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Code of Student Community Standards Policy – May 20, 2022

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THE

CODE

STUDENT

COMMUNITY

STANDARDS

Policy Type:

Academic

Initially

Approved:

May 20, 2022

Policy Sponsor:

Vice-President,

Students

Last

Revised:

Primary Contact:

Executive

Director, Student

Affairs

Review

Scheduled: May 20, 2027

Approver:

General Faculties Council

OVERVIEW

The University is committed to fostering a safe, inclusive and supportive learning, working and living

environment. All members share responsibility for maintaining a community of mutual respect and

civility. The General Faculties Council Student Affairs Committee is responsible for the oversight of

this policy and associated procedures.

The University values the rights and responsibilities of our community members provided by law or

regulation. This policy reinforces these rights and sets out the University’s expectation that students

act with a high level of responsibility in order to preserve a safe, respectful and inclusive community.

By enrolling, students accept and acknowledge their rights and responsibilities within this policy

document

PURPOSE

The Code of Student Community Standards (Code) is intended to outline and communicate the

standards of respectful and responsible non-academic student behaviour and outline a process to

resolve harmful behaviours using a fair and education focused process.

Community members are encouraged to reach agreement with each other using

informal/alternative resolution pathways, when possible. The University will strive to honour the

ways in which our diverse population address and resolve harmful behaviours and will collaborate

in doing so.

SCOPE

The Code applies to non-academic behaviours of a Student, whether in-person, virtual, or online

and occurs;

● on University premises; or

● involves University related property or activity such as but not limited to, classes, events,

field schools, practicum placements, research, exchanges, conferences, or Student

Association activities;

Code of Student Community Standards Policy – May 20, 2022

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● occurs off campus whereby the behaviour has substantial connection to, or adverse

impact on, University operations or a member of the University’s ability to reasonably

participate in University related programs, activities, or employment.

To maintain a safe community and a fair process, the University may in certain cases be required

to take action such as: report to law enforcement agencies, use Interim Measures, assign a third-

party Investigator, and/or delay an internal investigation. The outcome of any criminal or civil

proceeding does not inform the application of the Code.

POLICY STATEMENT

The Code relates to the behaviours of Students within University related activities and seeks to

ensure the personal safety and wellbeing of all members of the University Community. The goal is

to create a supportive learning environment, prevent disruptive or harmful behaviours, protect the

safety and reputation of the University and individual community members, and to respond to

situations that adversely impact the above.

1. RIGHTS AND RESPONSIBILITIES

1.1.

Members of the University Community have the right and responsibility to;
a. familiarize and uphold the core values of the institution and conduct

themselves in a manner that represents these shared community values;

b. engage in respectful civil discourse and to express their opinions and beliefs

as outlined within the Expression and Free Speech Policy;

c. have this Code adhered to and to make a complaint under this Code without

fear of reprisal or retaliation;

d. be provided reasonable accommodation to the Code process, as determined

by the University’s Human Rights Policy;

e. protect the privacy of personal information consistent with existing legislation

and policy;

f. confidentially consult with representatives of the Office of Student Community

Standards (OSCS) regarding the Code, investigation process, resolutions, and

available services and supports;

g. seek assistance from a University Official and/or medical professional for

themselves or for community members who are in distress without necessarily

being subject to discipline;

h. meet with a representative of the institution, free of judgement, to access

guidance and support regarding the Code process. The University will strive

to respond with a Trauma-Informed Practice to Reports and in a timely manner

that encourages the development of all Students, while protecting and acting

in the best interests of the University Community.

1.2.

Students have the right and responsibility to;
a. familiarize themselves with the Code and conduct themselves in a manner that

is consistent with the Code;

b. a fair process that maintains the principles of procedural fairness, including; a

process free from bias, the ability to respond to the allegation(s), the reason(s)

for a decision, and the right to appeal a decision;

c. seek guidance and support from trusted sources such as a Student

Association Advocate, University Officials, Elders, or personal supports;

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d. have a Support Person present at any stage of the process;

e. make inquiries, register a complaint, or seek support through other internal or

external administrative processes.

2. NON-ACADEMIC MISCONDUCT AND HARMFUL BEHAVIOURS

2.1.

Non-academic Misconduct is behaviours, whether actual, attempted, or assistance

provided to another, that are reasonably understood to have an adverse effect on

the integrity and proper functioning of the University; or the health, safety, or the

rights of the members of the University Community. Ignorance, anger or

substance use will not be accepted as a reasonable rationale for engaging in

harmful behaviour.

2.2.

The following is a non-exhaustive list of behaviours considered to be Non-

academic Misconduct.

