15. Offences of Conduct 15.1 Conduct Offences The University has in place regulations and procedures to deal with allegations of misconduct made against students in the areas of discrimination and sexual harassment. 15.2 Discrimination The University has enacted the following regulation: Any student commits a general offence who commits an act of discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, national origin, creed, sex, age marital status, family status, political affiliation or belief, sexual orientation, or any handicap that is defined as such in the Human Rights Code of Ontario. The University has also approved the following procedures for enforcement of this regulation: 1. An allegation shall be made in writing to the Dean of the Faculty in which the program to which the respondent has been admitted belongs or, in the circumstances where the respondent has not been admitted to a program, to the Dean of the Faculty where the majority of courses in which the respondent has registered are administered. An allegation against a student in residence when made by another student in residence which involves the complainant's enjoyment of her/his accommodation shall be made to the Vice-President (Academic). The Dean, or the Vice-President (Academic), as the case may be, shall cause to have an investigation conducted and, upon receipt of the report of the investigation, shall either 1) dismiss the allegation on the grounds of insufficient evidence or lack of jurisdiction by the University, or 2) accept that the allegation is founded and seek the agreement of the respondent to a remedy, or 3) refer the matter to the President A dean's dismissal of the allegation may be appealed, within ten working days, to the Vice-President (Academic) who may, in turn, either 1) again dismiss the allegation, or 2) accept that the allegation is founded and propose a remedy to the respondent, or 3) refer the matter to the President In the case of students in residence, where the original allegation has been made to the Vice-President (Academic) and is dismissed, appeal shall be directly to the President who may either 1) again dismiss the allegation, or 2) accept that the allegation is founded and propose a remedy to the respondent, or 3) refer the matter to a tribunal appointed by the Senate 2. In the instance where the matter has been referred to the President, the latter shall decide whether or not the University shall conduct a hearing before a tribunal appointed by the Senate. If the allegation is proven, the tribunal shall decide upon one of the following sanctions: The student may be: a) expelled b) suspended for a period of time from all studies at the University c) restricted in his/her use of University facilities; and/or d) given a reprimand Should the President decide not to conduct a hearing before a tribunal, the allegation shall be deemed to have been dismissed, but the President shall give written reasons for such a decision, and these reasons shall be communicated to the parties involved. 3. In the instance where the complainant wants redress from the University without the involvement of the respondent, or where the respondent is unknown or is not a member of the university community, and/or where there is a claim that the University has failed or has been negligent in providing a safe, non-hostile environment, the allegation of an offence shall be made in writing to the President, who shall cause an investigation to be conducted. Upon receipt of the report of the investigation, the President may order any relief he/she deems fit, and shall give written reasons for the decision, which reasons shall be communicated to the complainant. Information about procedure governing tribunals is available from the Clerk of the Senate, Room 607, Robertson Hall. 15.3 Sexual Harassment The University has approved a Sexual Harassment Policy which defines sexual harassment as follows: 1. Sexual harassment may occur irrespective of gender and is: a) unwanted attention of a sexually oriented nature, made by a person who knows or ought reasonably to know that such attention is unwanted; and/or b) an implied or expressed promise of reward for complying with or submitting to a sexually oriented request or advance; and/or c) an implied or expressed threat or reprisal for not complying with or submitted to a sexually oriented request or advance Sexual harassment may include, but may not be limited to behaviour such as * unwarranted touching * suggestive remarks or other verbal abuse in a sexual context * leering * compromising invitations * demands for sexual favours * sexual assault 2. Sexual harassment may also be engaging in a course of sexual comment or conduct that is known or ought reasonably to be known to be unwelcome. This form of sexual harassment may affect individuals or groups. It may take the form of excluding an individual or a group from rights and/or privileges to which they are otherwise entitled. 3. Sexual harassment may be psychological, verbal or physical and may be all of these. It is behaviour prohibited by the University for all persons and circumstances over which the University has jurisdiction. In some of its forms it may contravene the Human Rights Code of Ontario. Sexual assault is a crime pursuant to the Criminal Code. 4. Regulations governing the conduct of students and employees of the University are applied to those times and places at which the actions of such employees and students relate to or impinge upon their function as such. The university's sexual harassment policy provides for advisory and mediation services to assist in resolving perceived situations of sexual harassment before they reach the level of formal allegation. Attention is drawn, in this regard, to the role of the university's two advisers on sexual harassment complaints, Dr. Nancy Adamson, Coordinator for the Status of Women, and Professor David K. Bernhardt, Department of Psychology. The University has enacted regulations under which allegations of general offence (sexual harassment) may be made against students. These regulations state that a student commits a general offence who engages in conduct which constitutes sexual harassment as defined in the university's sexual harassment policy. The University has also approved procedures for the handling of allegations of general offence (sexual harassment) against a student. These procedures, as well as the sanctions which a tribunal can impose, are the same as those outlined above for acts of discrimination, save and except that the investigators charged with the investigation which the Dean, the Vice-President (Academic), or the President, as the case may be, shall cause to have conducted, must be selected from the Panel of Investigators provided for under the terms of the university's sexual harassment policy.