Academic Calendar

Academic Integrity and Student Responsibility

The objectives of the University as defined in the Saint Mary’s University Act, 1970, include:

  1. to promote and disseminate learning and knowledge.
  2. to provide an atmosphere of freedom, responsibility and mutual respect in the University community, and,
  3. to aid in the improvement of society in all ways consistent with these objects.

More recently, the University has defined among its Vision, Mission and Core Values as:

Vision

Saint Mary’s, building on its strong tradition of accessibility and community engagement, will be the University of choice for aspiring citizens of the world.

Mission

The mission of Saint Mary's University is to offer undergraduate, graduate, and continuing education programs; to engage in research and disseminate its results; and to serve the community from the local to the international level.

Core Values

Saint Mary’s University addresses its vision and mission in the context of all of its values:

  • In achieving its mission, the Saint Mary’s community is guided by core values of academic integrity, the pursuit of knowledge, responsiveness to community needs, openness to change, concerns for a just and civil society, and fiscal responsibility.
  • The University is committed to accessibility, diversity and the provision of a positive and supportive learning environment through the effective integration of teaching and research.
  • Through promoting the importance of critical enquiry, leadership, teamwork and global awareness, we aim to prepare students for responsible and rewarding lives and to remain engaged with our alumni worldwide.
  • We recognize the importance of the contribution and growth of each individual in the University’s success.
  • Saint Mary’s welcomes mutually beneficial partnerships and strategic alliances with all levels of government, with other educational institutions, non-government institutions and the private sector.

The above guide the University in how it conducts its affairs.  Two key policies of the University are Academic Regulation 19, governing Academic Integrity, and the Student Code of Conduct governing non-academic standards of behaviour.

Academic Integrity  (Academic Regulation 19)

An academic community flourishes when its members are committed to these fundamental values:

1.  HONESTY: An academic community of integrity advances the quest for truth and knowledge by requiring intellectual and personal honesty in learning, teaching, research and service.
2.  TRUST: An academic community of integrity fosters a climate of mutual trust, encourages the free exchange of ideas, and enables all to reach their highest potential.
3.  FAIRNESS: An academic community of integrity establishes clear standards, practices, and procedures and expects fairness in the interactions of students, faculty, and administrators.
4.  RESPECT: An academic community of integrity recognizes the participatory nature of the learning process and honours and respects a wide range of opinions and ideas.
5. RESPONSIBILITY: An academic community of integrity upholds personal accountability and depends upon action in the face of wrongdoing1.

1 The Fundamental Values of Academic Integrity, Center for Academic Integrity, Duke University (www.academicintegrity.org)

University students are expected to have a reasonable measure of self-discipline and maturity. While the University’s teaching resources are available for help and guidance, and instructors and staff will make reasonable efforts to assist students with academic or other problems, the final responsibility for success or failure in academic studies rests with the students.

At times there may be considerable pressure to achieve high grades. Some students may be tempted to obtain grades by dishonest means. The integrity of the University and of the degrees it awards are compromised by practices such as cheating and plagiarism. The University does not condone such acts under any circumstances and will take appropriate disciplinary action. 

Examples of Academic Offences

In April of 2005, the Quality of Teaching Committee Sub-Committee on Academic Integrity released a comprehensive report on academic integrity at Saint Mary’s.  The following examples of academic offences, while not exhaustive, were compiled from information contained in this report.

Plagiarism – "The presentation of words, ideas or techniques of another as one's own.  Plagiarism is not restricted to literary works and applies to all forms of information or ideas that belong to another (e.g., computer programs, mathematical solutions, scientific experiments, graphical images, or data)".

Examples of plagiarism include:

  • quoting, paraphrasing, or summarizing text without proper acknowledgment;
  • paraphrasing too closely (e.g., changing only a few words or simply rearranging the text);
  • downloading all or part of a paper, journal article, or book from the Internet or a library database and presenting it as one's own work;
  • purchasing documentation and presenting it as one's own work;
  • sharing papers including the selling of essays, tests, or other assignments.

Cheating – "The attempt to secure a grade by unethical means.  Knowingly assisting someone to cheat is itself cheating".

