19. University of King’s College Code of Conduct

UNIVERSITY OF KING’S COLLEGE CODE OF CONDUCT
COMMENTARY
1. The University of King’s College is a community of faculty, staff and students, involved in teaching, research, learning and other activities. All are required to abide this Code of Conduct. Similarly, family members who reside on campus with resident employees, such as the President, and guests of all members of the University are expected to abide by the Code of Conduct.
2. The University does not stand in loco parentis to its student members; that is, it has no general responsibility for the moral and social behaviour of its students, as if they were its wards. In the exercise of its disciplinary authority and responsibility, the University treats both students and employees as adults free to organize their own personal lives, behaviour and associations, subject only to the law and University regulations that are necessary to protect the integrity of University activities; the peaceful and safe enjoyment of University facilities by other members of the University and the public; the freedom of members of the University to participate reasonably in programmes of the University and in activities on the University’s premises; and the property of the University or its members. Strict regulation of such activities by the University of King’s College is neither necessary nor appropriate.
3. University members are not immune from the criminal and civil law. Provisions for non-academic discipline should not attempt to shelter students or employees from their civic responsibilities nor add unnecessarily to these responsibilities. Conduct that constitutes a breach of the Criminal Code or other statute, or that gives rise to a civil claim or action, should ordinarily be dealt in accordance with the appropriate criminal or civil law. In cases in which criminal or civil proceedings have not been taken or would not adequately protect the University’s interests and responsibilities as defined below, proceedings may be brought under the Code of Conduct.
4. The University defines standards of behaviour and makes provision for discipline with respect to conduct that jeopardizes the good order and proper functioning of the academic and non-academic programmes and activities of the University, or its schools or programmes, or that endangers the health, safety, rights or property of the University or its members or visitors.
5. Matters concerning Academic Discipline are dealt with in the manner described in the University Calendar under “University Regulations”.
6. The University of King’s College is a place of academic work. As such, none of the definitions in this Code of Conduct shall be construed in such a way as to limit or hinder normal and accepted academic freedom, expression, or practices, including professional journalistic practice as set forth in the Journalism Ethics Policy (Appendix A, University of King’s College Research Ethics Policy).

A. DEFINITIONS
Code of Conduct, approved by the Board of Governors, June 2014 5
1. In this Code of Conduct, the word “premises” includes lands, buildings and grounds of the University, or other places or facilities used for the provision of the University’s programmes or services or for University-approved events and activities, whether on or off-campus.
2. In this Code of Conduct, “student” means a person:
a. engaged in any academic work or placement which leads to the recording and/or issuing of a mark, grade or statement of performance by the appropriate authority in the University or another institution; and/or
b. registered in, enrolled in, or attending any course or class, or otherwise participating as a learner in any activity which entitles the person to the use of the University assets and facilities, such as the library, library materials, library resources, computer facility, dataset, classrooms, residential areas and dining halls.
3. In this Code of Conduct, “employee” means a person employed by the University on a full or part-time basis.
4. In this Code of Conduct, “threaten” refers to any statement or conduct which may cause a reasonable person to believe that a) her or his personal safety is endangered; or, b) property is at risk.
5. In this Code of Conduct, “harassment” refers to conduct or comments, however expressed, which are intimidating, threatening, demeaning, or abusive whether or not accompanied by direct or implied threats to grade(s), status, or job.
6. In this Code of Conduct, “discrimination” means conduct that results in unfair treatment of an individual or group on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed/religion, sex, sexual orientation, disability, age, marital status, political affiliation, criminal record, or receipt of public assistance.
7. Unless otherwise stated, a student or employee will only be liable for conduct that she or he knew or ought reasonably to have known is prohibited under this Code of Conduct.
8. Nothing in this Code of Conduct shall be construed to prohibit peaceful assemblies and demonstrations, lawful picketing or the legitimate exercise of labour rights, or to inhibit freedom of speech.

