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- Non-Academic Discipline Appeals
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What is going to happen at the non-academic discipline hearing?
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.
Non-Academic Discipline hearings are open to the public in accordance with s.9.(1) of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22 as amended. 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.
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.
After the hearing, 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.
who will be attending the hearing?
The following are individuals who would normally 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.
what will happen if i don't attend the hearing?
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).
what penalties are available to the hearing officer?
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.
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]."