20. College Discipline (Non-Academic Matters)

The text which follows in this section reproduces Part VIII of the By-Laws, Rules and Regulations of the Board of Governors of the University of King’s College.

Board of Appeal and Discipline

1. The discipline of the College, in other than academic matters and matters specifically assigned by the Board of Governors to another body within the University as in the case of Sexual Harassment, Equity and Wardroom policies, shall be exercised by the Board of Appeal and Discipline as described below.

2. The members of the Board of Appeal and Discipline shall be appointed at the beginning of each academic year.

3. The Board of Appeal and Discipline shall consist of:

• (a) 1 senior member of the administration (President, Vice- President, Registrar, Bursar), named by the President;
• (b) 1 member of Faculty, appointed by the Faculty;
• (c) the Dean of Students;
• (d) 1 member of staff, chosen by the staff;
• (e) 1 student, appointed by the Students’ Union;
• (f) 1 member of the Board of Governors who falls into none of the other categories; and
• (g) 1 member of the Alumni Association of at least 5 years’ standing, selected by the Association Executive.

4. The Board of Appeal and Discipline shall choose its Chair from among its members.

5. Quorum for meetings of the Board of Appeal and Discipline is five.

6. Upon receipt of:

• (a) a written appeal of an administrative decision made pursuant to the General College Regulations, (copies of which are available from the Dean of Students), or
• (b) a written complaint alleging a violation of the Code of Conduct from a member of the faculty, a student or member of the staff of the University, the Board of Appeal and Discipline shall as soon as possible refer the complaint to a trained neutral mediator appointed by the University who shall conduct an investigation to determine if the appeal or complaint has merit and/or if it can be disposed of informally by mutual consent of the parties involved on a basis acceptable to the Board of Appeal and Discipline. If an informal disposition of the appeal or complaint results, such disposition shall be final and there shall be no subsequent proceedings.

7. Where an appeal or complaint is determined to have merit and cannot be resolved informally, the Board of Appeal and Discipline shall convene as soon as possible and select, from among its members, a three-member Panel to deal with the appeal or complaint and report back to the Board of Appeal and Discipline as soon as possible.

Procedure

1. Complainants, appellants and respondents have the right to make written or oral submissions or both.

2. The proceedings of the Panel will be governed by the rules of natural justice including the right to counsel for persons appearing before it.

3. After hearing submissions, the Panel shall report back to the Board of Appeal and Discipline with a decision and a recommendation for action concerning the appeal or complaint.

Rights of Appeal

1. (a) Any student may make a written appeal to the Board of Appeal and Discipline of a decision of the Dean.
   (b) In such cases, the appeal to the Board of Appeal and Discipline shall be the final appeal.

2. In cases brought to the Board of Appeal and Discipline pursuant to subsection (6)(b), above appeal shall be to the Executive of the Board of Governors, the decision of which shall be final. After a hearing conducted on an appeal pursuant to subsection (6)(a) above, or of a complaint pursuant to subsection (6)(b) above, the Board of Appeal and Discipline shall make a report to the President which may include a recommendation for some action or penalty. Possible penalties include, but are not limited to:

• (a) formal reprimand;
• (b) letter of apology;
• (c) fines;
• (d) banishment or expulsion from the University for a time or entirely; or
• (e) suspension or removal from office.

Hearings of the Board of Appeal and Discipline will be private. The Board of Appeal and Discipline will keep all materials pertaining to complaints in strict confidence. The names of complainants, appellants and respondents will not be made public.

The exception to complete confidentiality is: a disclosure which would oblige the University, in its opinion, to take the necessary steps to ensure health, safety and security of any member of the University community.