Mission Statement of Concordia University

Concordia is an urban university which is responsive to the needs of a diverse student population as well as to the bilingual and multicultural environment in which it resides. It is a welcoming community where values of equality, non-discrimination and tolerance of diversity are appreciated and actively promoted. Furthermore, Concordia is committed to responsible and innovative leadership in fulfilling the mission of universities to develop and disseminate knowledge and values and to act as a social critic. The University seeks to achieve this end by offering its students inclusive and accessible academic programs which stress a broad-based, interdisciplinary approach to learning, by fostering an environment of academic and pedagogical freedom, as well as by a dedication to superior teaching supported by the best possible research, scholarship, creative activity and service to society. Through these means, the University prepares its graduates, at all levels, to live as informed and responsibly critical citizens who are committed to learning and to the spirit of enquiry.

SECTION I. STATEMENT OF PRINCIPLES

1. Rights

The Code of Rights and Responsibilities is to be applied in such a way as to respect the following basic principles:

1.1 All faculty members, administrative and support staff, members of the administration and students of Concordia University may reasonably expect to pursue their work and studies in a safe and civil environment; therefore neither Concordia University nor its faculty members nor its administrative and support staff nor the members of its administration nor its students shall condone any conduct which adversely affects the pursuit of works and studies in a safe and civil environment.

1.2 Everyone has the fundamental freedom of conscience and religion; freedom of thought, belief, opinion and expression; freedom of peaceful assembly and freedom of association; the whole subject to the limits recognized by law.

2. Academic Freedom

This Code is not to be applied in such a way as to detract from the right of faculty members, administrative and support staff, members of the administration and students to engage in the frank discussion of potentially controversial matters, such as race, sex, sexual orientation, gender identity, politics or religion. Furthermore, this Code shall not be interpreted in such a way as to limit the use of legitimate instructional techniques, such as irony, argument, conjecture and refutation, or the assignment of readings, which may present a controversial point of view. This Code also recognizes the right to teach, within the bounds of the course calendar description and requirements of competency, and to conduct research and to engage in creative activity according to one’s best judgment.

3. Responsibilities

All faculty members, administrative and support staff, members of the administration and students are expected to refrain from violating this Code. Members of the University who have supervisory authority over others bear a particular responsibility to act in a timely and effective manner when they become aware of any violation of this Code.

4. Assistance from the Office of Rights and Responsibilities

This Code establishes the Office of Rights and Responsibilities whose mandate is to assist Members of the University in resolving incidents involving an alleged violation of this Code in an effective and constructive manner. Such assistance is available both to individuals who believe that they have been subjected to conduct that violates this Code and to those with supervisory authority who are called upon to respond to incidents of such conduct. The operations of the Office of Rights and Responsibilities are directed by the Advisor, as set forth under Section IX.

5. Complaints Subject to a Range of Responses

In keeping with its desire to settle conflicts in an effective and constructive manner, the University and its faculty members, administrative and support staff, members of its administration and students shall endeavour to seek an appropriate response to any alleged violations of this Code, ranging from the use of alternate methods of conflict resolution to formal procedures for adjudicating complaints. If a violation of this Code has occurred, every attempt shall be made to use remedies and sanctions that restore harmony, collegiality and cooperation between Members of the University.

6. Fairness and Consistency

Complaints made under this Code shall be adjudicated in a manner that is consistent with the principles of natural justice and fair for all parties to the complaint, regardless of constituency. The principles of natural justice may be defined broadly as the right to be heard, the obligation to hear the other side and decisions made untainted of bias.

7. Management Rights

This Code is not to be applied in such a way as to detract from the right and duty of those with supervisory authority to manage and, if necessary, to discipline, faculty, administrative and support staff, members of the administration and students in accordance with collective agreements and University policies and procedures.

8. Union Rights

This Code is not to be applied in such a way as to detract from the rights of unions to defend the interests of their members and to exercise their rights under a collective agreement.

9. Recourse at Law

This Code does not detract from the right of Members of the University to seek recourse at law.

10. Code Does Not Supersede Other Policies or Agreements

Nothing in this Code shall replace or supersede any complaint, grievance or appeal procedure set out in any collective agreement to which Concordia University is a party, the Code of Conduct (Academic), the University Calendars or the Official University Policies.

11. Informing the Community

The Office of Rights and Responsibilities shall inform all Members of the University of the provisions of this Code and the services provided by the Advisor.

SECTION II. INTERPRETATION

12. Definitions

In the present Code (and only for purposes of this Code), the following terms shall have the meanings specified in this Section II:

12.1 “Advisor” means the Advisor on Rights and Responsibilities as appointed by the President in accordance with Section IX of the present Code.

12.2 “Appeals Panel” means the Appeals Panel selected in accordance with sub-article 29.8 of the present Code.

12.3 “Authority” has the meaning ascribed thereto in sub-article 32.4.

12.4 “Chair” means the Chair of the Hearing Panel or the Appeals Panel, as the case may be.

12.5 “Days” means working days, which excludes weekends, holidays and other days during which the University is closed.

12.6 “Disciplinary Officers” has the meaning ascribed thereto in article 36.

12.7 “Discrimination” means treatment which:

1. has the effect or purpose of imposing burdens, obligations or disadvantages on Members or groups of Members; and
2. for which there is no bona fide and reasonable justification; and
3. when such treatment is based on one of the prohibited grounds specified in the Québec Charter of Human Rights and Freedoms, that is; race, colour, ethnic or national origin, sex, gender identity, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, social condition, handicap or the use of a means to palliate a handicap.

12.8 “Dismissal” or “to Dismiss” from the University means the termination of all a person’s rights and privileges as a student at the University (including the right to enter and be on University property) in respect of which no application for re-admission by the person will be entertained by the University until after a period of two (2) years from the dismissal, or such other lesser period as the President, the Acting-Rector or the Hearing Panel may determine. Dismissal shall be recorded on the academic transcript as follows: “Required to withdraw. May not apply for re-admission until (date)”. At the date permitted for application for re-admission the notation shall be removed from the transcript but shall continue to be maintained in the confidential files of the Dean of Students.

12.9 “Expulsion” or “to Expel” from the University means the termination of all a person’s rights and privileges as a student at the University (including the right to enter and be on University property) in respect of which the University will not entertain any application from that person for re-admission. Expulsion shall be recorded in the academic transcript as follows: “Required to withdraw. May not apply for re-admission”.

12.10 “Harassment” means:

1. unwelcome, vexatious conduct, directed towards a Member or group of Members; and
2. which may or may not be based upon one of the prohibited grounds specified in sub-article 12.7 c.; and
3. when such conduct has the effect or purpose of unreasonably interfering with a Member’s work or academic, athletic or artistic performance or of creating an intimidating or hostile environment for work or study.

