Board of Governors - APPENDIX IV - June 28, 2001
FOR ACTION
In early 2000, the Board was informed that the Chair of the Board had commissioned a small ad hoc group, led by Mr. Stephen Adams, to advise her on the Board's position in the matter of sanctions for student misconduct of a non-academic nature. The group made seven recommendations, some of which have been addressed in the Code of Student Conduct recently enacted by the Board (May 3, 2001). Two recommendations were deferred pending the outcome of the then-ongoing work of the Vice-Provost's Advisory Committee on a Code of Student Conduct. It is now timely that these be revisited:
Now that a Code is in place, it is appropriate that University publications and other notices make reference to the Code itself rather than using the more general language contemplated above. It is critical that the student body be made aware of the Code. The Office of the Registrar will be taking steps to link its website to the new Code. In addition, there should be a provision added to the Academic Calendar advising students of their obligation to comply with the Code and making them aware of the range of sanctions that may be imposed for non-compliance. Reference to the Code should also be included in Residence Understandings and in the Gazette.
Recommended:
(a) That the following section be added to the Academic Calendar:
Code of Student Conduct
Every student is expected to comply with the provisions of the Code of Student Conduct. Sanctions for non-compliance can range from a reprimand to expulsion from the University. It is the responsibility of every student to read the Code and familiarize him or herself with its contents. The Code is available at http://www.uwo.ca/univsec/board/newcode.html. Copies can also be obtained from the Office of the Registrar, from Deans' Offices and from Residences.
(b) That Residence Understandings be revised to make reference to the Code of Student Conduct.
(c) That two announcements be placed in the Gazette in successive weeks in early September 2001, advising students of the existence of the Code, their responsibility to become familiar with it and to comply with its terms. The Announcement should also include a reference to possible sanctions that may be imposed for non-compliance.
The forerunner of the current Student Disciplinary Code was, until the late 1970s, a code operated by the University Students' Council, enacted by the USC in the mid 1960s as its fifth special resolution (or "Resolution Five" as it later came to be known). In order to increase the effectiveness of Resolution Five, the University Students' Council approached the Board of Governors in 1979 and asked that it enact the Student Disciplinary Code, as the revised Resolution Five was now to be called. The new Student Disciplinary Code was designed to be a "code of conduct regulating the activities of ... students on University property or at University-sponsored events to which the USC Event Staff has been assigned."
The ad hoc group commissioned by the Chair of the Board in 2000 made two recommendations relating to the Student Disciplinary Code. These recommendations also were deferred pending the outcome of the work of the Vice-Provost's Advisory Committee. The group's recommendations were as follows:
The Report of the Vice-Provost's Advisory Committee on a Code of Student Conduct, issued in April 2000 contained an analysis of some of the current problems with the Student Disciplinary Code. It also suggested that there would be a need for amendments to the Code to bring it within the within the framework of the Code of Student Conduct.
The University Students' Council (USC), through its Legal Affairs Officer, has now advised Vice-President (Administration) & General Counsel and the Vice-Provost and Registrar that with the exception of the prosecution of wet/dry offences, it no longer supports a student-run disciplinary body for the other offences listed in the Student Disciplinary Code. In April of this year the Legal Affairs Officer provided the Vice-President (Administration) & General Counsel with a draft version of a new University Students' Council Wet/Dry Access Card Policy which establishes a hearing procedure before a committee and includes an appeal mechanism. These procedures would take the place of the hearing and appeal procedures set out in the Student Disciplinary Code. The Vice-President (Administration) & General Counsel has provided the USC Legal Affairs Officer with his comments and concerns about the draft wet/dry policy and is awaiting a response from the USC.
In light of the above, it is recommended that the Student Disciplinary Code be revoked by the Board of Governors. In order to avoid confusion and potential challenges relating to the jurisdiction of this Code vis à vis the Code of Student Conduct, it is recommended that it be revoked immediately.
In addition, because of the University's statutory obligations as a licencee under the Liquor Licence Act, the Board of Governors must be satisfied that any USC Wet/Dry Policy is acceptable and, in particular, that it does not conflict with, or compromise the proper discharge of, those obligations. Pending the advice of the Vice-President (Administration) & General Counsel that he can recommend the Policy to the Board, it is suggested that the Board Chair remind the President of the University Students' Council that individuals or facilities operating under the University's liquor licence must comply with the requirements set out in the Liquor License Act, and in particular those requirements relating to the selling or supplying of liquor to minors and the consumption of liquor by minors.
Recommended:
(a) That the Student Disciplinary Code be revoked.
(b) That the Board Chair convey, on behalf of the Board of Governors, a reminder to the President of the University Students' Council that the USC is responsible for ensuring compliance with the Liquor Licence Act at USC-operated facilities or events that serve liquor under the University's liquor licence.