Examples of cheating include:

  • impersonating someone during a test or exam;
  • copying or sharing information during a test or exam;
  • using or possessing unauthorized materials (e.g., notes, books, calculators) during a test or exam;
  • obtaining or looking at a copy of a test or exam before it is administered;.
  • improper use of technology (e.g., Personal Digital Assistants to store and retrieve information during an exam);
  • unauthorized use of communication technology (e.g.: cell phones, pagers, Blackberries, etc);
  • unauthorized collaboration between students when individual work is required.
  • submitting the same work for credit in more than one course without the permission of the instructors involved;

Falsification – "It is an offence to falsify any academic record or to use a falsified record".

Examples of falsification include:

  • submitting a false excuse for missing a class, exam, etc. (e.g., forging a medical or death certificate);
  • falsifying course work (e.g., altering or making up data, using fake citations in a bibliography);
  • changing the answers on a returned assignment and resubmitting it to be reevaluated;
  • submitting false information on a university admission form or other documentation;
  • misrepresentation of knowledge of a language by providing inaccurate or incomplete information about one’s linguistic educational history; 
  • non-disclosure of previous post-secondary enrolment;
  • presentation of another’s credentials as one’s own.

Tampering – "It is an offence to tamper with University library materials or computer system resources in any way which would deprive others of their use". 

Examples of tampering include:

  • destroying, hiding, or stealing library materials;
  • altering or destroying university computer programs or files without authorization;
  • accessing and altering official records without authorization.
  • assisting someone in the commission of dishonest behavior is an offence subject to penalty.

Senate Academic Discipline Committee

Composition

The Committee is comprised of nine (9) representatives of the Faculty and three (3) representatives of the student body.  The Faculty representatives are elected by Senate for a three (3) year term.  There shall be three (3) Faculty representatives from each of the Faculties of Arts, Commerce and Science, with no two (2) Faculty representatives from the same Department.  The student representatives shall be appointed by the Students Association.  The Chair of the Committee shall be a Faculty representative chosen by a vote of the majority of the Committee.  The Committee members shall participate in adjudication training annually.

Type One Resolution

In the case of a first documented instance of dishonesty that would normally carry a penalty of zero in the piece of work triggering discipline, the instructor (Complainant) may choose to resolve the complaint with the student (Respondent) using the Type One Resolution process. If the student and instructor mutually agree to a penalty of a reduction in grade (e.g., a grade of zero on the assignment), resubmission of the assignment in question, completion of a new assignment, or other resolution, then this decision is to be communicated in writing to the student, chairperson, Dean and Registrar.

In the case of a first documented instance of dishonesty, where the faculty member has imposed a penalty of a reduction in grade, but the instructor has not met with the student to make a Type One resolution, the Registrar will notify the student, in writing, of the accusation and action.  The student will be advised that this can be challenged by referring the matter to the Senate Academic Discipline Committee.  If the Student does not reply within one month, it shall be deemed to be resolved.

All incidents and actions are to be submitted in writing to the Registrar. Faculty may choose to document the incident by using the Incident Report Form available from the Service Centre. If the student agrees to the penalty they must indicate that in writing.  Students may not appeal decisions that were agreed to through the Type One process. Documentation of all incidents resolved through the Type One Resolution process shall be kept in the student’s official file.

Type Two Resolution

All cases that cannot be resolved by the Type One process shall be resolved by the Senate Academic Discipline Committee in accordance with the procedures for resolution of Type Two complaints (see below).

Procedures for Type Two Complaints

1.   For those cases that cannot be resolved by the Type One process, or the student wishes to challenge the accusation of dishonesty, the Respondent (i.e. the student) shall file a written notice seeking access to the Type Two Resolution process within five (5) working days of receiving notification from the Registrar that there has been a penalty due to a plagiarism incident or allegation, but in no case later than 10 days following the end of the term in which the penalty was applied.

2.    The Registrar shall then provide written notice that the Respondent is seeking access to the Type Two Resolution process to:

  1.    the Senate Office;
  2.    the Complainant;
  3.    the Department Chairperson and Dean of the Faculty from which the Complaint emanates;
  4.    the Dean of the Faculty in which the student is enrolled; and
  5.    the student.

