Discipline for Non-Academic Misconduct: Student Code of Conduct

• 1. General
• 2. Definitions
• 3. Application
• 4. Prohibited Conduct
• 5. Disciplinary Measures
• 6. Process and Procedures
• 7. President's Non-Academic Misconduct Committee
• 8. President
• 9. Registrar
• 10. Appeals

1. General

1.1 The University is a community of students, faculty, and staff involved in learning, teaching, research, and other activities. In accordance with the UBC Statement on Respectful Environment for Students, Faculty and Staff, all members of this community are expected to conduct themselves in a manner that contributes positively to an environment in which respect, civility, diversity, opportunity, and inclusiveness are valued, so as to assure the success of both the individual and the community.

1.2 The purpose of this Student Code of Conduct is to define the general standard of conduct expected of students, provide examples of conduct that may be subject to disciplinary action by the University, provide examples of disciplinary measures that may be imposed, and set out the process and procedures that the University will follow when an allegation of non-academic misconduct is made. Students are expected to be aware of, and to conduct themselves in accordance with, this Code.

1.3 The University respects the right of students to conduct their own personal lives. This Code governs conduct only to the extent necessary to protect the integrity and proper functioning of the academic and non-academic activities of the University, the peaceful and safe enjoyment of University facilities by other members of the University and the public, the freedom of members of the University to participate reasonably in the programs of the University and in activities in or on the University’s premises, or to protect the property of the University or its members.

2. Definitions

2.1 In this Code:

1. (a) "student" means: a person who is presently enrolled at the University in a credit course or who is designated by resolution of the senate as a student, and includes co-op and exchange students;
   
   (b) the "University" means: the University of British Columbia; and
   
   (c) "premises" includes: lands, buildings, and grounds of the University.

2.2 Unless otherwise stated, a student will only be liable for conduct that they knew, or ought reasonably to have known, would constitute conduct prohibited under this Code.

3. Application

3.1 This Code applies to conduct that:

1. (a) occurs on or near the premises of the University;
   
   (b) occurs elsewhere in the course of activities sponsored by the University, or where the conduct is alleged to adversely affect, disrupt or interfere with another person’s reasonable participation in University programs or activities; or
   
   (c) occurs in the context of a relationship between the student and a third party that involves the student’s standing, status or academic record at the University.

3.2 However, this Code will not apply to conduct that:

1. (a) is specifically assigned to another disciplinary body within the University (e.g. Academic Misconduct or Scholarly Misconduct);
   
   (b) is subject to action under a residence discipline policy unless some non-residence University interests are deemed to be involved, in which case the matter may also proceed under this Code; or
   
   (c) is committed by a student in his/her capacity as an employee of the University unless some non-employment University interests are deemed to be involved, in which case the matter may also proceed under this Code.

3.3 Any student found responsible for non-academic misconduct is subject to the disciplinary provisions of this Code, regardless of the action or inaction of civil authorities. Nothing in this Code precludes the University from referring an individual matter to the appropriate law enforcement agency before, during or after disciplinary action is taken by the University under this Code. A student may be subject to criminal prosecution and/or civil proceedings notwithstanding, and in addition to, disciplinary action taken by the University against the student under this Code.

3.4 The University may also define standards of professional conduct for students in programs where these are appropriate, and this Code does not replace or supersede such standards. Where alleged conduct is prohibited conduct under this Code and standards of professional conduct in a program, the University will determine how the allegations will be addressed, which may include under this Code, the standards of professional conduct, or both with such modification to procedure as appropriate provided they meet the requirements of procedural fairness in the university context.

4. Prohibited Conduct

4.1 Any conduct on the part of a student that has, or might reasonably be seen to have, an adverse affect on the integrity or the proper functioning of the University, or the health, safety, rights or property of the University or its members and visitors, is subject to discipline under this Code. The following list sets out specific examples of prohibited conduct. It is intended to help students understand the type of conduct that will be subject to discipline: it is not an exhaustive list and students should be aware that their conduct may still be considered prohibited conduct under this Code even if it does not appear in the list below.

4.2 Prohibited conduct that is subject to disciplinary measures includes, but is not limited to, engaging in, attempting to engage in, or assisting others to engage in any of the actions described below:

4.2.1 Misconduct against persons, which includes:

1. (a) physically aggressive behaviour, assault, harassment, intimidation, threats or coercion;
   
   (b) conduct that threatens or endangers the health, safety or property of any person;
   
   (c) conduct that creates conditions that endanger the health, safety, property or well-being of any person;
   
   (d) engaging in a course of vexatious conduct, harassment or discrimination that is directed at one or more specific persons and that is based on any of the protected grounds under the BC Human Rights Code; and
   
   (e) engaging in unwelcome or persistent conduct that the student knows, or ought to reasonably know, would cause another person to feel demeaned, intimidated or harassed.