12.11 “Hearing Panel” means the Hearing Panel selected in accordance with article 25 of the present Code.

12.12 “Members” or “Members of the University” means faculty members, administrative and support staff, members of the administration and students of Concordia University.

12.13 “Offences against property” means wilfully or recklessly taking, having unauthorized possession of, damaging or destroying any property belonging:

1. to the University; or
2. to any Member or group of Members when such property is on University premises or on other premises during the course of a University-sponsored activity or event.

12.14 “Office of Rights and Responsibilities” has the meaning ascribed thereto in article 4.

12.15 “Protocol on the Co-ordination of Urgent Cases of Threatening or Violent Conduct” means the Protocol attached hereto as Appendix A, as it may be amended from time to time by the Secretary-General.

12.16 “Secretary” means the Secretary of the Code of Rights and Responsibilities Hearing Panels or the Secretary of the Code of Rights and Responsibilities Appeals Panels, as the case may be, as appointed by the Secretary-General in accordance with article 24.

12.17 “Secretary-General” means the University’s Secretary-General.

12.18 “Security Department” means the University’s security department.

12.19 “Sexual harassment” means conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats of a sexual nature, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome and repeated innuendoes or taunting about a Member’s body or appearance when:

1. submission to such conduct is made, whether explicitly or implicitly, a term or condition of a Member’s employment or educational progress; or
2. submission to or rejection of such conduct is used as the basis for an employment or academic decision affecting that Member; or,
3. such conduct has the effect or purpose of unreasonably interfering with a Member’s work or academic, athletic or artistic performance or of creating an intimidating or hostile environment for work or study.

12.20 “Student” means any person registered in an undergraduate or graduate degree or Certificate program of the University on a full-time or part-time basis; however such person is considered a “student” for purposes of this Code only during the period terminating upon the earlier of the following dates whereupon such person shall be deemed to be a visitor for purposes of this Code:

1. the date on which such person’s degree or certificate is conferred;
2. three consecutive semesters after such person was last registered in at least one (1) course; or
3. the end of the semester during which such person is declared in failed status and is no longer entitled to register in any course at the University.

The term “student” also includes: (a) any person who is registered as an “independent student” at the University; however such person is deemed a “student” for purposes of this Code only during the semester in which the person is registered in at least one course at the University and during the immediately following semester whereupon such person shall be deemed to be a visitor for purposes of this Code; and (b) any person registered as a “student” at another university who has written approval from such person’s home university to take courses at Concordia University; however such person shall be deemed a “student” only during the semester during which the person is registered in at least one course at the University, whereafter such person shall be deemed to be a visitor for purposes of this Code.

For purposes of the Code, the three semesters shall be the fall semester (from September 1 to December 31 inclusive), the winter semester (from January 1 to the last day of the winter semester exam period inclusive) and the summer semester (from the first day following the termination of the winter semester to August 31 inclusive).

12.21 “Suspension” or “to Suspend” means the withdrawal of such University privileges as are specified by the President, the Acting-Rector or the Hearing Panel. If no particular privileges are specified, “Suspension” shall entail the withdrawal of all University privileges, including the right to write examinations and the right to enter and be upon University property, in which case the student, during such suspension, may only come upon University property for a specified purpose, previously authorized in writing by a Disciplinary Officer. Suspension shall be recorded on the academic transcript as follows: “Required to withdraw. May not resume studies until (date)”. At the date for resumption of studies, the notation shall be removed from the transcript but shall continue to be maintained in the confidential files of the Dean of Students.

12.22 “Threatening or violent conduct” means:

1. assaulting another Member; or
2. threatening another Member or group of Members with bodily harm or causing another Member or group of Members to have reasonable grounds to fear bodily harm; or
3. creating, or threatening to create, a condition, which unnecessarily endangers or threatens the health, safety or well- being of another Member or group of Members or threatens the damage or destruction of property.

12.23 “Tribunal Hearing Pools” means the tribunal pools created in accordance with the Policy on the Establishment of Tribunal Hearing Pools.

12.24 “University” means, unless the context warrants otherwise, Concordia University and any of the University’s constituent entities, and any person acting in his or her capacity as a representative of the University or any of its constituent entities.

13. Ambiguities

Wherever there is doubt or ambiguity regarding any provision of this Code or the procedure to be followed, that interpretation or procedure which appears to be most equitable and consistent with the general purposes and philosophy of this Code shall be adopted. Except for those terms specifically defined in this Code, the terms used shall have their usual meanings.

SECTION III. JURISDICTION

14. Code Applies to All Members of the University

This Code applies to all Members of the University.

15. Jurisdiction

Complaints with respect to a violation of this Code may be made by Members of the University in relation to the conduct of other Members where the complainant is directly affected by the conduct in question. As well, the University, through its designated officers, may make a complaint on its own behalf. The alleged violation must have taken place on University premises, either rented or owned, or on other premises, in the course of any University-sponsored activity or event.

Exceptionally, complaints may be made regarding an alleged violation that has taken place at another location, where the potential consequences of the violation may adversely affect the complainant’s course of work or study at the University.

16. Complaints Against Former Students

For the purpose of disciplinary review of a student’s conduct, the student need only have been a student at the time of the alleged offence. If any proceedings under this Code cannot be initiated or completed because a student against whom a complaint has been filed has graduated or ceases to be registered, the proceedings shall continue if the student registers again for a new program or if the alleged offence, if proven, would impugn the validity of the degree conferred.

If a complaint has been upheld against a student who later graduates or ceases to be registered prior to the fulfillment of the sanction imposed, a notation shall be made in the graduate’s or former student’s record stating that he or she has been sanctioned under the Code and cannot return to the University until such time that he or she has fulfilled the sanction imposed.

17. Contractors their Employees and Visitors

Contractors, their employees and representatives, and visitors to the University as well as any other persons associated with or taking courses at the University or on University premises are expected, while on University Premises or present in any University related activity, to conduct themselves in a manner consistent with this Code. Violations of this Code by such persons other than Members of the University may be dealt with, where applicable, as potential breaches of contract and, in addition thereto, the President and any other person designated by the President may exclude each such person from any University premises and take any other steps that may be appropriate. Should such persons believe that they have been subjected to conduct on campus in violation of this Code, they may consult the Office of Rights and Responsibilities for advice.

