A. STATEMENT OF PRINCIPLES

Ryerson University is a learning, teaching, and work community of students, faculty and staff, committed to providing a civil and safe environment which is respectful of the rights, responsibilities, well-being and dignity of all of its members.

The Student Code of Non-Academic Conduct ("Code") reflects the expectation that students will conduct themselves in a manner consistent with generally accepted standards of behaviour and University regulations and policies, departmental policies, and in compliance with federal, provincial and municipal laws as well as professional codes of ethics that govern students who are members of some regulated professions.

The Code outlines, in a non-exhaustive manner, actions which the University considers to be non-academic misconduct offences and the range of remedies and/or penalties which may be imposed.

The principles underlying this Code are educational and whenever appropriate the University encourages informal resolution of minor incidents. However, when necessary due to unacceptable conduct, penalties will be imposed in the manner described in the 'Procedures' document aligned with this Code to ensure an acceptable standard is maintained.

The foundational principles upon which the Code has been built include:

1. Every student enjoys within the University all rights and freedoms recognized by law.

2. The University has an obligation to maintain safe and suitable conditions for learning, teaching and working.

3. Students will conduct themselves in a manner consistent with the educational mission and policies of the University.

4. The University is not concerned with the way students conduct their personal lives and will not institute disciplinary proceedings unless Ryerson's interests are affected, the actions have a negative impact on faculty, staff or other students, the actions damage the learning, teaching and work environment of the University, or the actions impact the peaceful and safe enjoyment of University housing by residents and neighbours.

5. This Code is normally applied on the basis of a written complaint.. In exceptional circumstances (e.g., where there is a risk of harm to a community member and/or the University has a legal obligation to act), the University may initiate proceedings based on information received (regardless of whether it is provided in writing at the time of the report).

6. All complaints will be handled and decision-making processes conducted in a manner consistent with the principles of natural justice and administrative fairness.

7. This Code will be applied regardless of the medium used for committing misconduct.

8. When a student's behaviour indicates a risk to others, then an interdisciplinary approach will be employed to assess risk and make recommendations.

This Code applies to non-academic conduct. Academic conduct is governed by the Student Code of Academic Conduct, Senate Policy 60.

Ryerson students, staff and faculty are responsible for familiarizing themselves with this Code.

B. APPLICATION OF POLICY

1. PEACEFUL ASSEMBLIES AND FREEDOM OF EXPRESSION

Nothing in this Code shall be construed to prohibit peaceful assemblies and demonstrations, lawful picketing, or to inhibit freedom of expression.

2. ON CAMPUS

This Code applies to all conduct which takes place on University land and premises either rented or owned or using University owned or run property or equipment including, but not limited to, telephones, computers and computer networks. Conduct of students who live in residence and which takes place in residence is also governed by the Residence Contract and Community Standards.

3. OFF CAMPUS

This Code applies to the conduct of students off campus:

a. When they have declared publicly that they represent the University;

b. When they are participating in an organized course activity;

c. When they are participating in a Ryerson University event that has been identified as such; or

d. In exceptional circumstances when the potential consequences of the conduct may adversely affect the complainant's course of learning, teaching or work at the University.

4. PERSONS COVERED BY THIS CODE

a. Currently enrolled students: Special, graduate, undergraduate, exchange, audit and continuing education students enrolled either full-time or part-time in classes, either credit or non-credit, of the University, including collaborative programs and when on placements that are part of their academic program;

b. Students active in a program but not currently enrolled in classes: students who are active in a program but not currently enrolled in classes including students who have been assigned a "REQUIRED TO WITHDRAW" Academic Standing.

c. Former Students: if the person was a Student at the time of the alleged violation of the Code. If any proceedings under this code cannot be initiated or completed because a person against whom a complaint has been filed is no longer a Student as defined in this section, the proceeding may continue if the person becomes a Student again.

Penalties levied under such circumstances shall be noted on the person's record and the person shall not be permitted to enroll for any class/course or courses at the University until such time as the penalty imposed has been fulfilled.

5. RELATIONSHIP TO OTHER POLICIES AND PROCEEDINGS

a. Code Does Not Supersede Other Policies - Nothing in this Code shall replace or supersede any complaint, grievance or appeal procedure set out in any collective agreement to which the University is a party, the Student Code of Academic Conduct, or other University policies (e.g. Discrimination and Harassment Prevention Policy, Civility Policy, Ryerson Student Computing Guidelines, Residence Contract and Community Standards, etc.).