4.2.2 Misconduct involving property, which includes:

1. (a) taking without authorization, or misusing, destroying, defacing or damaging University property or property that is not their own, or information or intellectual property owned by the University or by any of its members;
   
   (b) possessing University property or property that is not their own, if the student knows, or ought to reasonably know, that property to have been taken without authorization; or
   
   (c) creating a condition that unnecessarily endangers or threatens destruction of University property or property that is not their own.

4.2.3 Disruption

No student shall, by action, threat or otherwise, disrupt any activity organized by the University or by any of its faculties, schools or departments, or the right of other persons to carry on their legitimate activities, to speak or to associate with others.

4.2.4 Unauthorized Use of University Facilities, Equipment or Services

1. (a) No student shall use any facility, equipment or service of the University, or enter or remain on any premises, to which they do not have legitimate access, or contrary to the expressed instruction of authorized persons.
   
   (b) No student shall use any University computing equipment, facility, network or system for any disruptive or unauthorized purpose, or in a manner that violates any law, University regulation, policy or procedure.
   
   (c) No student shall destroy, misplace, misfile, or render inoperable any stored information such as books, film, data files or programs from a library, computer or other information storage, processing or retrieval system.

4.2.5 False Charges

No student shall bring a false charge against any member of the University under this Code.

4.2.6 False Information and Identification

No student shall knowingly furnish false information to any person or office acting on behalf of the University, or forge, alter or misuse any University document, record or instrument of identification, or knowingly furnish false information to any person regarding their standing, status or academic record at the University.

4.2.7 Aiding in the Commission of Prohibited Conduct

No student shall encourage, aid, or conspire with another student in the commission of prohibited conduct, or encourage or aid behaviour by a non-student which, if committed by a student, would be prohibited conduct under this Code.

4.2.8 Refusal to Comply with a Direction of a University Representative

No student shall refuse to comply with a reasonable direction to do, or not to do, something that is made by a University representative authorized to make such a direction.

4.2.9 Refusal to Comply with Disciplinary Measures or the Terms of an Agreement Made Under Section 6

No student found to have committed prohibited conduct under this Code shall fail to comply with a disciplinary measure or disciplinary measures imposed under the procedures of this Code. No student who has agreed to take steps to correct or resolve a matter under section 6 of this Code shall fail to comply with the terms of that agreement.

4.2.10 Unauthorized Possession or Use of Dangerous Objects

No student shall store, possess or use real or replica firearms or other weapons, explosives (including fireworks), ammunition, or toxic or otherwise dangerous materials on University premises.

4.2.11 Alcohol or Drug Use

No student shall use, possess or distribute a controlled or restricted substance or contravene provincial liquor laws or the policies of the University governing the possession, distribution and/or consumption of alcoholic beverages.

4.2.12 Hazing

No student shall engage in hazing, which is defined as an act which endangers the mental or physical health or safety of a student for the purposes of initiation or admission into, affiliation with, or as a condition for continued membership in, a group or organization.

4.2.13 Contravention of University Regulations

When a rule, regulation or policy of the University prohibits or proscribes certain conduct but does not provide any penalty for breaches of the rule, regulation or policy, breaches shall be dealt with under this Code.

4.2.14 Contravention of Other Laws

No student shall contravene any provision of the Criminal Code or any other federal, provincial or municipal statute or regulation.

5. Disciplinary Measures

5.1 Disciplinary measures which may be imposed, singly or in combination, for non-academic misconduct include, but are not limited to, the following:

1. (a) Warning or reprimand - A written warning or reprimand to the student.
   
   (b) Probation - A written reprimand and order for a designated probationary period in which a student must fulfill certain conditions and have good conduct or otherwise be subject to the imposition of further or more severe disciplinary sanctions.
   
   (c) Restitution - Payment of costs, or compensation for loss, damage or injury that may be monetary or in the form of appropriate service or material replacement.
   
   (d) Apology - Issuance of a statement, apology or retraction in an appropriate form in public or in private.
   
   (e) Loss of privileges - A denial of specified privileges for a specified period of time. Privileges are those that if restricted may affect full participation in campus life but not make it impossible to complete academic requirements.
   
   (f) Restriction or prohibition of access or use - A denial for a specified period of time of, or conditions imposed on, a student’s right to access to or use of any part or all of the University's lands, equipment, facilities, services, activities, programs, meetings or events or those held by, on, or in association with the University.
   
