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PLEASE NOTE: the contents of the web site, where possible, have been written in simplified language. Should a question/dispute arise where the language in the web site differs from Code of Behaviour on Academic Matters, the Code will prevail.
This page contains shortcuts to the definitions, which are all listed below. *Please note that there are other definitions that apply to the Rules of Practice and Procedure and may be found in Part 1 of that document.
Work that is submitted to the Student's instructor for grading purposes.
Where a hearing/meeting has been delayed to another specified date and time.
A process where a panel receives and considers evidence and arguments presented by both sides in a matter and makes a binding decision by applying the relevant policies and procedures in the case.
Agreed Statement of facts ("ASF")
An ASF is a document that provides the facts of the case, as agreed upon by Discipline Counsel and the accused student.
Brief to authorities
A book that contains a variety of University of Toronto Tribunal decisions that are relevant to the current matter. This provides guidance for the finding of guilt/non guilt and the sanction. (a.k.a. Book of Authorities)
Precedes the Examination in Chief, where a witness will be sworn in and will answer questions by the party who has brought them in to testify. Cross-examination is an opportunity for the opposing side to ask questions of the witness. Cross-examination is done for various reasons including to confirm or discredit the witness's testimony, knowledge, or credibility.
A lawyer hired by the University who represents the interests of the University alone.
Disclosure is a package of documents which contains all the information that has been assembled by the Faculty or Division and the Provost's Office during the investigation of the alleged misconduct, including transcripts of meetings of the Dean and the accused.
Rules and practices that have been implemented by each Division to govern their processes.
Something that is submitted to the Tribunal to help establish one's argument. Evidence is submitted to prove the truth of a matter. Evidence can consist of things like pictures, documents and oral testimony.
In private; discussions between Panel members only.
At the University of Toronto, a governance year spans July 1 to June 30.
joint submission on penalty ("jsp")
A JSP is a document that provides the penalties that are agreed upon by Discipline Counsel and the accused student.
knowingly (or knowing)
Where an offence is described as depending on "knowing", the offence shall likewise be deemed to have been committed if the person ought reasonably to have known.
A legally qualified person who represents the interests of the Student. Oftentimes, a student's legal representative is a law student from Downtown Legal Services (DLS), which is a legal clinic with experience representing students in the academic discipline process. The DLS Office located on the University of Toronto campus and provides free legal services to levy-paying students.”
A written application to the Tribunal for a specific action to happen in which the Chair will make the final judgment. Also see the Rules of Practice and Procedure, Part 7.
notice of hearing (NOH)
A document that is sent to the Student from the ADFG Office that outlines the date, time, place and names of the panel members who will be presiding over the Student's hearing. This NOH is sent to the Student in advance of his or her hearing as an official notice of the hearing. Generally, it is sent to the mailing address and email address as recorded on the Student's ROSI account.
Click here for a sample Notice of Hearing.
An Order is usually issued immediately at the end of a Tribunal hearing. It can be issued verbally or in written format. The Order communicates the penalties, which may be immediately imposed. An Order will not be issued if a decision regarding sanction has not been made.
principles of natural justice
The right for both sides to be heard and judged by an impartial judge or panel of judges. More specifically, the principles of natural justice entitle both parties to:
- Receive notice of the hearing
- Request an adjournment
- Receive disclosure of information
- Be represented at the hearing (e.g. by a lawyer)
- Call witnesses, including expert witnesses
- Cross-examine the other side
- Make proper objections
- Make submissions
- Know what the case is about
- Have a decision based on evidence at the hearing
- Right to participation
Right to an impartial/unbiased judge or panel of judges who
- Leave behind pre-conceived notions about aspects of the case
- Base the decision on actual evidence
- Know the difference between asking difficult questions and hostility towards either party
- Are sensitive to comments before, during and after the hearing, including breaks at the hearing
- Are sensitive to perception of bias towards one side or another
Also known as "Procedural Fairness"
There is "an overarching consideration that justice must not only be done but be seen to be done."
(Pinto, Andrew. “Procedural Fairness.” PowerPoint presentation for University Tribunal Orientation, University of Toronto. June 28, 2010)
reasons for decision
The Tribunal's written description of the case, its findings, and the reasons for those findings. This is an official document that all of the Tribunal panel members have reviewed and is posted online, with the Student’s name withheld. (a.k.a. Decision)
A severe and formal rebuke made by the University against a student. Reprimands may be made orally or in writing.
rules of practice and procedure
The Rules govern various process issues that may arise at the Tribunal level.
Any materials or electronic devices that you are not allowed to use for assistance (e.g. in an exam). Unauthorized materials may include, but are not limited to: textbooks, class notes, or other notes of any kind. Unauthorized electronic devices may include, but are not limited to: cellular telephones, laptop computers, MP3 players (e.g. iPods), data storage devices (e.g. USB keys), calculators, or electronic dictionaries.
Obtaining assistance or providing assistance on an exam, assignment, classwork, etc. where it has been expressly forbidden by the instructor. This may include, but is not limited to, collaboration with classmates on an individual assignment, etc.