SECTION IV. OFFENCES PROHIBITED UNDER THIS CODE

18. Offences

The following constitute conduct injurious to the pursuit of work and studies in a safe and civil environment and are prohibited under this Code:

18.1 Discrimination, as defined in sub-article 12.7;

18.2 The distribution, communication, publication or public exhibition by any means of any matter deemed to be discriminatory or to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination, as contemplated under the Québec Charter of Human Rights or under the Canadian Human Rights Act, and for which there is no bona fide and reasonable justification;

18.3 Harassment, as defined in sub-article 12.10;

18.4 Sexual harassment, as defined in sub-article 12.19;

18.5 Threatening or violent conduct, as defined in sub-article 12.22;

18.6 Offences against property, as defined in sub-article 12.13;

18.7 Knowingly furnishing false information or knowingly reporting a false emergency to any University official, faculty member or office;

18.8.1 Maliciously activating fire alarms;

18.8.2 Bomb threats;

18.8.3 Theft or abuse of computing facilities or computer time, including but not limited to: unauthorized entry into a file to copy, use, read, or change its contents; unauthorized transfer of a file; unauthorized use of another individual’s identification or password; use of computing facilities to interfere with the work of another student, faculty member, or University official; deliberately introducing a virus in the computer network; or use of computing facilities to interfere with a University computing system;

18.8.4 Unauthorized entry into any University property;

18.8.5 Obstruction or disruption of teaching, research, administration, study, student disciplinary procedures or other University activity (not to be construed in such a way as to prohibit peaceful assemblies and demonstrations and lawful picketing);

18.8.6 Camping or lodging on University property other than in authorized facilities;

18.9 Forging or, without authority, knowingly altering, using, receiving or possessing University supplies or documents (including without limitation, records, keys, electronic devices or identifications);

18.10 Hazing or any method of pre-initiation or initiation into a student organization or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm;

18.11 Unlawful manufacture, distribution, possession, use, sale or the attempted manufacture, distribution, or sale of controlled substances;

18.12 Possession, use, threatened use, storage, or manufacture of explosives, firebombs, or other destructive devices;

18.13 Possession, use, threatened use, or manufacture of firearms, ammunition, dangerous chemicals or other weapons, except as expressly authorized by law or University regulations;

18.14 Unauthorized use or duplication of the University’s name, trademarks, logos or seals; and

18.15 Any other action that is not specifically described in this Section IV but which is an offence described in any federal, provincial or municipal law or regulation, which occurs in the University context, and which can reasonably be said to adversely affect the pursuit of works or studies in a safe and civil environment, or the safety and security of a Member or a group of Members of the University.

SECTION V. INFORMAL RESOLUTION OF COMPLAINTS

19. Consultation with the Advisor on Rights and Responsibilities

19.1 The Advisor on Rights and Responsibilities shall be impartial in the exercise of his or her functions, and shall respect the confidentiality of all parties to any matter in which the Advisor has been requested to assist.

19.2 Members of the University who believe that they have been subjected to conduct that violates this Code may consult the Advisor. The primary goal of the consultation is that the complainant be assisted in making an informed choice as to the most appropriate method of resolution to a complaint or conflict.

19.3 Normally, a complaint should be filed with the Advisor within two (2) months of the alleged violation. This period may be extended at the discretion of the Advisor when, in the opinion of the Advisor, there are serious and compelling reasons to grant such an extension. If the person against whom the complaint is made (the respondent) is a member of a union, the Advisor shall inform the complainant of any delays regarding disciplinary procedures which may be prescribed in the respondent’s collective agreement.

19.4 The Advisor may, upon written notice to the complainant, refuse to assist in informal resolution or to proceed with a formal complaint, on one or more of the following grounds, (to be set forth in the written notice) in which case the complainant, if he or she is a student, shall have the recourse set forth in sub-article 19.5:

1. is not within the jurisdiction of this Code, in which case the Advisor shall, if appropriate, re-direct the complainant to the relevant channels for redress; or
2. is trivial, frivolous, vexatious or made in bad faith; or
3. is being heard, or has already been heard by another University officer, or through another University procedure; or
4. does not appear to be supported by sufficient evidence.

19.5 If the Advisor has refused to proceed with a formal complaint, the complainant may appeal such a refusal within ten (10) Days of receipt of the Advisor’s notice contemplated under sub-article 19.4, by submitting a request in writing to the Advisor and the Secretary. A Hearing Panel shall be convened as soon as possible after receipt of the notification by the Secretary and normally within ten (10) Days. Once a hearing date is fixed by the Secretary, each of the complainant and the Advisor shall deliver written submissions to the Secretary at least two (2) Days prior to the date fixed for the hearing. The Hearing Panel shall render its reasoned decision based on such written submissions. The Secretary shall advise each of the complainant and the Advisor with the names of the panelists no later than five (5) Days before the hearing. The provisions of sub-article 26.8 shall apply, except that a reasoned objection to the participation of a panelist on the grounds of potential bias shall be filed no later than three (3) Days before the hearing. The decision of the Hearing Panel is final.

19.6 If the Advisor does not make a determination under sub-article 19.4, the complainant shall decide upon one of the following courses of action:

1. to proceed with informal conflict resolution under article 20 or 21; or
2. to proceed with a formal process under Section VI or Section VII; or
3. to take no further action; or
4. to pursue any other course of action available at law, under a collective agreement or under any other University policies or procedures.

20. Procedures for Informal Resolution

20.1 If the complainant opts to proceed with informal conflict resolution, the complainant may authorize the Advisor to take steps to attempt an informal resolution of the complaint. Such steps may take a variety of forms, for example, helping to clarify perceptions, raising awareness of the impact of certain conduct, reconciling differences or sorting out misunderstandings. The parties may be brought together or communication may be effected through the Advisor.

20.2 Where the situation lends itself to structured mediation and both parties agree thereto, the Advisor may personally act as mediator, or may assist the parties in obtaining the services of another Member of the University who is qualified to perform this function.

20.3 Any informal agreement reached between the parties through informal conflict resolution is entirely voluntary. Neither the Advisor nor any other mediator has authority to impose conditions or sanctions upon either party.

20.4 The complainant may withdraw the complaint at any point during the process of informal resolution. As well, the Advisor may withdraw from the informal process if the Advisor determines that no useful purpose will be achieved by continuing to attempt informal resolution.

20.5 Normally, attempts at informal resolution shall not last longer than three (3) months.

21. Referral to the Dean of Students

21.1 Where a concern has been raised about a student’s conduct, and, in the opinion of the Advisor, it cannot be adequately addressed using the range of informal options described in article 20, the Advisor may, with the agreement of the complainant, refer the matter to the Dean of Students for disposition.

21.2 The Advisor shall forward the details of the matter, in writing, to the Dean of Students, who shall meet with the respondent.

