Procedure for Policy 1.6 Policy on Non-Academic Misconduct - Judicial Committee - Terms of Reference
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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:
Previous Reviews:
1. Function
1.1. The Judicial Committee of the University of Guelph (hereafter the “Committee”) is a standing subcommittee of the Committee on Student Rights and Responsibilities (“SR&R”), an advisory body to the Board of Governors.
1.2. These Terms of Reference apply to the judicial process at the main campus of the University of Guelph. Regional Campuses have their own Terms of Reference and Rules of Procedure.
1.3. The Committee has two basic functions:
1.3.1. to judge cases of student conduct alleged to be an infraction of the Policy on Non-Academic Misconduct (“Policy”);
1.3.2. to make recommendations to SR&R regarding the Policy, these procedures and trends in the matters being heard by the Committee.
2. Membership
2.1. A roster of members shall be established to hear matters under the Policy with membership appointed as follows subject to approval by SR&R:
2.2. Two student representatives will be nominated by each of the following student organizations from their members:
2.2.1. Each of the College governments
2.2.2. Interhall Council
2.2.3. Graduate Students’ Association and
2.2.4. Central Student Association
2.3. The term for any student representative shall be one year.
2.4. Two faculty or staff representative will be appointed by each of the Colleges. The term of appointment for any faculty or staff representative shall be two years and may be renewed for two consecutive terms;
2.5. The Chair will be elected by the Committee and shall serve for a term of one year and may be renewed for two consecutive terms;
2.6. Two Vice-Chairs will be elected by the Committee to serve in the absence of the Chair or as otherwise directed. The Vice-Chairs shall serve for a term of one year and may be renewed for two consecutive terms.
2.7. Members are expected to put the interests of the University in its entirety ahead of the interests of any special group.
2.8. Membership terms run from September to the end of August.
2.9. When deemed necessary by the Chair of the Committee, in order to satisfy quorum for a hearing, current or past members of the Committee or the Senate Committee on Student Petitions may be asked to participate in a specific hearing. If, for a particular hearing neither the Chair nor Vice- Chairs are available, the Committee may elect a member of the Committee to chair the particular hearing.
2.10. The Judicial Officer acts as resource person for the judicial process. Where the matter to be heard by the Committee involves human rights allegations, a representative from the Office of Diversity and Human Rights may also attend the hearing as a resource person. Where there are reasonable grounds to believe that the matter to be heard by the Committee involves behaviour related to a health challenge a representative from Student Wellness Services may also attend the hearing as a resource person. Resource persons do not have voting privileges.
3. Quorum
3.1. Quorum for a judicial hearing shall be a minimum of three members and shall include at least:
3.1.1. the Chair or Vice-Chair or designate
3.1.2. one faculty or staff representative and
3.1.3. one student representative.
3.2. For any particular hearing, the Chair may decide that five individuals are needed rather than three.
3.3. If quorum is lost at any time during the hearing, the hearing may be adjourned until the next appropriate date when the same members comprising the original quorum are present, unless all parties and the committee agree to continue without quorum.
4. Voting
4.1. Decisions will be made by majority vote.
4.2. Members may not abstain from voting.
4.3. The Chair has voting privileges.
5. Responsibilities of the Judicial Office
5.1. Administrative matters including the organizing and scheduling of hearings and administrative support throughout the hearing and deliberations shall be the responsibility of Student Judicial Services. Student Judicial Services shall be responsible for informing the student of the decision and ensuring the implementation of the decision of the Committee as well as maintaining the records. Student Judicial Services will prepare an Annual Report for presentation to the Student Rights and Responsibilities Committee.
5.2. Student Judicial Services shall undertake the training of the Committee in regards to the Committee’s role in the hearing process.
6. Power to Review
6.1. The Committee may, upon receipt of new information not available at the time of the hearing, review all or part of its own decision or order, and may confirm, vary, suspend, or cancel the decision or order.
7. Appeals
7.1. Students have the right to appeal a decision of the Committee to the Appeals Committee. Information regarding appeals can be found in the Appeals Committee Terms of Reference and Rules of Procedure.