Statement On The Freedom To Read At Queen's University
Sexual Harassment Complaint Procedure
Senate Statement On Grievance, Discipline And Related Matters
Queen's University Code Of Conduct
[Reference: gopher -p "1/University Policies" knot.queensu.ca 70]
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Contact: University Secretariat
Date: April, 1979
Amended: February 1991*
STATEMENT ON THE FREEDOM TO READ AT QUEEN'S UNIVERSITY
Universities are interested in universal knowledge, including all
religious, philosophical and political viewpoints, in all languages
and cultures.
Accordingly, Queen's University endorses the Canadian Charter of
Rights and Freedoms*, which includes, along with the right to express
thoughts publicly, the fundamental right of access of every person to
all expressions of knowledge. The intellectual freedom fostered and
protected by the enshrinement of these rights is basic to the proper
functioning of the University and to the healthy development of
Canadian society of which it is a part.
While Queen's University supports the principles of intellectual
freedom as they are pertinent to ALL of its activities, the University
regards these principles as having important particular relevance in
relation to the various libraries and bookstores on campus. This
University believes that the freedom to read is as essential to the
democratic way of life as are freedom of speech and freedom of the
press, and will resist by moral suasion and if necessary by due
process of law all attempts to suppress or restrict the availability
of particular books or periodicals on this campus because of a
viewpoint they present.
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Approved by Senate
June 27, 1991
SEXUAL HARASSMENT COMPLAINT PROCEDURE
I. PREAMBLE
The following document outlines the procedure for dealing with
complaints of sexual harassment. Such a centralized procedure is necessary
to ensure uniformity and fairness in dealing with complaints, whether they
are made by students, staff or faculty. The Procedure is designed, in
part, to prevent harassment by educating members of the University
community as to what constitutes such behaviour. It is also intended to
provide a framework which is accessible to complainants in the sense of
protecting their anonymity and ensuring that, as far as possible, the
initiation and pursuit of a complaint will not be an intimidating
experience. Thus, the emphasis is on informal resolution and mediation save
where the nature of the matter necessitates a more formal process.
Moreover, the very existence of this document should help create the kind
of environment which nurtures and supports the work of all faculty, staff
and students.
II. DEFINITION OF SEXUAL HARASSMENT
"Sexual Harassment" is defined in the Senate Statement on Grievance,
Discipline and Related Matters (Section 7, Code of Conduct; Commentary to
Section 7):
Queen's University recognizes that all members of the
University community have the right to be free from
sexual harassment. Sexual harassment is defined as
attention of a sexual nature which is overt,
unsolicited and unwanted. It includes but is not
limited to sexual remarks, suggestive comments,
gestures, physical contact or conduct that interferes
with an individual's dignity or privacy.
Such conduct constitutes sexual harassment when:
i) submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment, academic status or
accreditation, or
ii) submission to or rejection of such conduct by an
individual is used as a basis for employment, academic
status, grade or accreditation decisions affecting such
an individual, or
iii) such conduct has the purpose or effect of
unreasonably interfering with an individual's work or
academic performance, or creating an intimidating,
hostile or offensive working or academic environment.
III. APPLICABILITY OF PROCEDURE
1. There may be cases in which the use of this Procedure is
inappropriate and where complainants should have resort to external
agencies such as the police, as, for example, if assault is involved, or to
the Ontario Human Rights Commission. However, this Procedure may be
utilized by groups as well as individuals and may involve complaints
against one or more individuals as well as the University and its various
operating units. Also, cases which may involve sexual harassment in
combination with other forms of harassment (as, for example, on the basis
of race, sexual preference, or disability) may be brought under this
Procedure and be disposed of in their entirety.
2. Should a complainant commence proceedings before the Ontario Human
Rights Commission or in the courts with respect to the subject matter of a
complaint being dealt with under this Procedure, proceedings under this
procedure will cease at least until the other proceedings are discontinued
or brought to a conclusion.
IV. ADVISERS - APPOINTMENT AND FUNCTIONS
1. The Principal will appoint at least four sexual harassment advisers,
including one male and one female faculty member, and one male and one
female staff member. Advisers will ordinarily be appointed for a term of
three years but their appointment may be renewed.
2. The Principal will appoint one of the advisers as the Chair of
advisers.
3. In addition to their responsibilities for dealing with specific
complaints of sexual harassment, the advisers will be responsible for a
program of information and education concerning University policies and the
Procedure relating to sexual harassment.
4. Should the need arise, advisers may, with the permission of the Chair
of advisers, seek legal advice pertaining to the fulfillment of their
responsibilities under this Procedure. (For the purposes of this Procedure,
"legal advice" means legal advice from a lawyer other than the University's
lawyers or in-house counsel.)
5. Save where otherwise provided for specifically and with the consent of
the Chair of advisers acting on legal advice, an advisor may dispense with
the normal time limits with respect to the informal advice, formal
initiation of complaints, and mediation stages of this process. For these
purposes, the unavoidable indisposition of a complainant or alleged
harasser through illness, absence from campus, or other cause constitutes a
basis for the exercise of this discretion.
6. In the event that, at any stage of the complaint process, a complaint
attracts media attention, the Chair of advisers, after consultation with
the complainant and taking legal advice, may, where the circumstances
warrant it, make a public statement confirming the fact of the complaint,
identifying its current status, and explaining the nature of the Sexual
Harassment Complaint Procedure.
V. COMPLAINT PROCEDURE
A INFORMAL ADVICE, CONSULTATION AND RESOLUTION OF COMPLAINTS
1. Any member of the University community may seek informal assistance
or advice from an adviser who as a first step will ensure that the person
has a copy of this Procedure. All such consultations will be confidential.
However, with the consent of the complainant, an adviser may, within ten
days of an actual informal complaint being lodged, contact an alleged
harasser and advise that person that a complaint has been made about
his/her behaviour without identifying the name of the complainant. In
contacting the alleged harasser, the adviser will provide details of the
alleged harassment and a copy of this Procedure, and, in appropriate cases,
warn of the possibility of formal proceedings should the alleged harassment
continue. Alleged harassers will also be informed that their names will not
be recorded should no further action be taken on the complaint.
2. Advisers may also, in appropriate cases, with the consent of the
complainant, facilitate contact between the complainant and the alleged
harasser and render whatever other assistance seems appropriate in an
endeavour to settle the matter informally, including attending meetings
between the complainant and the alleged harasser.
3. As well or, alternatively, with the consent of the complainant, the
adviser may write to or meet with members of the department, office or
residence in which the alleged harassment took place to elaborate on the
University's policy on sexual harassment. For these purposes, the adviser
may use as an example the type of allegation that has prompted this action
where it is reasonable to assume that so to do will not reveal the identity
of either the complainant or alleged harasser.
4.(a). All administrators, supervisors, medical and counseling
personnel, campus security staff, dons in residence, faculty,
demonstrators, and teaching assistants have the responsibility to refer
persons whom they believe may have been sexually harassed to a sexual
harassment adviser.
(b). Such personnel may, without revealing the identity of the
persons involved, also seek advice from a sexual harassment adviser as to
how to proceed in those instances where a person alleging to have been
subject to sexual harassment is unwilling to take the matter to an adviser.
(c). In the case of apparent group or systemic harassment, such
personnel may themselves take a complaint to an adviser on behalf of those
allegedly harassed.
