Student Group.

Student Group. "Student Group" means any formal group of Students who must be registered with the University as a "Student Group," such as but not limited to a club, association, organization, society, fraternity or fellowship. Procedures for the registration of Student Groups are detailed in 30.8 - Appendix 1.
Student Group Activity. "Student Group Activity" means any Student function including, but not limited to, social events, demonstrations, news releases, publications and advertisements, and shall not be construed so as to include any bona fide academic activity.
Student OmbudService. "Student OmbudService" includes ombuds services for undergraduate and graduate Students.
Unit Director. The director or delegate of specific University services or resources including but not limited to Parking Services, Computing and Network Services, University Libraries, Housing and Food Services, University Recreational Facilities, and the University Bookstore.
University Activities. "University Activities" include but are not limited to, teaching, research, studying, administration, meetings, and public service.
UAB. University Appeal Board.
University Community. "University Community" includes those who are employed by the University, who are officially associated with the University, and those who are Students, former Students, or alumni of the University.
University Officials. "University Officials" are those individuals who in the ordinary course of their duties have the authority to limit access to University Facilities and/or property and include but are not limited to Deans, Department Chairs, Unit Directors, Discipline and Deputy Discipline Officers, Instructors, members of Campus Security Services, Housing and Food Services staff, Parking Services staff and Building Services staff.
University-related Functions. "University-related Functions" include, but are not limited to activities occurring in the course of work or study assignments inside or outside the University; at work or study-related conferences or training sessions; during work or study-related travel; during events such as public lectures, performances, social or sports activities; or over the telephone or computer.
University Supplies and Documents. "University Supplies and Documents" include but are not limited to equipment, keys, records, insignias, stationery, forms and permits.
Working Day. A day on which University administrative offices are open.
30.3 Offences under the Code

30.3.1 Application

30.3.1(1) This Code applies to all conduct by a Student or by Students that has a real and substantial link to the University, University Activities, the University Community, or University-related Functions, whether or not the conduct occurred on or in relation to University property.

30.3.1(2) The determination of whether any conduct does have such a real and substantial link may be made by any person or body authorized to make decisions in the disciplinary and appeal processes set out in this Code, and this determination may be appealed as part of an appeal provided for by this Code.

30.3.1(3) All Students living in or attending at a University residence are subject to the Code, as well as to the rules, regulations and community standards of that residence and regulations in force including any amendments posted at the business office of the residence or in the areas affected. The authority given to the Director of Housing and Food Services or delegate under 30.5.5 is not intended to supercede or undermine the authority of residence disciplinary bodies, including but not limited to the Lister, HUB and Faculté Saint-Jean Residence Disciplinary Committees, established in accordance with the community standards of those residences.

30.3.1(4) All persons owning, operating or parking vehicles on University property are subject to the current Traffic and Parking Regulations of the University of Alberta. Information about Traffic and Parking Regulations in force, including any amendments, may be secured from Parking Services. Fines and sanctions specific to all parking violations are administered by Parking Services and may be appealed through the Parking Appeals Officer.

30.3.1(5) All Students are subject to the regulations of the University Libraries that are available in all Libraries. Fines and sanctions specific to library use are administered by the University Libraries and may be appealed at the circulation desk in the Library in which the material in question is located.

30.3.1(6) All Students are subject to the regulations of Computing and Network Services that are available from Computing and Network Services. Fines and sanctions specific to computing and internet use are administered by the Computing and Network Services and may be appealed through the Director of Computing and Network Services.

30.3.2 Inappropriate Academic Behaviour

30.3.2(1) Plagiarism

No Student shall submit the words, ideas, images or data of another person as the Student’s own in any academic writing, essay, thesis, project, assignment, presentation or poster in a course or program of study.

30.3.2(2) Cheating

30.3.2(2) a No Student shall in the course of an examination or other similar activity, obtain or attempt to obtain information from another Student or other unauthorized source, give or attempt to give information to another Student, or use, attempt to use or possess for the purposes of use any unauthorized material.

30.3.2(2) b No Student shall represent or attempt to represent him or herself as another or have or attempt to have himself or herself represented by another in the taking of an examination, preparation of a paper or other similar activity. See also misrepresentation in 30.3.6(4).

30.3.2(2) c No Student shall represent another’s substantial editorial or compositional assistance on an assignment as the Student’s own work.

30.3.2(2) d No Student shall submit in any course or program of study, without the written approval of the course Instructor, all or a substantial portion of any academic writing, essay, thesis, research report, project, assignment, presentation or poster for which credit has previously been obtained by the Student or which has been or is being submitted by the Student in another course or program of study in the University or elsewhere.

30.3.2(2) e No Student shall submit in any course or program of study any academic writing, essay, thesis, report, project, assignment, presentation or poster containing a statement of fact known by the Student to be false or a reference to a source the Student knows to contain fabricated claims (unless acknowledged by the Student), or a fabricated reference to a source.

30.3.2(3) Misuse of Confidential Materials

No Student shall procure, distribute, or receive any confidential academic material such as pending examinations, laboratory results or the contents thereof from any source without prior and express consent of the Instructor.

30.3.2(4) Research and Scholarship Misconduct

30.3.2(4) a No Student shall violate the University of Alberta Research and Scholarship Integrity Policy, as set out in § 96.2 of the GFC Policy Manual or any other University regulation concerning academic matters.

30.3.2(4) b Where a Student is charged with the academic offence of research and scholarship misconduct, the special requirements for communication and documentation imposed by § 96.2 of the GFC Policy Manual shall constitute part of the procedures outlined below.

30.3.3 Inappropriate Behaviour in Professional Programs

30.3.3(1) A Student enrolled in Professional Programs is bound by and shall comply with the Professional Code of Ethics governing that profession and the practice of its discipline.

30.3.3(2) A Student enrolled in a Professional Program who contravenes the Professional Code of Ethics governing the profession and the practice of its discipline commits an offence under this Code when, at the time of the alleged offence, the Student is involved in a Practicum Placement related to a course of study in a Professional Program.

30.3.3(3) The following behaviour will be deemed gross professional misconduct by any Student in a Practicum Placement and will receive an appropriate sanction:

30.3.3(3) a all attempts at deliberately falsifying patient, pupil or client records including forging Instructor signatures;

30.3.3(3) b falsifying financial records related to patient treatment procedures or client services;

30.3.3(3) c misrepresenting patient treatment, instructional activities or client services to officials of the practicum site or to third parties, such as insurance carriers;

30.3.3(3) d careless or negligent behaviour resulting in unnecessary physical and/or mental harm to patients, pupils or clients;

30.3.3(3) e obtaining or attempting to obtain favours, gifts, payments, pharmaceuticals or other consideration from patients, pupils, clients or third parties;

30.3.3(3) f representing one's education, qualifications or competence in a way that is false or misleading.

30.3.3(4) When proceedings have been initiated against a Student under this Code and separate proceedings are commenced against the same Student relating to the same cause or matter under a Professional Code of Ethics, the Dean may stay proceedings under this Code pending the outcome of the proceedings brought pursuant to the Professional Code of Ethics.

30.3.3(5) It shall be the responsibility of each Student in a Professional Program to obtain, and be familiar with, the Professional Code of Ethics relevant to the discipline and all amendments thereto as may be made from time to time.

30.3.3(6) The procedures followed in cases of professional misconduct will be those defined in the Practicum Placements, Professional Practice and the Public Interest Policy. (See § 87.4 and 87.5 of the GFC Policy Manual.) Variance in, withdrawal from or denial of Practicum Placement and/or any sanctions enumerated in this Code may result from a charge of professional misconduct. Appeals of decisions and/or sanctions concerning professional misconduct are heard by the Practice Review Board as set out in § 87.6 of the GFC Policy Manual.

30.3.3(7) Offences committed during a Practicum Placement may result in variance in, withdrawal from or denial of Practicum Placement and/or any sanctions enumerated in this Code. Appeals of decisions and/or sanctions under this Code that occur in conjunction with the circumstances resulting in denial, withdrawal or variation in a Practicum Placement, shall follow the procedures outlined in the Practicum Placements, Professional Practice and the Public Interest Policy in § 87 of the GFC Policy Manual.

30.3.4 Inappropriate Behaviour towards Members of the University Community

30.3.4(1) Disruption

30.3.4(1) a No Student shall disrupt a Class in such a way that interferes with the normal process of the session or the learning of other Students.

30.3.4(1) b No Student shall, by action, words, written material, or by any means whatsoever, obstruct University Activities or University-related Functions.

30.3.4(1) c No Student shall use words that incite others to behaviour that is inappropriate to members of the University Community, whether or not in connection with a demonstration, rally or picketing.

30.3.4(2) Discrimination

30.3.4(2) a No Student shall discriminate against any person or class of persons while participating in University Activities or University-related Functions.

30.3.4(2) b " ‘Discrimination’ is any act or omission based on race, religious beliefs, colour, gender, physical disability, mental disability, marital status, age, ancestry, place of origin, family status, source of income, sexual orientation or political belief when that act or omission results in loss of or limit on opportunities to work or to fully participate in campus life or which offends the dignity of the person. Discrimination draws distinctions between individuals based on irrelevant personal characteristics that result in disadvantage to some individuals that are not imposed on others. Discrimination may be one incident or a series of incidents. It may affect individuals or groups. It may take the form of denying an individual or group rights or privileges to which they are entitled." See also the University of Alberta Discrimination and Harassment Policy § 44 GFC Policy Manual.

30.3.4(3) Dissemination of Malicious Material

No Student shall disseminate or cause to be disseminated malicious or defamatory material or engage in activity which creates a social or academic climate that hinders or prevents the full participation of another person or group in the life of the University.

30.3.4(4) Retaliation

No Student shall retaliate against any Complainant who has reported the Student for an offence under the Code or against any other person who has provided information respecting or served as a witness in proceedings under this Code.

30.3.4(5) Unfounded Allegations

No Student shall make any complaint against any other member of the University Community or cause any steps to be taken concerning any other member of the University Community unless the Student believes, on reasonable grounds, that the other member of the University Community has committed an offence under this Code or engaged in conduct warranting a complaint.

30.3.4(6) Violations of Safety or Dignity

30.3.4(6) a No Student shall have sexual or physical contact with another person without that person’s consent.

30.3.4(6) b No Student shall physically abuse another person, threaten any other person with physical abuse or cause any other person to fear physical abuse.

30.3.4(6) c No Student shall create a condition which endangers or potentially endangers or threatens the health, safety or well being of other persons.

30.3.4(6) d No Student shall harass or sexually harass another person.

30.3.4(6) d. i " ‘Harassment’ is conduct or comment that is intimidating, threatening, demeaning, or abusive and may be accompanied by direct or implied threats to grade(s), status, or job. Harassment can occur between people of differing authority or between people of similar authority. Harassment may be directed at an individual or at a group. Harassment has the impact of creating a work or study environment that is hostile and limits individuals in their pursuit of education, research, or work goals. The behaviour that constitutes Harassment may be physical or psychological in nature. It may be one incident or a series of incidents. It may affect individuals or groups. It may take the form of denying an individual or a group rights or privileges to which they are entitled." See also the University of Alberta Discrimination and Harassment Policy § 44 GFC Policy Manual.

30.3.4(6) d. ii "Sexual Harassment" is defined as unsolicited, unwanted sexual advances; requests for or offers of sexual favours; unsolicited, unwanted verbal or physical conduct of a sexual nature; and unsolicited, unwanted written, oral or visual material of a sexual nature.

30.3.4(6) e No Student shall use words which threaten violence or physical abuse to any group or individual whether or not the group or individual thus threatened knows of such threatening words and whether or not the words are employed in connection with a demonstration, rally or picketing.

30.3.5 Inappropriate Use of University Property and Resources

30.3.5(1) Damage to Property

30.3.5(1) a No Student shall possess, misappropriate, convert, destroy or otherwise damage University property or the property of any other member of the University Community.

30.3.5(1) b No Student shall deface the inside or outside of any building or property of the University.

30.3.5(1) c No Student shall, without authority, make, alter, use, receive, or possess University supplies or documents.