Harm to Community Members; by word or by action behaviour that can

reasonably be understood to cause others to be fearful, injured, or have

concern for their wellbeing or dignity and/or that impedes others from

participating in University activities or practices such as:

Impacting others with unwelcome or persistent conduct, whether

written or electronic, that would be reasonably known to be

unwelcome, cause harm, intimidation, bullying, coercion, or retaliation;

ii.

Impacting others from engaging in activities or performing University

duties such as disrupting a learning environment or activity;

iii.

Failing to reasonably prevent or intervene when witness to a harmful

act;

iv.

Obtaining, using, or distributing information or media of others, in any

format, without consent that would knowingly cause harm, distress or

breach of an individual(s)’s reasonable expectation of privacy;

Harming, injuring, threatening to harm, or creating a dangerous

environment impacting the health and safety of others;

vi.

Limiting a person’s right to express their opinions and beliefs in a

respectful and civil manner;

vii.

Participating in acts of hazing or initiation whether consensual or not.

Misconduct Involving Property; behaviour that involves the misuse,

destruction, alteration, or damage of University property, resources,

technology and information technology platforms such as;

Accessing, entering, or use of an unauthorized/restricted area or

equipment;

ii.

Damaging, defacing, destroying, altering, or removing University

property;

iii.

Taking property or use of, and/or possession of property or material

known to be stolen or taken from another without consent;

iv.

Accessing, installing or using malicious processes or software

programs to gain information, interrupt services, or disrupt information

technology accounts, platforms or resources;

Interfering, obstructing, or tampering with any life saving equipment or

emergency procedures.

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Misrepresentation or Misuse of Information; behaviour that involves the

misrepresentation of a person, process, or service such as;

Misrepresenting yourself or others within an institutional process or

activity;

ii.

Fabricating, duplicating, or submitting false, incomplete, misleading,

or altered identification and/or information in an attempt to gain an

advantage;

iii.

Failing to comply with the directions or provide identifying information

when asked by a University Official operating within the scope of their

role.

Regulated and Illegal Substance use; behaviour that does not comply with

the laws or institutional expectations involving controlled substances such as

alcohol and cannabis, and/or illegal substances such as;

Failing to comply with the provincial regulations around the use,

possession, and consumption of alcohol, tobacco, or cannabis;

ii.

Being impaired by a regulated substance in a manner that creates

disruption, risk, or harm to self or others;

iii.

Failing to adhere with provincial regulations around the use,

possession, and/or distribution of illegal substances including

narcotics or prescribed drugs not prescribed to the person in

possession of these drugs.

Breach of safety standards; behaviours that are willfully unsafe in or out of

an academic setting (i.e. shop, laboratory, worksite) that contravenes

applicable safety procedures or institutional or provincial health and safety

requirements.

Weapons, explosives; the possession, use, or storing of items such as

firearms, weapons, explosives, or chemicals including swords, ammunition,

fireworks, replica weapons, knives, or wielding an object in a threatening

manner.

Violation of University Policies; behaviour that violates any University

policy, rule, or regulation including but not limited to:

Human Rights Policy;

ii.

Sexual Violence Response Policy;

iii.

Smoking Policy;

iv.

Workplace Violence and Harassment Prevention Policy

Misuse of Policies or Processes; behaviours, including facilitating or

encouraging others to, interfere with the administration of University policies,

procedures, or rules such as:

Falsifying, distorting or misrepresenting information involved within a

process;

ii.

Disrupting or impacting the proper participation of administrative

processes;

iii.

Failure to comply with directions, decisions, or outcomes associated

with University policies;

iv.

Making, or conspiring to make, vexatious, frivolous, or malicious

complaints under University policies or processes.

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Contravention of other Laws; behaviours that contravene federal,

provincial, or municipal statute, bylaw, regulation, or other laws such as

participating in activities associated with gambling or failing to comply with law

enforcement officers.

3. REPORTING

3.1.

When someone is aware of a situation involving suspected violations of the Code

should be reported to the Office of Student Community Standards (OSCS) as soon

as possible following the occurrence of the behaviours. Any incidents involving

imminent risk or harm are to be reported immediately to Security Services. The

OSCS is responsible for reviewing and determining the appropriate process as

outlined within the Code of Student Community Standards Procedures and other

University policies. To minimize the risk of harm, Security Services or designate

may serve as a Complainant for Reports that involve immediate or ongoing risk to

the University or an individual.

3.2.

