Procedure for Policy 1.6 Policy on Non-Academic Misconduct - Judicial Committee Rules of Procedure
The official version of this procedure is housed with the University Secretariat. In the event of a discrepancy, the official version will prevail. Click here for a printable version of this procedure.
Parent Policy: Policy on Non-Academic Misconduct
Approving Authority: Board of Governors
Responsible Office: Vice-Provost (Student Affairs), Student Judicial Services
Responsible Officer: Vice-Provost (Student Affairs), University Secretary
Original Approval Date: January 22, 2020
Effective Date: January 22, 2020
Date of Most Recent Review:
1. Amendment and Computation of Time
1.1. Where these Rules prescribe a number of days, weekends and holidays shall be counted.
1.2. Where any time or time limitation is mentioned in these Rules, the Chair may extend or abridge the time requirements prescribed as necessary. This discretion may be exercised before or after the expiration of the time prescribed.
2.1. Complaints regarding a breach can be made by submitting a completed Notice of Offence and attaching all relevant information. The Notice of Offence will be delivered to the student by Campus Community Police.
2.2. After Student Judicial Services has received a completed Notice of Offence (including copies of all relevant information), a Notice of Hearing will be sent to the student’s University of Guelph email address. The Notice of Hearing shall include the nature of the offence, the date, time and place of the hearing, the rules of procedure for the Judicial Committee, as well as all information that has been included in the Notice of Offence. The Notice of Hearing will be deemed to have been delivered on the day the email was sent by Student Judicial Services. Students shall have at least 14 days’ notice of a hearing, unless they waive that notice period.
2.3. The Judicial Officer will offer a preconference meeting with the student to explain in detail the hearing procedures, the meeting to proceed at the student’s discretion.
3.1. Any written statements, documentation and any other material which either party intends to rely on during a hearing (“Documentation”) should be provided to Student Judicial Services no later than 7 days before the scheduled hearing date.
3.2. If no objections to the Documentation are raised by the parties, the Documentation will be forwarded to the Committee members for review prior to the hearing. If any party objects to part or all of the Documentation, the objection together with reasons must be delivered to Student Judicial Services in writing. See “Motions and Preliminary Matters”. If there is an objection submitted, the Documentation will not be forwarded to the Committee prior to the motion being heard.
4. Motions and Preliminary Matters
4.1. The membership of the Committee hearing the case will be made available to the parties prior to the meeting, to provide an opportunity to raise concerns regarding conflict of interest.
4.2. A specific request for action (“motion”) may be heard prior to a hearing or at the beginning of a hearing. The motion is to be in writing and submitted to Student Judicial Services. Any response to the motion must be made in writing and delivered through email or on the hearing date.
4.3. Motions for an adjournment will be decided by the Chair or Vice-Chair. Decisions will be guided by the need for an expeditious resolution of the case, which should prevail absent compelling reasons. The decision of the Chair or Vice-Chair is final.
4.4. All other motions will be decided by the Committee and be brought no later than 5 days before the scheduled hearing date. Motions not delivered to Student Judicial Services within 5 days can only proceed with the approval of the Committee and will normally only be granted in extraordinary circumstances.
5. Hearing Procedures
5.1. Normally, the Judicial Committee will hear the case within 28 days of the delivery of the Notice of Offence to the student.
5.2. Hearings will be scheduled on weekdays, including during the examination period but will not be scheduled to conflict with a student’s examination. Hearings will also be scheduled in the spring semester to address outstanding issues from the winter semester.
5.3. Students may enter one of the following pleas:
5.3.1. Responsible: students admit that they are responsible for the alleged breach of the Policy on Non-Academic Misconduct;
5.3.2. Responsible with Explanation: students admit that they are responsible for the alleged breach of the Policy on Non-Academic Misconduct, but there are extenuating circumstances that they want to bring to the attention of the Judicial Committee; or
5.3.3. Not Responsible: students do not admit responsibility for the alleged breach of the Policy on Non-Academic Misconduct.