B FORMAL COMPLAINTS
Initiation
1. If a complainant wishes to make a formal complaint, it shall be
initiated by filing with a sexual harassment adviser written details of the
alleged harassment including dates, times, places, names of individuals
involved and the names of any witnesses as well as an indication of any
specific remedy being sought. Where necessary, the adviser shall assist the
complainant in the preparation of this document and, in particular, shall
ensure that the complainant has identified the appropriate respondent or
respondents. (In the case of complaints against the University, the
respondent will be the Principal as representative of the University, while
in complaints against one of the University's operating units or any group
or society, it will be the Dean, head, director, chair, or president as the
case may be as representative of the operating unit, group, or society.)
The adviser will also ensure that the complainant has a copy of this
Procedure and respond to requests for information about the process.
Time Limits
2. Normally a written complaint must be filed within six months of the
incident complained of, or where the matter complained of consists of a
series of related incidents, within six months of the most recent incident.
3. In the case of complaints filed outside the normal six month period,
the Chair of advisers, after taking legal advice, will decide whether the
complaint should be allowed to proceed and the decision of the Chair of
advisers in such cases will be final and binding. Cases in which extensions
will be favorably considered include but are not restricted to situations
in which there has been a continuing academic, professional or employment
connection between the complainant and the respondent.
Holding Complaints in Abeyance
4. A written complaint may be held in abeyance for up to three months
after filing at the request of the complainant, and, in the case of a
student complainant, may be held for three months after filing or up to one
month after the ending of the academic session in which the student is
enrolled, whichever is longer.
5. While a written complaint is held in abeyance, it will be retained
in complete confidence by the adviser and will be treated for all purposes
as if no written complaint had been filed.
6. If the complainant does not direct that a written complaint held in
abeyance be proceeded with within the time limits specified in paragraph 4,
the complaint will be destroyed and will be treated for all purposes as if
it had never been filed.
Establishing Jurisdiction Over Formal Complaints
7. An adviser who has received a written complaint will disclose the
complaint to the Chair who will ensure that the same complaint is not being
proceeded with by more than one adviser. The adviser may also consult the
Chair, and with the consent of the Chair, may consult other advisers or
seek legal advice, as to whether the incident complained of constitutes
sexual harassment.
8. If a complaint is not considered to involve an allegation of sexual
harassment, the adviser will inform the complainant in writing. That
communication will also advise the complainant of the right to seek a
ruling on the matter from the Chair of the Sexual Harassment Complaint
Board (as detailed in paragraph 9, below). It will also outline any
alternative University grievance routes. In these situations, the time for
initiating a complaint in any alternative forum will run from the date on
which the complainant is notified that the complaint is not considered to
be one of sexual harassment.
9. Any request for a ruling from the Chair of the Sexual Harassment
Complaint Board on whether a matter involves an allegation of sexual
harassment must be made within one week of receiving the opinion of the
adviser under paragraph 8. The Chair will make a ruling within one week of
such a request being received. The running of time limits for further
steps under this Procedure will be suspended until the issuance of a ruling
by the Chair.
Notice of Complaint
10. Within ten days of the receipt of the written complaint, or if the
complaint has been held in abeyance under paragraph 4, within ten days of
the complainant notifying the adviser to proceed with the complaint, the
adviser will send the respondent a copy of the complaint and, if not
provided already, this Procedure.
11. In situations where the complainant is willing to consider the
possibility of having the matter mediated, the adviser will at the same
time also provide the respondent with a list of mediators (as designated
under V.C.2., below) and ask the respondent to indicate within ten days of
receipt of the complaint whether he or she is willing to consider mediation
of the complaint. The respondent will also be informed that a failure to so
indicate may lead to the matter proceeding directly to a formal hearing as
provided for in D, below.
12. Once the complaint has been provided to the respondent, the adviser
shall generally, provided the complainant consents, inform the respondent's
supervisor, head of department, Dean or other University officer, as seems
most appropriate in the circumstances, of the filing of the complaint
against that person and may, where potentially beneficial and with the
consent of the complainant, involve that officer in attempts to resolve the
complaint without further formal procedures. In all cases where the
appropriate officer has been informed of the making of a complaint, the
adviser shall also advise that officer of any resolution of the complaint
short of resort to a formal hearing.
Communications Between Respondent and Complainant
13. On filing a written complaint, a complainant may request that
communications concerning the complaint from the respondent to the
complainant be made only through the adviser or to the complainant in the
presence of the adviser. The respondent will be informed of such a request
in writing at the time the respondent first receives the written complaint
from the adviser.
Settlement Process
14. Following the initiation of a formal complaint and prior to the
designation of a mediator, the adviser may, with the consent of the
complainant, continue to assist in attempts to settle the matter
informally.
15. A settlement of a complaint under paragraph 14 may provide for the
disposition of the written complaint itself and any other written material
accumulated in association with the complaint. If the settlement does not
so provide, the written complaint and any other material accumulated in
association with the complaint will be retained in confidence by the Chair
of advisers and, if informed under paragraph 12, by the appropriate officer
for a period of two years from the date of settlement. After that period,
the Chair of advisers and, in applicable cases, the appropriate officer
will either destroy the material or arrange for its deposit in the
University Archives with names deleted under the restricted access
provisions of paragraph 15(viii) of the Senate Statement on Grievance,
Discipline and Related Matters.
Lapsing of Complaints
16. If no settlement of the complaint is reached under paragraph 14,
and if the complaint is not proceeded with within the time limits set out
in paragraphs V.C.1 and V.D.(ii).2 and 3, below, the complaint will be
deemed to have lapsed. In such a case, the written complaint and any other
document related to the complaint will be retained in confidence by the
Chair of advisers and, in applicable cases, the appropriate officer for a
period of six months from the lapse of the complaint at which time the
complaint and record will be destroyed.
C. MEDIATION
1. Where the complainant and the respondent indicate a willingness to
consider mediation as contemplated by paragraph V.B.11, the adviser will
attempt to achieve agreement on a mediator who is unbiased and independent
of the parties. If agreement is not reached on a mediator within two weeks
of the respondent indicating a willingness to consider mediation under
paragraph V.B.11, mediation will be deemed to have failed save that the
complainant and the respondent may agree to extend the period for the
appointment of a mediator by up to another three weeks.
2. To assist the parties in appointing a mediator, the Principal will
ensure that a short list of mediators selected from the University
community is maintained. Both parties must agree to the choice of the
mediator who may be selected from this list or who may be any other member
of the University community upon whom the parties can agree and who agrees
to serve.
3. Within six weeks from the date of the agreement on a particular
mediator, the mediation process will be concluded and the result reported
in writing to the adviser with a copy of that document provided to the
parties and, in cases where the appropriate officer has been informed under
paragraph V.B.12, above, to that officer. If a resolution has been achieved
as a result of mediation, a written copy of the resolution will be signed
by the complainant, the respondent and the mediator. A copy of the written
complaint, the mediator's report and the resolution will be retained by the
Chair of advisers and in applicable cases, by the appropriate officer for a
period of two years from the conclusion of the mediation and then be
destroyed or deposited in the University Archives with names deleted under
the restricted access provisions in paragraph 15(viii) of the Senate
Statement on Grievance, Discipline and Related Matters. If the terms of the
resolution are breached, the material will be retained as appropriate for
any further proceedings.
4. During mediation, the complainant may be accompanied and represented
by the adviser. Either party may be accompanied and represented by another
person who may be a friend, a colleague or a lawyer.