30.3.5(1) d No Student shall remove books or other library material from a University library without proper authorization, mutilate or deface library books or material, purposely misplace them or in any other way purposely deprive other members of the University Community of the opportunity to have access to library resources.

30.3.5(2) Unauthorized Use of Facilities, Equipment, Materials, Services or Resources

30.3.5(2) a No Student shall use any facility, equipment, material, service or resource contrary to express instructions or without proper authority. See 30.9 [Appendix 2 – Regulations Pertaining to Special Events, the Use of University Resources and the Provision of Alcohol].

30.3.5(2) b No Student shall enter or remain in any University building, facility, room, or office, without the proper authority, contrary to express instructions or with intent to damage, destroy, convert or misappropriate University property.

30.3.5(2) c No Student shall obtain any University equipment, material, service or resource by fraudulent means or by providing false information.

30.3.5(2) d No Student shall use any University computer or computer related facility without proper authorization or in contravention of the conditions for use of University computer or computer related Facilities.

30.3.5(2) e No Student shall introduce any Malicious Code on any University computer or use any University computer to develop, modify, mutate, disseminate, propagate or release any Malicious Code.

30.3.6 Other Offences

30.3.6(1) Alcohol Provision and Consumption

30.3.6(1) a No Student shall consume or serve alcohol on University property other than in licensed premises, at a University function with a valid permit issued by Housing and Food Services or in accordance with regulations pertaining to University residences.

30.3.6(1) b No Student shall violate the regulations regarding alcohol use set forth in 30.9[Appendix 2 - Regulations Pertaining to Special Events, the Use of University Resources and the Provision of Alcohol].

30.3.6(1) c No Student shall violate Alberta Gaming and Liquor Board regulations regarding the use of alcohol on campus. These regulations must be posted at any function serving alcohol on campus.

30.3.6(2) Breach of Rules External to the Code

30.3.6(2) a No Student shall engage in conduct that violates any municipal by-law, Provincial or Federal statute or regulation, or University regulation (Rules External to the Code). Conduct that breaches Rules External to the Code shall be deemed to be an offence under this Code and shall be subject to the disciplinary and appeal processes set out in this Code, if the conduct has a real and substantial link to the University, University Activities, the University Community, or University-related Functions, whether or not the conduct occurred on or in relation to University property.

30.3.6(2) b The determination of whether any conduct has such a real and substantial link may be made by any person or body authorized to make decisions in the disciplinary and appeal processes set out in this Code, and this determination may be appealed as part of an appeal provided for by this Code.

30.3.6(2) c The determination of whether a Student has breached Rules External to the Code may be made by any decision-maker under this Code, and this determination may be appealed as part of an appeal provided for by this Code.

30.3.6(2) d The determination referred to in 30.3.6(2) c shall be made in accordance with the rules of evidence and the burdens of proof specified in this Code. If, however, a person, court, tribunal, or other decision-making body with jurisdiction over an alleged Breach of Rules External to the Code has ruled that the Student did or did not commit a violation,

30.3.6(2) d. i evidence of that ruling, in any form satisfactory to the decision-maker, may be introduced as evidence that the Student did or did not (as the case may be) commit an offence for the purposes of this Code; and

30.3.6(2) d. ii the decision-maker shall accord such weight to the evidence of the ruling as the decision-maker considers appropriate in the circumstances.

30.3.6(2) e A Student who has been found to have committed an offence may receive a sanction under both the Code and Rules External to the Code.

30.3.6(3) Identification

No Student shall refuse to provide identification upon request by a University Official or employee acting in the course of that person's duties, provided the University Official or employee has reason to believe the Student is committing, has committed or is about to commit an offence.

30.3.6(4) Misrepresentation of Facts

No Student shall misrepresent pertinent facts to any member of the University community for the purpose of obtaining academic or other advantage. See also 30.3.2(2) b, c, d and e.

30.3.6(5) Participation in an Offence

No Student shall counsel or encourage or knowingly aid or assist, directly or indirectly, another person in the commission of any offence under this Code.

30.3.6(6) Smoking

No Student shall smoke during Class or at any time in any area of the University where smoking is banned.

30.4 Sanctions and their Impact

30.4.1 General Provisions

Different members of the University have the authority to decide that a Student has breached the Code and to set a sanction. Unit Directors may impose Minor Sanctions for specific breaches that occur within their unit and may recommend that the Discipline Officer impose Intermediate or Severe Sanctions. The Director of CSS may recommend that the Discipline Officer impose Minor, Intermediate or Severe Sanctions. Deans have the authority to set Minor or Intermediate Sanctions and may recommend that the Discipline Officer impose Severe Sanctions. The Discipline Officer and the UAB have the authority to set Minor, Intermediate, or Severe Sanctions.

30.4.1(1) In determining both the length and/or the effective date of a sanction, a decision-maker imposing the sanction shall take into account the impact of the sanction on the Student's academic program and record.

30.4.1(2) Any sanction shall take effect on the date of the decision imposing the sanction, unless it is noted in the decision that the sanction shall take effect at another time. Any change to a sanction as a result of an appeal (the removal of, increase in or addition to a sanction) shall take effect according to specified instructions in the written appeal decision.

30.4.1(3) Disciplinary sanctions and the related decision(s) shall be noted in the Student’s academic record that is maintained by the Faculty in which the Student is registered or on the file held by the Dean of Students in the case of Student Groups and may also be noted on a record held by Campus Security Services. The Office of the Registrar shall note Encumbrances, Grade Reductions, Suspensions, Expulsions, Suspensions or Rescissions of Degrees and Exclusions on a Student’s Permanent Academic Record.

30.4.1(4) If a Student has engaged in conduct for which the Student has received a sanction by a person, court, tribunal or other decision making body pursuant to Rules External to the Code (including but not limited to University of Alberta Library, Parking or Residence Regulations), and the conduct is found to be an offence under this Code then the Student may receive a sanction under this Code, in addition to the sanction imposed pursuant to the Breach of Rules External to the Code [30.3.6(2)].

30.4.2 Types of Sanctions

30.4.2(1) Community Service

30.4.2(1) a "Community Service" is an order for the provision of specified services to the University, a corporation, an unincorporated association or other group, or an individual or individuals, and may include janitorial work, landscaping work, gathering litter, repair work, kitchen work, or other services that may benefit the University Community.

30.4.2(1) b Community Service is an optional condition of Conduct Probation.

30.4.2(1) c The number of hours of Community Service (not to exceed 100 hours) and the period within which the Community Service must be completed (not to exceed 12 months) must be specified. A University Official or number of University Officials must be designated to ensure that Community Service is completed, within the time specified and to a reasonable standard of performance.

30.4.2(1) d In the case of individual Students, the sanction of Community Service and particulars relating thereto shall be noted on the Student’s academic record kept by the Dean of the Faculty in which the Student is registered, or the Discipline Record kept by the Discipline Officer.

30.4.2(1) e In the case of Student Groups, the sanction of Community Service and particulars relating thereto shall be noted on the file held by the Dean of Students and the Discipline Record kept by the Director of CSS or Discipline Officer.

30.4.2(2) Conduct Probation

30.4.2(2) a "Conduct Probation" is an order that a Student comply with prescribed conditions for a specified time, not to exceed the greater of 3 years or the date of completion of a Degree program in which the Student was enrolled at the time of imposition of the order of Conduct Probation.

30.4.2(2) b The conditions that may be prescribed in Conduct Probation include the following:

30.4.2(2) b.i not to commit any further offences during the term of Conduct Probation;

30.4.2(2) b.ii to report at specified periods to a specified University Official;

30.4.2(2) b.iii to abstain from the consumption of alcohol, drugs (except in accordance with a medical prescription), or other intoxicating substances while on University property;

30.4.2(2) b.iv to perform up to 100 hours of Community Service over a period not exceeding 12 months;

30.4.2(2) b.v to prepare a paper or essay on a topic relevant to the offence that the Student was found to have committed;

30.4.2(2) b.vi to write a letter of apology;

30.4.2(2) b.vii to refrain from contact with an identified person or persons;

30.4.2(2) b.viii to refrain from being at or being within a specified distance from a specified place or person on University property; and/or

30.4.2(2) b.ix such other reasonable conditions considered desirable for protecting the University Community, for encouraging the Student to take responsibility for the Offence, for rehabilitating the Student, and for ensuring that the Student provides reparation for harm done to the University Community, to University property or the property of others.

30.4.2(2) c An order of Conduct Probation shall specify whether the Dean, Director of CSS or Discipline Officer has the responsibility to ensure that the terms of the Conduct Probation are performed and to certify, when and as necessary, that the terms of the Conduct Probation have been met to a reasonable standard of performance or have been breached.

30.4.2(2) d An order of Conduct Probation shall specify a sanction to be imposed should the Student breach the conditions of Conduct Probation.

30.4.2(2) e In the case of individual Students, the sanction of Conduct Probation and particulars relating thereto shall be noted on the Student’s academic record kept by the Dean of the Faculty in which the Student is registered, or the record kept by the Discipline Officer. Additionally, the Student’s Permanent Academic Record will be flagged until certification of the completion of Conduct Probation by the Dean of the Faculty in which the offence occurred, the Discipline Officer as the case may be.

30.4.2(2) f In the case of Student Groups, the sanction of Conduct Probation and particulars relating thereto will be noted on the file held by the Dean of Students and the record kept by the Discipline Officer.

30.4.2(2) g Any new offence that constitutes a breach of the prescribed conditions of Conduct Probation during the defined period may lead to additional charges under this Code.

30.4.2(3) Encumbrance

30.4.2(3) a An "Encumbrance" is a notation by the Registrar on a Student’s Permanent Academic Record that results in the withholding of Student grades or other indicators of academic attainment, withholding of transcripts, denial or termination of registration until the Registrar is provided with:

30.4.2(3) a.i proof that a specified Fine has been paid to Financial Services or that arrangements satisfactory to the University have been made to do so;

30.4.2(3) a.ii proof that Restitution has been made to the satisfaction of the University of Alberta; or

30.4.2(3) a.iii certification of the completion of Conduct Probation has been provided by the Dean, Director of CSS, or Discipline Officer, as the case may be.

30.4.2(4) Exclusion.

30.4.2(4) a "Exclusion" prohibits or restricts the Student's presence on campus and participation in any Class, University activity or Student affair for either a specified time or for an indefinite period of time. A Student may be excluded from all or a specified part of the University.

30.4.2(4) b In cases of Exclusion when a specified time period for the Exclusion is noted, then the Exclusion shall appear on the Student’s record in the Faculty in which a Student is registered and on the Student’s Permanent Academic Record until the period of Exclusion has expired.

30.4.2(4) c In the case of Exclusion when no time limit is indicated, an entry shall appear on the Student’s record in the Faculty in which a Student is registered and on the Student’s Permanent Academic Record indefinitely or until such time as the Student has met any conditions set for return to the University.

30.4.2(4) d In all cases of Exclusion, the notation will include a description of the areas of the University from which the Student is barred (all of the University or specified areas).

30.4.2(4) e A Student shall receive credit for any course passed before the effective date of the Exclusion.

30.4.2(4) f Withdrawals resulting from a decision of Exclusion will show as grades of "W" on the Permanent Academic Record and will remain part of that Record.

30.4.2(4) g If a Student is Excluded from the University the fee refund dates outlined in § 22.2.9 of the University Calendar shall apply.

30.4.2(5) Expulsion

30.4.2(5) a "Expulsion" requires a Student to withdraw completely from the University for an indefinite period of time. The Student shall not be permitted to return without the approval in writing of the Provost and Vice-President (Academic) in consultation with the Faculty from which the Student was expelled. Such approval shall not be given before the expiry of four years.

30.4.2(5) b Any course work completed at any institution during the period of Expulsion will not be accepted as credit towards a Student’s Degree, or for admission to a Degree program, or other certification at the University of Alberta.

30.4.2(5) c Expulsion shall be noted on the Student’s record in the Faculty in which a Student is registered and on the Student’s Permanent Academic Record in perpetuity or until such time as the Student is readmitted to the University.