3. The Senate Office shall transmit four copies of the case documentation to the Chair of the Senate Academic Discipline Committee (or the Chair’s designate).  This case documentation may include, but is not limited to:

  1.    copies of the material containing instances of plagiarism or evidence of cheating;
  2.    written submission to department chairperson, Dean and Registrar;
  3.    any documentation relating to the Type One Resolution attempt; and
  4.    notice of the Respondent seeking Type Two Resolution of the complaint.

4.   The Chair of the Senate Academic Discipline Committee shall appoint the members of the Hearing Panel to hear and determine the complaint if the Respondent has made a request for an in person Hearing in their notice of seeking access to the Type Two Resolution process.

5.  The Chair of the Hearing Panel shall request the parties to provide the Hearing Panel with written submissions as set out in paragraph 6 below. Where a Hearing in person is requested, the Chair will schedule a Hearing within thirty (30) calendar days of the filing of the Type Two Resolution request and shall notify both parties of the date. The parties shall provide the information requested by the Chair.

6.   The written submissions of the parties shall contain:

(a)  copies of all documents relevant to the Hearing; and
(b) a written statement of the Complainant’s (e.g. the faculty member involved) position.

7.   The Complainant shall submit his or her written submission within five (5) working days of being requested to do so by the Chair. 

8.   The Respondent shall make a written submission within five (5) working days of receiving the Complainant’s submission.

9.   The Chair shall supply copies of all submissions received to both parties to the Complaint within three (3) working days of receiving the submissions. The chair has the authority to proceed to the next stage as long as the parties to the appeal have been given reasonable opportunity to provide the information requested.

10.   If a party intends to be represented or assisted by a lawyer or other person, he/she must inform the Chair at least two (2) working days prior to the Hearing and the Chair will inform the opposing party and allow them time to arrange representation if desired. In such case, a deferral of the hearing of up to five working days may be requested.

11.   Where a Hearing in person is held, normally the Complainant and Respondent will be present in person. If reasonable attempts to locate a party have been unsuccessful, the Hearing may take place in his/her absence.

12.   Where a Hearing in person is held, the Hearing Panel shall regulate as it considers appropriate in order to achieve an orderly, fair and expeditious resolution of the complaint, with each party to the complaint being given an opportunity to present all relevant evidence and submissions that it wishes to bring forward, an opportunity to comment on the presentations of the other party, and an opportunity to put questions to the other party, directly, or through the Panel.

13.   Whether or not a Hearing in person is held, it is the responsibility of the parties to present to the Panel all relevant evidence and submissions that it wishes to bring forward. In addition to considering all such evidence and submissions, the Hearing Panel may consider relevant evidence and submissions from other sources and, on its own initiative, solicit additional information and act upon it, provided that the parties are apprised of the additional evidence, submissions, and information, with an opportunity to respond.

14.  The Hearing shall be in camera.  All evidence presented and heard in a Hearing will be kept strictly confidential.

15. The Hearing Panel may specify any remedy that it considers appropriate and that would be within the power of Senate to grant.

16.  Decisions of the Hearing Panel shall be made by majority vote. In weighing evidence, the Committee shall base its decisions on “the balance of probabilities”.

17.  The Chair of the Hearing Panel shall forward the decision of the Hearing Panel to the Chair of the Academic Discipline Committee. The Chair will record the decision and forward the Hearing Panel’s decision to the Senate Office and the Registrar. The Registrar shall then notify the parties to the Hearing of the decision and will also inform the individuals identified in paragraph 2.

18.   If any party to a Complaint fails to comply with these procedures or with any request for information after having been given a reasonable opportunity to do so, the Hearing Panel may, in its discretion, deal with the Complaint in a manner adverse to the interests of the party who has failed to comply.

Penalties

The Hearing Panel may impose the following penalties of an academic nature and, without restricting the generality of the foregoing, may include any one or more of:

  • notation of the fact of discipline on the offender’s transcript for a period of one (1) or more years;
  • repeat of the assignment that triggered the discipline;
  • a failing grade or mark or assessment in the piece of work triggering the discipline;
  • failure of the class or course;
  • dismissal for an academic term or year (to a maximum dismissal of three (3) academic years);
  • expulsion from the University;
  • loss of a current or continuing scholarship, or both, or loss of eligibility to receive or maintain scholarships, prizes or bursaries;
  • removal from the Dean’s list;
  • reduction in grade; and
  • revocation of degree, certificate or diploma.