D. FORMAL HEARING
(i) SEXUAL HARASSMENT COMPLAINT BOARD
1. The Principal will nominate a Chair and Vice-Chair of the Sexual
Harassment Complaint Board and Senate will ratify these nominations. The
term of office of the Chair and Vice-Chair will ordinarily be three years
but the appointment may be renewed.
2. Senate will annually elect four categories of Sexual Harassment
Complaint Board member, each composed of a member and an alternate member,
as follows: Female Students, Male Students, Female Faculty, and Male
Faculty.
3. The Principal will annually appoint two categories of Sexual
Harassment Board Member, each composed of a member and alternate member, as
follows: Female Staff and Male Staff.
(ii) BOARD PROCEDURES
Initiation of Hearing
1. The complainant may initiate a hearing before the Sexual Harassment
Complaint Board by a request in writing delivered to the Secretary of the
University,
2. Where the complainant does not wish to consider mediation, such a
request must be made within two weeks of the receipt of the written
complaint by the respondent.
3. Where mediation fails or is deemed to have failed because the
complainant and the respondent do not agree on a mediator, such a request
must be made within two weeks of the mediator's report to the adviser and
the parties that mediation has failed or, in the case of a failure to agree
on a mediator, within two weeks of the date of that failure.
4. Upon receipt of a written request for a hearing, the Secretary of the
University will send copies of the request to the Chair of the Board, and
to the respondent.
Striking of Board
5. The hearing will be before a three member Board. The Chair of the
Board will preside unless disqualified or otherwise unavailable. In such
cases, the Vice-Chair will preside and all further references in these
rules to the Chair will in such cases be read as "Vice-Chair". The two
other members will come from the six categories listed above. The
complainant and the respondent will each designate a category from which a
Board member is to be appointed.
6. The complainant must indicate in writing to the Secretary of the
University within one week of filing a request for a hearing under
paragraph 1 from which category a Board member is to be appointed.
7. The respondent must indicate in writing to the Secretary of the
University within one week of the receipt of the copy of the request for a
hearing from which category a Board member is to be appointed.
8. Should a party fail to designate a category from which a member is to
be appointed or, in the case of multiple complainants or respondents,
should there be an absence of agreement among either the complainants or
the respondents as to category, the Chair shall make a designation on the
basis of what appears to be the most appropriate category.
9. Unless disqualified from participation or otherwise unavailable, the
member of each category will serve. Failing that, the alternate will serve
or, in the event that both are either unavailable or disqualified, the
party or parties affected will be provided with a further opportunity to
designate a category.
10. Once the membership of the Board has been established, the Chair will
within one week inform the parties of that fact as well as the names of the
members of the Board.
11. The Chair shall in all cases inform the respondent's supervisor,
head of department, Dean or other appropriate officer that a formal sexual
harassment hearing is proceeding against that person.
Challenges to Composition of Board
12. The Chair of the Board may, both before and after receiving
representations from the complainant, or the respondent, require any member
to withdraw from sitting on the Board where the member has an actual or
potential conflict of interest, or has a bias or may reasonably be
perceived by the complainant or respondent to have a bias. Where there is
a challenge to the participation of the Chair, the Vice-Chair will decide
whether the Chair should withdraw and, if the Vice-Chair is also
challenged, disqualified or otherwise unavailable, the matter will be
resolved by the Dean of the Faculty of Law.
13. When a member of the Board has been required to withdraw, that member
will be replaced by the alternate member of the category of the
disqualified member. In the event that the alternate member is either also
disqualified or otherwise unavailable, the party or parties affected will
be provided with a further opportunity to designate a category.
Submission of Written Statements and Documentary Evidence
14. The complainant will submit a full written statement of the matter to
be heard to the Chair of the Board within two weeks of filing the written
request for a hearing with the Secretary of the University. The statement
will include a copy of the initial formal written complaint along with any
supplementary details including the identities of additional sources of
information. It will be accompanied by copies of all relevant documentation
in the possession of the complainant.
15. The Chair of the Board will immediately send a copy of the
complainant's statement and accompanying documentation to the respondent
and advise the respondent of paragraphs 16 and 18, below.
16. The respondent will have two weeks from receipt of the complainant's
statement within which to submit to the Chair of the Board a written
statement of response. This response should set forth all the facts relied
upon and identify all persons who in the knowledge of the respondent may
support or verify these facts. The response should be accompanied by
copies of all relevant documentation in the possession or control of the
respondent.
17. On receipt of the response and any accompanying documentation, the
Chair of the Board will immediately send copies to the complainant.
18. If the respondent fails to file a statement of response as required by
paragraph 15, above, the Board is entitled to proceed with the hearing of
the complaint without further notice to the respondent unless the
respondent gives written notice to the Board of a desire to have access to
interviews conducted by the Board and additional documentation collected by
the Board, and the opportunity to address the Board as provided by
paragraphs 21 and 22, below.
Withdrawal of Complaint
19. If the complainant withdraws a complaint after initiating a
hearing, the Board shall formally dismiss the complaint and give notice of
that in writing to the respondent, the adviser, and the respondent's
supervisor, head of department, Dean, or other appropriate officer who has
been informed of the proceedings under paragraph 11, above.
Convening and Processes of the Board
20. The Chair of the Board will convene the Board within three weeks
after the filing of the complainant's statement or as soon thereafter as is
possible to examine the statement and the response, if any, and to
determine whether any additional information may be required in order to
evaluate the statement or the response or to clarify apparently
contradictory facts. If additional information is required, the Board may
request the parties to supplement their original statements. If necessary,
the Board may
i) interview any person believed to have information which is relevant to
the complaint or
ii) request any person to submit a written statement in lieu of the oral
interview or in addition to such interview.
21. The Board will record all interviews and will make such records
available to the parties together with copies of all further documentation
obtained by the Board during its investigation.
22. At the conclusion of the gathering of evidence, the Chair of the Board
will convene a meeting of the Board and invite the parties to address the
Board if they wish. The length of time allowed each party will be
determined by the Board taking into consideration the nature of the
complaint. The meeting of the Board will be closed to the public.
23. No direct examination or cross-examination of the parties or any
witnesses will be allowed. Members of the Board may question the parties
in order to seek clarification of matters relevant to the determination of
the dispute.
24. If, during the course of any meeting of the Board, it becomes apparent
that additional information is required in order to resolve the dispute,
the Chair may adjourn the meeting to permit the parties to bring forward
such additional information or facts or to permit the Board to obtain such
additional information.
25. The complainant may be accompanied by or represented by the adviser
throughout the proceedings before the Board, and both parties may be
represented by a lawyer or other representative of their choosing
throughout proceedings before the Board.
Disposition of Complaints by Board
26. After hearing the parties, the Board shall within one week decide
whether the respondent has been guilty of sexual or any other form of
harassment and shall immediately inform the parties, the adviser, the
person given notice under paragraph 11, above, and the Principal.
27. Within a further week, the Board will produce a written statement of
its findings including the reasons therefor and immediately supply a copy
of that statement to the parties and the Principal and either the statement
or an appropriate summary to the adviser and the person given notice under
paragraph 11, above.
28. Where the Board has found the respondent guilty of sexual or any
other form of harassment, it will reconvene within two weeks or as soon
thereafter as is possible to enable the complainant and the respondent as
well as counsel to the University to make submissions as to penalty.