B. OFFENCES
1. This Section B sets forth conduct deemed an offence under this Code of Conduct, when committed by a student or employee of the University, provided that such conduct:
a. occurs on the premises of University of King’s College or elsewhere in the course of activities sponsored by University of King’s College or by any of its schools or programmes;
b. is not specifically assigned by the Board of Governors to another disciplinary body within the University;
c. is not subject to action pursuant to the disciplinary authority of the King’s Students’ Union;
d. is not subject to action under the College Regulations;
Code of Conduct, approved by the Board of Governors, June 2014 6
e. is not subject to action under the Residence Guidelines unless some non-residence University interests are deemed to be involved, in which case the President may specifically authorize proceedings under this Code of Conduct;
f. is not subject to action under the Wardroom Code of Conduct unless some non-Wardroom University interests are deemed to be involved, in which case the President may specifically authorize proceedings under this Code of Conduct.
2. Offences against Persons
a. No student or employee shall assault another person sexually, or threaten any other person with sexual assault or commit an act of sexual harassment toward another person.
b. No student or employee shall otherwise assault another person, threaten any other person with bodily harm, or cause any other person to be reasonably fearful of bodily harm.
c. No student or employee shall create a condition that unnecessarily endangers the health or safety of other persons.
d. No student or employee shall threaten any other person with damage to or loss of such person’s property, or cause any other person to be reasonably fearful of damage to or loss of her or his property.
e. No student or employee shall engage in a course of vexatious conduct, harassment or discrimination that is directed at one or more specific persons among those with whom he or she associates.
f. No student or employee shall engage in unwelcome or persistent conduct that the student or employee knows, or ought reasonably to know, would constitute harassment. Examples of such conduct include, but are not limited to:
i. following another person, or anyone known to that person;
ii. unwanted communication with another person or anyone known to that person;
iii. watching the residence or place of work of another person or anyone known to that person;
iv. threatening another person or any member of the family, friends or colleagues of the other person;
v. coercing, enticing or inciting a person to commit an act that is humiliating or demeaning to that other person or to others.
3. Disruption, etc.
No student or employee shall, by action, threat or otherwise, disrupt, obstruct or adversely affect any activity organized by the University of King’s College or by its schools or programmes, or the right of other persons to carry on their legitimate activities, to speak or to associate with others.
4. Offences Involving Property
a. No student or employee shall take without authorization, misuse, destroy, deface or damage the property of the University, or property that is not her or his own, or information or intellectual property belonging to the University or to any of its members.
b. No student or employee shall possess the property of the University, property in the custody of the University, or property that is not her or his own if he or she knows that property to have been taken without authorization.
Code of Conduct, approved by the Board of Governors, June 2014 7
c. No student or employee shall create a condition that unnecessarily endangers or threatens the loss or damage to property of the University or of any of its members.
5. Unauthorized Use of University Facilities, Equipment or Services
a. No student or employee shall inappropriately or without authorization (express or implied) use any facility, equipment or service of the University.
b. No student or employee shall enter or remain on any premises, to which he or she does not have legitimate access.
c. No student or employee shall use any University computing equipment, facility, network or system for any disruptive or unauthorized purpose, or in a manner that violates any law, or the University’s regulations, policies and procedures.
Examples of inappropriate use of computer equipment, facilities, networks and systems may include, but are not limited to:
i. copying, removing or distributing software and/or data without authorization;
ii. using another person’s account, or misrepresenting themselves as another user;
iii. disclosing confidential passwords, access codes, etc., assigned to themselves or others;
iv. interfering with the work of others using computing equipment, facilities, networks, systems or accounts;
v. displaying, transmitting, distributing or making available information that is discriminatory, obscene, abusive, derogatory, or harassing;
vi. breaching terms and conditions of software licensing agreements;
vii. interfering with the normal operation of computing equipment, facilities, networks or systems by, among other things, flooding the network with messages, sending chain letters or pyramid solicitations;
viii. using the University’s computing equipment, facilities, networks and systems for profit or commercial gain.
d. No student or employee shall destroy, misplace, misfile, or render inoperable any stored information within the University such as books, film, data files or programs from a library, computer or other information storage, processing or retrieval system.
6. Aiding in the Commission of an Offence
No student or employee shall encourage or aid another student or employee in the commission of an offence defined in this Code of Conduct, or encourage or aid behaviour by a non-student or non-employee which, if committed by a student or employee, would be an offence under this Code of Conduct.
7. Alcohol and Drug Use
No student or employee shall contravene the Liquor Control Act of Nova Scotia or the Controlled Drug and Substance Act of Canada.
8. False Information and Identification
Code of Conduct, approved by the Board of Governors, June 2014 8
a. No student or employee shall knowingly furnish false information to any person or office acting on behalf of the University.
b. No student or employee shall forge, alter or misuse any document, record or instrument of identification.
c. No student or employee shall knowingly furnish false information to any person regarding his or her standing, status or academic record at University of King’s College.
9. Unauthorized Possession of a Firearm or Weapon
No student or employee shall possess a firearm or other weapon or hazardous materials on the University premises without the specific written permission of the President.
10. Contravention of College Regulations
When a rule, regulation or policy of the University prohibits or requires certain conduct but does not provide any penalty for breaches of the rule, regulation or policy, breaches shall be dealt with under this Code of Conduct.
11. Other
a. No student or employee shall contravene any provision of the Criminal Code or any other federal, provincial or municipal statute on the premises of the University or in the course of the University’s programmes or services, or University-approved events or activities.
b. No one shall violate the rules of confidentiality of any University committee or other body.