The University recognizes that the health and wellbeing of all University

Community members is paramount to the realization of the University’s mission

and mandate and that some Student behaviours require response with relevant

health and wellness measures. The multi-disciplinary Student Support and

Response Team (SSRT) (Student Support and Response Team Procedures) is

responsible for reviewing, assessing, and responding in a non-disciplinary manner

to support the health and wellbeing of Students and those impacted by the

situation. The team will determine appropriate ways to support the Student’s

learning, provide access to health and wellbeing services and address any

potential risk or harms to the Student, University Community, or others.

3.3.

Reports made through the Code may be referred to the SSRT if deemed

appropriate. A Report being reviewed by the SSRT does not preclude any actions

being taken by the Code.

4. MULTIPLE PROCEEDINGS

4.1.

Students may have multiple relationships with the University, (such as student

employee, athlete, resident, or work practicum) and/or their actions may intersect

more than one University policy, or external law or regulation. In such instances,

those responsible for the respective policies or regulations will jointly determine

the application of applicable policies and the appropriate process to be applied and

in what order.

5. INTERIM MEASURES

5.1.

Any Report that includes an immediate, ongoing, or possible risk to others or the

University will be reviewed by OSCS and Security Services to determine if and

what Interim Measures are necessary. Interim measures are taken to protect the

safety and/or wellbeing of the University Community, including the Respondent.

Such measures are preliminary in nature, non-disciplinary, and do not imply the

individual(s) has violated the Code. Any Interim Measure applied will be reviewed

every seven (7) days and renewed if necessary pending the decision from the

Code investigation. Interim Measures may include, but are not limited to:

a. a requirement not to contact specific person(s);

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b.  limited access to spaces, programs, software, or services;
c.  a requirement to communicate with a University Official;
d.  temporary removal from University properties or activities.

5.2.

Failure to comply with an Interim Measure constitutes a violation of the Code.

6. RESPONDING TO REPORTS OF NON-ACADEMIC MISCONDUCT OR HARMFUL

BEHAVIOURS

6.1.

After submitting a Report, a representative from the OSCS will be assigned to

review the information, determine if the Code applies, identify a Complainant,

assess their willingness to participate in a process, and decide how to engage the

Code of Student Community Standards Procedures.

7. INVESTIGATIONS

7.1.

If the OSCS determines that the Code applies to the Report, they will assign an

appropriately trained Investigator. The Respondent will be notified of the

investigation and provided an opportunity to respond. The investigation process

includes but is not limited to the interviewing of Witnesses or individuals with

relevant knowledge, the gathering and reviewing of materials and documents, and

consulting appropriate policies or procedures. The findings of the investigation will

be summarized in an Investigation Findings Report and used in determining a

finding of responsibility and, if warranted, the appropriate resolution(s).

7.2.

All Students engaged in the process can include a Support Person at all stages

and are encouraged to seek guidance and support from trusted sources such as

a Student Association Advocate, University Officials, Elders, or personal support.

8. DECISION MAKER AND RESOLUTIONS

8.1.

Once the investigation is complete, the assigned Decision Maker will determine

whether a violation of this Code occurred.

8.2.

When the Respondent takes responsibility for their behaviour(s) and/or where

there was limited harm caused by the behaviours, may be resolved by an OSCS

representative or designate who will serve as the Decision Maker. The OSCS will

work with the Respondent to assign appropriate resolutions below in a manner that

amends the harm caused to the Complainant and/or the University Community.

Misconduct resolved in this manner may assign one or more of the following

resolutions:

Warning; a written notice outlining a breach and the need for behaviour to

change;

Apology; a written or video message acknowledging responsibility and

outlining corrective action

;

Agreement; a mutually agreeable, written, resolution, signed by all relevant

parties, outlining an action plan with set parameters and resources to support

continued participation in the University Community

;

Restitution; compensation, monetary or material replacement, for damage to

property

;

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Educational Action; participation in an opportunity to enhance learning such

as a workshop, training, community service, reflective exercise, project, or

other form of learning;

Assessment of Employment; a recommendation to the Human Resources

Department to review a student employee’s contract based on the intersection

and impact of behaviour with the nature of the student’s employment;

Restorative Actions; mutually agreeable resolution process for the

Complainant, Respondent, and others;

Referral; the recommendation to attend, participate, or complete a service or

training;

Restricted Access; a restriction limiting an individual’s access to an area,

service or experience associated with the University other than scheduled

academic activities;

Loss of Privileges; loss of eligibility to attend, participate, or membership to

a club, team, organization, or activity for an expressed period of time, including

relocation or eviction from student housing;

No Contact Order; a requirement to have no contact with an individual(s),

whether direct or indirect, either virtual or in person for a specified time period.

8.3.

If a Student has been found to be responsible for a violation of this Code that had

a significant impact or repeated harm to the University Community or the

Investigator is unable to resolve the behaviour, the Executive Director of Student

Affairs will serve as the Decision Maker may resolve the Report with the

implementation of one or more of the above resolutions and/or one or more of the

following resolutions:

8.4.