30.4.2(5) d A Student shall receive credit for any course passed before the effective date of the Expulsion.

30.4.2(5) e Withdrawals resulting from a decision of Expulsion will show as grades of "W" on the Permanent Academic Record and will remain part of the Student's Permanent Academic Record.

30.4.2(5) f If a Student is Expelled the fee refund dates outlined in § 22.2.9 of the University Calendar shall apply.

30.4.2(6) Fine

30.4.2(6) a A "Fine" means an order for payment of a specified sum by the Student to Financial Services. Funds from Fines shall be used for Student bursaries.

30.4.2(6) b If the Student and the University agree, a Fine may be paid in whole or in part by the provision of services by the Student to the University. The nature of the services shall be agreed upon by the University and the Student. Calculation of the value of the services shall be in accordance with the rate normally paid for persons who ordinarily perform the service.

30.4.2(6) c In the case of an individual, the Student’s Permanent Academic Record is encumbered in the amount owing for the Fine until the amount is paid in full.

30.4.2(6) d In the case of a Student Group the amount owing for the Fine is noted on the file held by the Dean of Students until the amount is paid in full.

30.4.2(7) Grade Reduction, Grades of 1F or 1FI in a course

30.4.2(7) a Marks for an assignment(s) or the grade for a course may be reduced as a sanction for Inappropriate Academic Behaviour. The Student’s grade in the course or grade point average may, as a consequence, be substantially reduced.

30.4.2(7) b A grade of either 1F or 1FI may be assigned as a sanction for Inappropriate Academic Behaviour in both graded and non-graded courses. Both 1F and 1FI indicate a failing grade with the grade of 1FI indicating a disciplinary sanction for more serious instances of Inappropriate Academic Behaviour.

30.4.2(7) c Grade reductions and grades of 1F or 1FI resulting from discipline decisions shall be calculated into the Student's GPA. Mark reductions, reductions in final course grades and grades of 1F or 1FI and may result in a Student being required to withdraw from his or her program.

30.4.2(7) d A grade of 1FI shall remain on the Student’s Permanent Academic Record for a period of 2 years from the date indicated by the Dean or Discipline Officer in the discipline decision. After that time, the grade of 1FI shall be changed to 1F.

30.4.2(8) Rescission of a Degree

30.4.2(8) a "Rescission of a Degree" means that the original award of a Degree will be perpetually deleted from the Student’s Permanent Academic Record. The Permanent Academic Record will indicate that the Degree has been rescinded.

30.4.2(8) b The Discipline Officer may recommend to the Provost and Vice-President (Academic) that the University publish notification of the Rescission of the Degree. In the case of a professional Degree, this would include notification to the appropriate professional body. The Vice-President's decision to act on this recommendation shall be deferred until an appeal is heard and decided.

30.4.2(9) Reprimand

30.4.2(9) a A "Reprimand" is a notation of concern about the conduct of a Student.

30.4.2(9) b In the case of an individual, the Reprimand is noted on the academic record held by the Faculty in which a Student is registered.

30.4.2(9) c In the case of a Student Group the Reprimand is noted on the file held by the Dean of Students.

30.4.2(10) Restitution

30.4.2(10) a "Restitution" is an order that a Student pays money

30.4.2(10) a.i to one or more of another individual, a corporation, an unincorporated association or other unincorporated group, or the University, as Restitution for damage to or the loss or destruction of any property as the result of the commission of an offence by the Student. The amount of Restitution shall not exceed the replacement cost of the property as of the date that the order is imposed, less the value of any part of the property that has been returned; and/or

30.4.2(10) a.ii to an individual who has suffered bodily harm as a result of the commission of an offence by the Student, as Restitution for all expenses or loss of income suffered as a result of the offence. Restitution is not payable as compensation for pain and suffering.

30.4.2(10) b In the case of Student Group activities, Restitution by a Student Group will be an automatic sanction for any damage inflicted by the group, its members or its guests.

30.4.2(10) c Restitution shall not be ordered unless evidence has been adduced that supports the calculation of the cost of the damage or injury caused by the commission of the Offence by the Student.

30.4.2(10) d In the case of an individual, the Student’s Permanent Academic Record is encumbered in the amount owing in Restitution until the amount is paid in full.

30.4.2(10) e In the case of a Student Group the amount owing is noted on the file held by the Dean of Students until the amount is paid in full.

30.4.2(10) f The Dean or Discipline Officer who imposed the sanction shall make the determination of when the amount owing in Restitution has been paid in full.

30.4.2(11) Suspension

30.4.2(11) a "Suspension" requires a Student to withdraw completely from the University, his/her program in the University, and from all University Activities for a specified period of time, to a maximum of three years.

30.4.2(11) b Suspension shall be noted on the Student’s record in the Faculty in which a Student is registered and on the Permanent Academic Record during the period of the Suspension and for 3 years from the day the Suspension ended.

30.4.2(11) c A Student shall receive credit for any course passed before the effective date of the Suspension.

30.4.2(11) d Withdrawals resulting from a decision of Suspension will show as grades of "W" on the Student’s Permanent Academic Record and will remain part of that record.

30.4.2(11) e A student is deemed to have withdrawn from all courses as of the date of a suspension; the fee refund dates outlined in § 22.2.9 of the University Calendar shall apply. (CLRC 30 MAY 2002)

30.4.2(11) f Upon expiry of the period of Suspension the Student will be permitted to re-enroll in the program from which the Student was suspended provided the Student has not been required to withdraw in accord with the Faculty's published Academic Standing regulations. If the suspension is for 12 months or more, the Student must apply for readmission to the University.

30.4.2(11) g Any course work completed at any institution during the period of Suspension will not be accepted as credit towards an individual's Degree, or for admission to a Degree program, or other certification at this University.

30.4.2(12) Suspension of a Degree

30.4.2(12) a Upon Suspension of a Degree the original award of a Degree will be removed from the Student’s Permanent Academic Record and the Permanent Academic Record will show that the Degree has been suspended until the Student meets the requirements of the University to clear the Suspension.

30.4.2(12) b If at the end of the time specified by a discipline decision, the Student has met the requirements of the Discipline Officer or the UAB to clear the Suspension, the original award will be restored to the Student’s Permanent Academic Record with the original date. The record of the Suspension will be removed from the Permanent Academic Record.

30.4.2(12) c If, at the end of the time specified in a discipline decision, the Student has not met the requirements of the Discipline Officer or the UAB to clear the Suspension, the record of the Suspension will be removed. The original award will remain perpetually deleted from the Student’s Permanent Academic Record.

30.4.2(12) d The Discipline Officer may recommend to the Provost and Vice-President (Academic) that the University publish notification of the Suspension of a Degree. In the case of a professional Degree, this would include notification to the appropriate professional body. The decision of the Provost and Vice-President (Academic) respecting this recommendation shall be deferred until an appeal is heard and decided. The decision of the Provost and Vice-President (Academic) is final and binding.

30.4.2(13) Suspension of Essential University Services and Resources

30.4.2(13) a "Suspension of Essential University Services and Resources" is the denial, for a specified period of time, of those services and resources that are necessary for the completion of a Student’s program of studies at the University.

30.4.2(13) b The classification of a sanction as a Suspension of Essential University Services and Resources may be appealed as part of an appeal relating to sanction.

30.4.2(13) c The Suspension of Essential University Services and Resources shall be noted on the Student’s academic record kept by the Dean of the Faculty in which the Student is registered and/or a record kept by the Director of CSS.

30.4.2(14) Suspension of Non-essential University Services and Resources

30.4.2(14) a "Suspension of Non-essential University Services and Resources" is the denial, for a specified time, of those services or resources that are convenient or helpful to a Student but not necessary for the Student to complete a specific University program.

30.4.2(14) b The classification of a sanction as a Suspension of Non-essential University Services and Resources may be appealed as part of an appeal relating to sanction.

30.4.2(14) c The Suspension of Non-essential University Services or Resources shall be noted on the Student’s academic record kept by the Dean of the Faculty in which the Student is registered and/or a record kept by the Director of CSS.

30.4.2(15) Suspension of Student Group Registration

30.4.2(15) a The registration of a Student Group may be suspended for a specified period of time for violations of the Code.

30.4.2(15) b A Student Group may not carry on any activities during the period of Suspension.

30.4.2(15) c The record of Suspension of Student Group Registration shall be kept on the file held by the Dean of Students and shall show that the Student Group Registration has been suspended until the Student Group meets the requirements of the University to clear the Suspension.

30.4.2(16) Violation Notices

In instances where the conduct in question or its effects are of a minor nature, a "Violation Notice" and an associated fine may be issued by a member of CSS in lieu of initiating any other proceedings under this Code. See 30.5.6(2).

30.4.3 Levels of Sanction

30.4.3(1) Minor Sanctions

30.4.3(1) a Instructors have the authority to dismiss a Student from Class for no more than 3 hours of Class time for Disruption of a Class. In cases where a single class meeting is longer than 3 hours the student may be excluded from that entire class. See 30.3.4(1) (CLRC 28 FEB 2002) (CLRC 30 MAY 2002)

30.4.3(1) b Unit Directors have the authority to impose the following sanctions on a Student based on a finding that the Student has committed an offence under this Code relating to the Director’s unit.

30.4.3(1) b.i Reprimand.

30.4.3(1) b.ii Fine, in an amount not to exceed $100 per Student.

30.4.3(1) b.iii Suspension of specified Essential University Services or Resources for a period of not more than 10 Working Days.

30.4.3(1) b.iv Suspension of specified Non-essential University Services or Resources for a period of not more than one year.

30.4.3(1) c Campus Security Service members have the authority to issue the following sanctions in violation notices:

30.4.3(1) c.i Fine, in an amount not to exceed $100 for Inappropriate Behaviour toward Members of the University Community not including Disruption of Class [30.3.4(1)a], Discrimination [30.3.4(2)], sexual or physical contact with another person without that person’s consent [30.3.4(6)a] or harassment or sexual harassment [30.3.4(6)d];

30.4.3(1) c.ii Fine, in an amount not to exceed $50 for Inappropriate Use of University Property and Resources [30.3.5];

30.4.3(1) c.iii Fine, in an amount not to exceed $50 for Other Offences [30.3.6] not including Alcohol Provision and Consumption;

30. 4.3(1) c.iv Restitution in addition to or in lieu of any other applicable fine in an amount not to exceed $500.

30.4.3(2) Intermediate Sanctions

30.4.3(2) a The Dean of the Faculty in which the offence occurred has the authority to impose one or more of the following sanctions in addition to or in lieu of Minor Sanctions based on a finding that the Student has committed an offence under this Code:

30.4.3(2) a.i a mark of 0 on an assignment for reason of Inappropriate Academic Behaviour;

30.4.3(2) a.ii Reduction of a grade in a course;

30.4.3(2) a.iii a grade of 1F for a course;

30.4.3(2) a.iv a grade of 1FI for a course;

30.4.3(2) a.v Suspension of specified Essential University Service or Resource for a period of 10 Working Days to one year;

30.4.3(2) a.vi Suspension of a specified Non-essential University Services or Resource for a period of one to three years;

30.4.3(2) a.vii Suspension or banning of a Student Group Activity;

30.4.3(2) a.viii a Fine in an amount not to exceed $500 per Student;

30.4.3(2) a.ix Conduct Probation; and

30.4.3(2) a.x Exclusion from all or specified areas of the University for a specified period of time.

30.4.3(2) b The Dean of Students has the authority to impose one or more of the following sanctions in addition to or in lieu of Minor Sanctions based on a finding that a Student Group has committed an offence under this Code:

30.4.3(2) b.i Suspension or banning of a Student Group Activity;

30.4.3(2) b.ii a Fine in an amount not to exceed $500;

30.4.3(2) b.iii an order for the payment of Restitution by a Student Group, in an amount not exceeding $1000;

30.4.3(2) b.iv Conduct Probation; and

30.4.3(2) b.v Suspension of Student Group registration.

