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1. Purpose

吃瓜直播鈥檚 (鈥渢he University鈥�) Policy 61: Student Code of Non-Academic Conduct (鈥淪tudent Code鈥�) is the foundational policy that governs non-academic student conduct at the University. The values that underlie the Student Code align with the University's values (found in the University's Academic Plan and other related University policies). For example, one of the values found in the University's Academic Plan is to support people and community within a culture of mutual respect. In alignment with that value, the purpose of the Student Code is to provide education and support to students pertaining to community standards for non-academic conduct, and, where necessary, hold students accountable if they breach these community standards. 

The Student Code will achieve this purpose by: 

• Outlining community standards for non-academic student conduct that uplifts the University as a learning, teaching, living, research, and work environment where the rights and responsibilities of University community members are respected. 
• Outlining the importance that appropriate supports are offered to University community members impacted by behaviour that breaches community standards and to respondents involved in a complaint resolution process under the Student Code. 
• Outlining a procedurally fair and trauma-informed complaint resolution process for responding to complaints of a breach of community standards, and identifying proportionate accountability measures where a breach of community standards is found.

2. Introduction

The Student Code is educational: 

• It provides guidance regarding the University鈥檚 expectations of appropriate student non-academic conduct. 
• It builds awareness and understanding of the University鈥檚 community standards, and it defines what non-academic conduct negatively impacts the safety and wellbeing, rights, and property of others. 

The Student Code is supportive: 

• It recognizes that student conduct that breaches the Student Code can impact the wellbeing of University community members and it highlights the importance of support for University community members. 
• It recognizes that students who cause harm may require assistance and support while participating in the complaint resolution process and in order to uphold community standards at the University. 
• It ensures that the University is committed to responding to breaches of the Student Code from an anti-oppression and trauma-informed approach to ensure that all University community members are treated with empathy, dignity, and care. 

The Student Code ensures accountability and fairness: 

• It outlines in its Procedures a procedurally fair complaint resolution process for responding to alleged breaches of the Student Code, including alternative resolution, or investigation and decision-making.  
• Where a breach of community standards has been found after an investigation and decision-making, accountability measures proportionate to the breach will be assigned, and where appropriate, will be educative rather than punitive.

3. Application and Scope

The Student Code applies to the non-academic conduct of students, University-affiliated student groups, and students who may also be accountable for the conduct of their guests, while: 

3.1. On-Campus The Student Code applies to all student conduct that takes place on University premises. 

3.2. Engaging in University Related Conduct Off-Campus 

The Student Code applies to all student conduct off-campus when engaging in University-related activities, including: 

• When acting as a delegated representative of the University or when claiming to represent the University. 
• When attending a University course, including, but not limited to, an organized class activity, co-op, and experiential learning opportunities. 
• When participating in a University event, activity, or program. 

3.3. Engaging in University Related Online Conduct 

The Student Code applies to all online student conduct  when students are using University-related information technology platforms and infrastructure or engaging in other University-affiliated online environments, including, but not limited to: 

• University-owned or run property or equipment, including but not limited to phones, computers, and computer networks. 
• University email accounts and online learning platforms including discussion forums and meeting spaces.  
• University-affiliated social media accounts. 
• Social media platforms or online communication groups created and used by University Community members for the purposes of participating in University-related activities, such as students in program, course, or study groups or extra-curricular activities. 

3.4. Engaging in Non University Related Off-Campus and Online Conduct  

The Student Code may also apply to students who are alleged to have engaged in breaches of community standards in other circumstances, including, but limited to:  

• Off-campus. 
• Online environments, including various social media platforms.  In determining whether the Student Code applies to non University related off-campus and online conduct, the Student Conduct Office will consider all relevant factors, including: 
• The nature of the alleged incidents and its connection to and impact on the complainant and the University community and the University鈥檚 learning, teaching, living, research and work environments. 
• Potential harm or risk to University community members. 
• Other relevant contextual factors. 

3.5. Change in Respondent Student Status

The Student Code鈥檚 complaint resolution process may apply even if a student's relationship with the University changes or terminates. The complaint resolution process under the Student Code may be initiated, completed, or paused if the respondent is no longer a current University student.  

3.6. Conflict with Collective Agreement 

If a conflict arises between the provisions of the Student Code and Procedures and any relevant collective agreement, the terms of the collective agreement prevail unless the collective agreement is in conflict with the University鈥檚 legislative obligations.

4. Definitions

4.1. Accountability Measure 

An educational or disciplinary outcome applied if a breach of the Student Code is found.  

4.2. Advocate 

A person recognized by one of the University鈥檚 student bodies (e.g. the Toronto 吃瓜直播 Students' Union [TMSU], Toronto 吃瓜直播 Association of Part-time Students [TMAPS], Toronto 吃瓜直播 Graduate Students鈥� Union [TMGSU]), or any other student group recognized by the University. An advocate may act as a support person or a representative as outlined under the Student Code. 

4.3. Appellant 

The person who requests an appeal to formally change the decision or accountability measure issued by a decision-maker under the Student Code.

4.4. Balance of Probabilities  

The standard of proof to support a finding that the alleged breach of community standards is more likely than not to have occurred. 

4.5. Breach of Community Standards 

A finding by a decision-maker that the respondent鈥檚 conduct has not met the University鈥檚 community standards. 

4.6. Business Day 

All weekdays, excluding University closures and statutory holidays. 

4.7. Complaint 

A report to the Student Conduct Office of an alleged breach of community standards under the Student Code that initiates a complaint resolution process. 

4.8. Complainant: 

The person filing the complaint of an alleged breach of community standards under the Student Code. In appropriate circumstances, the University may act as the complainant. 

4.9. Decision-Maker 

The role responsible for making the decision as to whether there has been a breach of the community standards, and to assign appropriate accountability measures where a breach has been found. The Student Conduct Specialist; the Executive Director, Student Affairs; or the Vice-Provost, Students, or their designate, may act as the decision-maker.  

4.10. Interim Measure 

A temporary measure put in place to protect the complainant, the University community, and the integrity of the investigation and decision-making process. Interim measures are non-disciplinary and without prejudice to the ultimate outcome of the complaint resolution process. The decision to extend an interim measure of suspension may be appealed as outlined in the Procedures.  

4.11. Investigator 

The role responsible for collecting evidence, making findings of fact and analysing whether the facts constitute a breach of the Student Code.  

4.12. Parties 

The complainant and the respondent. 

4.13.. Representative

 A person who assists either party at an appeal before the Senate Appeals Committee (鈥淪AC鈥�). A representative may be a paralegal, lawyer, advocate, or any other person. 

4.14. Reprisal 

Retaliating or threatening or attempting to retaliate against a person for filing a complaint under the Student Code, cooperating with or participating in a complaint resolution process or otherwise pursuing their rights under the Student Code. 

4.15. Respondent 

The student alleged to have breached the Student Code. 