Appeals

An appeal from the decisions of the Senate Academic Discipline Committee may be made to the Senate Academic Discipline Appeal Board on the following grounds:

  1. A failure to follow the “rules of natural justice”;
  2. A failure to follow University rules, regulations or policies.

The rules of natural justice require that decisions are made by a fair process.  The nature and context of the decision being made are important in determining what is a fair process.  The rules of natural justice include the right to be heard and the right to an unbiased decision maker.

The processes for filing an appeal are found in the terms of reference of the Senate Academic Discipline Appeal Board.

Senate Academic Discipline Appeal Board

Composition

The Senate Academic Discipline Appeal Board is comprised of 6 representatives of the Faculty and 2 representatives of the student body.  The Faculty representatives are elected by Senate for a 3 year term.  There shall be 2 Faculty representatives from each of the Faculties of Arts, Commerce and Science, with no 2 Faculty representatives from the same Department.  The student representatives shall be appointed by the Students Association.  The Chair of the Board shall be a Faculty representative chosen by a vote of the majority of the Board.  The Board members shall participate in adjudication training annually.

Function

The Senate Academic Discipline Appeal Board shall:

1.     Hear appeals from decisions of the Senate Academic Discipline Committee on the following grounds:

  1. a failure to follow the “rules of natural justice”,
  2. a failure to follow University rules, regulations or policies.

2.     Have the responsibility to ensure the execution of its decisions.

Procedures

Initiation of the Appeal

1.     Either party to the original complaint may initiate an appeal under this policy by delivering a Notice of Appeal Form to the Registrar.

2.     The Registrar will forward the Notice of Appeal to:

  1. the Department Chairperson and Dean of the Faculty from which the original complaint emanated;
  2. the Dean of the Faculty in which the student is enrolled; and
  3. both parties to the original complaint.

The Notice of Appeal shall be delivered not later than ten (10) working days from the date a final decision being appealed has been communicated in writing to the student.  Thereafter no appeal may be brought.

Appointment of an Appeal Board

Upon receipt of a Notice of Appeal, the Registrar shall send a copy of it to the Chairperson of the Senate Academic Discipline Appeal Board.  If the Chairperson concludes that the appeal involves the permissible grounds for appeal as set out herein, an Appeal Hearing Panel shall be constituted to hear the appeal.  The Chair of the Board shall appoint an Appeal Hearing Panel from the members of the Committee to hear the appeal.  An Appeal Hearing Panel is comprised of two (2) Faculty members and one (1) student.  One (1) of the Faculty members shall be from the Faculty in which the offence occurred but not the same department and shall serve as Chair.

Appeal Hearing Panel Procedure

  1. The Appeal Hearing Panel shall be convened to hear the appeal as soon as practical, but not later than fifteen (15) working days after it is constituted or such later date as is acceptable to the Appellant and Respondent.

   2.   The Appeal Hearing Panel shall determine its procedures subject to the following: 

  1. all parties involved shall be given adequate notice and full opportunity to participate;
  2. the basis of the appeal shall be presented by the person who made the appeal (the Appellant) or person appointed by such person;
  3.  the Appellant or Respondent shall be entitled to be represented by one other person, including legal counsel;
  4. evidence supporting or rebutting the appeal may be given by witnesses;
  5. witnesses may be questioned by the Appellant, the Appellant’s representative, the Respondent, the Respondent’s representative, the Chairperson of the original Academic Discipline Hearing Panel or by the Board;

the hearing shall be in camera unless the student requests that it be open, in which case the number of observers may be limited by the Chairperson. The student is entitled to at most five (5) observers.

Appeal Hearing Panel Procedure

1.     The Appeal Hearing Panel shall be convened to hear the appeal as soon as practical, but not later than fifteen (15) working days after it is constituted or such later date as is acceptable to the Appellant and Respondent.

2.     The Appeal Hearing Panel shall determine its procedures subject to the following:

  1. all parties involved shall be given adequate notice and full opportunity to participate;
  2. the basis of the appeal shall be presented by the person who made the appeal (the Appellant) or person appointed by such person;
  3. the Appellant or Respondent shall be entitled to be represented by one other person, including legal counsel;
  4. evidence supporting or rebutting the appeal may be given by witnesses;
  5. witnesses may be questioned by the appellant, the appellant’s representative, the Chairperson of the original Academic Discipline Hearing Panel or by the Board;
  6. the hearing shall be in camera unless the student requests that it be open, in which case the number of observers may be limited by the Chairperson.  The student is entitled to at most five (5) observers.