C. STRUCTURE OF RESPONSIBILITY FOR THE REGULATION OF CONDUCT
As members of a community, all students and employees of the University have a responsibility to ensure good conduct within its premises. The actual exercise of sanctions is ultimately that of the Board of Governors, who delegate that duty to the Board of Appeal and Discipline and to the President and her or his delegates. The President and her or his delegates (the Bursar and Security staff for campus security and the Dean of Students with the dons and Patrol for the general regulation of residence and student life) take immediate responsibility for day-to-day discipline on campus. Appeals from disciplinary decisions or requests for further disciplinary action shall be referred to the Board of Appeal and Discipline which has the responsibility to deal with such referrals following the procedures outlined in a) Section G of this Code of Conduct and b) the University’s By Laws, Rules, and Regulations, as stated in Part VII, Appeals and Discipline of the Yellow Book.

D. COLLEGE REGULATIONS
The University will have in place a set of “College Regulations” which outline in detail particular campus behaviours that are expected of students and employees. The College Regulations do not take precedence over the Code of Conduct, but are an application of the Code of Conduct to the particularities of life on campus. Those individuals found in violation of these Regulations will be held accountable under Section E of this Code of Conduct.

E. PENALTIES
1. Students or employees who commit and offence under this Code of Conduct shall be liable to the penalties set out in this Section E. Penalties may be applied by the President of the University, his or her designate, by the Board of Appeal and Discipline, or by the Executive of the Board of Governors.
2. Penalties, including but not limited to the following, may be imposed upon any student found to have violated the Code of Conduct:
a. Restitution – Compensation for loss, damage or injury. This may take the form of appropriate Warning – A notice in writing to the individual that he or she is violating or has violated institutional regulations.
b. Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the individual is found to violate any institutional regulation(s) during the probationary period.
c. Fines – Amounts are to follow the schedule established annually and published by the Dean of Students on the King’s website.
d. Loss of Privileges – Denial of specified privileges for a designated period of time.
e. Restitution – Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
f. Discretionary Sanctions – Work assignments, service to the University or other such discretionary assignments that are considered appropriate.
g. Conditions – Conditions may be imposed upon the individual’s continued presence on campus.
h. Suspension – Suspension of the individual from the University for a specified period of time, after which he or she is eligible to return. Conditions for readmission may be specified.
i. Expulsion – Permanent separation of the individual from the University.
3. Only the Board of Appeal and Discipline (or the Executive of the Board of Governors on appeal) may exercise penalty (i) expulsion.
4. Penalties, including but not limited to the following, may be imposed upon any employee found to have violated the Code of Conduct:
a) Warning – A notice in writing to the individual that he or she is violating or has violated institutional regulations.
b) Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the individual is found to violate any institutional regulation(s) during the probationary period.
c) Loss of Privileges – Denial of specified privileges for a designated period of time.
d) Restitution – Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
e) Discretionary Sanctions – Work assignments, service to the University or other such discretionary assignments that are considered appropriate.
f) Conditions – Conditions may be imposed upon the individual’s continued presence on campus.
g) Suspension – Suspension of the individual from the University for a specified period of time, with or without loss of pay, after which he or she is eligible to return. Conditions for readmission may be specified.
h) Termination – Termination of the individual’s employment with the University.
Code of Conduct, approved by the Board of Governors, June 2014 10
5. More than one of the penalties listed above may be imposed for any single violation.
6. Other than expulsion from the University and suspension for the duration of its effect, disciplinary penalties shall not be made part of the student’s academic record, but shall be kept on file in the Office of the President or the Dean of Students for use in the event of further breaches of this Code of Conduct.
7. Any offence committed by an employee shall be kept on file in the Office of the President in that employee’s personnel file.
8. No student or employee found guilty of an offence under this Code of Conduct shall refuse to comply with a penalty or penalties imposed under the procedures of this Code of Conduct. Such refusal will constitute grounds for the imposition of additional penalties.
9. The Board of Appeal and Discipline may direct that a penalty be held in abeyance during the absence from the University of the student or employee for any reason, including the interruption of a student’s registration at the University.