29. Following the reconvened hearing, the Board will within seven days
decide on the appropriate sanction and provide the parties immediately with
written notice of that sanction and the reasons therefor. Those sanctions
may include reprimand, notation on personnel records, a public report of
the findings and sanctions imposed (including, in appropriate cases, the
name of the respondent), loss of salary, suspension, dismissal, or
expulsion from the University as well as mandated submission by units of
the university to educational, monitoring, and reporting programmes. The
Board may also decide that the complainant is entitled to recompense such
as adjustment of a grade, salary adjustment or promotion where appropriate.
(For the purposes of this Rule, the Board is not limited by any remedy
designated by the complainant under paragraph V.B.1, above.)
30. In cases where a sanction is imposed, the Board will immediately
thereafter send a copy of its decision on sanction and the reasons therefor
to the Principal for implementation. The adviser and the person to whom
notice has been given under paragraph 11, above, will also be sent the
decision on sanction and the reasons therefor.
Miscellaneous
Supplementary Rules
31. The Chair of the Board may issue supplementary general rules of
procedure to govern the conduct of Board proceedings. Such rules will not
conflict with this procedure and will be filed with the Secretary of the
University and the Senate Office and be published in the "Queen's Gazette".
Procedural Rulings
32. If during the course of formal proceedings, any procedural issue
arises, the Chair of the Board or, once a Board has been struck, a Board is
empowered to resolve that issue by the making of a ruling.
Time Limit Dispensations
33. Where any time limits are established by this Procedure with
respect to the formal hearing of a complaint, the Chair of the Board or a
Board, if it has been struck, may extend those time limits if the failure
to comply is beyond the control of the person seeking the extension or
where it is otherwise necessary having regard to the interests of the
parties.
Service of Documents
34. For the purposes of this Procedure, a document is deemed to have
been received when it has been delivered personally to the person concerned
or within five days of it being mailed by registered mail to the
residential address of the person concerned as designated in the
University's records. In the case of any person with two or more such
addresses, any such document will be sent to each address.
Legal Advice and Assistance to Board
35. At any time after the receipt of the request for a hearing, the
Chair of the Board or a Board, if it has been struck, may seek legal advice
and may also appoint counsel to assist the Board in the conduct of the
proceedings.
Additional Parties
36. If at any time after the initiation of a hearing under paragraph
V.D.(ii).1, it becomes apparent to the Chair or a Board, after it has been
struck, that
(a) all the appropriate respondents have not been named, the Chair or
a Board, if it has been struck, may name additional respondents. (All such
additional respondents are entitled to the full protections afforded under
this Procedure and all other rules will be modified accordingly.)
(b) there are interests of the University at issue in the dispute
which might not be addressed adequately by the parties, the Chair or a
Board, if it has been struck, shall notify the Principal with a request
that the University instruct either its lawyers or in-house counsel to
represent those interests in the process. (In such a case, the University
is entitled to all the protections afforded by these rules to parties and
all other rules will be modified accordingly.)
(iii) APPEALS FROM DECISION OF SEXUAL HARASSMENT COMPLAINT BOARD
1. The complainant or respondent may appeal the decision of the Board
as to guilt and/or sanction to a legally trained independent outside
arbitrator to be agreed upon by the complainant and respondent. Such an
appeal may also be based on issues of procedure, law and jurisdiction
pertaining to the processes of the Board.
2. Either party may exercise this right of appeal by filing written
notice of appeal with the Secretary of the University within two weeks of
the final disposition of the matter by the Board. For these purposes, where
a respondent has been found guilty of sexual harassment, no appeal shall be
launched until the imposition of a sanction by the Board and time will run
from the date on which the respondent receives notice of the sanction
imposed and the reasons therefor.
3. If the complainant and respondent are unable to agree on the
selection of an arbitrator within two weeks of the filing of the written
notice of appeal, the Chair of the Committee of Ontario Law Deans will be
requested to make the choice from among those legally trained people in the
Province who have experience as Human Rights Enquiry Commissioners or
labour arbitrators. If the Chair of Law Deans is the Dean of Law at
Queen's University, the immediate past-Chair will be requested to make the
choice.
4. Costs of the appeal will be apportioned as described in paragraphs
32(b) and 35 of the Senate Statement on Grievance, Discipline and Related
Matters, and will apply to all members of the University community.
5. In the case of an appeal from the Board, the arbitrator will, save
where the appeal is confined to issues of procedure, law and/or
jurisdiction, hold a full hearing in accordance with the requirements of
the Ontario Statutory Powers Procedure Act but the hearing will not be open
to the public.
6. This right of appeal is in lieu of any entitlement to pursue a
grievance under the Senate Statement on Grievance, Discipline or Related
Matters.
7. The launching of an appeal will act as a stay on the implementation
by the Principal of any sanctions imposed by the Board until such time as
the appeal has been disposed of.
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Contact: University Secretariat
Date: Amended 23 May 1991
SENATE STATEMENT ON GRIEVANCE, DISCIPLINE AND RELATED MATTERS
PREFACE
This document sets forth the rights and responsibilities
appropriate to membership in an academic community and outlines the
appropriate structures and procedures to deal with cases of grievance
and discipline effectively, fairly and in an orderly way.
The main thrust of these recommendations is two-fold. First to
assist the existing informal, multiple channels for handling cases and
second to augment these procedures by an explicit statement of the
rights and responsibilities of the members of the university community
and by adding more visible formal procedures with clear channels of
appeal.
I INTRODUCTION
Reliance on Informality
1 There should be continued heavy reliance upon the existing
informality and multiple channels for handling cases of grievance and
discipline.
Formal Statements and Procedures
2 There should be explicit statements of the rights and
responsibilities of the members of the university community augmented
by visible formal procedures with clear channels of appeal.
II RIGHTS AND RESPONSIBILITIES WITHIN THE UNIVERSITY
Relationship of Students
3 The notion that the university administration should act in loco
parentis, that is, in the place of parents, or with parental
responsibility for the students before the law, is rejected.
Rights of Non-Union Staff
4 The Principal should ensure the preparation of a clear statement
of conditions of employment, including appropriate grievance
procedures, to cover the supporting staff who are not union members.
Rule-Makers Required to Issue Guidelines
5 Each body with rule-making authority at Queen's should issue
guidelines on the nature and limits of the authority of all decision-
makers to whom it has delegated power to act, and these guidelines
should be published for the benefit of those subject to the authority.
Regular Up-Date of Guidelines
6 Every authorized rule-making body on the campus, the Faculty
Boards, Residence Boards, the Inter-Residence Council and the AMS
and GSS for example, should review and update regularly and publish to
those within its jurisdiction any rules, regulations or statements of
duties, the breach of which might give rise to discipline or
grievances.
Code of Conduct
7 All students are required to adhere to the University's Code of
Conduct. They should also bear in mind that compliance with this code
implies non-participation in disturbances such as street parties which have
been formally prohibited by the Senate, adherence to the laws governing the
possession and/or consumption of alcoholic beverages and generally
maintaining the reputation of the University. Initial responsibility for
the enforcement of the Code rests with the Alma Mater Society, and the
Graduate Student Society on behalf of the Senate. Students who violate the
Code are brought before the AMS or GSS Judicial Committees. Jurisdiction
in cases involving non-academic discipline in an academic setting, and
academic dishonesty, rests with the relevant Faculty or School. Any
recommendations for expulsion or suspension must be forwarded to the Senate
for approval.