4.16. Restitution 

Compensation by way of a sum of money, material replacement, or services rendered to cover the losses or damages from a breach of the Student Code. 

4.17. Restorative Justice 

A form of alternative resolution, restorative justice approaches include processes such as facilitated discussions or circle processes. During such processes, those who have caused harm will actively engage in understanding the harm that was caused and its impact and all participants will participate in holding those who have caused harm accountable not only for their past actions but for shaping the future. 

4.18. Student 

Students include all currently enrolled students, including full-time and part-time undergraduate, graduate, postgraduate students, including G. Raymond Chang School of Continuing Education students, Lincoln Alexander School of Law students, the School of Medicine students as well as former students if they were enrolled at the time of the alleged breach of the Student Code. 

4.19. Student Group 

Student organizations including student governments, societies, clubs, and groups.  

4.20. 吃瓜直播 Community Members (鈥淯niversity community members鈥�) 

University students, faculty, staff, contractors, volunteers, and guests. Faculty includes tenure and tenure-track faculty, librarians, professional counsellors, limited term faculty, contract lecturers, as well as adjunct, clinical, and visiting faculty. Staff includes all non-faculty employees, including full-time, part-time, and casual employees and student-staff. 

4.21. 吃瓜直播 Premises 

Toronto or Brampton University campuses, limited to University care and controlled property, lands, buildings, and grounds either rented, leased, or owned for University use or using University-owned or run property or equipment (including, but not limited to, telephones, computers, and computer networks), or during online courses, meetings, and programs.

5. Values and Principles

5.1. Equity, Diversity, Inclusion, and Belonging 

The University is committed to equity, diversity, inclusion and belonging. The University is a diverse community and each person鈥檚 experiences are shaped by many factors, including intersectional identities, as well as history and lived experiences, including experiences of colonization, intergenerational trauma, systemic oppression and socioeconomic status.  

The University is committed to ensuring that its education, support services, and complaint resolution processes apply an anti-oppression framework and a trauma and violence-informed approach recognizing the intersectional identities of each University community member.  

5.2. Freedom of Expression

Freedom of expression is the cornerstone of education at the University and has its foundation in the Canadian Charter of Rights and Freedoms, which protects freedom of thought, belief, opinion and expression. 

As outlined in the University鈥檚 Statement on Freedom of Speech, the University unequivocally embraces the free exchange of ideas and the ideal of intellectual engagement within a culture of mutual respect. To achieve and sustain this ideal, University Community members must have freedom of thought and expression and the freedom to consider, inquire, and write or comment about any topic without concern for widely held or prescribed opinions. 

The Student Code is not intended to inhibit freedom of expression. However, in exercising this freedom there is a responsibility on all University community members, including students, to respect the rights of others to a respectful learning, teaching, living, research and work environment at the University. 

5.3. Commitment to Support for People Affected by Conduct that does not Meet Community Standards 

The University is committed to supporting people who are involved in a complaint resolution process or who have been impacted by conduct that breaches the Student Code. 

The University recognizes that each student鈥檚 needs may be different. The Office of Student Care will work with students in determining their support and/or academic consideration needs and assist them in accessing those supports.  

Workplace Wellbeing Services in Human Resources is available to coordinate support for impacted faculty and staff.

5.4. Accountability through Alternative Resolution (鈥淎R鈥�) or Accountability Measures  

The Student Code is meant to ensure student accountability, whether through AR or assigned accountability measures. Where appropriate, the University encourages AR, which refers to a range of voluntary processes of complaint resolution that does not include investigation or decision-making.  

In contrast, accountability measures are assigned by a decision-maker following an investigation. In assigning accountability measures, the decision-maker will follow the principles of progressive discipline which is premised on increasing accountability measures with repeated breaches of community standards.  

Using both AR and accountability measures, the University seeks to educate, support, and hold students accountable for their actions. 

5.5. Amnesty and Harm Reduction Principles 

The University seeks to promote help-seeking behaviour and encourages students to reach out for assistance for themselves or others as needed. Because students鈥� safety and wellbeing are a top priority, amnesty may be available to students requesting assistance for themselves or for another person, and also for students for whom assistance was provided. 

5.6. Alignment of the Student Code with Other University Policies and Statements  

The Student Code is the foundational policy that governs non-academic student conduct at the University. In addition, students should conduct themselves according to the University鈥檚 various policies and statements. For example: the University鈥檚 educational mission and policies, the values stipulated in the University鈥檚 Senate Policy Framework, the University鈥檚 Academic Plan, the University's Statement of Student Rights and Responsibilities, the Discrimination and Harassment Policy, the Sexual Violence Policy, Policy 60: Academic Integrity and Residence Community Standards.

A student may also be an employee of the University, and in this case, employment policies may apply to their conduct. 

6. Community Standards for Non-academic Student Conduct

Students are to comply with all municipal, provincial, and federal laws and any professional standards related to their course of study. The Student Code does not replace laws, regulations, professional standards, or other University policies. In some cases, the University may notify the 8 police or relevant regulatory bodies if they become aware of alleged behaviors that are in breach of law or professional obligations. 

Students at the University are expected to conduct themselves in a manner that supports the University as a learning, teaching, living, research, and work environment where the rights and responsibilities of all University community members are respected.  Below is a non-exhaustive list of conduct that does not meet the University鈥檚 community standards: 

6.1. Violence, and/or Threats of Violence, to a Person鈥檚 Physical or Mental Wellbeing 

Engaging in behaviour that results in or has a high likelihood of physical or mental harm. Examples may include assault, hazing, and threats made in person or in the online environment.

6.2. Harassment

Engaging in a course of vexatious comment or conduct against a University community member that is known or ought reasonably to be known to be unwelcome. Typically, harassment involves a series of multiple incidents; however, a single egregious incident may, in some circumstances, constitute harassment. Examples may include a series of harmful remarks, gestures, actions, or contact; verbal abuse; non-verbal abuse; distributing malicious or untrue information; and harmful online posts or messages.  

Sexual harassment and harassment based on the protected grounds outlined in the Ontario Human Rights Code are addressed under the University鈥檚 Sexual Violence Policy and Discrimination and Harassment Policy, respectively.

6.3. Disrupting or Interfering with University Operations

Disrupting or interfering with a University class, examination, event, or operation which reasonably has a negative impact on the learning, teaching, living, research or work environment of University community members. Examples may include causing a dangerous situation; setting off a false fire alarm; providing false identification or documentation.

6.4. Damage to or Theft of University and Community Members鈥� Property

Damaging, vandalizing, destroying, or stealing the property of the University or University community members. Examples may include misappropriation or unauthorized possession of University or personal property, or stealing a University community member鈥檚 possessions. 

