FAQ
Frequently Asked Questions
Who is responsible for laying charges of academic misconduct?The Provost (or designate) on the recommendation of the Dean will review the evidence in support of the allegation(s). If the evidence is sufficient to support the charges, the Provost will formally lay charges.
I have received a letter from the Provost in which charges of academic misconduct have been laid. What happens now?
- Once charges are formally laid, discipline counsel from the law firm of Paliare Roland Rosenberg Rothstein LLP will provide disclosure. Disclosure is a package of documents which contains all the information that has been assembled by the Faculty or Division and the Provost's office during the investigation of the alleged misconduct, including transcripts of meetings of the Dean and the accused.
- The Judicial Affairs Officer (JAO) is notified by the Provost that charges have been laid. The JAO provides the accused with a procedural letter in which the rights of the accused are defined and the composition of a hearing panel is described.
If you are charged with an academic offence, retaining legal representation is strongly encouraged. (See Resources to locate legal assistance.)
In what circumstances are charges of academic misconduct brought before the Trial Division of the University Tribunal?
- If there is sufficient evidence to support an allegation that an offence has been committed, but the accused does not admit guilt, or
- The sanction deemed appropriate, relative to the alleged misconduct, exceeds the authority of the Dean as stipulated in the Code of Behaviour on Academic Matters, or
- The accused has previously been found guilty of an offence, or
- The accused is simultaneously charged with two or more different offences involving more than one incident.
What happens if I admit guilt after the Provost has laid charges but before the Tribunal hearing takes place?
The Provost may either refer the matter to the dean, who shall impose sanctions as appropriate under section C.i.(b) of the Code of Behavior on Academic Matters, or forward the matter to a Tribunal Panel, where the panel will determine sanction to be imposed in accordance with section C.ii.(b) of the Code of Behavior on Academic Matters.
How will I know when and where my hearing is to take place?
The Judicial Affairs Officer (JAO) establishes a hearing date convenient for all parties. The JAO then sends the accused the Notice of Hearing, in which the following information is provided:
- Date and time of the hearing (most hearings are held on weekday evenings from Monday to Thursday)
- Location of the hearing (all hearings are held in either the Council Chambers or the Boardroom, located on the 2nd floor of Simcoe Hall, 27 King's College Circle)
- The names of Tribunal members who will hear the case
How long does it take for a hearing to be scheduled?
The period between the laying of charges to the hearing date varies depending on the number of witnesses required by the parties, the availability of panel members, etc.
- A panel of three people consisting of a legally qualified Chair, one student, and one faculty member adjudicates each hearing at the Trial Division of the University Tribunal.
- Discipline counsel, on behalf of the Provost, will present the case. Discipline counsel is permitted to call witnesses to testify to substantiate the charges.
- The accused (or legal representative) may question the witnesses presented by discipline counsel.
- The accused (or legal representative) then presents a defense against the charges. The accused is also permitted to call witnesses.
- The members of the panel will hear evidence and decide whether discipline counsel has proven the charges.
- If the panel makes a finding of guilt, it will then be required to determine an appropriate sanction. Both discipline counsel and the accused are permitted to make suggestions regarding sanction.
Are hearings open to the public?
Yes, hearings are open to the public in accordance with s.9.(1) of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22 as amended. Normally, however, only the individuals who are directly involved in a case will attend the hearing, that is, the 3 (three) panel members, the accused, with counsel if applicable, discipline counsel, with divisional representative, witnesses and the Judicial Affairs Officer or designate.
What must discipline counsel prove in order for the Tribunal panel to return a finding of guilt?
The burden of proof is on discipline counsel who must show on clear and convincing evidence that the accused has committed the alleged offence. The standard of proof is referred to as the "balance of probabilities", which means that discipline counsel must prove that it was more likely than not that the accused committed the offence.
Am I allowed to appeal the decision of the Tribunal?
The Provost and the accused are both given 21 (twenty-one) business day after learning of the panel's decision to appeal. For information on the appeals process, please see Discipline Appeals Board