21.3 In disposing of the matter, the Dean of Students shall seek a response, which is instructive for the respondent and which is intended to help prevent further problems of behaviour. Responses may include, but are not limited to, the following examples:

1. issuing of a verbal or written warning not to repeat the behaviour in question;
2. requesting that the respondent give a verbal or written apology; or
3. directing that the respondent’s University computer privileges be suspended, where the complaint concerns abuse of such privileges. This measure may only be implemented if it can be done in such a manner as to not hinder the student’s academic activities.

21.4 The Dean of Students will maintain a file on the matter and will provide a written summary of the outcome to the Advisor who will, in turn, inform the complainant.

22. Files of Complaints Resolved Informally

Upon resolution of a complaint by the informal process, the Advisor shall prepare a summary of the matter, but shall remove all information identifying the parties from the file.

SECTION VI. PROCEDURES FOR ADJUDICATING FORMAL COMPLAINTS AGAINST STUDENTS

23. Formal Complaints

Formal complaints made by students against other students shall be adjudicated by a Hearing Panel consisting only of students. Formal complaints made by any Member of the University who is not a student against a student shall be adjudicated by a Hearing Panel consisting of students, faculty and/or administrative and support staff.

24. The Secretary

24.1 A permanent Secretary of the Code of Rights and Responsibilities Hearing Panels shall be appointed by the Secretary-General. The Secretary shall be responsible for the administrative functioning of the Hearing Panels and shall maintain the confidential files and recordings of proceedings of the Hearing Panels.

24.2 Similarly, a permanent Secretary of the Code of Rights and Responsibilities Appeals Panels shall be appointed by the Secretary-General and shall be responsible for the administrative functioning of the Appeals Panels and shall maintain the confidential files and recordings of proceedings of the Appeals Panels.

25. Structure of Hearing Panels

25.1 Where a formal complaint is made by a student against another student, the Secretary shall select a Hearing Panel composed of three (3) graduate or undergraduate students drawn from the Student Tribunal Pool and one (1) non-voting chair.

25.2 In all other cases, the Secretary shall select a Hearing Panel composed of:

1. one (1) non-voting chair; and
2. two (2) undergraduate or graduate students drawn from the Student Tribunal Pool;
3. one (1) faculty member drawn from the Faculty Tribunal Pool; or one (1) member of the administrative or support staff drawn from the Administrative and Support Staff Tribunal Pool if the complainant is a member of the administrative or support staff. If the complainant is the University (as per article 15), a member of the senior administration or the Security Department, the member shall be drawn from the Faculty Tribunal Pool.

26. Initiating a Formal Complaint

26.1 A complainant may opt to proceed directly to a formal complaint at the outset or after an attempt at informal conflict resolution has been unsuccessful No statements, documents or information brought forward in the course of an attempt at informal conflict resolution may be used or referred to should a formal complaint be initiated.

26.2 In the event that a formal complaint proceeds, the following provisions shall apply.

26.3 The Advisor shall provide the complainant with a copy of this Code and shall inform the complainant of the following:

1. the required format for submitting the complaint, which must be made in writing, signed and dated and must identify the complainant and the respondent and the precise nature of the complaint, including the provision(s) of the Code under which the complaint is being filed;
2. the procedures which shall be followed by a Hearing Panel;
3. the right of the complainant and the respondent to consult any person in the preparation of his or her case, and to be accompanied or represented before a Hearing Panel by any Member of the University. If the complainant is a student, he or she also has the option of obtaining a student advocate through the services of Advocacy and Support Services or CSU Student Advocacy Centre; and
4. the right of appeal.

26.4 Upon receipt of the written complaint, the Advisor shall immediately notify the respondent. The respondent shall receive a copy of the Code, a copy of the complaint together with the information detailed in sub-articles 26.3 b), c) and d).

26.5 Concurrent with the notification sent to the respondent, the Advisor shall notify the Secretary who shall convene a Hearing Panel to hear the matter. Thereafter, the Secretary shall be responsible for all communications with the complainant and the respondent.

26.6 A Hearing Panel shall be convened as soon as possible after receipt of the notification by the Secretary and normally within twenty (20) Days.

26.7 Once a hearing date is fixed by the Secretary, the complainant shall submit any additional documentation substantiating the complainant’s case to the Secretary no later than fifteen (15) Days before the scheduled hearing date. Such documentation shall include any supporting documents and a list of the witnesses that will appear, if any, and written statements, if any, made by witnesses regarding the complaint.

The Secretary shall forward the documentation together with a list of the panellists selected for the case to the respondent no later than ten (10) Days before the scheduled hearing date. The list of panellists shall also be sent to the complainant.

The respondent shall deposit with the Secretary whatever documentation the respondent wishes to present at the hearing and the list of witnesses who shall testify on the respondent’s behalf no later than five (5) Days before the hearing. The Secretary shall immediately and no later than three (3) Days before the hearing forward a copy of the entire file to each member of the Hearing Panel. The Hearing Panel may limit the number of witnesses called by both parties taking into account their relevancy to the subject-matter of the hearing.

26.8 Either party may object to the participation of a panellist on the grounds of potential bias. A reasoned objection shall be filed no later than five (5) Days after having received the list of panellists with the Secretary who shall arrange for an alternate panellist to serve if the Secretary determines that the objection is well founded. If the Secretary feels that the objection is frivolous and the matter cannot be resolved, the issue shall be forwarded to the Chair of the Hearing Panel who shall render a final decision in this regard.

26.9 A settlement may be agreed to by the parties at any time prior to the hearing. If both parties agree to attempt a settlement, the Advisor shall convene and facilitate a meeting between them. The process is entirely voluntary but once a settlement is reached, it is binding. The Advisor shall monitor the terms of the settlement and if either party defaults on the settlement, the Advisor shall inform the other party, who may then decide to resume the formal procedure. No settlement may be imposed by either party without the full agreement of the other.

27. The Hearing

27.1 The Hearing Panel shall establish its own rules of procedure. Minimally, these rules shall provide for opening statements by the parties, the presentation of evidence and witnesses, the right of cross examination, questioning by members of the Hearing Panel, representations with respect to desired sanctions and closing statements. Hearings shall be recorded, and the cassette kept as part of the permanent record of proceedings for a period of not less than five (5) years.

27.2 The role of the Chair shall be to preside over the proceedings, keep order and ensure fairness. The Chair shall preside over the deliberations of the Hearing Panel but shall not vote. Decisions shall be by majority vote. The deliberations of the Hearing Panel shall only be attended by the Chair, the secretary of the Hearing Panel and the panelists.

27.3 The hearing shall be closed and confidential unless both parties have consented in writing to the attendance of Members of the University.