6.5. Conduct that Breaches University Policies and Procedures

Breaching a directive in another University policy and procedure applicable to student behaviour. The Student Code鈥檚 complaint resolution processes may be used to resolve allegations of a breach of another University policy, protocol, directive, or decision, where, for example, it does not contain a complaint resolution process or the accountability measures provided for in the other University policy would not be appropriate if a breach is found. Examples may include the Residence Community Standards; the Acceptable Use of Information Technology Policy; Smoking and Vaping Policy, and other Health and Safety directives; and the unauthorized use, duplication, falsification, or access to keys, OneCard, or spaces on campus.

6.6. Abuse of the Student Code or other University Policies 

Not acting in good faith in relation to University policies. Examples may include making a frivolous, vexatious, or bad faith complaint; breaching confidentiality expectations; engaging in reprisal; breaching assigned interim measures and failing to comply with assigned accountability measures under the Student Code or another University policy.  

7. Confidentiality and Privacy

Confidentiality is critical in creating a culture and environment where people feel safe in making a complaint and seeking support under the Student Code. The University expects all University community members involved in a complaint resolution process to keep confidential, outside the people supporting them, any personal information they learn in a complaint resolution process.  

The University will only share information related to a complaint on a need-to-know basis when it is reasonably necessary for the implementation of the complaint resolution processes under the Student Code and/or to comply with the University鈥檚 legal obligations. For example the Student Conduct Office and other University offices may be required to share information when: 

• It is necessary for the implementation of the complaint resolution process under the Student Code, for example, to implement interim measures, conduct an investigation, make a decision, or apply accountability measures. 
• There is a duty to investigate under the Occupational Health and Safety Act, or other legislation. 
• There is a duty to report. For example, when a person is at risk of life-threatening self-harm, or at risk of harming others or where there is a risk to the safety of the University and/or University community members. 
• There is a legal duty to inform a professional regulator. A professional regulator is a governing body responsible for overseeing and regulating certain professions. The 10 Student Conduct Office and other University offices may otherwise need to disclose information as required by law.  

The University protects personal information and handles records in accordance with its policies, such as the Privacy and Access to Information Policy, as well as the Freedom of Information and Protection of Privacy Act, other applicable provincial and federal privacy legislation and regulations, and the provisions of applicable employee collective agreements.

8. Records

A record of the case files and final decisions made under the Student Code will be kept according to the University's record management policy. 

9. Distribution and Communication of Policy

All Senate policies are posted on the Senate website.

10. Timelines Under This Code and Related Procedures 

Any timeline under the Student Code or related Procedures may be extended by the Student Conduct Office or decision-maker with notice to the relevant parties.

11. Procedures Under the Student Code

Updates to the Procedures are the responsibility of the Office of the Vice-Provost, Students. Should the Office of the Vice-Provost Students consider procedural changes that are significant, the Student Conduct Office will convene a committee to provide recommendations for this purpose.  

12. Roles and Responsibilities 

Note: The name or title of University offices and positions change from time to time, which may not be immediately reflected in the Student Code. If a University community member has any questions regarding a name or title that does not match what is found in the Student Code, they are invited to seek clarification from the Student Conduct Office.

12.1. All 吃瓜直播 Community Members

• Build a community that values equity, diversity, inclusion, honesty, respect, and the wellbeing and dignity of all community members. 
• Report to Community Safety and Security if an incident is witnessed that compromises the safety of the community. 
• Cooperate with a complaint resolution process, if requested. This includes, but is not limited to, responding to communications from the Student Conduct Specialist in a timely manner, participating in good faith in information gathering and/or investigation interviews and providing documentary or other evidence, as requested. 
• Keep personal information of others and Student Code outcomes confidential. 

12.2. Students 

• Be aware of the University鈥檚 community standards and expectations.
• Monitor student email accounts, including during exam periods and holidays.  

12.3. Staff and Faculty  

• Follow the Student Code Procedures to address student conduct that may be a breach of community standards.

12.4. Senate 

• The University Senate holds academic authority and is responsible for maintaining, communicating, and approving Policy 61: Student Code of Non-Academic Conduct. 

12.5. Senate Appeals Committee Panel 

• The panel established by the Secretary of Senate, responsible for reviewing appeal submissions and upon evaluating the evidence provided, makes a decision on the appeal as outlined in the Procedures. SAC decisions are final and not appealable. 

12.6. Vice-Provost, Students

• Oversee the operation of Student Affairs. 
• Ensure appropriate support and services are put in place in the units reporting to the Office of Vice-Provost, Students. 
• Work in close partnership with the Executive Director, Student Affairs and Director, Student Care and Sexual Violence Support to interpret and apply the Student Code. 
• Assign interim measures, make decisions and determine appeals as outlined in the Procedures. 
• May assign a designate for decision-making or appeals for operational reasons or where there is a conflict of interest.  

12.7. Executive Director, Student Affairs 

• Oversee the operation of Student Care and Sexual Violence Support.
• Ensure appropriate supports and services are put in place in the units reporting to Student Affairs. 
• Work in close partnership with the Vice-Provost, Students and Director, Student Care and Sexual Violence Support to interpret and apply the Student Code. 
• Assign interim measures, make decisions and determine appeals as outlined in the Procedures. 
• May assign a designate for decision-making or appeals for operational reasons or where there is a conflict of interest. 

12.8. Director, Student Care and Sexual Violence Support, Student Affairs 

• Oversee the operation of the Office of Student Care and the Office of Sexual Violence Support and Education, Consent Comes First. 
• Work in close partnership with the Vice-Provost, Students and Executive Director, Student Affairs to interpret and apply the Student Code. 
• May assign a designate for the decision-maker for operational reasons or where there is a conflict of interest. 

12.9. Office of Student Care, Student Affairs 

• Provide advice and consultation regarding student conduct and students in distress. 
• Ensure all community members, including students who have been harmed or who have caused harm, are treated with care, empathy, and dignity and are provided with the services and support they require. 
• Associate Director, Student Care, supervises the Student Conduct Office.

12.10. Student Conduct Office, Student Affairs 

• Administer the Student Code and its Procedures. 
• Provide advice and consultation regarding student behaviour, complaints, and the complaint resolution process. 
• Manage education and training about the Student Code and the complaint resolution process, including inquiries, consultations, alternative resolution, investigations, decision-making and enforcement of accountability measures under the Student Code. 
• May assign a designate for review, investigation, and decision-making for operational reasons or where there is a conflict of interest. 

12.11.  Student Conduct Specialist, Student Conduct Office, Student Affairs

• Receive complaints, conduct reviews, determine the most appropriate complaint resolution process, assign interim measures, and make decisions as outlined in the Procedures. 
• May assign a designate for review, investigation, and decision-making for operational reasons or where there is a conflict of interest. 

12.12. Community Safety and Security

• Provide appropriate services and referrals where an alleged breach of community standards has occurred. For example, documenting incidents, offering safety planning, assisting complainants who choose to report to police, referral of community members to the Office of Student Care, assisting the Student Conduct Specialist with investigations, and enforcement of outcomes and accountability measures where appropriate.
• Provide advice and guidance regarding behavioural intervention, risk assessment, mitigation, and management, crisis response, and emergency procedures and response. 