30.4.3(3) Severe Sanctions

The Discipline Officer and the UAB have the authority to impose one or more of the following sanctions, in addition to or in lieu of Minor or Intermediate Sanctions, based on a finding that the Student has committed an offence under this Code:

30.4.3(3) a Exclusion from all or specified areas of the University for an unspecified period of time;

30.4.3(3) b Expulsion;

30.4.3(3) c Suspension;

30.4.3(3) d Suspension of specified Essential University Services or Resources for more than one year;

30.4.3(3) e Suspension of a Degree already awarded;

30.4.3(3) f Rescission of a Degree already awarded;

30.4.3(3) g an order for Restitution; and

30.4.3(3) h a Fine not to exceed $2000.

30.4.4 Public Information about Disciplinary Sanctions

30.4.4(1) A report of disciplinary sanctions other than those of Exclusion shall be published in Gateway and announced at General Faculties Council twice yearly, in the fall and spring. The announcement will include the year of the Student, the offence of which they were charged and the outcome but not any personally identifying information. These materials may also appear in other University publications.

30.4.4(2) In cases where a Student has been excluded from campus, the University is entitled to notify the University Community by any means of the Student’s name, the fact that the Student has been excluded from campus and any other information that is deemed necessary for the safety of members of the University Community.

30.5 The Discipline Process

30.5.1 The General Rules of Discipline and Appeal

30.5.1(1) There are seven main disciplinary and appeal streams:

30.5.1(1) a A complaint is initiated by a member of the University Community under 30.5.2. The Unit Director, Dean or Director of CSS must first determine whether pursuing the charges is warranted (a decision not to proceed may be reviewed); if so, the investigation is undertaken and/or a decision is made by the Unit Director, Director of CSS, Dean or Discipline Officer following the steps in 30.5.5, 30.5.6(3), 30.5.7 or 30.5.8. The decision of the Unit Director, Dean or Discipline Officer may be appealed under 30.6 to the UAB whose review decision is final and binding.

30.5.1(1) b A complaint is initiated by an Instructor respecting Exclusion under 30.3.3. The Instructor makes a recommendation to the Dean; the Dean investigates and decides following the steps in 30.5.7. The decision of the Dean may be appealed under 30.6 to the UAB whose review decision is final and binding.

30.5.1(1) c A complaint is initiated by an Instructor respecting Inappropriate Academic Behaviour under 30.5.4 or Misrepresentation of Facts [30.3.6(4) or Participation in an Offence [30.3.6(5)] in cases respecting Inappropriate Academic Behaviour. The Instructor makes a recommendation to the Dean who investigates and makes a decision following the steps in 30.5.7. The decision of the Dean may be appealed under 30.6 to the UAB whose review decision is final and binding. (CLRC 30 MAY 2002)

30.5.1(1) d An investigation respecting an Inappropriate Use Offence is initiated by a Unit Director, who, on a finding that an offence has been committed, may impose Minor Sanctions and/or may recommend Intermediate Sanctions or Severe Sanctions (or some combination thereof) following the steps in 30.5.5. If an Intermediate or a Severe Sanction is recommended, the Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are made to the UAB under 30.6, whose review decision is final and binding.

30.5.1(1) e A Violation Notice and associated Fine and/or Restitution is issued by Campus Security Services which may be contested before the Director of CSS or the Discipline Officer under 30.5.6(2).

30.5.1(1) f An investigation is initiated by the Director of CSS, leading to a recommendation for Sanction to the Discipline Officer. The Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are made to the UAB under 30.6, whose review decision is final and binding.

30.5.1(1) g An investigation is initiated by a Dean, who, on finding that an offence has been committed, may impose Minor Sanctions or Intermediate Sanctions or may recommend Severe Sanctions (or some combination thereof) following the steps in 30.5.7. If a Severe Sanction is recommended, the Discipline Officer, following the steps in 30.5.8, decides whether the sanction is warranted. Appeals of a finding that an offence has been committed or sanction imposed are made to the UAB under 30.6, whose review decision is final and binding.

30.5.1(2) The following procedures do not preclude charges of Breaches of Rules External to the Code [see 30.3.6(2)] being laid against Students.

30.5.1(3) If a University staff member authorized to make a discipline decision has a conflict of interest in relation to particular allegations respecting a Student, the staff member shall so notify the Provost and Vice-President (Academic). The Provost and Vice-President (Academic) or delegate shall appoint and authorize another staff member to make the discipline decision and to perform all activities in connection with the decision.

30.5.1(4) A discipline decision may be appealed by a Student who has been found to have committed an offence under the Code.

30.5.1(5) Students may appeal discipline decisions only once. Therefore, the following restrictions apply:

30.5.1(5) a Because the Student already has the right of appeal under the Code, a Student may not appeal to the Faculty Academic Appeals Committee a mark of 1F or 1FI given as a result of a discipline decision or an Academic Standing decision that is solely the result of a discipline decision.

30.5.1(5) b If a Student’s Academic Standing is changed as a result of a discipline decision by the Dean or Discipline Officer to assign a mark of 0 on an assignment or lower the final mark, the Student may appeal to the Faculty Academic Appeals Committee only that portion of the mark unaffected by the sanction. In the case of an appeal to the Faculty Appeals Committee, there will be full and open disclosure of all aspects of the discipline decision. The Faculty Academic Appeals Committee cannot change that portion of the mark affected by the Dean or Discipline Officer’s decision.

30.5.1(5) c Because the Student has already had the right of appeal under the Code, a Student may not appeal an Academic Standing decision that is solely the result of a discipline decision to the Faculty Academic Appeals Committee.

30.5.1(5) d A Student may appeal to the Faculty Academic Appeals Committee an Academic Standing decision that is not solely the result of a discipline decision. In the case of an appeal to the Faculty Academic Appeals Committee, there will be full and open disclosure of all aspects of the discipline decision. The Faculty Academic Appeals Committee cannot change the portion of any mark affected by the discipline decision.

30.5.1(6) Notice to Students

30.5.1(6) a Material or decisions pertaining to a disciplinary process or appeal, and notice of appeal hearings may be hand-delivered, sent by courier, or sent by regular or registered mail. Alternatively, at the Student’s request, the Student may pick up the material, decision or notice at an arranged place.

30.5.1(6) b When sent by mail, the material, decision or notice shall be sent to the last address provided by the Student to the University.

30.5.1(6) c Delivery is deemed to have been effected on the date of pick-up, personal receipt of hand or courier delivery or 5 Working Days following regular or registered mailing.

30.5.2 Procedures for Any Member of the University Community who believes that a Student has committed a Violation of the Code of Student Behaviour

30.5.2(1) A Complainant may initiate proceedings against a Student.

30.5.2(2) The Complainant must first determine who is the most appropriate person to speak to about the complaint.

30.5.2(2) a Where the Complainant believes that an offence involving Inappropriate Academic Behaviour [30.3.2] has been committed during a course, the Complainant should first speak to the Instructor of the course. If it is not possible to speak with the Instructor for any reason or if the Complainant is not satisfied with the results of the conversation, he or she should speak to the Dean.

30.5.2(2) b Where the Complainant believes a Student has disrupted Class [30.3.4(1)] and should be dismissed from Class, the Complainant should first speak with the Instructor of the Class. If it is not possible to speak with the Instructor for any reason or if the Complainant is not satisfied with the results of the conversation, he or she should speak to the Dean.

30.5.2(2) c Where the Complainant believes that an offence involving Inappropriate Behaviour in a Professional Program [30.3.3] has been committed, the Complainant should first speak to the University Official in charge of the Professional Program. If it is not possible to speak with the University Official for any reason or if the Complainant is not satisfied with the results of the conversation, he or she should speak to the Dean.

30.5.2(2) d Where the Complainant believes that a Student has committed an Inappropriate Use of University Property and Resources Offence [30.3.5], the Complainant should first speak to the Unit Director (i.e. including but not limited to, the Unit Director for the library, bookstore, CNS, gym, residence hall). If it is not possible to speak with the Unit Director for any reason or if the Complainant is not satisfied with the results of the conversation, he or she should speak to Campus Security Services.

30.5.2(2) e Where the Complainant believes that a Student has committed an Inappropriate Behaviour towards Members of the University Community Offence [30.3.4, excluding Disruption] or an Other Offence [30.3.6], the Complainant should speak to Campus Security Services.

30.5.2(3) If the procedures in 30.5.2(2) have failed to bring resolution or the Complainant chooses to initiate a formal complaint, the Complainant must deliver a written and signed statement explaining the alleged violation of this Code to either the Director of CSS and/or Dean. The complaint shall be a detailed written description of the incident. This shall include the time and place, person or persons involved, and all relevant information concerning the incident. In order to protect and to ensure the safety of all members of the University Community, discretion will be used in revealing the name of the Complainant to the Student charged, should the complaint proceed.

30.5.2(4) The Dean and Director of CSS shall work jointly on allegations that involve both academic and security matters. Otherwise they will decide which of them is the most appropriate person to handle an allegation. Usually Deans shall handle charges related to academic matters and the Director of CSS shall deal with other matters.

30.5.2(5) If the Director of CSS and/or Dean decide to proceed with a complaint, the procedures under 30.5.6(3) and 30.5.7 shall apply.

30.5.2(6) The Director of CSS and/or Dean may decline to proceed with a complaint under the following circumstances:

30.5.2(6) a Where the complaint is primarily concerned with regulations of another official University organization, and the Director of CSS and/or Dean believes that the complaint should be dealt with in accordance with procedures established by that organization;

30.5.2(6) b Where the Director of CSS and/or Dean believes that no University rule has been broken;

30.5.2(6) c Where the Director of CSS and/or Dean believes the complaint to be scandalous, frivolous or vexatious; or

30.5.2(6) d Where one year or more has elapsed since the incident.

30.5.2(7) If the Director of CSS and/or Dean has declined to proceed with a complaint, the Complainant must be notified in writing and the reasons given.

30.5.2(8) The Complainant may appeal a decision of the Dean and/or Director of CSS not to proceed by delivery of a written letter to the Appeals Co-ordinator within 15 working days of the deemed receipt of the decision. The decision shall include information regarding the Complainant's rights to appeal, the appeal deadlines, the appeal procedures, where to get access to the Code and where on-campus assistance is available. The Office of the Provost and Vice-President (Academic) shall, in consultation with the Appeals Co-ordinator, authorize a three-person panel to review the Dean and/or CSS Director's decision. None of the members of this panel shall be members of the UAB. At least one member of the three-person panel shall be a Student appointed by the Associate Provost and Dean of Students. (CLRC 30 MAY 2002)

30.5.2(8) a If the panel decides that the decision of the Director of CSS and/or Dean was appropriate then no further proceedings shall be taken respecting the complaint under this Code.

30.5.2(8) b If the panel decides that the decision of the Director of CSS and/or Dean was not appropriate, the panel shall direct the Discipline Officer to proceed with the complaint in accordance with 30.5.6 or 30.5.7.

30.5.2(8) c The Appeals Co-ordinator will forward the panel's decision to the Discipline Officer and the Complainant. The decision of the panel is final and binding.

30.5.3 Procedures for Instructors in Cases Respecting Class Disruptions

30.5.3(1) When a Student disturbs, disrupts, or otherwise interferes with classroom activities, the Instructor may immediately exclude the Student from the course for that particular Class meeting and subsequent meetings not to exceed 3 hours of instruction in total. In cases where a single class meeting is longer than 3 hours the student may be excluded from that entire class. (CLRC 22 APR 2002) (CLRC 30 MAY 2002)

30.5.3(2) The Instructor shall talk to the Dean about the incident as soon as possible after the event occurred, and the Instructor shall inform the Dean about the incident, normally within 2 Working Days.

30.5.3(3) If the Student again engages in the behaviour described in 30.5.3(1) when re-admitted to Class, the Instructor may again immediately exclude the Student from the Class. However, the Instructor must then lay a charge against the Student under the Code. The Instructor shall talk with the Dean (and the Director of CSS, if appropriate) as soon as possible after the second dismissal and provide a written statement of both incidents within 2 Working Days.

30.5.3(4) The Student's Exclusion from the Class shall remain in effect until the Dean, the Discipline Officer or the UAB reaches a final decision.