In general terms, acceptable conduct does not infringe on the rights
of other members of the University community and conforms to the
regulations of the University and its subordinate jurisdictions and to the
law of the land. Hence it must be emphasized that the University's system
of non-academic discipline should not be regarded as a substitute for the
civil or criminal law but rather as a complementary system that may be
derived naturally from our existence as a clearly distinguishable community
of interests. The following conduct is unacceptable and constitutes an
offence within the University community:
(a) a violation of published rules and regulations of the University or of
any authorized rule-making body within the University.
(b) failure to comply with the directions of officials of the University
acting within the scope of their authority.
(c) theft, vandalism, and wilful or negligent damage to the property of
Queen's or of a member of the University community, of the AMS, GSS, or of
any other University organization.
(d) i) assault of any nature;
ii) discrimination or harassment, based, among other grounds, on
race, religion, gender, handicap, ethnicity, national origin
or sexual orientation.
(e) all forms of academic dishonesty such as plagiarism, cheating,
furnishing false information to the University, forgery, misuse of
university documents.
(f) a violation of the rights of any member of the University community.
Precedence of this Code
8 Rules and regulations promulgated by authorized bodies should be
consistent with this code, and in situations where no body of
promulgated rules and regulations applies the general provision of
the code should govern.
Sanctions
9 As far as possible, rule-making bodies that promulgate rules and
regulations in accordance with our earlier recommendations should
specify the sanctions that apply.
III EXTERNAL RIGHTS AND RESPONSIBILITIES
Applicability of Public Laws
1O There is no privileged status accorded to university members
under our public law and none should be accorded in practice.
Violations of civil or criminal law should be dealt with principally
through the legal system of the country and not through a university
system. Unless university interests are affected, all matters of
criminal law are to be left to the police and the proper public
authorities. Officials and members of the university must continue to
exercise the judgment used by every citizen in deciding whether or not
to report any breach of the law to the police.
Reimbursement of Legal Fees
11 Where any member of the university community
(a) is not entitled to assistance under the Ontario Legal Aid
Plan, and
(b) is subject to a criminal or civil proceeding by reason of any
action taken in the performance of his/her required duties,
he/she should be entitled to hire his/her own lawyer and to be
reimbursed by the university up to the full scale of fees set
out in the Ontario Legal Aid Plan.
AMS Constables
12 Concerning AMS Constables:
(i) The chief function of the AMS constables should continue
to be crowd control at games and social functions. This
responsibility should be carried out with firmness and sensitivity.
In exercising this responsibility the authority of the AMS
constables extends to that of protecting the interests of the
university against non-members on university property, and we urge
that the AMS establish specific arrangements to cover injuries and
liabilities incurred by AMS constables in the carrying out of this
responsibility.
(ii) Under no circumstances should the AMS constables be used
as detectives or investigators.
(iii) The AMS constables should receive a wage commensurate
with the important function they perform.
(iv) In order to ensure the independence of the AMS
constables, no university financial subsidization should be permitted.
The R.C.M.P. and Police on Campus
13 The Senate believes:
(i) there should be no general continuous, permanently
authorized R.C.M.P. surveillance on the campus;
(ii) under no circumstances should the R.C.M.P. be encouraged to
place undisclosed agents or informers in university classrooms,
societies, offices, or clubs or to recruit such persons;
(iii) no use of electronic or other mechanical listening devices
should be permitted.
(iv) machinery should be set up and publicly announced whereby
the university or any member of its staff or student body who finds
reason to believe that police surveillance is being performed on the
university campus, may appeal to a special government authority named
and known as being responsible for dealing with such appeals.
(v) the University Grievance Advisors will assist members of the
University in police inquiries and be present at all interviews
arising out of such inquiries.
Confidentiality and Release of Information
14 As discretionary safeguards to protect personal relationships
that are formed at the University the following guidelines are
recognized:
(i) All information relating to faculty members, students, or
employees of the university and gathered or held by the University, its
faculty or other employees, obtained in respect of university
affiliation be treated as private except as provided in (ii) and (iii)
herein.
(ii) The following be regarded as public information:
(a) Lists of graduates, and scholarships awarded;
(b) Local and home address, program in which the student
is or was registered, number of years in attendance,
degrees obtained and when;
(c) Information of the kind now made public by the
university in such publications as the Principal's
Report, or the Calendars.
(iii) The following private information be excluded from these
guidelines recognizing that there are adequate safeguards existing in
the standards of professional ethics and the duties required by law:
(a) professional communications concerning members of the
university (by way of example those commitments among
members of the legal or medical professions);
(b) necessary communications between faculties and external
bodies having responsibility for professional
qualifications.
(iv) Private information be made available to designated
authorized personnel within the university concerned with the purposes
for which the information was collected.
(v) When private information is stored in computer data banks,
precautions be taken to ensure that controls are developed to limit
access strictly to those individuals prescribed in (iv).
(vi) Except as stated above private factual information be
released only with the authorization of the person to whom the
information relates. This may be facilitated by a blanket
authorization to a department or faculty for a release of information
concerning himself or herself, as for example by the person seeking
employment or entry to other universities. Where information is
requested by telephone and when the caller is not personally known,
the name and telephone number of the caller should be taken and the
call returned.
(vii) A written document may be designated as confidential by the
writer. In this case it should be made available only to the
addressees named in the document. When a confidential communication is
requested, the person asked to prepare such a communication should be
told to whom or what responsible group or groups the communication
will be shown and the purposes for which it will be used.
(viii) Disposition of Private Information
When private information, including information designated as
confidential, gathered within the university has fulfilled the purpose
for which it was collected, it shall be deposited in the archives of
Queen's University and be retained at all times under appropriate
security. Any such private information may be consulted by authorized
researchers under the supervision of the University Archivist twenty-
five years after the subject has left Queen's University with the
authorization of the individuals involved or, if deceased, their
executors or next of kin, and in any case ten years after the death of
the individuals involved.
(ix) An exception to the release of information will be made:
(a) in the case of that information required by the
Government of Canada by its laws, or
(b) when the Government of Ontario requests such informa-
tion in order to determine the level of support and
other essential aspects of University operation, or
(c) where the Council of Ontario Universities requests
such information.
In all cases where such information is released, a document
satisfactory to the University Solicitor must be furnished by the
agency requesting the data to ensure that the information made
available to them remains strictly confidential.
Privacy of Library Records
15 Any records which may be necessary for the orderly distribution,
location and use of information materials by individuals, which may be
maintained by university libraries, are to be used solely for the
orderly purposes of library business, and are to be considered
private.
Recruitment on the Campus
16 The Senate shall maintain the power and responsibility of laying
down general rules with regard to student recruitment on campus by
off-campus employers and organizations.
Special Status of Medical Students
17 The Queen's Medical School should continue to assume delegated
disciplinary powers from the Ontario College of Physicians and
Surgeons.
IV SYSTEM FOR HANDLING GRIEVANCES AND DISCIPLINE
WITHIN THE UNIVERSITY
Formalization of Grievance Administrative Structure
18 The informal methods which currently exist should be retained but
some formalization of the administrative structure for dealing with
grievances, and appeals in discipline, to ensure that any grievor can
ultimately get a hearing that can be seen to be just, is necessary.
Right to Discipline and to Appeal
19 Discipline is, and should continue to be, meted out by
administrative officers of the university, by departmental committees
or Faculty Boards, and by the AMS and GSS Judicial Committees.* From
any of these decisions there should be a right of appeal and such
appeals fall into the grievance channel.
*Since the original Statement on Grievance, Discipline and Related
Matters was approved by the Senate in 1972 the Graduate Student
Society separated from the AMS and established its own judicial
arrangements, and the AMS Court was renamed "Judicial Committee".