12.13. Human Rights Services

• Work in coordination with the Student Conduct Specialist to manage the complaint resolution process for incidents with intersectional jurisdiction under the Student Code, the Sexual Violence Policy, and the Discrimination and Harassment Policy. 

12.14. Consent Comes First

• Provide support and services for students who have been impacted by sexual and/or gender-based violence. 
• Develop and implement with on- and off-campus partners the awareness, prevention, education, and training strategy regarding sexual and gender-based violence for students and appropriate student staff. 

13. Related Policies 

The University鈥檚 Senate Policy Framework,

TMU University鈥檚 2025-2030 Academic Plan

The TMU Discrimination and Harassment Policy, 

TMU Sexual Violence Policy, 

Policy 60: Academic Integrity 

 

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Procedures - Policy 61: Student Code of Non-Academic Conduct 

1. Introduction and Purpose

The purpose of these Procedures is to outline the complaint resolution process under the Student Code.  

2. Complaint Resolution Process Principles

2.1. Complaint Resolution Processes

The Student Conduct Office receives complaints of alleged breaches of community standards and the Student Conduct Specialist determines the most appropriate process to be followed in order to resolve the complaint. In most cases, the complaint resolution process will proceed with either AR or investigation and decision-making. However, the Student Conduct Specialist has the discretion to amend the complaint resolution process in appropriate circumstances. The steps in the complaint resolution process are not necessarily linear. The Provost & Vice-President Academic and the Dean or leaders of the offering units oversee the financial and operational aspects of Non-Credit Programs. The Provost & Vice-President Academic retains authority to discontinue any offering.

Alternative Resolution

The Student Conduct Specialist will consider whether AR processes are appropriate to resolve the complaint. AR refers to a range of voluntary processes of complaint resolution that does not involve investigation or decision-making.  

Investigation

If the complaint is not resolved through AR, the Student Conduct Specialist will investigate complaints under the Student Code. An investigation involves collecting evidence, making findings of fact and analysing whether the facts constitute a breach of the Student Code. The Student Conduct Specialist will then prepare an investigation report outlining the findings of fact and analysis. 

Decision-Making 

Following the investigation, the Student Conduct Specialist will review the investigation report and may: 

• Make a finding as to whether there has been a breach of the community standards and assign appropriate accountability measures if a breach has occurred. 

OR

• Where the Student Conduct Specialist believes that if a breach of community standards is found, and accountability measures may be assigned that are greater than they are authorized to assign under Procedures 3.8, the Student Conduct Specialist will share the investigation report with the Executive Director, Student Affairs or the Vice-Provost, Students to make findings as to whether there has been a breach of the community standards and to assign the appropriate accountability measures if a breach has occurred. \

2.2. Accommodation

The Student Code and the complaint resolution process will be interpreted and applied in accordance with relevant law and University policies and procedures, including the Ontario Human Rights Code and the duty to accommodate. Participants should raise if they require accommodation to participate in the complaint resolution process with the Student Conduct Specialist.

2.3. Trauma and Violence-Informed Approach

Trauma and violence-informed approaches and practices are based on an understanding of the impact of trauma and violence on a person鈥檚 life and behaviour.  The University recognizes that the complainant, respondent, and witnesses may have experienced trauma and violence in their lives. A trauma and violence-informed approach includes training on connections between violence, trauma and behaviours; providing support services; and respectful and transparent communications between the investigator, the decision-maker and the parties. It also includes ensuring understanding and consideration for how trauma and violence affects people鈥檚 memories, responses and behaviours during incidents of concern and during the investigation process. 

2.4. Support Persons

Complainants, respondents, and witnesses may attend any meetings in the complaint resolution process with a support person of their choosing. Support persons may include but are not limited to an Elder, spiritual advisor, friend, family member, Advocate, legal professional or colleague. A support person cannot be a person with direct knowledge of or involvement in the incident that is the subject of the complaint resolution process.  

A support person provides support and does not act as an advocate or speak on behalf of the complainant or respondent in the complaint resolution process. 

A support person has the same obligations to maintain confidentiality as the complainant, respondent or witness. 

2.5. Anti-Oppression Framework

The Student Conduct Specialist will manage the complaint resolution process under the Student Code and Procedures using an anti-oppression framework that involves recognizing systems of oppression and the power imbalances arising from such systems, including but not limited to ableism, ageism, colonialism, homophobia, racism, sexism, transphobia. 

2.6. Procedural Fairness

The University has a duty to be fair to all parties in the complaint resolution process. 

Principles of procedural fairness require that a respondent be aware of the allegations against them, be provided with a full and fair opportunity to respond to the allegations, and that both the complainant and the respondent have a full and fair opportunity to respond to relevant evidence presented in an investigation. 

Procedural fairness includes the right to an investigator and decision-maker who is neutral and impartial. This means that the investigator and decision-maker should not be biased, should have an open mind, should not have a personal interest in the outcome of the matter, and should consider all the evidence before arriving at their findings of fact and analysis. 

The way in which the duty to be fair is demonstrated in the process is context-specific. For example, the more serious the allegations in the complaint and the more severe the potential accountability measures, the higher the level of procedural fairness required. 

2.7. Transparency and Communications

The complainant, respondent and witnesses will be advised of their rights and responsibilities related to the Student Code.  

The complainant and respondent, as necessary, will be provided with progress updates and informed of any decisions throughout the complaint resolution process, subject to the University's obligations surrounding privacy and confidentiality under applicable policy and law. 

Consistent with Senate Policy 157, all formal notification and delivery of documents under the Student Code and the Procedures will be by email to a torontomu.ca email account. 

2.8. Notifying Other University Offices  

Appropriate staff and offices at the University will be notified of AR agreements, interim measures and decisions where necessary for the purpose of coordination, implementation, or otherwise in accordance with the Freedom of Information and Protection of Privacy Act and the University鈥檚 policies and procedures pertaining to privacy. 

3. Complaint Resolution Process 

3.1. Initiating a Complaint 

3.1.1. Filing a Complaint 

Any current student, faculty/contract lecturer, or staff member may file a complaint. The University does not accept anonymous complaints. A complaint may be initiated by completing a complaint form found on the Student Conduct Office website. A complaint may also be initiated by email to or following a meeting with the Student Conduct Specialist. The complaint may also take the form of a report from the University鈥檚 Community Safety and Security or a University Residence Incident Report.  

3.1.2. Required Information in a Complaint 

Complaints submitted to the Student Conduct Specialist should include: 

• The complainant鈥檚 name and contact information, including TMU email address, and status within the University. 
• A description of the alleged breach of community standards, including location and time, if available.
• Names of any witnesses and their contact information, if available. 
• Supporting documentation, if available. 3.1.3. Time Limit for Filing a Complaint A complaint must be filed within thirty (30) business days of the alleged breach of community standards. The Student Conduct Office may extend this time limit in extenuating circumstances.