Disposition of the Appeal

The Senate Academic Discipline Appeal Board may, by a majority:

  1. deny the appeal;
  2. quash the decision of the Senate Academic Discipline Committee entirely;
  3. quash the decision of the Senate Academic Discipline Committee and recommend a re-hearing on the merits by another panel of the Senate Academic Discipline Committee; or
  4. modify the penalty assessed by the Senate Academic Discipline Committee.

Copy of the Decision

Within five (5) working days from the date the Academic Discipline Appeal Board has rendered its decision, the Registrar shall deliver a copy of the decision to the student who initiated the appeal and to the persons mentioned in item 2 above;

Compliance within Thirty (30) Calendar Days

Where the Academic Discipline Appeal Board has determined that a person or Faculty is to address or act upon a particular matter, the person or Faculty shall within thirty (30) calendar days of the receipt of the decision, advise the Registrar of its compliance, or time table for compliance, with the decision.

No Further Appeal

The findings and ruling of the Academic Discipline Appeal Board shall be binding without further appeal.

Student Code of Conduct

1.     Among the objectives of Saint Mary's University are:

  • to promote and disseminate learning and knowledge.
  • to provide an atmosphere of freedom, responsibility and mutual respect in the University community, and,
  • to aid in the improvement of society in all ways consistent with these objects.

2.     It is important to recognize that in the fulfillment of these objectives, non-academics standards of behavior on the University Campus are as important as academic standards. The Student Discipline Code is directed towards non-academic standards of behavior and seeks to define the rights and responsibilities of students as members of the University Community.

3.     Discipline should encourage students to understand the fundamental values that are essential to the well-being of both the individuals and society, and to accept responsibility for the consequences of their actions.

4.     Students will be responsible for their conduct and will accept the consequences for choices made.

5.     The Student Discipline Code is adopted by the Board of Governors pursuant to Section 8(1)(g) of the Saint Mary's University Act.

6.     Premises of the Student Discipline Code

  1. The Student Discipline Code is committed to fairness in disciplinary and appeal procedures.
  2. The Student Discipline Code is committed to clarity of form and content, in order to facilitate a fair and timely resolution of problems.
  3. Notwithstanding the rules and procedures set out in the Student Discipline Code, the President retains his/her authority to exercise general supervision over the students in accordance with the University Act.
  4. The purpose of this discipline code is instruction. It is a process through which individuals learn to behave in a manner consistent with expectations designed to allow the greatest number of people the opportunity to learn in an appropriate and safe environment.

7.     Misconduct for which students of the University will be subject to discipline includes but is not limited to:

  1. conduct which threatens or endangers the health, safety, or well-being of anyone in their capacity as a member of the University community on or off campus,
  2. the use of abusive or offensive language or gestures at University sponsored functions,
  3. theft of, or deliberate or reckless damage to, University property or the property of a member of the University community,
  4. violations of published rules including those governing University residences,
  5. dishonesty, including, but not limited to:
  6. knowingly furnishing false information or failing to verify the accuracy of the information provided, and
  7. fraud, forgery, alterations or misrepresentation of documents, University records or instruments of identification;
  8. use or consumption of intoxicants, including alcoholic beverages, except where specifically authorized under lawful conditions,
  9. unauthorized use of the University's corporate name, crest, or logo,
  10. intentional obstruction or disruption of any University sponsored function, including disciplinary proceedings held in accordance with these regulations,
  11. the entry or attempted entry without lawful authority of any building, facility or dwelling on University property,
  12. failing to comply with the direction of University officials acting in the performance of their authorized duties,
  13. m.violation of any law of Canada, including but not limited to, acts declared unlawful relating to drugs, alcoholic beverages or gambling or the possession of weapons,
  14. the unauthorized alterations or misuse of any fire fighting equipment, safety equipment or emergency devise,
  15. soliciting or canvassing for commercial purposes without prior written authorization from the University, and
  16. deliberate assault upon a security officer (including without limitation, members of the campus police force, residence assistants, residence security staff or security officers).