27.4 If the respondent fails, without reasonable excuse, to attend the hearing, the hearing may proceed in his or her absence or, at the Chair’s discretion, the start of the hearing may be postponed. If the hearing proceeds in the respondent’s absence, all rights contingent on the respondent’s presence, with the exception of the right to have an advocate present to plead for postponement, are forfeited. In such a case, a respondent’s right of appeal is limited to a consideration of the reasonableness of the respondent’s excuse for not appearing. If an Appeals Panel finds that the excuse is reasonable, it shall order a new hearing by a new Hearing Panel with the respondent present. The decision of the new hearing with the respondent present is appealable as if it were a first hearing.

27.5 The Hearing Panel shall provide a signed, dated and reasoned decision. The standard of proof to be relied upon by the Hearing Panel shall be one of a “preponderance of evidence”. A “preponderance of evidence” standard means that the complainant must establish that the complainant’s version of the facts is significantly more probable. This standard is less rigorous than the standard of “beyond a reasonable doubt” required under criminal law.

28. Sanctions

28.1 The Hearing Panel may impose one or more of the following sanctions:

1. a written reprimand;
2. conditions (the Hearing Panel does not, however, have the authority to bar a student from any academic activity);
3. payment as compensation for damage or loss of property or to otherwise rectify a situation which the student created or helped to create;
4. specified community service at Concordia University of up to ten (10) hours per week for a specified period of time not exceeding a total number of 60 hours;
5. a fine not exceeding $500 when the Hearing Panel deems that other sanctions are not appropriate or practical;
6. subject to confirmation by the President or the Acting President, a recommendation of Suspension from the University;
7. subject to confirmation by the President or the Acting President, a recommendation of Dismissal from the University;
8. subject to confirmation by the President or the Acting President, a recommendation of Expulsion from the University.

28.2 All monetary sanctions shall be payable within twenty (20) Days of the date of transmission of the Hearing Panel’s decision. Subject to the provisions of sub-article 29.4, the execution of any non-monetary sanction imposed by the Hearing Panel shall not be suspended by an appeal.

28.3.1 The decision of the Hearing Panel shall normally be rendered within ten (10) Days of the hearing and shall be communicated in writing to both parties and the Advisor together with notice as to the appeal process provided for under this Code.

28.4 The administration and monitoring of the sanction(s) imposed shall be the responsibility of the Dean of Students. Failure to pay any monetary sanction imposed within the delay prescribed in sub-article 28.2 shall result in the amount being added to the respondent’s student account. Should the respondent fail to comply with any non-monetary sanction, the Dean of Students shall, in writing, convene the student to an interview and inform the student of his or her right to be accompanied by a student advocate from Advocacy and Support Services, the CSU Student Advocacy Centre or any other member of the University community. During the interview, the student shall have the opportunity to review the evidence related to the alleged violation of the sanction(s) and to provide the Dean of Students with his or her explanation.

Following the interview, the Dean of Students may recommend to the President that the student:

1. not be permitted to re-register until such time as the student has fully complied with the sanction(s) imposed;
2. be suspended, or given an additional suspension if the original sanction was a suspension;
3. be expelled if the student has repeatedly, more than twice, failed to respect the sanction imposed; or
4. that his or her diploma be withheld until such time as the student has fully complied with the sanction(s) imposed.

If the student fails, without reasonable excuse, to attend the interview with the Dean of Students, the Dean of Students shall review the evidence related to the alleged violation of the sanction(s) and, as the case may be, make a recommendation to the President.

29. Appeals

29.1 A party who wishes to appeal a decision or sanction of the Hearing Panel, or both, shall apply in writing to the Secretary for the authorization to lodge an appeal. Such request for authorization to appeal shall be submitted to the Secretary no later than fifteen (15) Days after the date of transmission to the parties of the decision of the Hearing Panel.

29.2 Any request for authorization to appeal may be based only on the following grounds:

1. the discovery of new evidence following the rendering of the decision of the Hearing Panel;
2. the presence of serious and prejudicial procedural defects; or
3. the decision of the Hearing Panel is patently unreasonable.

29.3 The request for authorization to appeal shall state in clear and precise terms the grounds on which the appeal is based. Upon reception of the request for authorization to appeal, the Secretary shall provide the respondent with a copy of said request.

29.4 In its request for authorization to appeal, an appellant subject to a sanction may ask the Appeals Panel to suspend the execution of said sanction until a final decision has been rendered by the Appeals Panel.

29.5 The respondent shall submit a concise written reply to the appellant’s request for authorization to appeal and the grounds invoked within five (5) Days of its reception. This statement shall identify the respondent’s position on each ground of appeal.

29.6 All parties to the appeal shall have access to the audiotape recordings for the purpose of preparing their statements.

29.7 An Appeals Panel shall be convened as soon as possible after receipt of the request by the Secretary and normally within fifteen (15) Days.

29.8 The Secretary shall select an Appeals Panel composed of:

1. one (1) non-voting chair;
2. two (2) graduate or undergraduate students drawn from Student Tribunal Pool;
3. two (2) faculty members drawn from the Faculty Tribunal Pool;
4. one (1) member of the administrative or support staff drawn from the Administrative and Support Staff Tribunal Pool.

Notwithstanding sub-articles 29.8 c) and d) above, if the complainant is a member of the administrative and support staff, the Appeals Panel shall be composed of two (2) members of the administrative or support staff drawn from the Administrative and Support Staff Tribunal Pool and one (1) faculty member drawn from the Faculty Tribunal Pool. If the complainant is the University (as per article 15), a member of the senior administration or the Security Department, the Appeals Panel shall be composed of two (2) faculty members drawn from the Faculty Tribunal Pool and one (1) member of the administrative or support staff drawn from the Administrative and Support Staff Tribunal Pool.

29.9 In no case shall members of the Appeals Panel also have been members of the Hearing Panel which conducted the original hearing.

29.10 The Appeals Panel shall decide whether an appeal shall be heard, having regard to the circumstances of each case.

29.11 The Appeals Panel shall normally render its decision with respect to the request for authorization, and, as the case may be, the suspension of the execution of any sanction, based upon the written record only, within five (5) Days of its consideration of the request. The Appeals Panel shall be provided with the complete file of the Hearing Panel.

29.12 The Appeals Panel shall render its decision with respect to the request for authorization in writing, with brief reasons supporting its decision.

29.13 If the authorization to appeal is granted, it shall normally be heard within fifteen (15) Days of the decision to authorize the appeal. Notification of such decision to authorize the appeal shall be sent to both parties.

29.14 During the hearing of the appeal, the appellant and the respondent are allowed to make oral representations but are not allowed to bring witnesses or to produce new evidence. The decision of the Appeals Panel on the appeal shall only be based upon the representations made by the parties, the decision of the Hearing Panel, the written record, the complete file of the Hearing Panel and the audiotape recordings, as the case may be.

