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Senate Agenda, EXHIBIT II, December 8, 2000

REPORT OF THE OPERATIONS/AGENDA COMMITTEE

FOR APPROVAL

1. Senate Membership: Graduate Student Constituency

Recommended: That Tania Kerman, representative of the graduate student constituency, be granted a leave of absence from Senate and that Fern Gauthier be appointed her alternate (term from December 8, 2000, to February 26, 2001).

2. Terms of Reference: ad hoc Senate Committee to Review the Draft Code of Student Conduct

Recommended: That Senate approve the following terms of reference for the ad hoc Senate Committee to Review the Draft Code of Student Conduct:

Background:

On November 17, 2000, Senate was presented with the draft Code of Student Conduct prepared by the Vice-Provost's Advisory Committee on a Code of Student Conduct, chaired by Professor Brian Timney. Rather than deal with the substance of the draft at that meeting, Senate voted to establish an ad hoc Senate Committee to review the Code and make recommendations to the Senate.

The Campus & Community Affairs Committee (CCAC) of the Board is responsible for making recommendations to the Board on the establishment of a Code of Student Conduct. It is scheduled to hear a presentation by the Vice-Provost's Advisory Committee on December 11th, but based on advice from the Chair of the Board of Governors (see Appendix 1), the CCAC will delay its final deliberations on the draft Code from the Vice-Provost's Advisory Committee until April 5. The March 16, 2001, date referenced in the proposed terms of reference will give Senate the opportunity to offer its advice on the Code in time for consideration by the Campus & Community Affairs Committee of the Board on April 5. CCAC will then present its recommendations to the May 3rd meeting of the Board.

The composition of the Committee is:

Seven members:

2 members of faculty
1 Senator from an affiliated college
2 undergraduate students
1 graduate student
1 other Senator

Members will be elected at the December 8 meeting of Senate.

Senate Agenda, December 8, 2000 - EXHIBIT I, Appendix 1

The UNIVERSITY of WESTERN ONTARIO

Chair of the Board of Governors

21 November 2000

Dean Allen Pearson
Chair
Senate Operations/Agenda Committee

Dear Dean Pearson:

I was present at last Friday's meeting when the University Senate voted to constitute a new ad hoc committee for the purpose of further reviewing and commenting on the draft Code of Student Conduct presented to Senate by Professor Brian Timney on behalf of the Vice-Provost's Advisory Committee. While as Chair of the Board of Governors I regret that Senate did not instead choose to refer the matter to the Board for further review, I write to advise Senate that the Board's schedule for deciding the matter will allow the receiving of advice after Senate considers the report and recommendations of this newly constituted ad hoc committee.

The Code of Student Conduct will be placed on the agenda of the Board meeting scheduled for 3 May 2001. Since the Campus & Community Affairs Committee is the committee responsible for recommending a Code of Student Conduct to the Board, this will mean that all submissions relating to the Code of Student Conduct must be received by the Secretary of the Board of Governors by 4:30 p.m., Wednesday, 22 March 2001, in order to be placed on the 5 April 2001 agenda of the CCAC. I would expect these to include the amended draft Code prepared by the Vice-Provost's Advisory Committee and any advisory report or commentary prepared by the ad hoc Senate committee and endorsed by the Senate. As was noted in the Vice-Provost's Advisory Committee report to Senate, the draft Code prepared by that committee will be presented at a public meeting of CCAC on 11 December; however, the CCAC will delay its final deliberations concerning a Code of Student Conduct until 5 April. At that meeting, which will be open to the public, the Senate's advice (if received by 22 March) may be presented and representatives of the Provost's Advisory Committee on a Code of Student Conduct will be invited to comment.

It may be a useful guide to the Senate committee's work to know that the Board of Governors received a report from its own ad hoc Committee on Sanctions Against Students for Non-Academic Offences. The following are some of the recommendations of that committee which I believe will be relevant to the Board's deliberations concerning the scope and substance of the Code of Student Conduct.

  1. The enactment of a resolution by the Board of Governors clearly delegating to the President (with power to sub-delegate) the authority to impose sanctions for non-academic offences.
    [The Board's Special Resolution No. 2 (Delegation of Authority) was revised accordingly in April 2000.]
  2. The enactment of a resolution by the Board of Governors clearly stating that the Administration retains the discretion to impose sanctions for non-academic offences even if charges have been laid by the London Police Service under the Criminal Code (Canada).
    [The Board's Special Resolution No. 2 (Delegation of Authority) was revised accordingly in April 2000.]
  3. The amendment of the Student Disciplinary Code to clearly give the Administration the right to lay charges under it.
  4. That the Provost's Advisory Committee on a Student Code of Conduct consider whether it is desirable to amend the Student Disciplinary Code to make it clear that it is intended to be used only in cases of a relatively minor nature.
  5. The establishment of an appellate body to consider appeals with respect to sanctions (only) imposed by the Administration. It should not have the right to consider whether or not an offence has been committed and that should remain within the discretion of the Administration. It should, however, have the right to either increase or decrease the penalty imposed by the Administration. We recommend that the determination of the precise form and composition of the appellate body be deferred until the report of the Vice-Provost's Advisory Committee on a Student Code of Conduct is received.

The substance of these recommendations was conveyed to the Vice-Provost's Advisory Committee in March 2000.

I trust the committee will find this information helpful.

Yours sincerely,



(Signed)

Carol McAulay-Weldon
Chair, Board of Governors