30.5.3(5) If a Student is reinstated by a decision of the Dean, the Discipline Officer or the UAB, such decision shall not invalidate the prior action of the Instructor. The Dean or Department Chair shall, however, ensure that every effort is made to make up the Student's lost Class time, but the University shall not be held legally responsible for any lost Class time.

30.5.3(6) The Dean shall follow the procedures in 30.5.7 or the Discipline Officer shall follow the procedures in 30.5.8 in dealing with the allegations against the Student.

30.5.4 Procedures for Instructors in Cases Respecting Inappropriate Academic Behaviour

30.5.4(1) When an Instructor believes that a Student may have committed an Inappropriate Academic Behaviour Offence [30.3.2] or that there has been Misrepresentation of Facts [30.3.6(4)] or Participation in an Offence [30.3.6(5)] in cases respecting Inappropriate Academic Behaviour in the course that he or she instructs, the Instructor will, (CLRC 30 MAY 2002)

30.5.4(1) a take into account the available information, and recommend a sanction to the Dean.

OR

30.5.4(1) b meet with the Student prior to making a recommendation to the Dean. Before such a meeting, the Instructor shall inform the Student of the purpose of the meeting. In the event that the Student refuses or fails to meet with the Instructor within a period of time specified by the Instructor, the Instructor shall, taking into account the available information, decide whether or not to recommend a sanction to the Dean.

30.5.4(2) In the event that the Instructor decides to recommend a sanction to the Dean, the Instructor shall inform the Dean of the incident as soon as possible after the event occurred, providing a written statement of the details of the case and a recommendation on sanction.

30.5.4(3) The Dean, acting in accordance with 30.5.7, shall decide whether the Student has committed an offence and, if so, whether the sanction recommended by the Instructor or any other sanction is appropriate.

30.5.5 Procedures in Cases Initiated by Unit Directors Respecting Inappropriate Use Offences

30.5.5(1) When a Unit Director believes that a Student has committed an Inappropriate Use Offence in the unit or department in which the Unit Director works, that Unit Director has the authority to initiate disciplinary proceedings. That person shall meet with the Student about the alleged offence, complete any necessary investigation of the matter, and decide whether or not, on the balance of probabilities, the Student has committed an offence.

30.5.5(2) In the event that the Student refuses or fails to meet with the Unit Director within a specified period of time, a decision, which may include a sanction, shall be made, taking into account the available evidence.

30.5.5(3) If the Unit Director finds an offence has been committed and decides that one or more of the Minor Sanctions listed in 30.4.3(1) is appropriate, the Unit Director shall, in accordance with 30.5.1(6), inform the Student in writing of the decision and the reasons for that decision. The letter shall include information on how the Student can appeal the decision. The Unit Director shall provide a copy of the decision to the Director of CSS and the Dean of the Faculty in which the Student is enrolled. The Student may appeal the finding that an offence has been committed and/or the sanction to the UAB under 30.6.

30.5.5(4) If the Unit Director finds that an offence has been committed and believes that owing to the serious nature of the actions of the Student, an Intermediate or a Severe Sanction is warranted in addition to or in lieu of a Minor Sanction, the Unit Director may forward a written recommendation for a specific Intermediate or Severe Sanction to the Discipline Officer. The written recommendation shall include all particulars of the offence. The Discipline Officer shall follow the procedures outlined in 30.5.8.

30.5.6 Procedures for Campus Security Services

30.5.6(1) The following procedures apply in cases respecting Inappropriate Behaviour towards Members of the University Community, excluding Disruption in Class [30.3.4(1)a], Inappropriate Use of University Property and Resources [30.3.5] and Other Offences [30.3.6].

30.5.6(2) Violation Notice Procedures

A member of CSS may, because of the minor nature of the conduct in question or of its effects may issue and serve the Student with a Violation Notice in lieu of initiating any other proceedings to be initiated under this Code. Violation Notices may be issued for Inappropriate Behaviour towards Members of the University Community (excluding Disruption in Class [30.3.4(1)a], Discrimination [30.3.4(2)], sexual or physical contact with another person without that person’s consent [30.3.4(6)a] or harassment or sexual harassment [30.3.4(6)d]); Inappropriate Use of University Property and Resources [30.3.5] and Other Offences [30.3.6] excluding Alcohol Provision and Consumption [30.3.6(1)].

30.5.6(2) a A Violation Notice shall set out

30.5.6(2) a.i the name of the Student,

30.5.6(2) a.ii the applicable offence,

30.5.6(2) a.iii the name of the member of CSS who issued the Violation Notice,

30.5.6(2) a.iv the date on which the Violation Notice was issued,

30.5.6(2) a.v the amount of the fine as specified in 30.5.6(2) c and,

30.5.6(2) a.vi the following notice:

"This Violation Notice is issued by the authority of the Board of Governors and the General Faculties Council of the University of Alberta for a contravention of the Code of Student Behaviour. Payment in the amount specified hereon must be made to the University of Alberta Financial Services within 15 Working Days of the date of the Violation Notice. Payment shall be accompanied by this Violation Notice.

"This Violation Notice may be contested within 15 Working Days following the date of its issuance. If the basis for contest is that the Violation Notice has been improperly completed, the challenge must be made in person or in writing to Campus Security Services. In all other cases the challenge shall be made in writing to the Discipline Officer and the Student may request to appear in person before the Discipline Officer.

"If the Student fails to pay the fine or to contest the Violation Notice within 15 Working Days, the University shall be entitled to encumber the Student’s Academic Record (i.e. make a notation that may result in the withholding of grades or other indicators of academic attainment, withholding of transcripts, or denial or termination of registration) as provided under 30.4.2(3) of the Code of Student Behaviour.

"Further information respecting this Violation Notice may be obtained from Campus Security Services."

30.5.6(2) b A Violation Notice shall be served on the Student in accordance with 30.5.1(6).

30.5.6(2) c The specified sanctions listed in 30.4.3(1) c may be levied under a Violation Notice.

30.5.6(2) d Payment of the amount set out in the Violation Notice must be made to Financial Services within 15 Working Days of the date of the Violation Notice.

30.5.6(2) e A Student may contest the Violation Notice within 15 Working Days of its issuance.

30.5.6(2) e.i If the Student contests the Violation Notice on the grounds that the Violation Notice was incorrectly completed, the challenge must be made in person or in writing to the Director of CSS. The decision of the Director of CSS in regard to the accuracy of completion of the Violation Notice is final and binding.

30.5.6(2) e.ii If the Student contests the charge in the Violation Notice that he or she has committed an offence, and/or the sanction imposed, the challenge must be made in writing to the Discipline Officer. In such cases the Discipline Officer shall follow the procedures set out in 30.5.8.

30.5.6(2) f If the Student fails to pay the fine or to contest the Violation Notice within 15 Working Days, the University shall be entitled to encumber the Student’s Academic Record as provided under 30.4.2(3).

30.5.6(2) g Notwithstanding that a Student has paid the fine specified under a Violation Notice issued under the provisions of this Code, proceedings under other provisions of this Code may be initiated by University Officials other than members of CSS. In such cases, the amount of the fine paid under the Violation Notice by the Student shall be taken into consideration by any decision making body in determining the appropriate sanction for the Student.

30.5.6(2) h Neither the payment of a fine nor the failure to appeal a Violation Notice shall be taken as evidence that a Student has committed an offence in any proceedings under this Code, except in Violation Notice procedures.

30.5.6(3) Recommendation to the Discipline Officer

30.5.6(3) a Except in cases involving Violation Notices, if the Director of CSS decides to proceed with a complaint or if an offence is detected by a member of Campus Security Services, an investigation shall be conducted and, if disciplinary measures are believed to be warranted, the results of the investigation along with a recommendation as to the appropriate sanction shall be forwarded to the Discipline Officer.

30.5.6(3) b The Discipline Officer shall follow the procedures set out in 30.5.8.

30.5.7 Procedures for Deans

30.5.7(1) The following procedures apply in cases respecting Inappropriate Academic Behaviour [30.3.2], Inappropriate Behaviour in Professional Programs [30.3.3] or Class Disruption [30.3.4(1)] or that there has been Misrepresentation of Facts [30.3.6(4)] or Participation in an Offence [30.3.6(5)] in cases respecting Inappropriate Academic Behaviour, Inappropriate Behaviour in Professional Programs or Class Disruption. (CLRC 30 MAY 2002)

30.5.7(2) The Dean shall meet with the Student, review the matter and determine if the facts as disclosed by the Complainant or by any University Official who has reported an alleged offence to the Dean are in dispute. Before such a meeting, the Dean shall inform the Student of the purpose of the meeting and of the Student’s right to bring an Advisor [30.2.3].

30.5.7(2) a If the facts are determined not to be in dispute, the Dean may impose one or more of the Minor Sanctions or Intermediate Sanctions listed in 30.4.3(1) or 30.4.3(2).

30.5.7(2) b If the facts are in dispute, the Dean will review the matter further by talking with all parties involved, complete any necessary investigation, and may either dismiss the charges or impose one or more of the Minor Sanctions or Intermediate Sanctions.

30.5.7(3) In the event that the Student refuses or fails to meet with the Dean within a period of time specified by the Dean, a decision, which may include a sanction, shall be made, taking into account the available evidence.

30.5.7(4) Only when considering what would be an appropriate sanction, may the Dean take into account the disciplinary record, if any, of the Student.

30.5.7(5) Having completed consideration of the matter, the Dean shall prepare a written decision. The decision shall include the following:

30.5.7(5) a the offence/s alleged to have been committed by the Student,

30.5.7(5) b an overview of the relevant evidence that was presented,

30.5.7(5) c the reasons underlying the decision.

30.5.7(6) If the Student has been found to have committed an offence, the decision shall also include the following:

30.5.7(6) a any sanction(s) imposed by the Dean,

30.5.7(6) b the date any sanction(s) shall take effect,

30.5.7(6) c any recommendation for a Severe Sanction,

30.5.7(6) d information, including any history of related offences, that may have been influential in determining the severity of the sanction,

30.5.7(6) e information regarding the Student’s rights to appeal, the appeal deadlines as set out in 30.6.1(1), and the appeal procedures, where to get access to the Code and where on-campus assistance is available, and (CLRC 30 MAY 2002)

30.5.7(6) f notice that any sanction that imposes conditions upon the Student, and that specifies an additional sanction to be imposed should those conditions not be met, must be appealed at the time it is imposed and within the time limits set out in 30.6.1(1). If the conditions are not met, no further appeal is available when the specified additional sanction is imposed. (EXEC 04 MAR 2002)

30.5.7(7) The decision shall be sent to the Student by registered mail or courier in accordance with 30.5.1(6).

30.5.7(8) The Dean shall send a copy of the decision to the Appeals Co-ordinator and Dean of Student’s Faculty (if different).

30.5.7(9) If a sanction or encumbrance is to be noted on the Student’s Permanent Academic Record, the Dean shall so inform the Office of the Registrar. If either a sanction of Conduct Probation or of Exclusion from all or parts of campus for a specified period of time is levied, the Dean shall so inform the Director of CSS.

30.5.7(10) If the Dean believes that owing to the serious nature of the actions of the Student, a Severe Sanction is warranted in addition to or in lieu of any Minor or Intermediate Sanction(s), the Dean may forward a written recommendation for a specific Severe Sanction to the Discipline Officer.

30.5.7(11) Where the Dean has decided to recommend to the Discipline Officer that the Student be Expelled, Suspended, or Excluded for an unspecified time, and where the Student is registered in another Faculty, the Dean shall so inform the Dean of the Faculty in which the Student is registered and consult with the Dean regarding the Student’s situation. After making such enquiries as the Dean considers necessary, the Dean shall either revise the recommendation or confirm and forward it to the Discipline Officer.

30.5.7(12) If the Dean has recommended a Severe Sanction, in addition to or in lieu of the imposition of a Minor Sanction or an Intermediate Sanction, the Discipline Officer shall follow the procedures set out in 30.5.8.

30.5.7(13) If the Dean has found that an offence has been committed and imposed one or more of the Minor or Intermediate Sanctions, the Student may appeal the finding that an offence has been committed and/or the sanction to the UAB under 30.6.