3.1.3. Time Limit for Filing a Complaint 

A complaint must be filed within thirty (30) business days of the alleged breach of community standards. The Student Conduct Office may extend this time limit in extenuating circumstances. 

3.1.4. University as Complainant  

In some cases, the University may elect to be the complainant in a complaint resolution process under the Student Code. Examples of such circumstances include but are not limited to: 

• When the Student Conduct Specialist becomes aware of an alleged breach of community standards that presents a risk to the safety of University community members and/or the broader University community. 
• Where the University has a legal duty to investigate. For example, under the Occupational Health and Safety Act, all incidents of workplace violence, harassment that could lead to workplace violence, or domestic violence which may continue in the workplace must be reported and managed under University policies. 
• Where the person directly affected by the alleged breach of community standards wishes to be a witness in a complaint resolution process and not the complainant. The person may request to receive information about the general progress of the complaint resolution process, even if they choose not to participate in the process. The Student Conduct Specialist will consider their request while balancing applicable confidentiality and privacy obligations. 

3.2. Student Conduct Specialist Review

The Student Conduct Specialist will review the complaint and consider the following: 

3.2.1. Determine Jurisdiction to Proceed under the Student Code

The Student Conduct Specialist will assess whether the alleged conduct falls under the application and scope of the Student Code. If not, they will notify the person who made the complaint that the Student Code does not apply and close the file. In appropriate circumstances the Student Conduct Specialist will offer support to the person who made the complaint.  

In cases where the alleged incident may be covered by a different University policy, the Student Conduct Specialist may refer the complaint to the University office that processes such complaints and advise the complainant of the referral, and close the file. 

3.2.2. Assess Whether Alleged Breach of Community Standards May Also Be In Breach of Multiple University Policies 

Where an alleged breach of the community standards under the Student Code may also engage other University policies, the Student Conduct Specialist may coordinate and/or commence a joint complaint resolution process with the appropriate offices. 

3.2.3. Assess Whether to Apply Amnesty

At the discretion of the Student Conduct Specialist, students may be granted amnesty. The Student Conduct Specialist will consider the student鈥檚 decision to request assistance for themselves and others, and in most cases, view the act of seeking assistance as good judgment. If it is determined that amnesty applies to a situation, the students involved will not be 19 subject to an investigation; however, the Student Conduct Specialist may make a referral to appropriate supports or engage in an AR process with the student. 

3.2.4. Determine Whether to Proceed where there are Ongoing or Completed Other Policy, Civil or Criminal Proceedings 

The complainant or respondent must notify the Student Conduct Specialist if the substance of the alleged breach of community standards is also the subject of a completed or ongoing policy, civil or criminal proceeding (鈥渁lternate process or proceeding鈥�). The Student Conduct Specialist may also independently receive information of an alternate process or proceeding.  

If the alternate process or proceeding is completed, the Student Conduct Specialist will consider whether the substance of the alleged breach of community standards has already been appropriately addressed in the alternate process or proceeding. If so, the Student Conduct Specialist may choose not to proceed with a complaint resolution process under the Student Code, notify the person who made the complaint, and close the file. 

If the alternate process or proceeding is ongoing, and it may address the substance of the alleged breach of community standards, the Student Conduct Specialist may place the complaint resolution process under the Student Code on hold until it deems it is appropriate to proceed.  

In appropriate circumstances, the University may impose interim measures while the complaint resolution process is put on hold. 

3.2.5. Determine Whether to Place the Complaint Resolution Process on Hold or Administrative Closure

The Student Conduct Specialist has the discretion, in consultation with the Executive Director, Student Affairs or the Vice-Provost Students, to place the complaint resolution process on hold, or to administratively close the complaint, in exceptional circumstances. For example, where the respondent is in hospital or no longer a University community member. To administratively close the complaint means that the complaint resolution process will end without a finding of whether there has been a breach of community standards.  

In appropriate circumstances, the University may impose interim measures while the complaint resolution process is put on hold.

3.2.6. Determine Whether to Proceed

Given Student Group Status and Process Student groups formally recognized by independently incorporated and/or autonomous organizations may be subject to additional policies and processes from their approval body.  

In these circumstances, the Student Conduct Specialist has the discretion to determine, in their opinion, if the approval bodies鈥� policies and procedures are adequate to address the alleged 20 behaviours. If inadequate, the Student Conduct Specialist has the discretion to initiate the Student Code complaint resolution process, to place a complaint resolution process under the Student Code on hold, or may choose not to proceed under the Student Code. 

In appropriate circumstances, the University may impose interim measures while the complaint resolution process is put on hold.

3.3. Interim Measures

Interim measures may be assigned once the University becomes aware of an alleged breach of the community standards. Interim measures are assigned to protect the complainant, the respondent, the University community and the integrity of the complaint resolution process. Interim measures can range from a no contact order between parties, up to and including a suspension. The University may amend the interim measures assigned if new information comes to the attention of the University.  

3.3.1. Alleged Breach of Interim Measures

Should the University receive an allegation of non-compliance with interim measures during the complaint resolution process or during the appeal process, the Student Conduct Specialist may investigate this allegation as part of the ongoing complaint resolution process, or by initiating a new complaint resolution process.  

3.3.2. Interim Measures Imposed by the Student Conduct Specialist 

The Student Conduct Specialist may assign a no contact order between the respondent and the complainant and other potential participants in the complaint resolution process.  

The Student Conduct Specialist may also separate the respondent and the complaint. For example, this may include organizing alternate educational or residence arrangements.  

The Student Conduct Specialist may also restrict the respondent鈥檚 access to particular areas, buildings, services, resources, or activities of the University that have no academic impact on the respondent.  

3.3.3. Community Safety and Security Measures

Nothing in the Student Code affects the University's ability to respond to and address health and safety concerns, including, without limitation, its exercise of discretion under the Trespass to Property Act to control who enters and engages in activities on University premises. 

In circumstances where a current student is restricted from certain areas of campus or has been barred from campus, Community Safety and Security will immediately refer the matter to the Student Conduct Specialist. 

The Executive Director, Student Affairs will, within two (2) business days, decide whether to impose interim measures under the Student Code. 

3.3.4. Interim Measures imposed by the Executive Director, Student Affairs 

The Executive Director, Student Affairs may assign, based on a recommendation from the Student Conduct Specialist, a range of restrictions, up to and including campus restrictions and full suspension, for up to ten (10) business days if they receive information that leads them to believe that a student鈥榮 continued presence on campus poses a risk of harm to the University community, the safety of others is endangered, damage to University property is likely to occur, or the continued presence of the student would be disruptive to the legitimate operations of the University. 

After the ten (10) business days, the Executive Director, Student Affairs may impose an additional thirty (30) business days of interim measures including campus restrictions or extend an interim suspension. These interim measures may be further extended at thirty (30) day intervals at the discretion of the Executive Director, Student Affairs. 