29.15 The Appeals Panel has the authority to confirm, reverse or modify the decision being appealed. Furthermore, should the appeal be based on the production of new evidence, the Appeals Panel may order a new hearing of the complaint by a new Hearing Panel.

29.16 The decision of the Appeals Panel shall be signed, dated and reasoned and shall be sent to both parties and the Advisor.

29.17 The decision of the Appeals Panel shall be final.

30. Files of Formal Complaints against Students

The Advisor shall maintain a file of all formal complaints processed. The file shall include the written complaint, the decision of the Hearing Panel and the decision of the Appeals Panel, if any. If a settlement is reached prior to a hearing, the general substance of the settlement shall be included in the file. If the complaint is withdrawn at any stage of the formal process, a notation to that effect shall be recorded, but all information identifying the parties shall be removed from the record.

SECTION VII. PROCEDURES FOR ADJUDICATING FORMAL COMPLAINTS MADE AGAINST FACULTY, ADMINISTRATIVE OR SUPPORT STAFF MEMBERS OR MEMBERS OF THE ADMINISTRATION

31. General Rules

31.1 The present Section applies to complaints filed by Members of the University against faculty, administrative or support staff members or against members of the administration.

31.2 The application of the present Section to a unionized respondent is subject to the provisions of the respondent’s collective agreement and to the limitations described in articles 8 and 10 of the present Code.

32. Initiating a Formal Complaint against a Faculty, Administrative or Support Staff Member or against a Member of the Administration

32.1 A Member of the University who wishes to file a formal complaint against faculty, administrative or support staff members or against members of the administration shall contact the Advisor.

32.2 The Advisor shall provide the complainant with a copy of this Code and shall inform the complainant of the following:

1. the required format for submitting the complaint, which must be made in writing, signed and dated and must identify the complainant and the respondent and the precise nature of the complaint, including the provision(s) of the Code under which the complaint is being filed;
2. the right of the complainant to consult any person in the preparation of his or her complaint, and to be accompanied or represented by any Member of the University during the process of resolution. If the complainant is a student, he or she may opt to be accompanied by a student advocate obtained through the services of Advocacy and Support Services or the CSU Student Advocacy Centre. If the complainant is a member of a union or an employee association, he or she may opt to be accompanied by a union or association representative.

32.3 If the respondent is a member of a union, the Advisor shall inform the complainant of any delays regarding disciplinary procedures, which may be prescribed in the respondent’s collective agreement.

32.4 Upon receiving a formal complaint under the present article, the Advisor shall transmit the complaint to the authority to whom the complaint must be submitted under the terms of the respondent’s collective agreement or the relevant University policy (the “Authority”), with all the relevant information and documentation. If the respondent is a member of a union or association, a copy of the complaint and of the relevant information and documentation shall also be sent by the Advisor to the union or association.

33. Powers and Duties of the Authority

33.1 Upon receiving the complaint and all the relevant information and documentation from the Advisor, the Authority shall send a copy of these documents to the respondent.

33.2 The Authority shall also inform the respondent of his or her right to consult any person in the preparation of his or her case, and to be accompanied or represented by any member of the University during the process of resolution. If the complainant is a member of a union or an employee association, he or she may opt to be accompanied by a union or association representative.

33.3 The Authority shall then take the necessary steps to resolve the matter in such a manner as to respect the principles of natural justice and the procedures of any collective agreement or University policy, which may apply.

33.4 More specifically, the Authority may:

1. meet with the complainant and the respondent on an individual basis;
2. have access to all official files and information as are required to fulfill his or her functions, the whole subject to the applicable legislation;
3. meet any individual who might, in his or her opinion, provide information relevant to the complaint;
4. consult any University officers (Executive Director of Human Resources and Employee Relations, Legal Counsel, etc.) or outside counsellors as may be required.

33.5 All information, whether in writing or in any other form, obtained by the Authority in the performance of his or her duties shall be strictly confidential.

33.6 Upon completing his or her investigation, the Authority may dismiss the complaint, impose a disciplinary measure against the respondent or take any other action deemed appropriate in view of the result of the investigation.

33.7 When the matter has been decided by the Authority, normally within ten (10) Days after receiving the complaint, the Authority shall notify in writing the complainant, the respondent and the Advisor of the general substance of the decision or action that was taken as a result of the complaint. If the respondent is a member of a union or association, a copy of the decision shall also be sent by the Authority to the union or association.

If the Authority has not sent such notice to the complainant within fifteen (15) Days after receiving the complaint or has not sent a notice to the complainant requesting an additional delay, the complainant shall have the right to request the Advisor to transmit the complaint to the President. In such a case, the President shall, within ten (10) Days after receiving the complaint, notify in writing the complainant, the respondent, the Advisor and the Authority of the general substance of the decision or action taken as a result of the complaint.

33.8 If the decision or action taken by the Authority does not constitute a disciplinary action as defined by the relevant collective agreement, University Policy or this Code, as the case may be, the Authority or the Executive Director of Human Resources and Employee Relations shall monitor compliance by the respondent. Once satisfied that compliance has been effected, the Authority shall so inform the complainant and the Advisor.

33.9 If disciplinary action is taken and is subsequently overturned by a higher authority or by grievance and arbitration procedures, the complainant and Advisor shall be notified.

34. Files of Formal Complaints against Faculty, Administrative and Support Staff Members or Members of the Administration

The Advisor shall maintain a file of formal complaints received against faculty, administrative or support staff members or members of the administration, which shall summarize the substance of the consultation with the complainant, the record of resolution as supplied by the authority and information that a sanction has been overturned through grievance or arbitration, if this is the case.

SECTION VIII. URGENT SITUATIONS

35. Reporting and Responding to Urgent Situations

35.1 Members of the University who are faced with an urgent situation involving threatening or violent conduct, where there is reasonable cause to believe that the safety or security of persons may be threatened, shall immediately contact the Security Department. The Security Department shall take whatever reasonable action is necessary to secure the safety of persons, and shall immediately alert the Advisor. In such case, the Advisor shall be guided by the Protocol on the Co-ordination of Urgent Cases of Threatening or Violent Conduct.

35.2 Members of the University shall forthwith report to the Advisor any conduct which they have reasonable cause to believe potentially threatens the safety or security of persons. The Advisor shall assess the situation as specified in the Protocol on the Co-ordination of Urgent Cases of Threatening or Violent Conduct, consult experts as necessary, and make recommendations as to any further action appropriate in the circumstances.