30.5.8 Procedures for the Discipline Officer

30.5.8(1) The following procedures apply in cases in which a Unit Director recommends the imposition of an Intermediate or Severe Sanction, the Director of CSS recommends a sanction or a Dean recommends the imposition of a Severe Sanction.

30.5.8(2) The Discipline Officer shall meet with the Student, review the matter and determine if the facts as disclosed by the Unit Director, Director of CSS or Dean are in dispute. Before such a meeting, the Discipline Officer shall inform the Student of the purpose of the meeting and of the Student’s right to bring an Advisor [30.2.3].

30.5.8(3) In the event that the Student refuses or fails to meet with the Discipline Officer within a period of time specified by the Discipline Officer, a decision and a sanction shall be arrived at taking into account the available evidence.

30.5.8(4) The Discipline Officer may or may not decide to follow the recommendations of the Dean, Director of CSS or Unit Director.

30.5.8(4) a If the facts are determined not to be in dispute, the Discipline Officer may impose one or more of the sanctions listed in 30.4.3(3).

30.5.8(4) b If the facts are in dispute, the Discipline Officer shall conduct any necessary investigation, which will normally include talking with all parties involved. The Discipline Officer may either dismiss the charges or impose one or more of the sanctions listed in 30.4.3(3). Only in the case where the Discipline Officer decides that the Student has not committed an offence may the Discipline Officer remove any sanction imposed by the Unit Director or Dean. Otherwise, the sanction imposed by the Unit Director, or Dean will stand whether or not the Discipline Officer follows the recommendation of the Unit Director, or Dean. (CLRC 30 MAY 2002)

30.5.8(4) c Only when considering what would be an appropriate sanction, may the Discipline Officer take into account any past record of related offences of the Student.

30.5.8(5) Having completed consideration of the matter, the Discipline Officer shall prepare a decision, which shall include the following:

30.5.8(5) a the offence(s) alleged to have been committed by the Student,

30.5.8(5) b an overview of the relevant evidence that was presented,

30.5.8(5) c a summary of the findings of the Discipline Officer, and

30.5.8(5) d the reasons underlying the decision.

30.5.8(6) If the Student has been found to have committed an offence under this Code, the decision shall also include the following:

30.5.8(6) a any sanction(s) imposed by the Discipline Officer,

30.5.8(6) b the date any sanction(s) shall take effect,

30.5.8(6) c information, including any history of related offences, that may have been influential in determining the severity of the sanction,

30.5.8(6) d information regarding the Student’s rights to appeal, the deadlines to appeal, and the procedures for appeal, where to get access to the Code and where on-campus assistance is available, and

30.5.8(6) e notice that any sanction that imposes conditions upon the Student, and that specifies an additional sanction to be imposed should those conditions not be met, must be appealed at the time it is imposed and within the time limits set out in 30.6.1(1). If the conditions are not met, no further appeal is available when the specified additional sanction is imposed. (EXEC 04 MAR 2002)

30.5.8(7) The decision shall be sent to the Student by registered mail or courier in accordance with the procedure set out in 30.5.1(6).

30.5.8(8) The Discipline Officer shall send a copy of the decision to the Appeals Co-ordinator; Director of CSS and/or Dean; Dean of Student’s Faculty if different from the Dean who has made the recommendation; and the Provost and Vice-President (Academic).

30.5.8(9) If a sanction or an encumbrance is to be noted on the Student’s Permanent Academic Record, the Discipline Officer shall so inform the Office of the Registrar. (CLRC 30 MAY 2002)

30.5.8(10) The decision of the Discipline Officer may be appealed to the UAB under 30.6 by the Student or the Director of CSS and/or Dean.

30.5.8(11) During the appeal period, a Student appealing to the UAB a decision of Suspension or Expulsion made by the Discipline Officer, may continue to attend Classes. However, marks for assignments and examinations will be withheld at the direction of the Dean until such time as the appeal is successful. If the Student loses the appeal, no credit will be given for work completed subsequent to the date given in the original decision.

30.6 Procedures for Appeal of Decisions to the University Appeals Board (UAB)

30.6.1 Initiation of an Appeal

30.6.1(1) When a Student has been found to have committed an offence under this Code, whether or not that Student has been given a sanction, the Student may appeal that decision. In cases where a severe sanction has been recommended to the Discipline Officer, once the student receives the final decision of the Discipline Officer, the student can appeal the decisions of both Dean and the Discipline Officer at the same time. The written appeal must be presented to the Appeals Co-ordinator in the University Secretariat within 15 Working Days of the deemed receipt of the decision by the Student. The finding that an offence has been committed, the sanction imposed or both may form the basis of appeal. The written appeal must also state the full grounds of appeal and be signed by the Appellant. The appeal shall be heard by the UAB. (CLRC 30 MAY 2002)

30.6.1(2) A Dean or the Director of CSS may appeal a decision of the Discipline Officer. The appeal must be presented in writing to the Appeals Co-ordinator in the University Secretariat within 15 Working Days of the deemed receipt by the student of the Discipline Officer’s written decision. The finding that an offence has been committed, the sanction imposed by the Discipline Officer or both may form the basis of appeal. The appeal shall be heard by the UAB.

30.6.1(3) The Appeals Co-ordinator shall keep both parties abreast of all appeals and decisions.

30.6.2 Terms of Reference and Powers

30.6.2(1) The UAB, as delegate of General Faculties Council and the Board of Governors, shall have authority to determine whether or not an offence has been committed and to confirm, vary or quash sanctions imposed under this Code. Any conditions imposed within a sanction and any additional sanction to be imposed should those conditions not be met, must be appealed at the time they are imposed and within the time limits set out in 30.6.1(1). If the conditions are not met, no further appeal is available when the specified additional sanction is imposed. (EXEC 04 MAR 2002)

30.6.2(2) Meetings of the UAB shall be scheduled as required to hear and determine appeals against discipline decisions.

30.6.2(3) All decisions made by the UAB will be final and binding.

30.6.2(4) Where an appeal involves a charge of research and scholarship misconduct, the special requirements for communication and documentation imposed by § 96.2 of the GFC Policy Manual shall constitute part of the procedures outlined below.

30.6.2(5) The appeal shall be based upon the denial of the offence, and/or the severity of the sanction. A defect in procedures shall not warrant the quashing of the decision being appealed from unless the defect complained of can reasonably be said to have deprived either party of a fair hearing.

30.6.3 Composition

30.6.3(1) For each hearing the UAB shall consist of 1 Academic Staff Member as chair and 2 Students. Each member shall be chosen from the panels listed below.

30.6.3(2) All panel members (Academic Staff Members and Students) shall be elected by GFC. In selecting members of the Panel, GFC will attempt to keep the membership of the UAB as broadly representative as possible of all Faculties given the available pool of candidates, but it will be permissible for any of the panel members to come from one of the Faculties already represented by one of the other panel members.

30.6.3(3) Panel of Chairs: GFC shall elect a panel of up to seven Academic Staff Members to serve as chairs of particular hearings. At least one of the panel members shall have a Law Degree. The Appeals Co-ordinator has the discretion to select a panel member with a Law Degree to chair a particular hearing. The panel members will serve for staggered terms of office of up to four years.

30.6.3(4) Panel of Students: GFC shall elect a panel of 7 undergraduate Students and 5 graduate Students. All Student members shall be elected for up to two-year terms and are eligible for re-election.

30.6.3(5) When a particular hearing involves an undergraduate Student, the UAB will include at least one undergraduate Student. When a particular hearing involves a graduate Student, the UAB will include at least one graduate Student. For the purposes of selection and service on the UAB, graduate Students are considered to be from the Faculty where they receive supervision. Students who are in any joint graduate/undergraduate Degree program (e.g., the joint MBA/LLB program) are considered to be graduate Students for the purpose of service and selection on the UAB.

30.6.3(6) No UAB member in a particular hearing will be from a Faculty which is party to the dispute. Students in any joint Degree program will not be called upon to hear appeals that arise from any of the Faculties involved in the joint program.

30.6.3(7) If, because of scheduling conflicts or membership in a particular Faculty, a hearing cannot be scheduled within the prescribed length of time using the elected members, the Appeals Co-ordinator may complete a particular panel by selecting, in rotation, Academic Staff Members or Student members from the GFC Academic Appeals Committee. The GFC Executive Committee shall have the discretion to appoint an Academic Staff Member as Chair for a particular hearing from outside the panel members.

30.6.3(8) At the discretion of the Chair, new members may attend a hearing as observers.

30.6.3(9) Any panel member who has been called to serve on the UAB for a particular case may complete their service on that case even if his of her term on a panel expires or, in the case of students, a student graduates or changes status from undergraduate to graduate.

30.6.4 Procedures Prior to a Hearing

30.6.4(1) As soon as an appeal is received the Appeals Co-ordinator shall:

30.6.4(1) a provide the Appellant with a written acknowledgement of the appeal;

30.6.4(1) b provide the Student with a list of on-campus sources of assistance;

30.6.4(1) c provide the Respondent with a copy of the written appeal, and advise the Respondent that a response is required within 10 Working Days; (CLRC 30 MAY 2002)

30.6.4(1) d select a Chair for the UAB hearing;

30.6.4(1) e provide both the Appellant and the Respondent with the name of the proposed UAB Chair and the names of all members of the panel;

30.6.4(1) f direct the Registrar to withhold Degrees, certification of marks and/or transcripts pending the outcome of the appeal; and

30.6.4(1) g through the Dean, direct Instructors to withhold marks for assignments and examinations pending the outcome of the appeal.

30.6.4(1) h suspend any sanctions, except exclusions, imposed by the Dean or Discipline Officer.

30.6.4(2) The Appellant and Respondent will have 5 Working Days after receipt of the names to lodge a written challenge with the Appeals Co-ordinator requesting that the proposed UAB Chair or a panel member not serve on the appeal.

30.6.4(3) Challenges may be made only on the grounds that the proposed UAB Chair or panel member may have a bias that would prevent a fair hearing and must include written reasons to support the challenge. If the Appeals Co-ordinator concurs with the challenge the Appeals Co-ordinator will replace the UAB member with another member who will be selected by rotation from the same constituent group (i.e., academic staff, undergraduate Student or graduate Student). The decision of the Appeals Co-ordinator is final and binding.

30.6.4(4) Upon the expiry of the deadline to challenge the UAB Chair or a panel member, the Appeals Co-ordinator will select two members from the panel of Students to hear the appeal. For each appeal, every attempt will be made to have a member in reserve from each category, prepared in advance to attend the hearing.

30.6.4(5) All UAB members should declare to the Appeals Co-ordinator their interests, if any, in a particular case in order to ensure objectivity and a fair hearing.

30.6.4(6) The Appellant and Respondent must notify the Appeals Co-ordinator immediately upon selecting an Advisor or retaining legal counsel for purposes of representation at the UAB hearing.

30.6.4(7) Upon receipt of the response to the appeal, a copy will be provided to the Appellant.

30.6.4(8) Appeals are intended to proceed in a timely manner and the hearing date will normally be set to occur within 30 Working Days of the receipt of the appeal.

30.6.4(9) A witness list must be provided to the Appeals Co-ordinator by both the Appellant and the Respondent at least 5 Working Days prior to the hearing date. The Appeals Co-ordinator shall ensure that as witnesses become known, the other party and the UAB are informed as to the identity of the witnesses.

30.6.4(10) The UAB Chair in consultation with the Appeals Co-ordinator will decide any procedural questions that arise before the hearing.

30.6.4(11) Either the Appellant or the Respondent may request in writing an extension of any time limits. The UAB Chair may extend any of the time limits where he or she is of the opinion that the applicant has a reasonable ground for requesting such extension. The decision of the UAB Chair may be made without a hearing and shall be final and binding.