When conduct may violate multiple policies the Student Conduct Officer will assess whether this Code should apply and how best to proceed to ensure a fair, expeditious and, where possible, streamlined approach.

b. Civil or Criminal Proceedings - Conduct that constitutes a breach of the Criminal Code or other statute, or that would give rise to a civil claim or action, should ordinarily be dealt with by the appropriate criminal or civil proceedings. In most cases formal resolution by the University of any allegations, which are the subject of a criminal or civil court proceeding will be suspended until the resolution of that proceeding.

In cases in which criminal or civil proceedings have not been taken or the proceedings would not adequately protect the University's interests, and/or provide adequate safety and risk mitigation measures, the University reserves the right to take action under this Code, including the application of interim measures.

c. Meeting requirements under the Occupational Health and Safety Act

Under the Ontario 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 in accordance with University policies.

C. OFFENCES PROHIBITED UNDER THIS CODE

The offences described in this Code are not intended to be exhaustive, but to provide reasonable parameters that will guide students in their actions. Violations could consist of a single act, repeated acts or form part of a pattern of behaviour that, taken together, constitutes a violation of the Code.

1. DISRUPTION OF LEARNING, TEACHING AND WORK

Students shall not behave in disruptive ways that obstruct the learning teaching and work environment.

2. MALICIOUS OR UNTRUE MATERIAL

Students shall not distribute malicious materials or materials they know to be untrue about faculty, staff or students.

3. THREATS AND HARM TO HEALTH AND SAFETY

Students shall not endanger, threaten, harm or encourage others to endanger, threaten or harm, or act in ways which would reasonably be perceived to endanger, threaten or harm the physical and mental well-being of community members.

4. UNAUTHORIZED ENTRY AND/OR PRESENCE

Students shall not enter, use or let someone else use non-public areas of the University without permission and must leave those premises if asked to do so by authorized University staff.

5. THEFT, DAMAGE AND DESTRUCTION OF PROPERTY

Students shall not steal, damage or destroy property of the University or a faculty, staff or other Student.

6. MISUSE OF FACILITIES, EQUIPMENT, MATERIALS OR SERVICES

Students shall not:

a. use any facility, equipment, material or service in a manner which might put another person at risk and without proper authority;

b. obtain any University equipment, material or service by fraudulent means or by knowingly providing false information.

7. MISUSE OF LIBRARY OR COMPUTER RESOURCES, SERVICES, EQUIPMENT AND NETWORKS

Students shall not:

a. remove borrow and/or retain books, equipment or other library material from the university libraries or designated areas of the Library without proper authorization;

b. mutilate, deface, intentionally misplace library books or material or in any way deprive others of access to library resources;

c. abuse any University computer or computer related facility, network or software, alter or remove computer files or software without proper authorization; purposefully misplace or deprive others of access to such computer resources;

d. use computer equipment on campus, software, networks, accounts, email accounts or computer services owned, leased and/or operated by the University in a manner inconsistent with the University's acceptable Use Guideline; for a malicious purpose; or to download, distribute or send offensive, discriminatory, and/or harassing material.

8. COMPLIANCE WITH DIRECTIONS FROM UNIVERSITY EMPLOYEES

Students are required to comply with directions of University employees (including faculty and staff) acting in the legitimate performance of their duties (e.g. regarding exam rules, instructor course management policies, smoking, evacuation, pets).

9. IDENTIFICATION ON REQUEST

Students are required to provide a valid form of identification (such as a Ryerson issued OneCard) to representatives of University Security & Emergency Services, exam invigilators, or other University employees where such information is relevant to the legitimate pursuit of their duties.

10. POSSESSION, USE OR DISTRIBUTION OF FALSE IDENTIFICATION

Students shall not possess, distribute or use false or altered identification.

11. HARASSMENT

Students shall not:

a. engage in activity that violates the Discrimination and Harassment Prevention Policy based on the grounds specified by the Discrimination and Harassment Prevention Policy (race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, disability);

b. engage in conduct which, although not based on the grounds specified by the Discrimination and Harassment Prevention Policy, is abusive, demeaning, threatening, or intimidating, or involves the misuse of authority or power.

12. MISCONDUCT RELATED TO THE USE OF ALCOHOL/DRUGS

Students shall not:

a. be drunk and disorderly in public;

b. possess, provide, or consume illegal drugs;

c. possess or consume alcoholic beverages, except when properly in attendance at a licensed campus pub or event, or as permitted under the Residence Contract;

d. possess or consume alcohol anywhere on University premises if under the age of nineteen (19) years;

e. provide alcoholic beverages to any person under the legal drinking age (nineteen (19) in Ontario).

