Hearing Process

For a detailed explanation of the steps following the filing of a complaint, please see the Code of Student Conduct, Sections C.1 and 2 and the Memorandum of Procedures for Hearings arising from the Code of Student Conduct on page 11 of the Code. 

After a complaint of non-academic misconduct is made against you, the head of your Division (“Dean”) considers the complaint and determines whether the conduct complained of falls under the Code of Student Conduct.

If the conduct complained of does not appear to fall under the Code of Student Conduct, the Dean may take whatever other action he or she deems appropriate in the circumstances, including communication to the complainant of the conclusion he or she has drawn.

If the Dean considers that the conduct complained of appears to fall under the Code of Student Conduct, the Dean may request the Investigating Officer to conduct an investigation of the case and to make a report to him or her.

NOTE:

Informal Resolution/Mediation

Whenever possible and appropriate, informal resolution and mediation are used to resolve issues of individual behaviour before resort is made to formal disciplinary procedures (Section C.1.(g), Code of Student Conduct).

Allegations Against Former UofT Students

Where a student's conduct comes to light after a student has left the University, the Dean may decide to proceed, if the seriousness of the allegation warrants such action (Paragraph 2, Memorandum of Procedures for Hearings arising from the Code of Student Conduct).

For a detailed explanation of interim conditions and interim measures, please see Section D.1 & 2 of the Code of Student Conduct.

In urgent situations and while the investigation is pending, interim conditions or interim measures may be imposed. Interim conditions and interim measures are temporary limitations that are imposed on you for the purposes of ensuring the safety of the University community, the property of the University and the legitimate operations of the University. Interim conditions and interim measures are in no way to be construed as indicative of guilt.

Interim Conditions

After a complaint is filed, the head of the Division (“Dean”) may impose interim conditions on you in order to protect the safety of other students and members of the University community. However, interim conditions are in no way to be construed as indicative of guilt. The specifics of each interim condition are determined by your division.  In determining the interim conditions, the need for others’ safety is balanced with fairness to you. Interim conditions remain in place until the charges are disposed of in accordance with the Code’s procedures.

Interim Measures

Alternately, after a complaint is filed, the Dean may request the imposition of interim measures on you. Where the Dean has requested an investigation by the Investigating Officer and the investigation is pending, the Vice-President & Provost (or delegate) may, on the advice of the Dean, suspend you temporarily for up to 3 working days. You shall be informed immediately in writing of the reasons for the suspension and shall be given the opportunity to respond.

Interim measures are imposed only if, in the opinion of the Vice-President & Provost (or delegate), there is reasonable apprehension that the safety of others is endangered, damage to University property is likely to occur, or your continued presence would be disruptive to the legitimate operations of the University.

Temporary suspensions are reviewed by the Vice-President & Provost (or delegate) within the three (3) day temporary suspension period, following a preliminary investigation. The Vice-President & Provost (or delegate) either revokes or continues the suspension.

If the suspension is continued, the Student(s) may appeal to the Senior Chair (or delegate), or the Associate Chair (or delegate) of the University Tribunal, who shall hear and decide on the appeal within five (5) days.

For a detailed explanation of the investigation process and the role of the Investigating Officer, please see Sections C.1. and C.2. of the Code of Student Conduct, as well as the Memorandum of Procedures for Hearings arising from the Code of Student Conduct on page 11 of the Code.

After a complaint is filed, if the head of the Division (“Dean”) determines the conduct complained of falls under the Code of Student Conduct, the Dean may request the Investigating Officer  to conduct an investigation of the case and to report his or her findings to the Dean.

If a Divisional Investigating Officer is unable to conduct an investigation or where the Dean believes, on reasonable grounds, that the appointed officer is inappropriate to conduct the particular investigation, the Dean shall seek an appointment from the central pool for that particular case.

The role of the Investigating Officer is to investigate complaints made against student members of the particular Division to which the Investigating Officer is assigned. Additionally, the Investigating Officer also plays a role at hearings. At non-academic discipline hearings, the Investigating Officer presents the Division’s arguments and may be assisted and represented by legal counsel.

Accused Students from Multiple Divisions
Where a Dean has reason to believe that a non-academic offence may have been committed by you and a group of students from that Dean’s Division and from one or several other Divisions, the Dean may consult with the Dean(s) from the other Division(s) involved and may then agree that some or all of the cases will be investigated jointly by the Investigating Officers of the Divisions involved and presented at the hearing by one of the Investigating Officers agreed upon by the heads.