30.6.4(12) a. The Appeals Coordinator shall consult with the Chair, who shall set a time and place for the hearing of the appeal. (CLRC 30 MAY 2002)

b. Reasonable delays are allowed but should either party feel that an unreasonable time has passed without the date of the hearing being set, either party may appeal to the UAB Chair, through the Appeals Coordinator, for a ruling as to whether the delay is reasonable. If the UAB Chair decides the delay is unreasonably long, then the UAB Chair shall set the appeal hearing date within 10 Working Days and the appeal hearing must occur within 20 Working Days. The decision of the UAB Chair may be made without a hearing and is final and binding. (CLRC 30 MAY 2002)

30.6.4(13) In accordance with the Freedom or Information and Protection of Privacy Act, the Appeals Co-ordinator shall make certain that both parties have access to the Student’s discipline file held in the Office of the Discipline Officer up until the time of an appeal hearing.

30.6.4(14) Notices and other appeal materials sent by the Appeals Co-ordinator may be hand-delivered, sent by courier, or by regular or registered mail in accordance with 30.5.1(6). In all cases, the Appeals Co-ordinator will decide which method of delivery will be used.

30.6.4(15) Once the date for the appeal hearing is set, the Dean and/or the Director of CSS shall inform the Complainants that they may request permission to attend the full hearing of their case. The Director of CSS shall forward such requests to the Appeals Co-ordinator. The UAB Chair shall decide whether a Complainant may attend as an observer for all or part of the hearing.

30.6.5 Procedures at the UAB Hearing

30.6.5(1) The quorum of the UAB shall be three members: the Chair, and two Student members.

30.6.5(2) The hearing before the UAB shall be a de novo hearing of the case.

30.6.5(3) If the Student, the Dean and/or the Director of CSS neglects or refuses to appear at the time of the hearing, the UAB may in its discretion proceed with the hearing.

30.6.5(4) The UAB is authorized to receive advice related to procedural, evidentiary or legal issues raised during the course of an appeal.

30.6.5(5) The UAB may request additional material, seek advice from expert witnesses and may have a resource person or persons attend any or all portions of its hearings.

30.6.5(6) Material not submitted and/or witnesses not identified prior to an appeal hearing will not be accepted unless the UAB is of the opinion that, with the exercise of reasonable diligence, the material or witnesses could not have been made available or identified prior to the hearing and that the material or testimony of the witnesses is relevant to the appeal.

30.6.5(7) The UAB may accept any evidence that it, in its sole discretion, considers proper, whether admissible in a court of law or not; and it is not bound by the Alberta Evidence Act or the law of evidence applicable to judicial proceedings.

30.6.5(8) Either party may be accompanied and represented by an Advisor.

30.6.5(9) The UAB shall hear the argument of both sides to the appeal and then, by majority vote, shall determine whether or not an offence has been committed and uphold or quash the decision under appeal. Where a decision against a Student is upheld, the UAB may confirm, vary or suspend the sanction imposed.

30.6.5(10) Both parties and the UAB may call and question witnesses and may call evidence. Each party is responsible for securing the attendance of their witnesses at the hearing.

30.6.5(11) The UAB shall conduct hearings in a manner which, in its sole discretion, it considers proper and has adopted the following Suggested Hearing Procedures, which it may vary:

30.6.5(11) a The Appeals Co-ordinator shall present the appeal to the UAB.

30.6.5(11) b The maker of the complaint may make an opening statement.

30.6.5(11) c If, in the opening statement, the maker of the complaint only introduces or outlines the case against the Student or introduces any witnesses, then the maker of the complaint shall not be cross-questioned at this stage.

30.6.5(11) d If, in the opening statement, the maker of the complaint provides any evidence against the Student, the Student may question the maker of the complaint at the end of the opening statement.

30.5.5(11) e The UAB may ask questions of the maker of the complaint.

30.6.5(11) f The Chair may question the maker of the complaint.

30.6.5(11) g The maker of the complaint may call his or her first witness.

30.6.5(11) h When the maker of the complaint has completed questioning the witness, the Student may question the witness.

30.6.5(11) i When the Student has completed questioning of the witness, the maker of the complaint may re-question the witness, respecting only matters arising in the course of the questioning. Following this re-questioning, the Student may again question the witness, respecting only matters arising in the course of the re-questioning.

30.6.5(11) j When the maker of the complaint and the Student have concluded their questioning of the witness, the Chair shall invite members of the UAB to question the witness.

30.6.5(11) k The Chair may question the witness.

30.6.5(11) l When questioning is concluded, the witness may be dismissed. The questioning procedure shall be repeated for each witness called by the maker of the complaint.

30.6.5(11) m After the maker of the complaint has called all of his or her witnesses, the Student shall be invited to make an opening statement. The rules governing the presentation of the Student’s case shall be the same as those governing the case of the maker of the complaint.

30.6.5(11) n The Chair shall invite the maker of the complaint to present any evidence he/she may have by way of rebuttal. (Such evidence shall be subject to questioning as in 30.6.5(11) d, e and f.)

30.6.5(11) o The Chair shall invite the maker of the complaint to make a brief final statement.

30.6.5(11) p The Chair shall invite the Student to make a brief final statement. (Note: There shall be no questioning by anyone during final statements.)

30.6.5(10) q The Chair shall then adjourn the hearing for the UAB's deliberation.

30.6.5(12) The Chair of the UAB, through the Appeals Co-ordinator shall, where practical, immediately communicate the decision of the UAB to the Appellant and Respondent.

30.6.5(13) The Chair shall normally submit the written decision of the UAB to the Appeals Co-ordinator within 10 Working Days of the decision being reached. The Appeals Co-ordinator shall then send a copy of the UAB's decision to the Appellant, Respondent, Dean of Student's Faculty if different from the Dean who has made the recommendation, Discipline Officer, Provost and Vice-President (Academic), Chair of the Campus Law Review Committee and members of the Panel of Chairs. (CLRC 29 NOV 2001)

30.6.5(14) The Appeals Co-ordinator will direct the Dean to issue withheld marks and the Registrar to amend the Student’s Permanent Academic Record as appropriate to the decision.

30.6.6 Hearings of the University Appeal Board are closed to the Public and University Community

30.6.6(1) The confidential and closed nature of this hearing means that only those persons who have a need to know about the matter may have access to the relevant material.

30.6.6(2) If the Vice President (Academic) and Provost and/or the Dean of Students believe that the general issues related to discipline cases should be discussed within the University Community, then a time and venue for such a discussion to take place will be arranged.

30.7 Amendment of The Code

30.7.1 General Faculties Council (GFC) and the Board of Governors may amend the Code in exercise of the authority vested in them by Section 42 of the Universities Act.

30.7.2 The Board of Governors shall have the authority to approve amendments to 30.6, Procedures for the Appeal of Decisions to the University Appeal Board (UAB).

30.7.3 General Faculties Council shall have the authority to approve amendments to all remaining sections of the Code.

30.7.4 The Secretary to GFC must notify Students’ Union and the Graduate Students’ Association of any substantive changes to the Code 15 Working Days before those changes are considered by GFC. The Students’ Union and the Graduate Students’ Association will be invited to contact their members so that the Students can access the changes on the World Wide Web via the University Secretariat’s home page.

30.7.5 Substantive changes to the Code shall come into force after receiving the approval of the Board of Governors and/or GFC.

30.7.6 On delegated authority from GFC, amendments deemed minor or editorial will be approved by the Campus Law Review Committee (CLRC).

30.7.7 CLRC will decide what constitutes a substantive change. If any CLRC member disputes the decision, the changes will be published and approved as described above.

30.7.8 The Code must be published in each issue of the University Calendar. In addition, the Appeals Co-ordinator will ensure that notice of all substantive amendments to the Code approved after the Calendar is published, appear in The Gateway near the beginning of the fall and winter terms.

30.7.9 The Co-ordinator of CLRC, in consultation with the Appeals Co-ordinator, shall maintain the Official Copy of the Code and all amendments thereto.

30.8 Appendix 1 - Registration of Student Groups

The University recognizes that participation in the activities of Student Groups 30.2.27(3) and 30.2.28 is a beneficial aspect of the University experience. The University environment encourages the formation of different Student Groups. These groups may be defined in a variety of ways, according to, for example, a shared program of study, a commitment to service, a common activity, philosophy or background or particular perspective. When approving (or disapproving) a group’s application for registration, the University takes into account the group’s stated purposes, goals, activities, membership criteria and other attributes. The University also recognizes its obligation to support the activities and regulate the conduct of Student Groups, for the benefit of the groups themselves and the University Community. When a Student Group, through registration, enters into a formal relationship with the University, responsibilities and benefits result for both.

When sponsoring or conducting a Student Group Activity, Student Groups are accountable to the University for the conduct of their members and/or guests. Thus, in addition to any complaints made against individual members of a group or its guests, a complaint may be made against the group itself, in accordance with the procedures outlined in 30.5(1).

As indicated in 30.2.27, the term Student as used in the Code includes both individuals and groups. Accordingly, the offences, sanctions and procedures of this Code apply equally to groups and individuals.

30.8.1 Responsibilities and Benefits

30.8.1(1) In registering with the University a Student Group accepts the following responsibilities:

30.8.1(1) a to abide by the laws of the land and the Code,

30.8.1(1) b to uphold the good name of the University,

30.8.1(1) c to live up to the group's stated purpose, which shall not be in contradiction to the University's purpose statement as stated in 30.1 of this Code,

30.8.1(1) d to be responsible for members' conduct when members are representing the group, and therefore the University, on and off-campus,

30.8.1(1) e to obey Alberta Liquor Control Board regulations,

30.8.1(1) f to obey University of Alberta regulations and procedures relating to the operation of gaming events.

30.8.1(2) A registered Student Group enjoys a number of benefits, including:

30.8.1(2) a ability to book space at the University,

30.8.1(2) b use of the University's institutional liquor and gaming licenses,

30.8.1(2) c use of the University's name and insignia subject to University regulations,

30.8.1(2) d exclusive use of the group's name on campus,

30.8.1(2) e access to and ability to rent University property and equipment,

30.8.1(2) f use of campus Facilities for solicitation of membership,

30.8.1(2) g opportunities for participation in University governance and activities,

30.8.1(2) h opportunity to submit an annual report to the Dean of Students for inclusion in the official records of the University.

30.8.2. Requirements for Registration

Student Groups are required to register annually with the University and to complete a Liability and Indemnification Agreement signed by two members of the group's executive. A group’s initial registration with the Office of the Dean of Students may occur at any time of the year; re-registration should be completed by April 30th for the academic year commencing September 1st.

A non-registered or suspended Student Group shall not be permitted to carry on activities of any description whatsoever on University property.

30.8.2(1) To be eligible for registration a group must be able to provide, upon request, satisfactory evidence of the following:

30.8.2(1) a That the group's stated purposes, goals or activities are consistent with the philosophy of the University as stated in 30.1.

30.8.2(1) b That a minimum of two-thirds of the total membership, and 75% of the executive, are registered as part-time or full-time Students during the current academic year. The Dean of Students may, on a case by case basis, make exceptions for groups in which the alumni membership exceeds the requirements stated above.

30.8.2(1) c That an acceptable constitution exists. A copy of this constitution must be filed with the Office of the Dean of Students. (Guidelines for drafting a group constitution are available from the Office of Dean of Students.)

30.8.2(1) d That, in the case of groups previously registered, a minimum of one general meeting has been held during the past twelve months.

30.8.2(1) e That a minimum of one general meeting is scheduled during the next twelve months.

30.8.2(1) f That the appropriate financial arrangements are in place, including

30.8.2(1) g. i. a bank account in the name of the group,

30.8.2(1) g. ii a requirement that two signatures of executive officers are necessary for most banking transactions,

30.8.2(1) g. iii the direction that all monies of the Student Group go toward the operating expenses of the group, as it carries out its stated purpose/objectives/goals, and

30.8.2(1) g. iv the maintenance of financial records in proper order for possible auditing.

30.8.2(2) At the discretion of the Dean of Students, the group shall provide a bond in an amount to be fixed by the Dean of Students. In the event of any Damage to Property of the group being found to have committed an offence under this Code, the bond may be used to pay the cost of the damage and/or satisfy any monetary sanctions imposed under the Code.