13. HAZING

Students shall not engage in any act which endangers, or could reasonably be seen to endanger the mental or physical health or safety of a student, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

14. FIREARMS, EXPLOSIVES, WEAPONS

Students shall not use, possess, or distribute firearms, explosives, or other weapons, including replicas of firearms, explosives or other weapons.

15. UNAUTHORIZED USE OF DANGEROUS CHEMICALS

Students shall not use dangerous chemicals unless they have proper authority from the University.

16. FALSE, FRIVOLOUS OR MALICIOUS CHARGES

Complainants shall not knowingly bring a false, frivolous or malicious charge under this Code or any other policy of the University.

17. ABUSE OF THE STUDENT CODE OF NON-ACADEMIC CONDUCT

Students shall not falsify, distort or misrepresent information, or obstruct the application of this Code.

18. FAILURE TO COMPLY

Students shall comply with remedies and penalties outlined in Policy Section D1 and assigned by the Student Conduct Officer as a result of breaching the Code.

D. REMEDIES AND PENALTIES

The following penalties may be imposed for a breach of the Code or for failure of a respondent to comply with the remedies and penalties assigned under the Code as result of the breach. More than one penalty may be imposed concurrently for a single breach and/or failure to comply. When imposing a penalty the full context will be considered including elements such as but not limited to, the severity of the offence, the harm caused, pattern of behaviour, and whether the student has been found guilty of prior breaches of the Code. The Assessment of Behavioural Risk Team may be consulted in determining appropriate remedies or penalties or the need for supports (e.g. those provided by the Access Centre or the Centre for Student Development and Counselling).

1. PENALTIES IMPOSED BY THE STUDENT CONDUCT OFFICER

The following penalties may be imposed by the Student Conduct Officer:

a. Written reprimand - a notice in writing to the Student that the Student has committed or is committing an offence

b. Apology - an expression of regret for the offence in a form satisfactory to the Student Conduct Officer

c. Letter of Behavioural Expectations - an undertaking (i) not to engage in certain behaviour, and (ii) setting out the consequences if the letter is not followed, and in some cases (iii) that prescribes a range of actions to be taken (e.g. seeking counselling, a psychiatric assessment, registration with the Access Centre, attending services off campus that should help the student).

d. Community or University service or other activity that allows students to reflect on and learn from their behaviour of its impact

e. Restitution - compensation for loss, damage or injury in the form of monetary or material replacement

f. Restriction on communication, accessing premises and/or services - prohibition or limitation on entering University premises or specific parts thereof, restriction on contact with specific person(s), accessing a specific resource or service on campus (e.g., computer networks, RAC, etc.).

2. PENALTIES IMPOSED BY THE VICE PROVOST, STUDENTS

The following penalties may be imposed by the Vice Provost, Students, on the recommendation of the Student Conduct Officer:

a. De-enrollment from a single class

b. Non-Academic Disciplinary Suspension (NDS) for a period up to two (2) years.

i. The length of the suspension is determined by the Vice Provost, Students and may be recommended by the Student Conduct Officer.

ii. The NDS notation shall remain until students graduate, or for eight (8) years, whichever comes first. Students who subsequently graduate from another post-secondary institution may petition the Registrar's Office to have the notation removed. Continuing education students and part-time degree students may petition the Registrar to remove the NDS two years after the period of suspension has been served.

iii. No courses may be taken at Ryerson, including at The G. Raymond Chang School of Continuing Education during the period of NDS specified by the Vice Provost, Students. Course work taken elsewhere during the period of suspension will not be credited towards GPA calculations, Academic Standing or graduation requirements within the student's program.

iv. If the NDS is assigned during the semester, students may be permitted to complete some or all of the other classes in which they are enrolled, and the suspension will become effective at the end of the semester.