Disciplinary Officers and Jurisdiction

8.     Under the general responsibility and direction of the Director of Student Services, and subject to Senate regulations, the following Administrative Officers at the University (hereinafter called "Disciplinary Officer") shall have jurisdiction in matters of student conduct and discipline in respect of all registered students at the University, both full and part-time, and all student organizations at the University:

  1. in matters of damage to property or misconduct against the person, occurring within the confines to the residences maintained by the University (the "Residences"), the Director of Residences,
  2. in matters involving property damage to University property outside the confines of the Residences, the Director of Student Services,
  3. in matters involving misconduct against the person committed on University property, but outside the Residences, and relating to misconduct against the person and/or property outside the University, the Director of Student Services, and
  4. notwithstanding (a), (b), and (c), in respect of all cases of sexual harassment, regardless of location, the Conflict Resolution Officer.

9.     In the event that the Disciplinary Officer having jurisdiction is unable to act upon any complaint filed with him/her, or must disqualify himself/herself from acting upon any complaint for any reason, that officer shall refer the matter to either of the other Disciplinary Officers who shall, upon referral of any complaint, have jurisdiction to act upon the complaint. Should those other officers also disqualify themselves, the matter may be referred to the Assistant Director of Residences (Residence Life).

10.   The Disciplinary Officers, when exercising their jurisdiction as set out herein, shall uphold the authority of the Board of Governors, the Senate and the Saint Mary's University Students' Association (the Students' Association).

Sexual Harassment

11.   Because of the special considerations involved in cases of sexual harassment, the Senate has approved a procedure for dealing with sexual harassment. This Policy contains a complete code with respect to matters of complaints of sexual harassment and shall be used to govern all cases of sexual harassment even where it conflicts with this Policy, except in so far as disciplinary penalties are concerned. The range of disciplinary penalties which can be invoked in cases of sexual harassment are those enumerated in Article 23 of that Policy.

Disciplinary Complaints

12.   Any member of the University community (i.e., students, faculty, administrators or employees) may lodge a complaint with any of the Disciplinary Officers alleging that a student has engaged in a misconduct. Any such complaint shall set out the facts of the alleged misconduct and shall be made within five days of the complainant having become aware of the misconduct. A Disciplinary Officer shall have the power to extend the time for filing a complaint is he/she deems it appropriate having regard to all the circumstances surrounding the alleged misconduct.

Disciplinary Hearing

13.   Complaints will be heard by a Board (the Student Disciplinary Board or "SDB") consisting of three persons as follows:

  1. the Disciplinary Officer having jurisdiction over the complaint (8. (a), (b), c)),
  2. one member of the administration staff of the University to be appointed by the President, and
  3. one student chosen by the Director of Student Services through an interview process, in conclusion with the Saint Mary's Students' Association.

With respect to the administrative and student members, an alternate for each shall be designated as outlined in 13. b) and c).

14.   Disciplinary hearings will be chaired by the Disciplinary Officer having jurisdiction.

15.   Upon receiving any complaint, the Disciplinary Officer acting in respect of the alleged misconducts shall set a time and place for the hearing of the complaint. Wherever possible, the hearing of the complaint shall be within ten (10) days from the date of the receipt of the complaint by the Disciplinary Officer acting in respect of the alleged offence.

16.   The Disciplinary Officer acting in respect of the alleged misconduct shall serve the student respondent with notice of the time and place of the hearing and the nature of the alleged misconduct not later than 48 hours prior to the time set for the hearing. This notice can be waived by a mutual agreement.

17.   A student respondent shall have the liberty to admit to the misconduct with explanation and avoid a full disciplinary hearing. Once the Disciplinary Officer has heard the admission with or without "explanation" he/she shall advise the student of his/her decision regarding a disciplinary penalty. The student may accept this decision or may request a full hearing of the Student Disciplinary Board. In the latter case, the Disciplinary Officer will disqualify him/herself from hearing the case and refer the complaint to the second Disciplinary Officer. A student respondent who accepts the decision made by the Disciplinary Officer shall not have the right to an appeal subject to the complainant's right of appeal.