Cases whereby the Investigator is unable to resolve the incident and/or where the

behaviours caused significant or repeated harm to the University Community, the

Executive Director of Student Affairs or designate will serve as the Decision Maker

and may resolve the Misconduct by assign one of more of the above resolutions

and/or one or more of the following resolutions;

Course(s) Deregistration; being withdrawn from a single or multiple courses

at the University which may include a partial or total loss of fees and/or grade;

Program Deregistration; being withdrawn from a University program which

may include a partial or total loss of fees and/or grades;

Removal of a University Appointment; loss of eligibility to have or continue

to have University appointments such as employment, varsity status, or an

internal University based award, scholarship, or bursary;

Suspension; a temporary prohibition of enrollment, of up to three (3) years,

which may include a loss of student privileges. Suspensions may result in a

notation on a student’s transcripts for the duration of the suspension.

Suspensions may include a partial or total loss of fees and funds and

associated grades and may include conditions associated with the

return to

the University;

Expulsion; a permanent prohibition of enrollment which includes a complete

loss of student privileges. Expulsions may result in a notation on a student’s

transcripts for up to five (5) years. After the required time has elapsed, an

expelled student may apply to the Student Appeal Committee for the removal

of the notation on the transcript.

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9. APPEALS

9.1.

A Student

who has been found responsible for a breach of the Code may request

an appeal of the decision to the Student Appeal Committee as outlined in the

Student Appeal Policy and Procedures.

10. RECORDS AND REPORTING

10.1.

All documents and records collected as a result of these policies and procedures

will be maintained in compliance with the University’s Records Policy and the

Alberta Freedom of Information and Protection of Privacy Act. The OSCS is

responsible for maintaining all records separate from a student’s academic record.

The OSCS will prepare an annual statistical report of all misconduct addressed

according to the Code for the General Faculties Council – Student Affairs

Committee. This report shall be anonymized and ensure no identifying information

is included.

DEFINITIONS

(1)

Code:

means the Code of Student Community Standards.

(2)

Complainant:

means the person or harmed party, who brings forward

information that a violation of a policy may have occurred.

(3)

Decision Maker:

means the person responsible for determining whether or not a

violation of a policy has occurred and assigns a resolution.

(4)

Investigator:

means the individual, either internal or external to the

University, responsible for collecting the facts of a Report.

(5)

Investigation Findings

Report:

a document prepared by the Investigator that outlines details

regarding the investigation of a Report including the details of

the investigation, statement of facts, and finding.

(6)

Report:

a statement to the University seeking recourse pursuant to the

violation of this policy.

(7)

Respondent:

means the individual alleged to have caused harm and violated

this policy.

(8)

Student:

means someone who has applied to a full-time, part-time, credit

or non-credit program or course offered through the University.

(9)

Support Person:

an individual, unrelated to the Report/incident, who can attend

meetings with a Respondent or Complainant throughout the

course of an investigation or appeal to provide personal

support but may not speak on their behalf.

(10)

Trauma-Informed

Practice:

means an approach for engaging with Individuals that involves

understanding and recognizing the presence of trauma

symptoms and the impact of trauma on the individual.

(11)

University:

means Mount Royal University.

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(12)

University Community:

includes Students, Employees, the Board of Governors,

Contractors, Volunteers and Visitors to the University.

(13)

University Official:

a person acting in the capacity as outlined by their employment

at the University.

(14)

Witness(es):

means an individual who was present, either immediately

before, during, or after an incident who may have information

regarding the Report/incident.

RELATED POLICIES

●

Academic Accommodation for Students Experiencing Disabilities Policy

●

Acceptable Use of Computing and Communication Resources Policy

●

Code of Conduct – Employees Policy

●

Expression and Free Speech Policy

●

Human Rights Policy

●

Sexual Violence Response Policy

●

Smoking Policy

●

Student Appeal Policy

●

Universal Access Policy

●

Workplace Violence and Harassment Prevention Policy

RELATED LEGISLATION

● Alberta Freedom of Information and Protection of Privacy Act

● Alberta Health Information Act

● Alberta Human Rights Act

● Alberta Occupational Health and Safety Act

● Alberta Post Secondary Learning Act

● Canadian Charter of Rights and Freedoms

● Gaming, Liquor and Cannabis Act of Alberta

RELATED DOCUMENTS

●

Report Form

REVISION HISTORY

Date

(mm/dd/yyyy)

Description of

Change

Sections

Person who

Entered Revision

(Position Title)

Person who

Authorized

Revision

(Position Title)