For a detailed explanation of what happens after the investigation process and the role of the Hearing Officer, please see Section C.1. and C.2. of the Code of Student Conduct as well as the Memorandum of Procedures for Hearings arising from the Code of Student Conduct on page 11 of the Code.

If based on the Investigating Officer’s report, the head of the Division (“Dean”) believes the non-academic offence was committed, the Dean may request that a hearing take place. The Dean will correspond with you in writing, providing detailed information on the nature of the complaint, the offence alleged and the date, time and location of the hearing. The notice shall indicate that if you do not appear at the hearing, the hearing may proceed in your absence.

A Hearing Officer presides over non-academic discipline hearings. Hearing Officers are appointed by the council of each Division to decide complaints under the Code made against student members of that Division. After a hearing, the Hearing Officer rules on whether you committed the offence alleged and may impose one or more sanctions (See section: "What Penalties are Available to the Hearing Officer?"). You may be assisted and represented by another person, who may be legal counsel.

If a Divisional Hearing Officer is unable to conduct a hearing, or where the Dean believes on reasonable grounds that the appointed officer is inappropriate to chair a particular hearing, then the Dean shall seek an appointment of a Hearing Officer from the central pool.

If the Dean intends to request either suspension from registration or expulsion from the University as a sanction in a particular case, or if the case appears to the Dean to require a Hearing Officer with legal qualifications (a lawyer), then the Senior Chair of the University Tribunal may, on the application of the Dean, appoint a legally qualified person as Hearing Officer for the particular case.

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

Accused Students from Multiple Divisions
Where a Dean has reason to believe that a non-academic offence may have been committed by you and a group of students including students from that Dean’s Division and from one or several other Divisions, the Dean may consult with the Dean(s) of the other Division(s) involved and may then agree that some or all of the cases will be heard together by the Hearing Officer of one of the Divisions agreed upon by the heads.

If you need a disability-related accommodation to participate in this non-academic discipline process, please review and follow the procedure set out in the Protocol for Requesting Accommodation for Disabilities in the Non-Academic Discipline Process.

For a detailed explanation of what happens at a hearing, please see the Memorandum of Procedures for Hearings arising from the Code of Student Conduct on page 11 of the Code of Student Conduct and the Memorandum on the Maintenance and Use of the Records of Non-Academic Discipline Proceedings on page 10 of the Code of Student Conduct.

Each hearing proceeds differently and at the discretion of the Hearing Officer, who presides over the hearing. The following is general information about what you can usually expect to happen at a hearing:

The Hearing Officer will preside over the hearing and will record the session. The Hearing Officer will not have been involved in the investigation leading up to the decision to request a hearing.

The hearing will be conducted in an informal manner, in accordance with the principles of natural justice and the Hearing Officer shall not be bound to observe strict legal procedures.  Additionally, the Hearing Officer is not bound to conduct the hearing according to strict rules of evidence. Evidence may be received in written or oral form.

The case will be presented by the Investigating Officer, who may be assisted and represented by legal counsel. The Investigating Officer may call witnesses, who you and the Hearing Officer may question.

You will present your argument and may be assisted and represented by another person, who may be legal counsel. You or your representative may call witnesses, whom the Investigating Officer and/or their legal counsel, and the Hearing Officer may question.

The onus of proof is on the Dean, as represented by the Investigating Officer. The Investigating Officer must show on clear and convincing evidence that you have committed the alleged offence. What this means is, the Dean must prove on a balance of probabilities that you have committed the offence.

After the evidence is complete and arguments have been made by both parties, the Hearing Officer will determine whether you are guilty or not guilty of the alleged offence. The Hearing Officer will make a decision on the basis of evidence presented at the hearing. If the Hearing Officer finds you guilty, the Hearing Officer may impose one or more sanctions (See section "What Penalties are Available to the Hearing Officer?"). Records of previous convictions may be taken into account in imposing a sanction.

Non-Academic Discipline hearings are open to members of the University, unless the Hearing Officer decides otherwise (s. G.9).  Normally, however, only the individuals who are directly involved in a case will attend the hearing, that is, the Hearing Officer, the accused, with counsel if applicable, with a divisional representative (or representatives/counsel) and witnesses and the Investigative Officer.