30.8.3 Registration Procedures

30.8.3(1) To become a registered University of Alberta Student Group, or to re-register, a group must:

30.8.3(1) a complete the appropriate Application for Registration/Re-Registration Form (available from the Office of the Dean of Students);

30.8.3(1) b complete a University of Alberta Indemnification Agreement relieving the University of all liability in respect of any acts of the group, its members, or its executive (available from the Office of the Dean of Students);

30.8.3(1) c forward the completed form, the signed and witnessed Indemnification Agreement, and a constitution to the Office of the Dean of Students.

30.8.3(2) Within two weeks of receiving a completed registration/re-registration form and a copy of the group's current constitution, the Office of the Dean of Students will notify the applicant as to the registration status. The applicant will be granted one of the following:

30.8.3(2) a Full Registration Status for the academic year.

30.8.3(2) b Provisional Registration Status, subject to the provision of additional information. The additional information may take the form of any of the following:

30.8.3(2) c.i a complete membership list, including addresses and phone numbers;

30.8.3(2) c.ii a financial statement for the preceding year; (If an audit is necessary, the complete accounts for the group should be available.)

30.8.3(2) c.iii the minutes of general meetings held during the last twelve months;

30.8.3(2) c.iv a bond as outlined in 30.8.2(2).

30.8.3(2) d Notification of denial of registration together with written reasons for the decision.

30.8.3(3) Any and all such information shall be regarded as confidential.

30.8.4 Denial of Registration or Re-registration, or Suspension of Registration

30.8.4(1) The Dean of Students may deny group registration or re-registration, or suspend registration under any of the following conditions:

30.8.4(1) a The group fails to meet the requirements for registration or re-registration set out in 30.8.2;

30.8.4(1) b The group's stated objectives or activities or the manner of carrying out its activities would, in the opinion of the Dean of Students, by their very nature, lead to justifiable complaints under the Code;

30.8.4(1) c The group's stated objectives or activities or the manner of carrying out its activities would, in the opinion of the Dean of Students, by their very nature, offend the provisions of the Human Rights, Citizenship and Multiculturalism Act (and/or any other human rights legislation that applies in this Province) and/or municipal bylaws, Provincial or Federal statutes or regulations;

30.8.4(1) d The group fails to abide by the responsibilities outlined in 30.8.1(1).

30.8.4(2) The denial of registration or re-registration, or suspension of registration may be appealed to the UAB under 30.6.

30.8.4(3) The denial of registration or re-registration, or suspension of registration will be in effect until the UAB reaches a final decision.

30.8.5 Suspension or Banning of Student Group Activities

30.8.5(1) The Dean of Students or the Dean of a Faculty have the authority to immediately suspend or ban a Student Group Activity sponsored by a Student Group (whether the Student Group Activity is in progress or is scheduled to occur) if the Dean reasonably believes that the Student Group Activity has caused or will cause harm to persons or property, and/or will violate the Code.

30.8.5(2) Student Groups and the Dean shall make every effort to avoid or resolve conflicts through timely consultation. The procedures described below are to be utilized when informal conciliatory measures have proven ineffective. Nothing in these provisions shall be interpreted so as to prevent or interfere with charges against a group under 30.5 of this Code.

30.8.5(3) When the Dean believes that a Student Group Activity should be suspended or banned the Dean shall meet immediately with the president of the group and the Provost and Vice-President (Academic) to review the situation.

30.8.5(4) Following the meeting, the Dean shall immediately inform the president of the group that the Student Group Activity has been suspended or banned or that the Student Group Activity may continue. The verbal communication of the Dean’s decision shall be followed up in writing to the president of the group and shall include reasons for the decision and conditions which must be met by the group before the Student Group Activity will be permitted to continue.

30.8.5(5) The Dean shall inform the president of the group that there is a 15 Working Day deadline, from the date of receipt of the Dean’s written decision, to lodge an appeal and the Dean must provide the president of the group with the appeal regulations.

30.8.5(6) Any notices sent by the Dean shall be hand-delivered at the soonest opportunity by Campus Security Services to the address for the group that has been provided to the University or to the Appeals Co-ordinator.

30.8.5(7) The Dean is required to notify the following persons of the suspension/banning of the Student Group Activity: The Provost and Vice-President (Academic), the Director of Campus Security Services, the Discipline Officer or Dean(s) affected, the Appeals Co-ordinator, the Presidents of the Students' Union and the Graduate Students' Association, and the Inter-Fraternity Council /Panhellenic Council where the group involved is a fraternity. A copy of the written decision shall be included in the group's file in the office of the Dean of Students.

30.8.5(8) A Dean’s decision to suspend or ban a Student Group Activity may be appealed to the UAB under 30.6.

30.8.5(9) The suspension/banning of the Student Group Activity will be in effect until the UAB reaches a final decision.

30.8.5(10) Where the Student Group Activity in question has violated the Code of Student Behaviour, and where the group has not yet been charged, the Dean may initiate proceedings against the group and/or its individual members, as appropriate, in accordance with 30.5.

30.8.5(11) Suspension, banning or charges under the Code do not preclude Student Groups being charged with offences defined under Breaches of Rules External to the Code [30.3.6(2)].

30.9 Appendix 2 – Regulations Pertaining to Special Events, the Use of University Resources and the Provision of Alcohol

The University is first and foremost an institution of learning, a place where academic staff and Students come together to pursue "whatsoever things are true." It is also a community that engages in a great deal of social activity, much of which involves and is often centred on the provision or consumption of alcohol. The following regulations have been formulated recognizing the significance of this social activity, and have three broad goals. First, they are intended to provide the maximum degree of safety for guests and organizers of social gatherings. Secondly, if consistently followed, they serve to decrease the legal liability of Students, Student groups and the University. Finally, they help provide for the orderly and efficient operation and administration of the several hundred gatherings that take place each year, both on and off campus.

30.9.1 Requirements for authorization for Special Events and/or Use of University Resources

30.9.1(1) All applications for approvals to engage in any of the following activities must be made in writing to the appropriate authority and shall be approved or rejected with written reasons attached.

30.9.1(2) The outdoor use of public address systems, loud-speakers, bull-horns, sound trucks, or similar equipment on the campus of the University is not permitted without the prior written approval of the Director of Physical Plant. It should be noted that City of Edmonton bylaws apply on peripheral streets.

30.9.1(3) The use of the name or any symbol of the University or the name or symbol of an organization associated with the University, on any publication, including correspondence, without the written approval of the Office of University Design Inc. is prohibited. Appeals shall lie with the Office of the Vice-President (External Relations). As a matter of policy, such approval will not be granted to anonymous publications. (CLRC 30 MAY 2002)

30.9.1(4) The use of alcoholic beverages on the campus of the University is regulated for registered University groups under the terms and conditions of the University's Institutional Licensed University Spirits Guide. Authorization for functions involving the service of alcohol are controlled by the Office of the Director of Housing and Food Services. Appeals shall lie with the Office of the Vice-President (Finance and Administration).

30.9.1(5) In order to obtain an excused absence from examinations, tests and other academic requirements, off-campus trips by individuals, groups or teams representing Student organizations must be approved by the Dean of Physical Education and Recreation or delegate in the case of athletic matters and by the Deans' Council or its delegate in all other cases. Appeals shall lie with the Office of the Provost and Vice-President (Academic).

30.9.1(6) University individuals, groups and organizations may advance a cause and distribute or sell related literature or other similar material:

30.9.1(6) a in designated Activity Zones, provided that the use of the Zones has been reserved in advance with the Office of the Registrar (Examinations and Timetabling) and provided that permission has been obtained from the Office of the Vice-President (Finance and Administration). Appeals shall lie with the Provost and Vice-President (Academic).

30.9.1(6) b in areas other than Activity Zones with the prior approval of the Dean or other administrative officer or committee in charge of the area. Appeals shall lie with the Office of the Provost and Vice-President (Academic). See GFC Policy Manual §108.

30.9.1(7) Canvassing and soliciting are forbidden on the campus of the University. Exceptions may be made only by the Office of the Vice-President (Finance and Administration). Appeals shall lie with the Office of the Provost and Vice-President (Academic).

30.9.1(8) University groups or individuals wishing to invite the general public to on-campus events or to sponsor off-campus speakers are responsible for so informing the Director of CSS and for making related arrangements including space reservations, protection of persons and property, and payment of any related costs. Additional information may be obtained from the Office of the Vice-President (Finance and Administration).

30.9.1(9) Members of the University community may put up posters and notices on "open" notice boards as long as the posters and notices do not create a nuisance. Notices may not be posted on restricted notice boards without the authorization of the administrative unit in control of that particular notice board. The libraries, food service areas, the Administration Building, and University Hall are to be kept free of any but official notices. Notices may not be affixed to trees or shrubs. Student Groups that are suspended or are not registered are not entitled to put up notices on any notice boards on campus.

30.9.1(10) In accordance with the regulations and guidelines established by the Licensing Branch of the Office of the Attorney General of Alberta, a group or organization associated with the University of Alberta which wishes to raise funds from the operating of a gaming event must seek and receive written approval of the Board of Governors. The Board has delegated its authority to review applications and to issue letters of authorization for gaming events to the Office of the Provost and Vice-President (Academic), who has sub-delegated its authority to the Alcohol Policy Review Committee. Appeals shall lie with the Office of the Provost and Vice-President (Academic).

30.9.1(11) Persons desiring to carry on special functions or commercial activity on property under the government and control of the Students' Union should obtain permission from the Students' Union.

30.9.1(12) The University of Alberta comes under the purview of the Alberta Fire Prevention Act, R.S.A. 1970 c. 115 and the regulations therein. The University of Alberta Board of Governors has approved and adopted a University Fire and Safety Code that is applicable to Students, staff and visitors.

30.9.1(13) By agreement with the American Federation of Musicians (AFM), orchestras organized and playing on campus need not consist wholly of Federation members, but all orchestras brought in to play for University functions must be made up of Federation members. For further information, Students should contact the Secretary of the AFM (422-2449).

30.9.2 Regulations Concerning Alcohol Provision and Consumption

30.9.2(1) Acquisition, Storage, Consumption and Provision of Alcohol. The acquisition, storage, consumption and provision of alcohol are permitted only under the provisions of the Institutional License, according to procedures kept on file in the Office of the Director of Housing and Food Services.

30.9.2(2) Advertising for the Event. All advertising for events at which alcohol will be consumed must comply with Alberta Gaming and Liquor Commission regulations and must not promote overconsumption

30.9.2(3) Alcohol Purchases. For on-campus events held under the Institutional License, all alcohol must be purchased at an on-campus outlet (a list of these outlets is available in the Office of the Director of Housing and Food Services). Alcohol not consumed at the function must be returned to the outlet at which it was purchased.

30.9.2(4) Provision of Food and Non-alcoholic Beverages. A variety of food and non-alcoholic beverages must be available in quantities sufficient to meet the demands of the attendees throughout the full hours of alcohol services.

30.9.2(5) Service to Minors

30.9.2(5) a Alcohol may be consumed only by Students of legal drinking age.

30.9.2(5) b Alcohol may be served only to and by persons of legal drinking age.

30.9.2(6) Display of Manufacturers' Products at Liquor Functions. Event organizers are required to follow all Alberta Gaming and Liquor Commission regulations governing the display of items containing corporate or brand logos of breweries, distilleries, or wineries at alcohol functions. (A current list of approved items is available in the Office of the Director of Housing and Food Services.)

30.9.2(7) Hours of Consumption. Alcohol may be served and consumed only during the hours indicated on the permit.

30.9.2(8) Supervision. Supervision must be provided in accordance with the requirements of each permit, as established by the Office of the Director of Housing and Food Services.

30.9.2(9) Service to Intoxicated Patrons. No alcohol is to be provided to visibly intoxicated persons.

30.9.2(10) Safety of Patrons. Groups receiving a permit must adhere to all the requirements of each permit, including any special provisions relating to that event.

30.9.2(11) Violations of Regulations. Complaints against Student Groups or individuals who violate any of the above regulations shall be dealt with according to the discipline process as described in 30.5 of the Code.

(CLRC 29 NOV 2001)
(EXEC 04 MAR 2002)
(CLRC 22 APR 2002)
(CLRC 30 MAY 2002)