F. INTERIM SUSPENSION
The President, or a designate, may impose an interim suspension prior to a hearing before the Board of Appeal and Discipline for the following reasons only:
1.
a. to ensure the safety and well-being of members of the University community or preservation of University property;
b. to ensure the student or employee’s own physical or emotional safety and well-being; or
c. to eliminate the threat of disruption or interference with the University’s operations or activities which the student or employee poses.
2. During the interim suspension, students or employees may be denied access to specified campus facilities (including classes) and/or any other University activities or privileges for which the student or employee might otherwise be eligible, as the President or the designate may determine is appropriate.
3. A student or employee who is the subject of an interim suspension may request a hearing before the Board of Appeal and Discipline on the issue of the interim suspension itself. This request shall be submitted in writing, with reasons, to the Chair of that Board. The Board shall hear the matter, including submissions by the President or designate, within 10 University business days, and shall have the authority to confirm, negate or alter the terms of the interim suspension.

G. PROCEDURES FOR COMPLAINT AND APPEAL
Complaints and appeals are in the first instance directed to the administration (President or designate), who will attempt to resolve the issue informally as outlined below. If there is no resolution, the complaints and appeals are directed to the Chair of the Board of Appeal and Discipline, according to the procedures outlined in the
Code of Conduct, approved by the Board of Governors, June 2014 11
University’s By-Laws, Rules and Regulations, Part VII, Appeals and Discipline.
1. Whenever possible and appropriate, issues will be resolved using informal measures before resorting to formal disciplinary procedures.
2. Any person may make a complaint regarding misconduct. A complaint shall be prepared in writing and directed to the President or designate. Any complaint should be submitted within 10 University business days after the event takes place. All complaints shall be provided to the person against whom the complaint is made in written form. Along with notice of the complaint the accused shall be advised of her/his right to be represented throughout the process.
3. The President or designate shall conduct an investigation within 10 University business days of receiving the complaint to determine if the 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 President or designate. If an informal disposition of the complaint results, such disposition shall be final and there shall be no subsequent proceedings.
4. An agreement that a student will withdraw from the University for a period of time, or not re-register, may be part of an informal disposition of a complaint. In such instances this will not be recorded on the student’s academic record, but a “block” on further registration may be entered in the student information system.
5. The President shall report annually to the Board of Governors regarding the number and nature of complaints that are disposed of informally.
6. If the complaint cannot be resolved informally through the procedures described in Section 3, or if in the judgment of the President or designate it is not appropriate for the complaint to be so resolved, the President or designate shall refer the complaint to the Board of Appeal and Discipline for a formal hearing within 10 University business days of the decision regarding the informal resolution of the complaint. If the President does not offer a timely decision or refer the complaint within a timely manner, the complainant may forward the complaint to the Chair of the Board of Appeal and Discipline directly.
7. Where there are criminal or civil proceedings pending against the student or employee for conduct related to the complaint, the President or designate may defer prosecution of the complaint on such terms and conditions as are appropriate in the circumstances (including an interim suspension, in the case of a student) until the conclusion of all or part of such proceedings. Conviction of a criminal offence will be considered prima facie evidence of a parallel offence under this Code of Conduct.
8. Any statements an accused student or employee makes to the President or designate in the course of an attempt to resolve a complaint informally shall not be submitted to the Board of Appeal and Discipline as evidence.
9. Hearings shall be conducted by the Board of Appeal and Discipline according to procedures outlined in the University’s By-Laws, Rules, and Regulations, Part VII, Appeal and Discipline.
10. The President or designate shall present the complaint.
Code of Conduct, approved by the Board of Governors, June 2014 12
11. A student or employee must be given five University business days’ notice of a hearing before the Board of Appeal and Discipline. The hearing may proceed and the evidence presented and considered in the absence of the student or employee provided adequate notice was given. A student or employee will not be found to have violated the Code of Conduct solely because he or she failed to appear before the Board of Appeal and Discipline, unless part of the issue is that the student or employee failed to obey a summons from the Board or other University official.
12. A ruling of the Board of Appeal and Discipline may be appealed to the Executive of the Board of Governors, whose decision shall be final. Such appeal shall only be made on the basis of a denial of natural justice or procedural fairness. The appeal must be made within 10 University business days of the decision of the Board of Appeal and Discipline.
13. Hearings shall be conducted by the Executive of the Board of Governors according to procedures outlined in the University’s By-Laws, Rules, and Regulations, Part VII, Appeal and Discipline.

H. REVIEW OF POLICY
The Board of Governors will review this Code of Conduct after five years.