- General
- Definitions
- Application
- Prohibited Conduct
- Disciplinary Measures
- Process and Procedures
- President's Non-Academic Misconduct Committee
- President
- Registrar
- Appeals
1. General
1.1 The University is a community of students, faculty, and staff involved in learning, teaching, research, and other activities. In accordance with the UBC Statement on Respectful Environment for Students, Faculty and Staff, all members of this community are expected to conduct themselves in a manner that contributes positively to an environment in which respect, civility, diversity, opportunity, and inclusiveness are valued, so as to assure the success of both the individual and the community.
1.2 The purpose of this Student Code of Conduct is to define the general standard of conduct expected of students, provide examples of conduct that may be subject to disciplinary action by the University, provide examples of disciplinary measures that may be imposed, and set out the process and procedures that the University will follow when an allegation of non-academic misconduct is made. Students are expected to be aware of, and to conduct themselves in accordance with, this Code.
1.3 The University respects the right of students to conduct their own personal lives. This Code governs conduct only to the extent necessary to protect the integrity and proper functioning of the academic and non-academic activities of the University, the peaceful and safe enjoyment of University facilities by other members of the University and the public, the freedom of members of the University to participate reasonably in the programs of the University and in activities in or on the University's premises, or to protect the property of the University or its members.
2. Definitions
2.1 In this Code:
2.2 Unless otherwise stated, a student will only be liable for conduct that they knew, or ought reasonably to have known, would constitute conduct prohibited under this Code.
3. Application
3.1 This Code applies to conduct that:
3.2 However, this Code will not apply to conduct that:
3.3 Any student found responsible for non-academic misconduct is subject to the disciplinary provisions of this Code, regardless of the action or inaction of civil authorities. Nothing in this Code precludes the University from referring an individual matter to the appropriate law enforcement agency before, during, or after disciplinary action is taken by the University under this Code. A student may be subject to criminal prosecution and/or civil proceedings notwithstanding, and in addition to, disciplinary action taken by the University against the student under this Code.
3.4 The University may also define standards of professional conduct for students in programs where these are appropriate, and this Code does not replace or supersede such standards. Where alleged conduct is prohibited conduct under this Code and standards of professional conduct in a program, the University will determine how the allegations will be addressed, which may include under this Code, the standards of professional conduct, or both with such modification to procedure as appropriate provided they meet the requirements of procedural fairness in the university context.
4. Prohibited Conduct
4.1 Any conduct on the part of a student that has, or might reasonably be seen to have, an adverse affect on the integrity or the proper functioning of the University, or the health, safety, rights, or property of the University or its members and visitors, is subject to discipline under this Code. The following list sets out specific examples of prohibited conduct. It is intended to help students understand the type of conduct that will be subject to discipline: it is not an exhaustive list and students should be aware that their conduct may still be considered prohibited conduct under this Code even if it does not appear in the list below.
4.2 Prohibited conduct that is subject to disciplinary measures includes, but is not limited to, engaging in, attempting to engage in, or assisting others to engage in any of the actions described below:
5. Disciplinary Measures
5.1 Disciplinary measures which may be imposed, singly or in combination, for non-academic misconduct include, but are not limited to, the following:
5.2 Disciplinary measures for non-academic misconduct shall not ordinarily be recorded on a student's transcript unless the student is suspended or expelled. In the case of suspension, the transcript notation shall be removed upon lapsing of the suspension.
5.3 Refusal to comply with a disciplinary measure or disciplinary measures imposed under this Code is itself a serious offence and may result in suspension for up to two years.
5.4 Where the non-academic misconduct resulted in property damage, the disciplinary measures should include restitution or rectification.
5.5 Where a monetary disciplinary measure is imposed, the costs to the University and the degree of financial hardship imposed upon the student, if any, should be taken into consideration.
6. Process and Procedures
6.1 Subject to section 6.2, all incidents of suspected non-academic misconduct will be reported to Campus Security, who will then bring the matter to the attention of the Student Conduct Manager. The Student Conduct Manager will consider the allegations and may do any of the following:
6.2 Incidents of suspected non-academic misconduct that involve Sexual Misconduct will be addressed pursuant to UBC Board of Governors Policy SC17, Sexual Misconduct and Sexualized Violence Policy, and not this section 6, and therefore section 7 does not apply. In this Student Code of Conduct, “Sexual Misconduct" has the meaning as defined in Policy SC17. See the online UBC Board of Governors Policy SC17. With regard to allegations of non-academic misconduct that involves Sexual Misconduct:
(a) the investigator appointed under Policy SC17 investigates the allegations. The President decides what discipline or other measures, if any, should be imposed based upon the investigator’s findings. Under section 61 of the University Act, the President of the University is given the power to suspend students and to deal summarily with any matter of student discipline;
(b) other suspected non-academic misconduct that is related or connected with the alleged Sexual Misconduct may be added to the investigation under Policy SC17 and be investigated by the investigator appointed under that Policy, rather than being referred to and investigated by the Committee. Without limiting the generality of the foregoing, incidents of suspected retaliation in contravention of Policy SC17 will be addressed pursuant to that Policy;
(c) the Registrar, in consultation with the Director of Investigations, may place the student on academic hold until the allegations are dismissed or the President decides what disciplinary measures, if any, are to be taken; and
(d) a student may write to the Registrar to request the academic hold be removed. The request must include an explanation why such an academic hold is not appropriate in the circumstances. The Registrar, in consultation with the Director of Investigations, will determine if the request will be granted.