In the event that a student respondent fails or refuses to comply with the disciplinary penalty and/or fine imposed hereunder, the Disciplinary Officer shall recommend to the Appeal Board the suspension and/or expulsion of the person from the University and shall provide notice of his/her recommendation to the person.

18.   At the commencement of any hearing, the Chair of the Student Disciplinary Board shall ask the accused person to admit or deny the allegations of misconduct. In the event that the student respondent neither admits or denies the allegations, the Disciplinary Officer shall consider that the student respondent denies the allegations and require the complainant to provide evidence in support of the complaint.

19.   The Student Disciplinary Board shall have the power to determine the procedure to be followed at any disciplinary hearing, but in every case shall provide both the complainant and the student respondent the opportunity to testify personally, to call witnesses and to make representations provided, however, that the complainant's case against a student respondent shall be completed prior to the students respondent's testifying or calling witnesses.

20.   Both the complainant and the student respondent will normally present their cases without necessity of legal or other representation. In appropriate circumstances, the Student Disciplinary Board may allow parties to be assisted by an advisor, legal or otherwise, but in any case, where a person wishes to have representation, he/she shall so advise the Chair of the Student Disciplinary Board not less than 48 hours prior to the hearing.

21.   In the event that a student respondent, having been given notice thereof, shall fail or refuse to attend the disciplinary hearing at the place and time set therefore, the Student Disciplinary Board shall conduct the hearing in the absence of the student respondent.

Decision

22.   The Student Disciplinary Board shall, within five (5) days of the conclusion of a hearing, render the Student Disciplinary Board's decision in writing, setting out the reasons therein for the Student Disciplinary Board's decision. The decision of the Student Disciplinary Board shall be the decision of a majority of the Board. The student respondent and the complainant shall be sent a copy of the decision within two (2) days of the rendering of the decision, and a copy of the decision shall be forwarded to the President of the Students' Association, the President of the University and the other Disciplinary Officers.

Disciplinary Penalties

23.   The Student Disciplinary Board shall, on completion of the hearing, have the power to dismiss the complaint if the Board concludes that the student respondent did not engage in the alleged misconduct, or to impose any of the following penalties, if the Board concludes that the student respondent did engage in the misconduct:

  1. to  the matter. Ten (10) dollars will be the amount normally levied in respect of administrative costs, but the University reserves the right to levy such amount as is appropriate in the circumstances of each case,
  2. to levy such fine or penalty as the Student Disciplinary Board deems appropriate, but no monetary penalty in excess of the actual monetary amount of damage caused by the student respondent plus a fine of $100.00 shall be levied in a case where the student respondent admits to the misconduct.
  3. to recommend to the Appeal Board the suspension and/or expulsion of the student respondent from the University, and/or
  4. to impose any other penalty that is deemed appropriate having regard to all the circumstances surrounding the complaint.

24.   In the event that a student respondent fails or refuses to comply with the disciplinary penalty and/or fine imposed hereunder, the Disciplinary Officer shall recommend to the Appeal Board the suspensions and/or expulsion of the person from the University and shall provide notice of his/her recommendation to the person.

25.   There shall be an Appeal Board consisting of three persons to be appointed as follows:

  1. one faculty member to be appointed by the Senate,
  2. one member of the Administration Staff of the University to be appointed by the President of the University, and
  3. one student to be appointed by the Student's Council.

An alternate for each of these persons hall be designed as in 25. (a),(b) and (c).

26.   The following people are not eligible to serve on the Appeal Board:

  1. Student Security,
  2. Residence Assistants,
  3. Residence Security, and,
  4. Disciplinary Officers.

27.   The Faculty member shall act as chairperson of the Appeal Board.

Appeals Procedure

28.   If either complainant or the student respondent feels aggrieved by the decision or penalty imposed by the student Disciplinary Board, they may file a written notice for consideration of an appeal with the Appeal Board within five (5) days of receiving notice of the decision of the Student Disciplinary Board. A person filing a Notice of Appeal shall, at the time of filing the Notice, pay to the University a deposit of $25.00. If the appellant is successful in the appeal, the deposit shall normally be refunded to him/her.

29.   The grounds for an appeal shall be limited to:

  1. disclosure of new and relevant evidence not available at the original hearing, and/or
  2. severity of the penalty.