Students and Faculty Subject to the Same Code of Conduct
2O (i) Subject to any exceptions specifically provided for by
Senate, students and faculty shall be subject to the same Code of
Conduct and shall have access to the same grievance procedure.
Who May/May Not Use Grievance Procedures
(ii) The term "grievor" within the grievance procedures set forth
in the Senate Statement on Grievance, Discipline and Related Matters
shall include:
(a) Any student who is registered in an academic program at
Queen's University on either a full-time or part-time
basis or who was so registered at the time of the occur-
rence upon which the grievance is based;
(b) Any faculty member who holds a regular academic appoint-
ment at Queen's University, including Special
Appointees, on either a full-time or part-time basis,
or who held such an appointment at the time of the
occurrence upon which the grievance is based. Grievance
rights are also available to Sessional Appointees,
Adjunct Academic Staff, and Academic Assistants.
(c) Any employee of Queen's University who holds an appoint-
ment directly from the Principal, or who held such an
appointment at the time of the occurrence upon which the
grievance is based.
(d) Where the grievance is based on a decision made by the
University or one of its bodies which affects the
aggrieved person, the aggrieved person is a grievor if
the event giving rise to the need for the decision on
which the grievance is based occurred while the
aggrieved person was registered or employed within the
meaning of sections 2O (ii) (a), (b) and (c), notwith-
standing the fact that at the time of the decision it-
self, the aggrieved person was no longer registered or
employed within the meaning of sections 2O (ii) (a),
(b) and (c).
(iii) The word "grievor" within the grievance procedures set forth in
the Senate Statement on Grievance, Discipline and Related Matters shall not
include:
(a) Non-academic employees of Queen's University who are
included within a union collective bargaining agree-
ment; or
(b) Non-academic employees or support staff of Queen's
University who do not hold appointments included
within sub-paragraph 2O(ii).
Visibility of Lines of Appeal
21 There should be a clearly advertised line of appeal in matters of
grievance by faculty and students.
Time Limit for Grievance
22 (a) A grievor shall lodge a grievance or an appeal from an
adverse decision within two weeks of the adverse decision or incident
with respect to which the grievance pertains.
(b) The person with whom the grievance is lodged and the person
to whom any subsequent appeal is taken must respond to the grievor
within two weeks of the date upon which the grievance is received.
Failure to respond within this time shall entitle the grievor to
assume that his grievance has been denied and to appeal to the next
higher decision-maker.
In the event that it is necessary to refer the grievance to a
body which meets with a frequency of more than once per month, the
grievance shall be placed on the agenda of the meeting immediately
following the receipt of the grievance. If the frequency of regular
meetings is less than once per month, a special meeting of the body
shall be convened within two weeks to consider the grievance. A
report of the decision shall be mailed to the grievor within one week
of the meeting at which the grievance was considered.
Contents of Response
(c) The response to a grievance shall set forth in writing:
(i) the decision including any sanction or other
penalty which has been imposed;
(ii) the reasons for the decision including the facts
upon which the decision was based;
(iii) the person with whom any appeal from the decision
may be lodged;
(iv) the time within which any appeal may be lodged;
(v) the persons such as the grievance advisors to
whom the grievor may turn for assistance.
Failure to Adhere to Time Limits
(d) Unless the time limits for pursuing the grievance are adhered
to by the grievor, the grievor shall be precluded from pursuing the
matter further. The party to whom an appeal is taken, however, may
extend the time for pursuing the grievance or appeal.
Jurisdiction of Grievance Board
23 (a) There shall be a Grievance Board with jurisdiction to deal
with grievances with respect to any of the following matters:
(i) decisions made by the university or one of its
constituent parts;
(ii) acts or omissions to act by the university or one
of its constituent parts with respect to violations
of, or non-compliance with, any of the rules, regu-
lations, directions, or laws referred to in para-
graph II of this document;
(iii) acts or omissions to act by the university or one
of its constituent parts with respect to violations
or infringements of the rights of any member of the
university community, including but not restricted
to the right to freedom of speech.
Exclusions from Jurisdiction
(b) The following matters are excluded from the jurisdiction of
the Grievance Board:
(i) matters involving tenure;
(ii) decisions with respect to salary;
(iii) the academic substance of decisions and assessments.
Jurisdiction of Grievance Board Concerning Faculty Promotion
(c) The Grievance Board has jurisdiction to deal with grievances
with respect to the decision of the Principal to deny promotion to
ranks other than full professor and with respect to the decision of
the Board of Trustees on the recommendation of the Principal to deny
promotion to full professor on the following grounds:
(i) that the decision was based in whole or in part on
discriminatory considerations of the class prohibited
by Section 4 of the Ontario Human Rights Code, S.O.
1981, c.53 (namely, citizenship, creed, age, sex,
record of offences, marital status, family status or
handicap) or on sexual preference;
(ii) that the decision was based in whole or in part on
considerations that constitute a violation of academic
freedom; or
(iii) that the procedures laid down in the Senate Statement
on Promotion Policy were not observed.
Composition of Grievance Board
(d) A Grievance Board shall consist of the following members who,
save and except the chairman, shall be empanelled afresh for each
grievance:
(i) either the chairman (who shall usually be a member of
the Faculty of Law) or alternate chairman (who shall
not usually be from the same Faculty as the Chairman)
both of whom shall be appointed by the Senate to
advise the Grievance Board on matters of law and
procedure; and
(ii) one student senator drawn by lot excluding the AMS
President or his delegate and any student senators
from the Faculty of Law; and
(iii) one faculty senator drawn by lot excluding any
senators from the Faculty of Law.
Notice of Intention to Appeal
24 (a) A grievor, after exhausting all other remedies and appeals
within the university may, within 2 weeks of the last decision
complained against, appeal to the Grievance Board by filing a written
Notice of Intention to Appeal with the Secretary of the Senate.
Unless the time limit for filing the Notice of Intention to Appeal is
adhered to, the grievor shall be precluded from pursuing his or her
appeal, however, the Grievance Board Chairman may extend the time
where the circumstances justify such an extension.
(b) The Principal shall have the power, when a grievor has
appealed to him, to refer the matter to the Grievance Board by
notifying the Secretary of the Senate. After such notification, the
hearing of the grievance shall proceed as if the grievor had filed a
Notice of Intention to Appeal to the Grievance Board.
Powers of the Grievance Board
25 (a) The Grievance Board shall investigate any grievance properly
before it and may interview and take statements from any person who
may have the information relevant to the grievance or appeal.
(b) The Grievance Board upon completing its investigation may
make one or more of the following dispositions, namely:
(i) Refer the matter with or without a recommendation
to the appropriate faculty board, council or other
deliberative body of the university for reconsidera-
tion with a requirement that the Faculty Board,
council or other body report to the Grievance Board
with respect to the disposition of the grievance.
The Grievance Board shall retain jurisdiction over
the grievance pending the receipt of a report.
Upon receipt of the report, the Grievance Board shall
prepare a final statement which shall determine
whether there has been compliance with the recom-
mendations of the Grievance Board.
(ii) Report to Senate concerning the Grievance.
(iii) Make a public report concerning the grievance.
(iv) Make recommendations to any constituent part of the
university.
(v) Convene Senate on short notice for the purpose of
debating any matter of policy or principle arising
from the grievance.
(vi) Report that no action should be taken with respect
to the grievance and dismiss the appeal.
