Pre-Hearing

what happens after a complaint is filed against me?

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.(f), 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).

what are interim conditions and measures?

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.

what is the investigation process and the role of the investigating officer?

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.

what happens after the investigating officer submits his or her report to the dean? what's the role of the hearing officer?

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.

how can i request a disability-related accommodation?

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.