6.3 If the Student Conduct Manager believes that the suspected misconduct is of such a minor nature that it does not require corrective action or that the Committee is not likely to find facts that would result in disciplinary action, the Student Conduct Manager may discontinue further action. Upon discontinuing further action, the Student Conduct Manager will notify the Committee and the student named in the allegations in writing of their decision, and will invite the student to respond if the student wishes to do so. The student will also be advised of the possible effect of the allegations in the future, as set out below in section 6.7.
6.4 If the Student Conduct Manager believes that non-academic misconduct has occurred, the Student Conduct Manager may determine what, if any, steps the student could take to correct or resolve the matter. If the student agrees to the resolution proposed by the Student Conduct Manager, an agreement outlining the steps to be taken by the student will be drawn up and signed by the student. If the student does not agree, the Student Conduct Manager will refer the matter to the Committee.
6.5 The Student Conduct Manager will keep a copy of the signed agreement, and will also provide a copy to the Committee. The Student Conduct Manager will also monitor the student's compliance with the agreement.
6.6 Any agreement reached with the student must be consistent with University policy and procedures and must, in the opinion of the Student Conduct Manager, adequately resolve all aspects of the allegations made against the student. The student must be advised that the agreement is conditional upon compliance and that if the student fails to comply with any aspect of the agreement, the matter may be referred to the Committee and the non-compliance may constitute a separate incident of non-academic misconduct.
6.7 A record of the allegations and any decisions made as a result of the allegations will be retained in the student's file and, in the event of any further allegations of misconduct, the allegations may be considered when determining how to deal with subsequent alleged misconduct.
6.8 The Chair of the Committee may refer any matter that has been referred to the Committee back to the Student Conduct Manager for resolution by agreement with the student when it is appropriate to do so under the circumstances.
7. President's UBC Vancouver Non-Academic Misconduct Committee
7.1 Under section 61 of the University Act, the President of the University is given the power to suspend students and to deal with any matter of student discipline. The Committee is constituted to investigate allegations of non-academic misconduct and to report its findings to the President, who then decides what discipline, if any, should be imposed. The University Counsel may set down rules for Committee investigations and may alter these rules from time to time. See the online President's UBC Vancouver Non-Academic Misconduct Committee Rules.
7.2 The Registrar, in consultation with the Chair of the Committee, may place the student on academic hold until the President decides what disciplinary measures, if any, are to be taken.
7.3 A student may write to the Registrar to request the academic hold be removed. The request must include an explanation of why such an academic hold is not appropriate in the circumstances. The Registrar, in consultation with the Chair of the Committee, will determine if the request will be granted.
7.4 At the conclusion of the investigation, the Committee will review the information submitted to it, including the written allegations submitted by the Student Conduct Manager, and any other relevant materials submitted by the parties, and may consider all issues relevant to the allegation in making a determination as to whether, on a balance of probabilities, the student committed the alleged non-academic misconduct. The Committee will submit a report of its findings (including any findings with respect to extenuating circumstances) to the President, who will decide what disciplinary measures, if any, are to be taken.
8. President
8.1 Once the President has come to a decision based on the report of the Committee or, the Investigative Report under UBC Board of Governors Policy SC17, Sexual Misconduct and Sexualized Violence Policy, as the case may be, the President will send a letter to the student detailing the following:
(a) the President's decision;
(b) reasons for the President's decision, including the applicable report from the Committee or investigator (as redacted, if necessary, pursuant to Policy SC17);
(c) a description of the nature and the duration of the disciplinary measures imposed, if any; and
(d) notice that the student has a right to appeal the decision to the UBC Vancouver Senate Committee on Student Appeals on Academic Discipline (the “Senate Committee”) and the time limit for such an appeal (the “Decision Letter”).
8.2 If disciplinary measures are imposed, the President will promptly send a copy of the Decision Letter to the Senate Committee, and will also provide copies of the Decision Letter to the Registrar, Campus Security, and, where the disciplinary measures imposed are not pursuant solely to Policy SC17, to the Student Conduct Manager.
8.3 For certainty, the Decision Letter will also be provided to those identified as recipients under the applicable UBC Board of Governors Policy, and it may be provided to such other persons within the University as deemed necessary for the recipients to carry out their duties.
9. Registrar
9.1 The Registrar is responsible for taking any relevant actions in accordance with the President's decision, including making a notation on a student's transcript, placing an academic hold on a student's academic status for the duration of a suspension, and notifying the instructors of courses in which a student is enrolled.
10. Appeals
10.1 A student has the right to appeal any disciplinary decision of the President to the Senate Committee as established under section 37(1)(v) of the University Act. See information on the Senate appeal process set out online under Discipline for Academic Misconduct and under the Rules and Procedures of Senate - Disciplinary Appeal Procedures.