Function of the Grievance Board
26 In any appeal, the Grievance Board shall determine whether the
circumstances of the grievance merit further action or reconsideration
by the university or one of its constituent parts. If either the
student or the faculty member of the Grievance Board decides that the
circumstances of the grievance merit further action or reconsideration
by the university or one of its constituent parts, the Grievance Board
shall select one or more of the alternatives set forth in paragraph
25 other than dismissing the appeal. If the student member and the
faculty member of the Grievance Board are unable to agree upon a
disposition, the Board Chairman shall, in conjunction with the other
members of the Grievance Board, determine the manner of disposition
other than dismissing the appeal.
Rules of Procedure for Grievance Board
27 The Rules of Procedure for the Grievance Board are set forth in
Appendix A and shall apply to all Grievance Board hearings. If the
circumstances of a particular grievance require, the operation of
certain rules may be waived from time to time by the Grievance Board
Chairman, provided such waiver does not conflict with other
regulations of the University or substantially interfere with the
ability of the parties to present their views as fully as would be
possible under the existing rules.
Supplementary Rules
28 The Grievance Board Chairman shall have the power to issue
supplementary "Rules of Procedure" to govern the conduct of Grievance
Board hearings. Rules issued pursuant to this power shall not
conflict with the Senate regulations and shall be filed in the Senate
Office.
Ultimate Tribunal
29 (a) There shall be an Ultimate Tribunal with authority to make a
final disposition of any appeal from the Grievance Board or the AMS or
GSS Judicial Committees.
Selection of Outside Arbitrator
(b) The Ultimate Tribunal shall consist of a legally trained
independent outside arbitrator to be agreed upon by the parties
involved in a grievance. In the event that the parties are unable to
agree upon an arbitrator within two weeks of the Notice of Intention
to Appeal to the Ultimate Tribunal, the Chairman of the Committee of
Ontario Law Deans shall be requested to make the choice from among
those legally trained people in the Province who have experience as
Human Rights Enquiry Commissioners or labour arbitrators. If the
Chairman of the Committee of Law Deans is the Dean of Law at Queen's
University, the immediate past-Chairman shall be requested to make the
choice.
Notice of Appeal
3O (a) Any party to a proceeding before the Grievance Board may
within two weeks of the final disposition by the Grievance Board apply
for a hearing before the Ultimate Tribunal by filing a written Notice of
Intention to Appeal to the Ultimate Tribunal with the Secretary of the
Senate.
Security for Costs
(b) Prior to the appointment of the outside arbitrator, the
appellant (other than the university) shall deposit with the Secretary
of the Senate the sum of $25O as security for the payment of the
arbitrator's fees and expenses and other costs of the Ultimate
Tribunal hearing, together with a written undertaking (in the form set
forth in Appendix B) to pay such share of the fees and expenses of the
arbitrator as may be determined pursuant to paragraph (33). If the
sum of $25O is not deposited or the written undertaking is not filed
within six weeks of the filing of the Notice of Intention to Appeal to
the Ultimate Tribunal, the appeal should be deemed to have been
abandoned.
(c) The Grievance Board Chairman may, in special circumstances,
extend the time limits both for the filing of Notice of Intention to
Appeal pursuant to 3O(a), and for the payment of the security deposit
and filing of a written undertaking pursuant to 3O(b).
Appeals from Grievance Board
31 In the case of appeals from the Grievance Board, the Ultimate
Tribunal shall hold a full hearing with respect to the grievance in
accordance with the requirements of the Statutory Powers and Procedure
Act of the Province of Ontario. The hearing shall normally be open to
the public but the arbitrator shall have absolute discretion to close
the hearing.
Appeals from AMS and GSS Judicial Committees
32 Decisions of the AMS and GSS Judicial Committees may only be
appealed as follows
(a) matters of discipline may be appealed to the Grievance Board,
(b) matters involving expulsion or suspension from the university
may be further appealed from the Grievance Board to the Ultimate
Tribunal. In such cases, the Ultimate Tribunal shall hold a full
trial of the matter in accordance with the requirements of the
Statutory Powers and Procedure Act of the Province of Ontario with the
onus on the prosecution to establish the disciplinary breach in
question.
Costs Related to Ultimate Tribunal
33 (a) Except as otherwise provided in this paragraph, the fees and
expenses of the arbitrator and other costs of the Ultimate Tribunal
hearing shall be borne equally by the parties to the appeal, and each
party shall bear its own legal costs of appearing before the Ultimate
Tribunal.
(b) In an appeal wherein the university or one of its constituent
parts is a party, and either
(i) the Ultimate Tribunal disposes of an appeal in favour
of the grievor;
(ii) the university has not complied with the recommenda-
tions of the Grievance Board; or
(iii) the university is the appellant before the Ultimate
Tribunal;
the university shall bear all of the fees and expenses of the
arbitrator and other costs of the Ultimate Tribunal hearing and, in
addition, the university shall pay legal fees incurred by the grievor
related to the appearance before the Ultimate Tribunal on the scale
established under the Ontario Legal Aid Plan for proceedings in the
County Court up to a maximum, of $15OO.
(c) If an appellant fails to pay his or her share of the
arbitrator's fees and expenses and other costs of the Ultimate
Tribunal hearing as determined in accordance with paragraph (33)
within 3O days of the arbitrator's decision, any sum deposited as
security for the payment of costs pursuant to section (3O)(b) shall be
forfeited to the university. In such an event the university shall
pay the appellant's share of the arbitrator's fees and expenses and
other costs of the Ultimate Tribunal hearing and be entitled to
recover the amount of such payment, less the forfeited deposit, from
the appellant.
(d) The Principal shall be responsible for engaging legal counsel
to represent the university or any of its constituent parts other than
the grievor in relation to any hearings of the Ultimate Tribunal. If
legal counsel is engaged pursuant to this paragraph, the University
shall bear the fees, costs and expenses of such legal counsel.
(e) The maximum financial liability of the university pursuant to
this paragraph in any fiscal year shall be $15,OOO, provided that upon
special application the Board of Trustees may authorize an expenditure
in a specific fiscal year of a sum greater than $15,OOO.
Costs Prior to Ultimate Tribunal
34 At any stage of the grievance process prior to a hearing before
the Ultimate Tribunal, any individuals or groups shall be responsible
for paying their own costs and legal fees.
Permanent Secretariat
35 The Senate Office shall act as permanent secretariat for the
Grievance Board and the Ultimate Tribunal including the responsibility
for providing secretarial assistance and administrative services to
the Grievance Board and the Board Chairman, and for providing
administrative services to the Ultimate Tribunal.
Functions of the Senate
36 (a) The Grievance Board is a committee of the Senate and
grievances deemed by the Board to be mainly matters of policy shall be
referred by the Grievance Board to the Senate for debate.
(b) If any grievor could persuade the Senate to debate his case,
the Senate's ruling would overrule that of the Ultimate Tribunal;
however, as a general rule, the Senate, as a matter of institutional
self-restraint, should refuse to perform this function.
(c) the Senate shall continue to have legislative authority to
change any rules relating to grievance and discipline.
(d) Only the Senate can dismiss a student from the University
for cause.
Grievance Advisors
37 University Grievance Advisors
(a) There shall be three University Grievance Advisors appointed
by Senate for three year renewable terms, from the ranks of teaching
faculty. If necessary, the University Grievance Advisors should have a
reduction in other responsibilities and, if experience proves that the
University Grievance Advisors are overburdened, other such officers
should be appointed. It is preferable that the University Grievance
Advisors should not be absolved completely from teaching duties.
