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Most of the following definitions are taken from the Code of Student Conduct and Black's Law Dictionary (9th ed).
PLEASE NOTE: the contents of the web site, where possible, has been written in simplified language. Should a question/dispute arise where the language in the web site differs from the Code, the Code will prevail.
This page contains shortcuts to the definitions, which are all listed below.
The University believes that members of the University community should have the ability to examine, question, investigate, speculate and comment on any issue without reference to the prescribed doctrine, as well as the right to criticize the University and society at large. The purpose of the University also depends upon an environment of tolerance and mutual respect. Every member should be able to work, live, teach and learn in a University free from discrimination and harassment. (Statement of Freedom of Speech, University of Toronto, 1992).
The Student (or students) who are alleged to have committed an offence under the Code and the allegations have not yet be proven.
A person commits an assault when
a) Without the consent of another person, he or she applies force intentionally to that other person, directly or indirectly;
b) He or she attempts or threatens, by an act or a gesture, to apply force to another person, if he or she has, or causes that other person to believe on reasonable grounds that he or she has, present ability to effect his purpose; or
c) While openly wearing or carrying a weapon or an imitation thereof, he or she accosts or impedes another person or begs.
A written promise to pay money or do some act if certain circumstances occur or a certain time elapses.
A hearing where members of the public are not permitted to attend. This includes members of the University community who are not directly involved in the case.
For more information on considerations for closed hearings, please refer to Section 9.1 of the Statutory Powers Procedures Act , R.S.O. 1990, Chapter S.22. as amended.
Any person who files a written complaint about an alleged commission of offence under the Code of Student Conduct.
The college, faculty or school in which the accused student is registered.
A student shall be denied any further registration at the University in any program, and his or her academic record and transcript shall record this sanction permanently.
A penalty whereby the guilty person is required to pay a specified sum of money.
head of the division
The Principal, Dean or Director of the Division.
Hearing Officer ("ho")
Someone who presides over non-academic discipline hearings. Hearing Officers are appointed by the council of each Division to decide on complaints under the Code made against student members of that Division. Some Hearing Officers are legally qualified (a lawyer) and some are not; the appointment of a legally qualified Hearing Officer is left to the discretion of the Senior Chair of the University Tribunal, upon application by the Dean. There is also a centrally appointed pool of Hearing Officers.
investigative officer ("io")
Someone who investigates complaints made against student members of the Division to which the Investigating Officer is assigned. Investigating Officers are appointed by the Dean, in consultation with the elected student leader or leaders of the Division. The Investigating Officer also participates at hearings, wherein they present the Division’s arguments, sometimes with the assistance and representation of legal counsel. There is also a centrally appointed pool of Investigating Officers.
knowing (or knowingly)
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 who have been charged under the Code of Student Conduct. The DLS Office located on the University of Toronto campus and provides free legal services to levy-paying students.
An Order is usually issued immediately at the end of a 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.
Includes lands, buildings and grounds.
principles of natural justice
The right for both sides to be heard and judged by an impartial judge or panel of judges (e.g. Hearing Officer). 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)
A service that is done in the interest of the general public.
reasons for decision
The Hearing Officer's written description of the case, its findings, and the reasons for those findings. (a.k.a. Decision)
To correct, fix or make right; an equitable remedy.
A severe and formal rebuke made by the University against a student. Reprimands may be made orally or in writing.
Restoring , compensating or returning something back to its original state or as close to its original state as possible.
EXAMPLE: Robert is accused of stealing Jason's laptop. Robert is ordered to reimburse Jason for the cost of the laptop.
The postponement or halting of a proceeding, judgment, or sanctions.
(i) Engaged in any academic work which leads to the recording and/or issue of a mark, grade or statement of performance by the appropriate authority in the University or another institution; and/or
(ii) Associated with or registered as a participant in any course or program of study offered by or through a college, faculty, school, centre, institute or other academic unit or Division of the University; and/or
(iii) Entitled to a valid student card who is between sessions but is entitled because of student status to use University facilities; and/or
(iv) Who is a post-doctoral fellow
A matter that is considered less serious and the penalties for these offences are less severe.
A student is suspended from attendance in a course or courses, a program and academic unit or division, or the University for such a period of time as may be determined by the Hearing Officer or Discipline Appeals Board.
Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) To cause death or bodily harm to any person;
(b) To burn, destroy or damage real or personal property; or
(c) To kill, poison or injure an animal or bird that is the property of any person.
(S. 264.1 CCC)
trial de novo
A new trial or hearing. In Discipline Appeal matters, there may be exceptional circumstances where the panel may allow the introduction of further evidence which was not available or adduced at the time of the original hearing.
university of toronto
Refers to the University of Toronto and includes any institutions federated or affiliated with it, where such inclusion has been agreed upon by the University and the federated or affiliated institution, with respect to the premises, facilities, equipment, services, activities, students and other members of the federated or affiliated institution.
This includes the premises, facilities, equipment, services and activities of the University of St. Michael's College, Trinity College and Victoria University.
Legal action which is brought, regardless of its merits, for the purpose of harassing or creating adversity for the other side.