The Chairperson, in consultation with the board members, shall consider the relevance of the student's appeal on these grounds prior to setting an appeal hearing. If the Appeal Board finds that grounds do not exist then the appeal is to be denied and the chairperson shall notify the appellant within 48 hours.

30.   Once it has been determined that an appeal is warranted, the Chairperson of the Appeal Board shall set a time and place for the hearing of the appeal. An appeal shall normally be heard within five (5) University business days from the date of the filing of Notice of Appeal. The chairperson shall inform the complainant, the student respondent and the Disciplinary Officer of the time and place for the hearing. He/she shall also make known the grounds for an appeal as outlined in 25. (a) and (b).

31.   The Appeal Board shall have the right to determine its own procedure, but in every case shall give both the complainant and the student respondent the right to make representations. Both the complainant and the student respondent will normally present their cases without legal or other representation. In appropriate circumstances, the Appeal Board may allow parties to be assisted by a representative (legal or otherwise), but in any case, where a person wishes to have representation, he/she shall so advise the Chairperson of the Appeal Board not less than 48 hours prior to the hearing.

32.   Upon hearing any Appeal, the Appeal Board may confirm the decision of the Student Disciplinary Board or vary the decision in any manner which it deems appropriate. In any case where the Appeal Board has decided to suspend/expel a person from the University, it shall forward the decision to the President of the University for approval.

33.   The decision of the Disciplinary Appeal Board shall be the decision of a majority of the Board, and shall be made known to all interested parties in accordance with the manner set out in paragraph 22 herein.

Fines, Etc.

34.   All fines or other money received pursuant to this Student Disciplinary System shall be paid to the general account of the University. The Chairperson of the Appeal Board shall ensure that, where appropriate, any funds so received are credited to the University Department concerned.

Offenses Against Security Officers

35.   Where the Student Disciplinary Board has found that a student respondent has committed an assault upon a Security Officer (including, without limitation, members of the Student Security Force, Residence Assistants, Residence Security Officers) the Student Disciplinary Board shall recommend to the Appeal Board the suspension and/or expulsion of the person from the University and shall provide notice of its' recommendation to the person.

General

36.   In this Disciplinary System, unless otherwise specified, "days" shall mean University Business days.

37.   The Student Disciplinary Board acting in respect of a complaint, or the Appeal Board in the case of an appeal, shall have the power to extend or waive any of the time limits contained herein if it considers that it is necessary in the circumstances and that it would not prejudice any of the parties involved.

University Housing Disciplinary Procedures

38.   All students who reside in University housing must abide by the Saint Mary's University Student Discipline Code and by the policies and regulations set out in the Residence Handbook, Residence Agreement, and the University Calendar.

39.   Residence Assistants (RA), Residence Coordinators (RC), and Residence Security Officers (RS0) shall be empowered by the Director of University Residences to issue bonding notices for misconduct which would not normally be heard through the Student Discipline Code including:

  1. non-evacuation during a fire alarm/emergency,
  2. excessive noise and/or violation of Quiet Hour Policy,
  3. mischief/disruptive behaviour,
  4. violation of Liquor Policy,
  5. playing hallway games,
  6. violation of Smoking Policy,
  7. violation of Guest and/or Visitor Policy.

40.   The bonding Notice may be in the form of a warning only or a bond in the amount of $50.00. The bond becomes payable within two business days of the date of a second bond being issued. One copy of the Bonding Notice goes to the student, a second to the RA, RC or RSO and a third to the Director. Within twenty-four hours of issuing a Bonding Notice, the RA/RC/RSO must complete an incident report copying the student, the RA/RC/RSO and the Director.

41.   Appeals of a Bonding Notice will be heard by a Residence Discipline Committee, which shall be scheduled as follows:

  1. the committee will be called together by the Residence Coordinator of the residence in which the bonded student lives,
  2. the committee shall consist of five residence student members who shall represent a cross-section of all residences. Committee members shall be selected by the Director, University Residences through an interview process (See Article 26 for eligibility requirements).
  3. three members shall constitute quorum of the committee,
  4. the Chairperson of the committee shall be chosen by a majority vote of the committee members, and
  5. the decision of the committee shall be final and shall be communicated to the bonded student, with copies to the Residence Coordinator and Director, within five (5) days of the hearing.