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

3. PENALTIES IMPOSED BY THE SENATE APPEALS COMMITTEE

The following penalties may only be imposed by the Senate Appeals Committee, on the recommendation of the Vice Provost, Students:

a. Non-Academic Disciplinary Withdrawal (NDW) - Students who are assigned an NDW for non-academic misconduct shall be withdrawn from the University for a period of at least two (2) years. An NDW shall be permanently noted on a student's academic record and official transcript.

i. A student who is assigned an NDW may not apply to the same program but may apply to any other program after serving the specified period of withdrawal and after meeting specific conditions established by the Senate Appeals Committee;

ii. No courses may be taken at Ryerson, including at The G. Raymond Chang School of Continuing Education, during the period of NDW. Course work taken elsewhere during this period will not be credited towards GPA calculations, Academic Standing or graduation requirements within any Ryerson program;

iii. For continuing education students, NDW will result in the student being prohibited from enrolling in any classes at Ryerson during the specified period, and from enrolling in certificate programs or classes as determined by the Senate Appeals Committee.

b. Expulsion - Students who are expelled from the University shall not be allowed to register in any program or enroll in any class of the University. Expulsion shall be permanently noted on a student's academic record and official transcript.

E. APPEALS AND HEARINGS

1. Burden and Standard of Proof: The burden of proof is on the University. This means that the University must demonstrate that the offence has occurred and, in the case of an appeal, that the remedy or penalty is reasonable given the nature of the offence. The standard of proof in all decisions shall be a balance of probabilities. This means that it must be shown that it is more likely than not that the student committed the offence.

2. Appeals of the charges brought by, or penalties imposed by, the Student Conduct Officer under Policy section D1, are to the Vice Provost, Students. If the Student Conduct Officer recommends a penalty under Policy section D2, the Vice Provost, Students shall be the decision maker.

3. Appeals of charges brought by, or penalties imposed by the Vice Provost, Students under Policy section D2 are to the Senate Appeals Committee.

4. If the Vice Provost, Students recommends a NDW or Expulsion, the Senate Appeals Committee shall hold a hearing.

5. Decisions of the Senate Appeals Committee are final.

6. Timeliness: Every effort will be made to ensure these proceedings are handled in an expeditious manner. Students may contact the Student Conduct Officer when they are concerned about delays in the process. The Student Conduct Officer may dismiss charges when the University unduly delays the process.

F. INTERIM MEASURES

1. DISRUPTION OF INSTRUCTIONAL ACTIVITIES

Disruption of instructional activities, including examinations, may be dealt with by the appropriate instructor as a matter of classroom discipline. The instructor may require the student to leave the area for the remainder of the particular class or examination. Any disruption that results in the removal of a student shall be reported to the Chair, Course Director or Program Director.

2. URGENT OR ON-GOING SITUATIONS AND RISK PERSONAL SAFETY

a. If there are reasonable grounds to conclude that a Student's continued presence on campus poses a risk of harm to the 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, it may be necessary to remove the Student from the University. In such cases, the Student Conduct Officer may recommend to the Vice Provost, Students that the Student be suspended from the University or be restricted from accessing specific areas on campus for up to five (5) working days. A temporary suspension must be reviewed by the Vice Provost, Students within the five (5) working day suspension period, and be either revoked or continued.

b. The Student Conduct Officer may also convene a meeting of the Assessment of Behavioural Risk Team in order to assess risk of harm to the Student or others and determine the best course of action to enhance safety.

c. In circumstances indicating a risk of self harm to the Student or others, Ryerson Security and Emergency Services may immediately and temporarily remove ("bar") a student from campus or a specified part of campus pending application of these Interim Measures and other parts of this Code.

d. If the suspension under (a) is continued, the student may request a hearing by the Senate Appeals Committee, who shall hear and decide on the matter within ten (10) working days. Grounds for appeal are limited to the following:

i. That the Vice Provost, Students had no power under this Code to reach the decision taken;

ii. That there was a fundamental procedural error seriously prejudicial to the appellant; or

iii. That the appellant has new evidence to present that could not reasonably have been presented earlier.

e. The hearing process outlined in Part F, 2(d) applies to Interim Measures only. Appeals for sanctions and remedies issued as a result of breaching the Student Code of Non-Academic conduct would follow the process described in Policy Part E.

f. Appeals of a bar issued by Security and Emergency Services pursuant to the provisions of Part F of the Code, shall be made to Security and Emergency Services.

G. POWER TO CREATE PROCEDURES UNDER THIS CODE

Procedures under this Code shall be established by the Vice Provost, Students in keeping with fair process and the principles of natural justice and in consultation with the Student Conduct Officer who shall convene a committee to provide recommendations for this purpose. The committee will include representatives from RSU and CESAR, and faculty among its members. Procedures shall be published annually at the start of each academic year. Published procedures shall be in effect for that academic year.

Procedures

Please consult the Student Code of Non-academic Conduct for the text of the Procedures. The Code can be found on-line at www.ryerson.ca/senate/policies/pol61.pdf