   (g) Discretionary sanctions - Imposition of work assignments, service to the University or other such discretionary assignments that are considered appropriate and punitive, compensatory, restorative, educational, or deterrent in nature, provided that any such work or service is available and not prohibited by labour or other service agreements.
   
   (h) Fines - Levying of a fine. Fines will not normally exceed $1000.
   
   (i) Loss of fees - Forfeiture or loss of payments, fees, or refunds.
   
   (j) Good behaviour bond - A bond or deposit for good behaviour paid by the student to appropriate University office as directed, which will be returned to the student after one calendar year if the student fulfills certain conditions. Bond will not normally exceed $1000.
   
   (k) Relocation or exclusion from residence - Relocation from a residence or exclusion of the student from residence for any specified period of time.
   
   (l) Deregistration or termination - Removal of the student from one or more courses for one or more terms (which may require re-application for admission to a program or faculty), or termination from any internship, practicum, or research project.
   
   (m) Suspension from the University - Suspension of the student from the University for a specified period of time after which the student is eligible to return. Conditions for readmission may be imposed. Suspension will normally also result in deregistration and/or the placement of an academic hold.
   
   (n) Expulsion from the University - Expulsion of the student from the University.

5.2 Disciplinary measures for non-academic misconduct shall not ordinarily be recorded on a student's transcript unless the student is suspended or expelled. In the case of suspension, the transcript notation shall be removed upon lapsing of the suspension.

5.3 Refusal to comply with a disciplinary measure or disciplinary measures imposed under this Code is itself a serious offence and may result in suspension for up to two years.

5.4 Where the non-academic misconduct resulted in property damage, the disciplinary measures should include restitution or rectification.

5.5 Where a monetary disciplinary measure is imposed, the costs to the University and the degree of financial hardship imposed upon the student, if any, should be taken into consideration.

6. Process and Procedures

6.1 Subject to section 6.2, all incidents of suspected non-academic misconduct will be reported to Campus Security, who will then bring the matter to the attention of the Student Conduct Manager. The Student Conduct Manager will consider the allegations and may do any of the following:

1. (a) meet with the student suspected of the misconduct;
   
   (b) investigate further by any means deemed necessary and appropriate; or
   
   (c) refer the matter to the President’s UBC Okanagan Non-Academic Misconduct Committee (the "Committee").

6.2 Incidents of suspected non-academic misconduct that involve Sexual Misconduct or Discrimination will be addressed pursuant to UBC Board of Governors Policy SC17, Sexual Assault and Other Sexual Misconduct, or UBC Board of Governors Policy SC7, Discrimination, respectively, and not this section 6, and therefore section 7 does not apply. In this Student Code of Conduct, “Sexual Misconduct” and “Discrimination” have the meanings as defined in Policy SC17 and Policy SC7, respectively. See the online UBC Board of Governors Policy SC7 and UBC Board of Governors Policy SC17. With regard to allegations of non-academic misconduct that involves Sexual Misconduct or Discrimination:

• (a) the investigator appointed under Policy SC7 or Policy SC17 investigates the allegations. The President decides what discipline or other measures, if any, should be imposed based upon the investigator’s findings and, with respect to Discrimination, upon consideration of the recommendation of the Director of Investigations. Under section 61 of the University Act, the President of the University is given the power to suspend students and to deal summarily with any matter of student discipline;
  
  (b) other suspected non-academic misconduct that is related or connected with the alleged Sexual Misconduct or Discrimination may be added to the investigation under Policy SC17 or Policy SC7 and be investigated by the investigator appointed under that Policy, rather than being referred to and investigated by the Committee. Without limiting the generality of the foregoing, incidents of suspected retaliation in contravention of Policy SC17 will be addressed pursuant to that Policy;
  
  (c) the Registrar, in consultation with the Director of Investigations, may place the student on academic hold until the allegations are dismissed or the President decides what disciplinary measures, if any, are to be taken; and
  
  (d) a student may write to the Registrar to request the academic hold be removed. The request must include an explanation why such an academic hold is not appropriate in the circumstances. The Registrar, in consultation with the Director of Investigations, will determine if the request will be granted.

6.3 If the Student Conduct Manager believes that the suspected misconduct is of such a minor nature that it does not require corrective action or that the Committee is not likely to find facts that would result in disciplinary action, the Student Conduct Manager may discontinue further action. Upon discontinuing further action, the Student Conduct Manager will notify the Committee and the student named in the allegations in writing of their decision and will invite the student to respond if the student wishes to do so. The student will also be advised of the possible effect of the allegations in the future, as set out below in section 6.7.