35.3 Any Member of the University who is called to a Team meeting under the Protocol on the Co-ordination of Urgent Cases of Threatening or Violent Conduct shall respond promptly.

36. Disciplinary Officers

36.1 The Members of the University listed below are hereby constituted “Disciplinary Officers”. With respect to matters under this Code, the Disciplinary Officers shall have the powers, duties and obligations conferred upon them in the present Code as well as any powers reasonably incident thereto:

1. the President and Vice-Chancellor;
2. the Provost;
3. the Vice-Rectors;
4. the Academic Deans.

37. Temporary Exclusion of a Student by a Disciplinary Officer

37.1 The Disciplinary Officers may require any student to immediately leave and remain away from the campus or a part thereof, as the case may be, for a period not exceeding two (2) Days, if to their personal knowledge or based upon reliable information, they have reasonable grounds to believe that the student’s continued presence on campus:

1. is detrimental to the pursuit of works and studies in a safe and civil environment; or
2. constitutes an immediate threat to the safety or security of others.

37.2 No student shall be barred from taking any examination or submitting any academic paper or report because of this provision but the Disciplinary Officer may make special arrangements as to the time and place for the completion and/or submission of any academic paper, assigned work or project, or laboratory test, work or report or writing of any exam.

37.3 A Disciplinary Officer shall immediately advise the Registrar, the Secretary, the Dean of Students, the relevant Academic Dean(s), the Advisor and the Security Department of the temporary exclusion of a student under this provision.

37.4 Any temporary exclusion ordered under the present Section shall not be deemed to be in lieu of other proceedings under this Code should the conduct for which exclusion is ordered also constitute an offence under article 18 of this Code.

38. Exclusion of a Student by the President

38.1 The President or Acting President may Suspend a student, exclude the student from any University premises and take any other steps that may be appropriate where: (a) the student presents a clear and present danger to the safety of persons or to the activities of the University as a whole or any of its Members or groups of Members; (b) the student has on one or more occasions presented a clear danger to the safety of persons or to the activities of the University as a whole or of any of its Members or groups of Members and whose identity or action has only recently been identified; or (c) the student’s actions are of such a serious nature that they create an intimidating and hostile environment for work or study or constitute a serious threat to the ability of the University and its members to carry out the University’s functions.

38.2 In such cases, the President or Acting-Rector shall provide the student with a written suspension notice and shall concurrently forward a copy of the suspension notice to the Registrar, the Secretary, the Dean of Students, the relevant Academic Dean(s), the Advisor, and the Security Department. The President or Acting-Rector shall inform the student of the student’s right to consult an advocate and shall also provide the student with:

1. a copy of any supporting information;
2. a copy of the Code.

38.3 In such a case, the President or Acting-Rector shall immediately lay a complaint against the student under Section VI of this Code. The regular delays of this Code shall not apply and a hearing into the complaint shall be held within ten (10) Days of the suspension order. The President or Acting-Rector may designate another Member of the University to represent him or her at the hearing. The Hearing Panel shall render its decision and inform the parties within three (3) Days of the hearing. If no hearing into the complaint has been held within fifteen (15) Days of the suspension order for reasons other than the reason contemplated under sub-article 38.4, the suspension order shall be suspended until the Hearing Panel shall re-impose the suspension.

38.4 Should the suspended student be unable to attend the hearing within the prescribed delay, he or she shall notify the Secretary as soon as he or she is able to attend a hearing. Upon such notification, the Secretary shall convene a hearing as soon as possible.

38.5 In the event that the Hearing Panel determines that the original complaint was unfounded, that decision shall not invalidate the Presidents’ or Acting-Rector’s prior action; however, every effort shall be made to remedy any academic disadvantage that the student may have experienced as a consequence of the temporary suspension.

38.6 Upon the lifting of the Suspension, the Secretary shall notify the Registrar, the Dean of Students, the relevant Academic Dean(s), the Advisor and the Security Department.

39. Temporary Exclusion of a Member of the Faculty or Administrative and Support Staff

39.1 Where a member of the faculty or administrative and support staff presents a clear and present danger to the safety or security of persons or to the activities of the University as a whole or of any of its individual Members, the matter shall be dealt with according to the provisions of the relevant collective agreement or University Policies.

39.2 A Member against whom such action is taken may seek recourse through the grievance procedures of the relevant collective agreement or the grievance procedures contained in University Policies, where they exist.

SECTION IX. APPOINTMENT AND FUNCTIONS OF THE ADVISOR

40. The Advisor

40.1 The Advisor on Rights and Responsibilities shall be appointed by the President upon the recommendation of an advisory committee, composed of representatives of the University constituencies including at least one (1) student, struck for this purpose. The Advisor shall report to the President.

40.2 The appointment shall be made for an initial term of two years, renewable for further terms of five years. During the fourth year of each such term, the President shall appoint an appraisal committee, composed of representatives of the University constituencies including at least one (1) student, which shall review the operations of the Office of Rights and Responsibilities and make recommendations to the President. This review shall include, but shall not be limited to, consultations with the internal community as well as external appraisal.

41. The Office of Rights and Responsibilities

41.1 The Advisor shall direct the operations of the Office of Rights and Responsibilities and carry out all duties described in this Code.

41.2 The Advisor shall submit an annual report to the President by September 30 of each year. The report shall detail the activities of the Office of Rights and Responsibilities, including statistics on all complaints received, and make recommendations, as necessary, with regard to either the Code of Rights and Responsibilities or the operations of the Office of Rights and Responsibilities. The annual report shall be published in the University’s newspaper and shall be submitted, for information purposes, to the Senate and Board of Governors.

42. Complaints

If a Member considers that the Advisor has failed to follow the procedures outlined in this Code with respect to any matter to which the Member has been a party, he or she may submit a written complaint, detailing the alleged procedural failure, to the President. The President shall investigate the complaint and inform the Member of the results of the investigation, normally within fifteen (15) Days of the receipt of the written complaint by the President.

SECTION X. MISCELLANEOUS

43. Confidential Nature of Files

All complaint files maintained by the Advisor shall be confidential and accessible only to the staff of the Office of Rights and Responsibilities. Such files shall be destroyed according to a retention schedule determined in accordance with provincial legislation.

44. Delays

In the calculation of any delay set out in the Code, the months of July and August shall not be taken into account; however, in the case of a hearing before a Hearing Panel or an Appeals Panel that commenced before July 1, the regular delays set out in this Code shall apply.

45. Notices

Any written notice to any person shall be sent by courier, e-mail or fax to the last address or fax number provided by said person to the University and shall be deemed to be received one (1) day after delivery.

46. Language

Any party or witness participating in a hearing before a Hearing Panel or an Appeals Panel may make their presentation in either English or French.