A respondent may appeal a decision to extend an interim measure of suspension to the SAC (see Procedures 4.2). 

3.3.5. Consideration of Appropriate Complaint Resolution Process

The Student Conduct Specialist will consider whether AR or investigation and decision-making is the appropriate complaint resolution process. 

3.4. Alternate Resolution (AR) 

The Student Conduct Specialist will consider if AR processes, at any stage in the complaint resolution process, are appropriate. If so, the Student Conduct Specialist will speak to both parties to seek their consent to proceed. 

AR processes are voluntary, and the parties must consent to their participation. Anything said in an AR process cannot be used against a party should the matter return to the investigation and decision-making process. 

While many elements may affect whether AR is appropriate in the circumstances, the complaint will normally proceed to investigation and decision-making if: 

• Either party does not consent to an AR process. 
• A resolution is not reached. 
• A resolution is reached, but the respondent does not comply with the resolution within the specified time period. 
• A resolution is reached, the respondent completes the terms but continues to engage in similar conduct which breaches the Student Code, which becomes known to the Student Conduct Specialist.  

If the complainant and respondent are able to reach a resolution, a written record of the resolution will be prepared by the Student Conduct Specialist. The Student Conduct Specialist will keep a copy of the agreement on file.

3.5. Investigation

An investigation is a careful collection and examination of evidence to determine facts. The investigator will conduct a thorough investigation that is neutral, balanced, fair and free of arbitrariness and discrimination. 

The investigator will conduct interviews with the complainant and the respondent, as appropriate, and may need to meet with each party several times during the course of the investigation. The complainant and respondent will have the opportunity to provide the investigator with information, documents, names of witnesses, and other submissions or evidence that they believe are relevant to the investigation.  

The investigator will ensure that both the complainant and respondent have the opportunity to review and respond to all material aspects of the allegations that make up the complaint, and the evidence upon which the investigator will rely. The investigator will then prepare an investigation report that makes findings of fact and analysis of whether there has been a breach of community standards.  

In most cases, an investigation will be completed in thirty (30) to sixty (60) business days. If an investigation will take longer than sixty (60) business days, the parties will be given notice of the extension. 

In most cases, the Student Conduct Specialist will be the investigator and will conduct the investigation. Investigations include the following steps:

3.5.1. Meeting with the Complainant or Affected Witness

The investigator will schedule a meeting with the complainant, or affected witness, as soon as reasonably possible, with notice of the meeting given in advance. At that meeting, the investigator will strive to understand the complaint; explain the complaint resolution process; outline confidentiality expectations; identify any witnesses; identify and collect any documentary, electronic, video, or other evidence; and consider the appropriate complaint resolution process. 

The complainant will also be told that if they have any accommodation needs to participate in the complaint resolution process, they are to send this request to the Student Conduct Specialist in writing.  

The complainant is entitled to have a support person attend any meeting with the investigator.  

If the complainant does not respond to a request for a meeting or declines to meet with the investigator, the case may be closed. 

3.5.2. Notice to the Respondent

The Student Conduct Specialist will provide a written Notice of Complaint to the respondent, as soon as reasonably possible.  

The Notice of Complaint will provide: 

• A description of the allegations and notice that, if proven, may result in findings and accountability measures under the Student Code. 
• The identity of the person making the complaint, unless the Student Conduct Specialist decides not to do so due to safety concerns. 
• A request for the respondent to meet with the Student Conduct Specialist to discuss the complaint, the complaint resolution process, confidentiality expectations, and the potential accountability measures. 
• A statement outlining that the respondent is entitled to support and assistance from a support person of their own choosing.  
• A statement that if the respondent has any accommodation needs to participate in the complaint resolution process, they are to send this request to the Student Conduct Specialist in writing. 
• The Student Conduct Specialist鈥檚 contact information. 

3.5.3. Meeting with the Respondent 

The investigator will meet with the respondent and inform them of the complaint; explain the complaint resolution processes; inform them of the confidentiality expectations; identify any witnesses; identify and collect any documentary, electronic, video, or other evidence; and consider the appropriate complaint resolution process. 

The respondent is entitled to have a support person attend any meeting with the investigator.  

If the respondent does not meet with the investigator at the scheduled meeting or does not contact the investigator to reschedule the meeting, the investigator may complete the investigation and decision-making without input from the respondent. 

3.5.4. Meeting with Witnesses

The investigator will consider the witnesses identified by the complainant and respondent and contact any witnesses deemed relevant.  Witnesses are entitled to have a support person attend any meeting with the investigator.  

3.5.5. Further Meeting with Complainant or Respondent, as Necessary

The investigator may choose to meet with the complainant and respondent again if it is determined that the party has a right to reply to additional evidence submitted. 

3.6. Decisions

Where the complaint has not been resolved by AR processes, the appropriate decision-maker, considering the findings of the investigation, will make a decision on a balance of probabilities as to whether there has been a breach of the community standards and assign appropriate accountability measures if a breach occurred, and may also make recommendations. 

3.6.1. Timeline for Decisions made by the Student Conduct Specialist

Within ten (10) business days of the completion of the investigation, the Student Conduct Specialist will issue a decision letter which will make findings as to whether there has been a breach of community standards and assign appropriate accountability measures.  

3.6.2. Timeline and Process for Decisions made by the Executive Director, Student Affairs or the Vice-Provost, Students

Where the Student Conduct Specialist believes that if a breach of community standards is found to have occurred, and a more severe accountability measure than they are authorized to assign under Procedures 3.8  is likely, within ten (10) business days of the completion of the investigation, the Student Conduct Specialist will send the investigation report and all relevant evidence and submissions to the Executive Director, Student Affairs or the Vice-Provost, Students to issue a decision letter. 

The Executive Director, Student Affairs or the Vice-Provost, Students may conduct additional inquiries as they deem necessary. The decision-maker shall provide the complainant and respondent with an opportunity to know and respond to any additional relevant information obtained during their inquiries. 

The Executive Director, Student Affairs or the Vice-Provost, Students may consult as necessary before assigning accountability measures; for example, they may consult with the Vice-Provost and Dean, Yeates School of Graduate and Postdoctoral Studies when considering de-enrollment, suspension, or expulsion of a graduate student. 

Within ten (10) business days of the conclusion of any additional inquiries and consultation, or of receiving the investigation report if no additional information is needed, the decision will be made and a decision letter will be issued.  

3.6.3. The Decision Letter

The decision letter will include: 

• A summary of the allegations. 
• The information provided by the complainant, respondent, and any witnesses. 
• The findings, which will include a determination of whether or not a breach of the Student Code occurred, and the reasons for the findings. 
• Assigned accountability measures. 
• Rights of appeal and information about how to appeal the decision.

3.7. Assigning Accountability Measures and Making Recommendations 

3.7.1. Assigning Accountability Measures 

Accountability measures are assigned by a decision-maker following a decision that there has been a breach of community standards. A decision-maker assigns accountability measures proportionate to the breach of the community standards and in consideration of the full context and the principles of progressive discipline. 