6.4 If the Student Conduct Manager believes that non-academic misconduct has occurred, the Student Conduct Manager may determine what, if any, steps the student could take to correct or resolve the matter. If the student agrees to the resolution proposed by the Student Conduct Manager, an agreement outlining the steps to be taken by the student will be drawn up and signed by the student. If the student does not agree, the Student Conduct Manager will refer the matter to the Committee.

6.5 The Student Conduct Manager will keep a copy of the signed agreement, and will also provide a copy to the Committee. The Student Conduct Manager will also monitor the student’s compliance with the agreement.

6.6 Any agreement reached with the student must be consistent with University policy and procedures and must, in the opinion of the Student Conduct Manager, adequately resolve all aspects of the allegations made against the student. The student must be advised that the agreement is conditional upon compliance and that if the student fails to comply with any aspect of the agreement, the matter may be referred to the Committee and the non-compliance may constitute a separate incident of non-academic misconduct.

6.7 A record of the allegations and any decisions made as a result of the allegations will be retained in the student's file and, in the event of any further allegations of misconduct, the allegations may be considered when determining how to deal with subsequent alleged misconduct.

6.8 The Chair of the Committee may refer any matter that has been referred to the Committee back to the Student Conduct Manager for resolution by agreement with the student when it is appropriate to do so under the circumstances.

7. President's UBC Okanagan Non-Academic Misconduct Committee

7.1 Under section 61 of the University Act, the President of the University is given the power to suspend students and to deal with any matter of student discipline. The Committee is constituted to investigate allegations of non-academic misconduct and to report its findings to the President, who then decides what discipline, if any, should be imposed. The University Counsel may set down rules for Committee investigations and may alter these rules from time to time. See the online President’s UBC Okanagan Non-Academic Misconduct Committee Rules.

7.2 The Registrar, in consultation with the Chair of the Committee, may place the student on academic hold until the President has made his or her final decision.

7.3 A student may write to the Registrar to request the academic hold be removed. The request must include an explanation of why such an academic hold is not appropriate in the circumstances. The Registrar, in consultation with the Chair of the Committee, will determine if the request will be granted.

7.4 At the conclusion of the investigation, the Committee will review the information submitted to it, including the written allegations submitted by the Student Conduct Manager, and any other relevant materials submitted by the parties, and may consider all issues relevant to the allegation in making a determination as to whether, on a balance of probabilities, the student committed the alleged non-academic misconduct. The Committee will submit a report of its findings (including any findings with respect to extenuating circumstances) to the President, who will decide what disciplinary measures, if any, are to be taken.

8. President

8.1 Once the President has come to a decision based on the report of the Committee, the Investigative Report under UBC Board of Governors Policy SC17, Sexual Assault and Other Sexual Misconduct, or the recommendation of the Director of Investigations under UBC Board of Governors Policy SC7, Discrimination, as the case may be, the President will send a letter to the student detailing the following:

1. (a) the President's decision;
   
   (b) reasons for the President’s decision, including the applicable report from the Committee or investigator (as redacted, if necessary, pursuant to Policy SC17 or Policy SC7);
   
   (c) a description of the nature and the duration of the disciplinary measures imposed, if any; and
   
   (d) notice that the student has a right to appeal the decision to the UBC Okanagan Senate Committee on Appeals of Standing and Discipline (the "Senate Committee") and the time limit for such an appeal (the "Decision Letter").

8.2 If disciplinary measures are imposed, the President will promptly send a copy of the Decision Letter to the Senate Committee and will also provide copies of the Decision Letter to the Registrar, Campus Security, and, where the disciplinary measures imposed are not pursuant solely to Policy SC17, to the Student Conduct Manager.

8.3 For certainty, the Decision Letter will also be provided to those identified as recipients under the applicable UBC Board of Governors Policy, and it may be provided to such other persons within the University as deemed necessary for the recipients to carry out their duties.

9. Registrar

9.1 The Registrar is responsible for taking any relevant actions in accordance with the President’s decision, including making a notation on a student’s transcript, placing an academic hold on a student’s academic status for the duration of a suspension, and notifying the instructors of courses in which a student is enrolled.

10. Appeals

10.1 A student has the right to appeal any disciplinary decision of the President to the Senate Committee as established under section 37(1)(v) of the University Act. See information on the Senate appeal process set out online under Discipline for Academic Misconduct and under the Rules and Procedures of Senate - Disciplinary Appeal Procedures.