The following are individuals who may be in attendance at non-academic discipline hearings:

• The Hearing Officer, who may be legally qualified (a lawyer);
• The Accused Student, who may be represented by legal counsel;
• The Investigating Officer, who may be assisted and represented by legal counsel;
• The Head of the Division ("Dean"), who may choose to attend even though the Investigating Officer is his/her representative;
• Witnesses called by the Accused Student or the Investigating Officer;
• Members of the University, unless the Hearing Officer decides there is sufficient cause to order a closed hearing;
• Observers, such as, the Accused Student's friend(s), family member(s), other divisional staff, etc.

You Do Not Appear

If you do not appear at the hearing, the hearing may proceed in your absence (Page 11, Paragraph 5, Memorandum of Procedures for Hearings arising from the Code of Student Conduct).

You Waive Your Right to a Hearing

If you waive your right to a hearing, the Hearing Officer will decide whether you have committed the offence alleged and impose one or more of the sanctions (See section "What Penalties are Available to the Hearing Officer?") listed in the Code of Student Conduct (Page 12, Paragraph 12, Memorandum of Procedures for Hearings arising from the Code of Student Conduct).

For a comprehensive list of sanctions available to the University of Toronto, please see Section E of the Code of Student Conduct .

The following sanctions or combinations thereof may be imposed upon students found to have committed an offence under the Code.

In addition, students found to have committed an offence may be placed on conduct probation for a period not to exceed one (1) year, with the provision that one or more of the following sanctions will be applied if the conduct probation is violated.

1.    Formal written reprimand.

2.    No Contact Order, including no direct or indirect contact or by social media or other means including offensive or disparaging comments or images, in an appropriate case.

3.    Mandated training or assignment.

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

5.    A fine or bond for good behaviour not to exceed $500.

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

7.    Denial of access to specified services, activities or facilities of the University for a specified period of time.

8.    Other conditions for participation in the University community that are considered appropriate to enhance the health and safety of the community.

9.    Suspension from registration and attendance in a course or courses, a program, an academic division or unit, or the University for a period of up to four years.

10.  Recommendation of expulsion from the University. The Hearing Officer has power only to recommend that such a penalty be imposed. In any such case, the recommendation shall be made by the Hearing Officer to the President for a recommendation by them to the Governing Council. Expulsion shall mean that the student shall be denied any further registration at the University in any program. If a recommendation for expulsion is not adopted, the Governing Council shall have the power to impose such lesser penalty as it sees fit.

Where the sanction of suspension and/or expulsion has been imposed on a student, the Vice-President & Provost (or delegate) shall have the power to record that sanction on the student's academic record and transcript for such length of time as they consider appropriate.

A sanction of suspension shall be recorded on the student's academic record and transcript for a period of up to five years. The following wording shall be used: "Suspended from the University of Toronto for reasons of non-academic misconduct for a period of [length of suspension], [date]."

A sanction of expulsion shall be permanently recorded on a student's academic record and transcript. The following wording shall be used: "Expelled from the University of Toronto for reasons of non-academic misconduct, [date]."

For a detailed explanation of the decision issuance process, please see paragraph 13 of the Memorandum of Procedures for Hearings arising from page 11 of the Code of Student Conduct.

Where a Hearing Officer determines that you committed an offence, he or she shall impose a sanction(s) and give reasons for the decision.

Any letter from the University imposing sanction(s) under this Code will be copied to the ADFG Office.

The Hearing Officer will also issue a decision if the Hearing Officer finds you not guilty of the offence.

Yes, upon learning of the Hearing Officer’s decision, you may file a Notice of Appeal with the ADFG Office within 21 calendar days.

Note: The appeal timeline starts when you are informed of the decision even if reasons for the decision have not yet been issued.

For a detailed explanation of the publication of records, please see paragraph 5 of the Code of Student Conduct’s Memorandum on the Maintenance and Use of the Records of Non-Academic Discipline Proceedings.

The Hearing Officer or the Discipline Appeals Board may make recommendations to the Vice-President & Provost that the nature of the offence and the sanction be published in the University newspapers. Where circumstances warrant, the Hearing Officer or the Discipline Appeals Board may also order the publication of your name, if convicted.

The Vice-President & Provost has the discretion to withhold publication of your name.