5.4. No Plea Submitted: Where a student refuses to enter a plea or fails to appear at the hearing, the student shall be deemed to plead not responsible.
5.5. Non-Appearance at a Hearing: If either party fails to appear before the Committee on the day and time identified in the Notice of Hearing, the Committee has the authority to:
5.5.1. dismiss the case without further notice;
5.5.2. proceed in the absence of the party that failed to appear; or
5.5.3. reschedule the hearing if acceptable extenuating circumstances are provided.
5.6. New evidence: No new evidence will be allowed at the hearing unless agreed to by the Committee.
5.7. Open Hearings: Normally all hearings before the Committee shall be open to the public. The Committee may close the hearing to the public. A closed hearing may be held where the Committee is of the opinion that the matters to be discussed will involve intimate, financial, or personal matters, or other matters may be disclosed at the hearing of such a nature that would override the principle of open hearings; or the matters involve public security.
5.8. Hearings shall be conducted to allow all parties involved an opportunity to question the information provided.
5.9. Any party in a hearing shall be entitled to be represented by an advisor or agent, including by legal counsel. The advisor may raise issues with the Committee, make arguments, and ask questions of witnesses.
6. Maintenance of Order at Hearings
6.1. The Chair of Committee (or designate) may give directions during the proceedings to maintain order. The Chair may ask any party to leave the hearing if, in the opinion of the Chair, the action is so disruptive to the hearing process as to frustrate it. In this instance, the Committee will consider the case using written documentation from the parties.
6.2. The Chair may reasonably limit discussion and questioning where it is satisfied that the examination has been sufficient to disclose fully and fairly all matters relevant to the hearing.
7.1. Each party is permitted to call witnesses to provide relevant testimony.
7.2. Each party has the ability to question witnesses called by other parties as reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence.
7.3. Witness shall be entitled to be advised by legal counsel or by an advisor/agent, but such legal counsel or advisor/agent may take no other part in the hearing without the permission of the Committee.
7.4. At any time during the hearing, the Committee may, at the request of any party or on its own initiative, require that witnesses be excluded from the hearing until called to give evidence. It is customary that this type of request would be made at the outset of a hearing.
7.5. Where a hearing is closed to the public, legal counsel or the advisor for witness shall not be entitled to be present, except when that witness is giving evidence.
8.1. The Committee may admit as evidence at a hearing:
8.1.1. any oral testimony;
8.1.2. any documentation relevant to the case, which could include duplications of authentic materials. The Committee may exclude anything unduly repetitious.
9. Notice of Facts/Opinions
9.1. The Committee may take notice of facts that are a matter of public record, generally recognized scientific or technical facts, or information within its specialized knowledge.
10. Decisions of Judicial Committee
10.1. The Judicial Committee shall make its decision using the balance of probabilities, and based on the evidence provided.
10.2. Decisions will be made by majority vote of the members present.
10.3. The student shall be told verbally the outcome of the hearing at the end of the proceedings. The student will be provided with copy of the written decision by email.
10.4. Normally within 7 working days, Student Judicial Services shall send to all parties the Committee’s final decision, and/or invoice, if any, in writing and signed by the presiding Chair of the hearing.
11. Record of Hearings
11.1. The Judicial Office shall compile a record for each hearing, which shall include a copy of:
11.1.1. all documents including evidence submitted by both parties;
11.1.2. any order granting adjournments or motions made by the Committee;
11.1.3. the Judicial Committee Hearing Proceeding sheet; and
11.1.4. the Decision Letter.
11.2. All records of the hearing shall be expunged seven years following the hearing if the student is found responsible, except those for which the penalty was suspension or expulsion. If the student is found not responsible, all records will be expunged after one year following the hearing and in accordance with the Student Judicial Services Records, Retention and Disposition Policy.
12.1. A proceeding shall not be defeated by any formal objection of a technical nature. All reasonable and necessary amendments to process documents shall be made by the Committee in order to determine the real matter in dispute.