47. The Secretary-General

The overall responsibility for the implementation and recommended amendments to the Code shall rest with the Secretary-General.

Appendix A

The Coordination of Urgent Cases of Threatening or Violent Conduct

“The Protocol”

BASIC PRINCIPLES

Incidents involving threatening or violent conduct require a response, which is prompt, based on thorough and accurate information, effective and above all, well coordinated. Incidents may have a broad impact across the University, and require a variety of interventions. The purpose of this protocol is to ensure that these principles are followed in every case. The protocol, which functions with, the Code of Rights and Responsibilities, provides for the Advisor or another person designated by the President and Vice-Chancellor with the authority to organize an effective response to incidents and cases.

The protocol is designed to ensure that the responsibility for decision-making is vested in the hands of management. At the same time, it builds in special support and expertise for managers who may require assistance in resolving incidents. Further, the protocol ensures that all decision-making is closely coordinated, and that the appropriate University authorities are kept informed of developments as they unfold in a given case. Lastly, the protocol builds in a reporting and review process, which ensures both accountability and the ongoing refinement of case management strategies.

SCOPE OF THE PROTOCOL

The protocol covers incidents of threatening or violent conduct by one or more individuals, or conduct deemed potentially dangerous, as described in the Code of Rights and Responsibilities. The protocol is not intended to cover major emergencies, such as fires or chemical spills, which are handled by Environmental Health and Safety. It is also not a disaster recovery plan in the event of a major incident, for example, a bombing.

CASE MANAGEMENT - STAFFING AND STRUCTURES

This protocol is implemented by the Advisor on Rights and Responsibilities, whose function is to coordinate the work of an ad-hoc case management team (the “Team”).

1. The Advisor

• The responsibilities of the Advisor are:
• to bring together the authorities who shall make decisions, together with experts where necessary, to manage the case;
• to gather pertinent information
• to obtain expertise if needed
• to assist in analyzing and assessing information obtained and to make recommendations for action
• to centralize internal communications;
• ensure that the victim(s), if any, and the members of the community who are affected by the incident are supported, consulted where appropriate and kept informed of developments in the case;
• to ensure follow-up of decisions;
• to maintain case records, and to ensure that the appropriate senior authorities are informed of developments;
• to evaluate team actions and ensure that any “lessons learned” are integrated into protocols and procedures, and conveyed to the appropriate authorities.

2. The case management team

   1. The core group: The Advisor and the Operations Manager or Director of Security form the core group. In cases involving a known or suspected mental health problem, the core group shall also include a representative from Health Services. In addition, the core group for each case shall typically include the authorities responsible for the department(s) or unit(s) concerned.
      1. Extended team as needed: In addition to the core group, others who have a direct responsibility for an aspect of the case, or whose expertise is required, may be either added to the team or consulted as needed, for example:
         Legal Counsel
         A representative of Public Relations
         A representative of Environmental Health and Safety
         An Ombudsperson
         The Dean of Students
         A member of Counselling & Development
         A member of Multi-faith Chaplaincy
         The managers of other departments where the incident has had a serious impact upon department members A representative of Human Resources
         Union representatives
         A psychiatrist
         A police liaison officer
         An expert on critical incident stress de-briefing, etc.
   2. Importance of attendance at case conferences: Those who are requested to participate as members of either the core group or an extended team shall accord such requests the highest priority.

IMPLEMENTING THE PROTOCOL

1. Decision to implement the protocol

   The Advisor may receive a report of threatening or violent conduct directly from the person(s) implicated in the incident, or via a third party who has become aware of the situation. The Advisor shall obtain as much information as is necessary to make a preliminary assessment of the situation. The Advisor shall consult others as necessary. If this assessment clearly indicates that team action is not required, the Advisor shall recommend appropriate action to resolve the matter, or refer the matter elsewhere. If there is an indication of urgency or there are reasonable grounds to believe that the behaviour potentially poses a risk to others, the Advisor informs Security of the situation and proceeds to determine the composition of the case management team, and to convene a case conference.

2. Action

   The case conference shall carry out some or all of the following actions, in whatever order is appropriate and depending upon the nature of the situation:
   1. Determine what facts are known, what information is still needed, and how such information may be obtained.
   2. Determine whether any further special expertise is required.
   3. Start a case log detailing facts and recording all decisions.
   4. Determine any immediate action to be taken with regard to any perpetrator(s). This might include removal from the premises, filing of police charges, emergency suspension, referral for medical/psychological care, security precautions, etc.
   5. Arrange for support, care and follow-up of any victim(s). This might include medical/psychological care, temporary leave, security precautions, ensuring that employment or student status is not jeopardized, etc.
   6. Arrange for internal communiqués as necessary. The principle is to ensure that the community at large and/or those most directly affected are given appropriate information about the facts, the action being taken, and how to get help if they are affected by the incident.
   7. In the case of an incident which may become, or has become known to the media, plan a media strategy, brief those implicated on how to deal with media requests.
   8. Arrange for critical incident stress de-briefing sessions for students/employees who may be affected, as needed.
   9. Start CSST reporting process as appropriate.
   10. Establish communication links for specific aspects of the case.

3. Follow-up

   The team thereafter plans any further meetings and establishes responsibility among team members for the follow-up of decisions. Follow-up activities need not always involve full team meetings, provided that all activities are coordinated by the Advisor, who shall be informed of all developments in the case.

4. Files

   All files relating to case management are confidential. The Advisor shall maintain a case log containing the facts of the case and a record of all decisions and action taken. The Advisor shall also keep copies of pertinent documents associated with the case (copies of Security reports, correspondence, etc.) These documents shall constitute the case file, to be maintained in the Office of Rights and Responsibilities.

5. Confidentiality

   Team members and consultants shall maintain confidentiality with regard to nominative information, to the extent that a situation is not publicly reported in the media. Information shall be divulged on a need-to-know basis.

6. Evaluation

   The Advisor shall be responsible for evaluating the actions taken by case management teams, consulting with team members and persons involved in the case as necessary. Any lessons learned with regard to errors made or effective strategies adopted should be incorporated into the protocol. The President shall approve any amendment to this protocol. If the evaluation reveals a need to amend other University practices or regulations, the Advisor may make recommendations to that effect to the appropriate authorities.

7. Reporting

   When a particularly complex, serious or long case is concluded, the Advisor shall write a report summarizing the case and submit it to the President’s Cabinet. Copies of the report should be sent to participating team members. The report should include any observations emanating from the evaluation and any recommendations for review or changes to policy or practice, which the team wishes to make. These reports are the key to ensuring accountability in decision-making, consistency of response across different sectors of the University and the timely review of all policies and procedures regarding conduct.

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