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 Discpiline 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 Investigations 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 . Records of previous convictions may be taken into account in imposing a sanction.