Accountability measures can range from a requirement to attend an educational program, up to and including expulsion. 

When assigning accountability measures, the decision-maker will consider full context and may consult with relevant University staff and offices. Considerations may include, but are not limited to, the severity of the breach, the harm caused, whether the action forms part of a pattern of behaviour, whether the respondent has demonstrated taking accountability for their actions, whether the respondent has sought support for underlying conditions that led to the breach, the recommendations of the parties, existing consequences related to the incident, and the principles of progressive discipline. 

Accountability measures are in effect once a decision letter is issued to the respondent. The duration of the accountability measures will be clearly communicated to the respondent. Accountability measures remain in place during an appeal process. 

3.7.2. Implementing Accountability Measures  

In implementing accountability measures, the Student Conduct Specialist will attempt to work with the respondent to find reasonable solutions, to the extent possible, so as to not impede the student鈥檚 academic progress. 

3.7.3. Supports With Respect to Accountability Measures

For students involved in the complaint resolution process, the Student Conduct Specialist will work with the Office of Student Care to ensure appropriate supports are in place to support students impacted by the implementation of assigned accountability measures. For staff and faculty impacted, Workplace Wellbeing Services is available to offer support. 

In circumstances where a respondent indicates their intention to return to studies after the completion of an assigned accountability measure that involved suspension, the Student Conduct Specialist will work with the respondent to develop a plan for their return to studies including connecting to campus and community resources and supports. 

3.7.4. Compliance with Accountability Measures 

Respondents are required to complete and comply with their assigned accountability measures. 

Should the University become aware of an allegation of non-compliance with accountability measures, the University may initiate a new complaint based on the alleged non-compliance.  

If the respondent fails to complete the assigned accountability measures, the Student Conduct Specialist may place a service indicator on the student鈥檚 account until the accountability measures are completed. 

3.7.5. Recommendations 

The decision-maker may make recommendations to the respondent in the decision. Recommendations are non-binding recommendations for specific actions or suggestions of resources to promote the learning, wellbeing, and success of the respondent. For example, the decision-maker may refer or recommend academic resources, student services or mental health/behavioural supports to the respondent. 

3.8. Accountability Measures that May be Assigned by the Student Conduct Specialist as the Decision-Maker

The Student Conduct Specialist has the discretion to assign the following accountability measures: 

3.8.1. Behavioural Expectations

A notice in writing to the respondent outlining their responsibility to engage in appropriate and respectful behaviours,  and/or refrain from particular conduct/harmful behaviours. 

3.8.2. Educational Activity

A requirement that the respondent completes a facilitated learning activity that promotes growth, reflection, and development. 

3.8.3. Professional Assessment and Support

A requirement that the respondent seeks risk assessment, and/or accountability counselling, and/or mental health treatment from the Centre for Student Development and Counselling or other approved professional and complete recommendations of the professional. 

3.8.4. Restitution 

Compensation by way of a sum of money, material replacement, or services rendered to cover the losses or damages up to and including $500.00. 

3.8.5. Restrictions on Services and Premises 

A limit on or loss of access to particular areas, buildings, services, resources, or activities of the University. 

3.8.6. Restrictions on Communication

An order to refrain from direct or indirect communication with another individual or group.

3.9. Accountability Measures that May be Assigned by the Executive Director, Student Affairs as the Decision-Maker

In addition to the accountability measures and recommendations that can be assigned by the Student Conduct Specialist, the Executive Director, Student Affairs has the discretion to assign one or more of the following accountability measures: 

3.9.1. Restitution

Compensation by way of a sum of money, material replacement, or services rendered to cover the losses or damages, up to and including the full cost of the losses or damages. 

3.9.2. De-enrollment

Withdrawal from a current course.

3.9.3. Limitations to Future Enrollment

Restriction from enrolling in a specific future course or any courses taught by a specific instructor. 

3.9.4. Non-Academic Disciplinary Suspension (鈥淣DS鈥�) 

Suspension for up to two (2) years. No courses may be taken at the University, including at the G. Raymond Chang School of Continuing Education, Lincoln Alexander School of Law, or the School of Medicine during the period of NDS. Courses taken at a different academic institution during the suspension period will not be credited towards GPA calculations, Academic Standing, or graduation requirements within the student鈥檚 program. 

An NDS will be noted on the student鈥檚 academic record and transcript until the student graduates or for eight (8) years, whichever comes first. For continuing education students, the NDS notation shall remain for two (2) years.  

At the discretion of the decision-maker, if the NDS is assigned during the course of the semester, students may be permitted to complete some or all of the courses they are enrolled in, and the suspension will become effective at the end of the semester. 

A student assigned an NDS may not be admitted to any program or certificate at the University until the specified period of suspension has been served and any specified conditions have been met. 

When an NDS is assigned to a graduate student, the Vice-Provost and Dean, Yeates School of Graduate and Postdoctoral Studies will be notified for the purposes of coordination. 

Students who subsequently graduate from another post-secondary institution may petition the Vice-Provost Students to remove the NDS notation from their transcript.  

Additionally, once a student has completed the assigned NDS, they may make a request to the Vice-Provost, Students to have the NDS notation removed from their transcript.  

In their request, the student should explain the reasons for wanting the notation removed. Requests are to be sent to this email address: vps@torontomu.ca. 

The Vice-Provost Students will respond in writing within thirty (30) business days with their decision to remove or maintain the NDS notation. 

3.10. Accountability Measures that may be Assigned by the Vice-Provost, Students as the Decision-Maker 

In addition to the accountability measures and recommendations that can be assigned by the Student Conduct Specialist and the Executive Director, Student Affairs, the Vice-Provost, Students has the discretion to assign the following additional accountability measures: 

3.10.1. Non-Academic Disciplinary Withdrawal (NDW)

Withdrawal from the University for at least two (2) years. No courses may be taken at the University, including at the G. Raymond Chang School of Continuing Education, Lincoln Alexander School of Law, or the School of Medicine  during the NDW. Courses taken at a different academic institution during this period will not be credited towards GPA calculations, Academic Standing, or graduation requirements within any program at the University. 

An NDW shall be permanently noted on a student鈥檚 academic record and on their transcript. When an NDW is assigned to a graduate student, the Vice-Provost and Dean, Yeates School of Graduate and Postdoctoral Studies will be notified for the purposes of coordination. 

A student assigned an NDW may not apply to the same program but may apply to any other program after serving the assigned NDW and after meeting any specific conditions as outlined by the Vice-Provost, Students. 

Once a student has completed the assigned NDW period, and following an additional two (2) year period, they may make a request to the Vice-Provost, Students to have the NDW notation removed from their transcript.  

In their request, the student should explain the reasons for wanting the notation removed. Requests are to be sent to this email address: vps@torontomu.ca. 