(b) The function of the University Grievance Advisors shall be to
provide advice and support to a student or faculty member who, for
whatever reason, political, social or psychological, does not wish to
enlist the support of other support persons or groups.
(c) When requested by any interested party a University Grievance
Advisor may, as of right, be present at any meeting between the
grievor and any decision-maker. The right to have the University
Grievance Advisor present shall be in addition to the right of the
grievor to be accompanied by a person of his choice at any stage of
the grievance procedure.
(d) The University Grievance Advisors shall have the power at
any stage of the grievance procedure prior to the filing of a Notice
of Intention to Appeal to the Grievance Board, whether or not all
appeals by the Grievor have been exhausted, to refer the matter to the
Grievance Board by notifying the Secretary of the Senate and the
Chairman of the Grievance Board. After such notification, the hearing
of the grievance shall proceed as if the grievor had filed a Notice of
Intention to Appeal to the Grievance Board.
(e) (i) The University Grievance Advisors shall also act in the
capacity of Faculty-Student Advisors. In this role
they will assist members of the university community
and the police to conduct the legitimate business of
the police effectively while protecting the freedom
of the University and preventing the misunderstanding
that arises from clandestine investigations;
(ii) Members of the university community should be advised
that any police inquiries should be directed to the
Senate Office. Students or staff, such as
pathologists, who in their professional capacity
have regular contact with the police, should inform
the Senate Office of the nature of the relationship
and establish the extent to which the services of a
University Grievance Advisor may be required.
(iii) All interviews arising out of inquiries initiated by
the police should be held in the presence of a
University Grievance Advisor. The University
Grievance Advisor should ensure that the subject
under investigation is the only matter examined
by the police.
(iv) When an individual wishes a formal security clear-
ance in accordance with the normal procedures of
the police, he should authorize through a University
Grievance Advisor, in writing, the release of the
private information requested by the police.
Security inquiries initiated by the individual
concerned will be conducted according to the
prescribed practice of the police.
(v) In all police inquiries that are not initiated by
the individual concerned, all questions and
answers should be in writing and minutes of the
interviews should be kept by the Senate Office.
In this type of inquiry, private and confidential
information which the University may have on file
concerning students and faculty members shall be
released only when there has been a warrant issued.
And when such a warrant has been issued, the
individual being investigated should be advised of
the inquiry and be permitted to see the file that
has been released to the police.
(vi) The Senate shall receive an annual report from the
University Grievance Advisors which shall include
the number of police inquiries received.
Library Fines
38 Library fines shall continue as long as ultimately there is the
right of appeal to a "judicial" tribunal.
Discipline in Residences
39 The structure and procedures for dealing with discipline in the
university residences are delegated to the governing bodies of the
residences, subject to the requirement that these governing bodies
allow appeals from residence disciplinary decisions to the AMS or GSS
Judicial Committees on certain specified grounds approved by the
governing bodies.
AMS and GSS Judicial Committees
4O The AMS and GSS Judicial Committees shall continue to exercise
jurisdiction over students in specified non-academic matters including
the power, as determined by the By-laws of the AMS and GSS, to invoke
the full range of sanctions for conduct contrary to the By-laws
including suspension and expulsion. Appeals from the AMS and GSS
Judicial Committees shall be dealt with as out-lined in #32.
Effective Date of Sanction or Penalty
41 No sanction or penalty other than a reprimand or a warning may be
put into effect until the person affected has either exhausted all
channels of appeal or grievance, or has allowed the time for appeal to
lapse. The university administration retains the power, where
necessary, to relieve a staff member of his duties or to suspend a
student from all or some of the student's courses or programs pending
the outcome of his or her appeal, provided that any salary or other
benefit shall continue.
Appeal Procedures and Decisions on Tenure
42 It should be made very clear that the decision to grant or deny
tenure is to be based on an overall assessment of a faculty member's
performance. Thus, in no case should the tenure determination be
initiated, continued or completed while a grievance or an appeal from
discipline affecting a faculty member is in process. Once the appeal
procedure has been exhausted, the decision to grant or deny tenure may
be made.
Appeals Relating to Salary and Promotion
43 Appeals against decisions relating to salary and promotion which
do not involve matters of tenure, should fall into the normal
administrative appeal channels, and not proceed by way of the
Grievance Board and Ultimate Tribunal.
AMS Constables and Crowd Control
44 The AMS constables should be given responsibility and authority
to control crowds at formal university functions, including athletic
and social events, and to deal with disorder and disruption on the
campus.
Jurisdiction over University and Non-University Members
45 Students apprehended by AMS constables in the course of such
activities should be charged before the AMS Judicial Committee.
Faculty and non-academic staff involved in such activities would be
reported to the responsible officer of the university. Non-members of
the university would be reported to the police, as would students and
staff where appropriate, within the terms of Item III(1O) of this
document.
State of Emergency Procedures
46 In the event of violence or destruction on campus beyond the
control of the AMS constables, the Principal is empowered to declare,
after as wide consultation as is feasible in the circumstances, with
AMS and GSS officers among others, that for up to 48 hours a state of
emergency prevails. A state of emergency for more than 48 hours must
be declared by the Senate and could be rescinded only by the Senate.
When a state of emergency has been declared, the Principal has the
power to call for the help of the police or other public authorities.
Their activities will, of course, be governed by the law of the land.
The state of emergency will be terminated as soon as possible, and the
normal system of grievance and discipline will be restored. Members
of the university apprehended during the state of emergency should be
disciplined by the university in accordance with the restored system
of discipline and appeals.
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Contact University Secretariat
Revised May 23, 1991
QUEEN'S UNIVERSITY CODE OF CONDUCT
All students are required to adhere to the University's Code of
Conduct. They should also bear in mind that compliance with this code
implies non-participation in disturbances such as street parties which have
been formally prohibited by the Senate, adherence to the laws governing the
possession and/or consumption of alcoholic beverages and generally
maintaining the reputation of the University. Initial responsibility for
the enforcement of the Code rests with the Alma Mater Society, and the
Graduate Student Society on behalf of the Senate. Students who violate the
Code are brought before the AMS or GSS Judicial Committees. Jurisdiction
in cases involving non-academic discipline in an academic setting, and
academic dishonesty, rests with the relevant Faculty or School. Any
recommendations for expulsion or suspension must be forwarded to the Senate
for approval.
In general terms, acceptable conduct does not infringe on the rights
of other members of the University community and conforms to the
regulations of the University and its subordinate jurisdictions and to the
law of the land. Hence it must be emphasized that the University's system
of non-academic discipline should not be regarded as a substitute for the
civil or criminal law but rather as a complementary system that may be
derived naturally from our existence as a clearly distinguishable community
of interests. The following conduct is unacceptable and constitutes an
offence within the University community:
(a) a violation of published rules and regulations of the University or of
any authorized rule-making body within the University.
(b) failure to comply with the directions of officials of the University
acting within the scope of their authority.
(c) theft, vandalism, and wilful or negligent damage to the property of
Queen's or of a member of the University community, of the AMS, GSS, or of
any other University organization.
(d) i) assault of any nature;
ii) discrimination or harassment, based, among other grounds, on
race, religion, gender, handicap, ethnicity, national origin
or sexual orientation.
(e) all forms of academic dishonesty such as plagiarism, cheating,
furnishing false information to the University, forgery, misuse of
university documents.
(f) a violation of the rights of any member of the University community.