The Vice-Provost Students will respond in writing within thirty (30) business days with their decision to remove or maintain the NDW notation.

3.10.2. Expulsion 

Permanent removal of a student from the University. An expulsion shall be permanently noted on a student鈥檚 academic record and on their transcript. The student record is closed to changes.

4. Appeals

The complainant or respondent have the right to appeal as described below. A decision-maker cannot hear an appeal of their own decision. The person appealing the decision is referred to as 30 the appellant, and the other party is referred to as the respondent, and collectively they are known as the parties.  

4.1. Interim Measures and Accountability Measures during the Appeal Process 

All interim measures and accountability measures remain in place during the appeal process. Should the University receive an allegation of non-compliance with interim measures or accountability measures during the appeal process, the Student Conduct Specialist may investigate this allegation in a separate complaint resolution process, or may include the non-compliance allegation into the appeal process to determine appropriate accountability measures. 

4.2. Appeal of Interim Measures which Include an Extension of an Interim Suspension 

Where the Executive Director, Student Affairs has extended an interim measure of suspension, the respondent in the investigation may appeal the extension to the SAC. Appeals of an interim measure of suspension are conducted in writing only. The appeal form is available on the Senate website. 

Grounds for appeal are limited to the following: 

• That the Executive Director acted outside of their assigned authority under the Student Code. 
• That there was a fundamental procedural error that was substantially prejudicial to the appellant. 
• That the appellant has new evidence to present that could not reasonably have been presented earlier. 
• Compassionate grounds. 

The Senate Office will organize a written hearing on the interim measures only with a SAC and a Senate representative in attendance.  A decision letter will be issued within ten (10) business days. The SAC may confirm or amend the extension of the interim suspension. 

The appeal decision will be issued to the appellant and the initial decision-maker and all relevant parties. 

There are no further appeals from the appeal decision of the SAC. 

4.3. Appeal of Findings and/or Accountability Measures of the Student Conduct Specialist 

Within ten (10) business days from the date of issue of the decision letter, the respondent or complainant in the investigation may appeal all or part of the decision and/or accountability measures assigned by the Student Conduct Specialist to the Executive Director, Student Affairs. Appeals are to be sent to this email address: policy61appeals@torontomu.ca. 

When filing an appeal of a finding and/or an accountability measure, the appellant is required to explain the reasons for their appeal, for example: 

• The finding was not consistent with the evidence. 
• Evidence submitted was not considered by the investigator or decision-maker.
• The accountability measure was not appropriate or reasonable in the circumstances. 
• The complaint resolution process was not procedurally fair. 
• There is new evidence that could not have reasonably been presented earlier that could reasonably affect the decision. 
• Compassionate grounds. 

The onus is on the appellant to establish that the decision was not reasonable. 

The Student Conduct Specialist may file a response to the appeal within ten (10) business days. The appellant may file a reply to the response within five (5) business days. 

Appeals are generally based on the written reasons and responses received. The Executive Director, Student Affairs may choose to meet with the parties to gather more information. 

Within ten (10) business days of receiving all submissions, and meeting with the parties if required, the Executive Director, Student Affairs will decide the appeal. The Executive Director, Student Affairs may confirm, amend, or add additional findings or accountability measures, and issue the appeal decision letter to the appellant, the Student Conduct Specialist and all relevant parties. 

There is no further appeal from the appeal decision of the Executive Director, Student Affairs. 

4.4. Appeal of Findings and/or Accountability Measures from Decisions of Executive Director, Student Affairs or Vice-Provost, Students Where the Assigned Accountability Measures Do Not Include Restitution over $500, De-enrollment, Limitations to Future Enrollment, NDS, NDW, or Expulsion

Within ten (10) business days from the date of issue of the decision letter, the respondent or complainant in the investigation may appeal all or part of the decision and/or accountability measures assigned by the Executive Director, Student Affairs or the Vice-Provost, Students where the accountability measures assigned do not include restitution over $500, de-enrollment, limitations to future enrollment, NDS, NDW, or expulsion (i.e. accountability measures under Procedures 3.8 that could have been assigned by the Student Conduct Specialist). Appeals are to be sent to this email address: policy61appeals@torontomu.ca. 

The appeal will be to: 

• Vice-Provost, Students where the decision was made by the Executive Director, Student Affairs. 
• Designate of Vice-Provost, Students where the decision was made by the Vice-Provost, Students. 

When filing an appeal of a finding and/or accountability measures, the appellant is required to explain the reasons for their appeal, for example: 

• The finding was not consistent with the evidence. 
• Evidence submitted was not considered by the investigator or decision-maker. 
• The accountability measure  was not appropriate or reasonable in the circumstances. 
• The complaint resolution process was not procedurally fair. 
• There is new evidence that could not have reasonably been presented earlier that could reasonably affect the decision. 
• Compassionate grounds. 

The onus is on the appellant to establish that the decision was not reasonable. 

The initial decision-maker may file a response to the appeal within ten (10) business days. The appellant may file a reply to the response within five (5) business days. 

Appeals are generally based on the written reasons and responses received. The decision-maker may choose to meet with the parties to gather more information. 

Within ten (10) business days of receiving all submissions, and meeting with the parties if required, the Vice-Provost, Students or their designate will decide the appeal.  

The Vice-Provost, Students, or their designate, may confirm, amend, or add additional findings or accountability measures, and issue the appeal decision letter to the appellant, the Student Conduct Office and all relevant parties. 

There is no further appeal from the appeal decision under this section. 

4.5. Appeal of Findings and/or Accountability Measures from Decisions of Executive Director, Student Affairs or Vice-Provost, Students Where the Assigned Accountability Measures Include Restitution over $500, De-enrollment, Limitations to Future Enrollment, NDS, NDW, or Expulsion

Within ten (10) business days from the date of issue of the decision letter, the respondent or complainant in the investigation may appeal to the SAC all or part of a decision and/or accountability measures assigned where the accountability measures include restitution over $500, de-enrollment, limitations to future enrollment, NDS, NDW, or expulsion. The appeal form is found on the Senate website. 

Once an appeal has been filed, the Secretary of Senate will notify relevant parties of the appeal submissions and provide information of next steps.  

Appeals to the SAC will be heard in accordance with SAC Procedures as outlined in the 鈥淪enate Appeals Committee (SAC) Order of Hearing; Academic Integrity and Non-Academic Conduct Appeals (Policy 60 & Policy 61)鈥� document. 

All hearings are closed to the public due to privacy and confidentiality considerations.

The University does not record the Hearing and does not permit the parties to record the Hearing. The appeal decision letter will serve as the official record of the Hearing. 

The SAC may confirm, amend, or add additional findings or accountability measures, and issue the appeal decision letter to the appellant, the Student Conduct Office and all relevant parties. 

The Senate Office will provide the appeal decision letter to all the parties within ten (10) business days of the completion of the Hearing. 

There is no further appeal from the appeal decision of the SAC.