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Code of Student Rights & Responsibilities - Definitions

17. Definitions

"Appeal" refers to a process for requesting a hearing to formally change an official decision or sanction imposed by the University Tribunal which adheres to specific grounds outlined in the Code.

"Appeal panel" is a panel comprised of three members from the University Tribunal including faculty, staff and student and will review and hear appeals of University Tribunal decisions. The Appeal panel members will not be the same members who heard the original case.

"Appellant" is the person who appeals the decision of the University Tribunal.

"Business day" means Monday to Friday, except for the holidays stated in the University Calendar or unforeseen closures due to weather, emergencies or work stoppages.

"Board Adviser" refers to a designated staff person who attends PRB hearings and panel meetings to provide procedural guidance and support to PRB panel members. The Board Adviser may speak at a hearing and ask questions of parties to the hearing however the Board Adviser is non-voting and does not make decisions related to complaints.

"Campus" includes all York University campuses, namely, Keele, Glendon, and York Professional Centres.

"Campus Restrictions" refer to restrictions or limitations on the student privileged access to campus, or areas of campus, including residence and housing buildings on campus. Campus restrictions may also apply to buildings, Faculties, departments, schools, divisions and programs including programs abroad.

"Complainant" refers to a role that may be taken by the person directly impacted by a conflict or incident, a Witness to the conflict or incident, or a concerned University representative. In the Peer Review Board (PRB) process, a Complainant may be a staff person presenting a complaint or incident to the PRB.

"Conciliation" refers to a voluntary process of addressing disputes with the help of a third party who meets with the parties separately in an attempt to help resolve their differences. Conciliation may or may not involve a face to face meeting between disputing parties.

"Conflict Coaching" is one-on-one process designed to help individuals identify skills and actions to constructively manage or address a specific conflict or dispute.

"Denial of Residence Eligibility" refers to a sanction which restricts a student’s ability to live in residence in subsequent academic years.

"Emergency Measures" are measures that are put in place when a student is determined to pose a risk to safety and security at the University.

"Expulsion" refers to permanently removing a student from the University.

"Hazing" is defined as an act that endangers the mental, physical health, safety and/or dignity of a student and performed as a condition of membership or during Orientation at the University,

"Mediation" refers to a voluntary process where a third-party facilitates a face to face dialogue between two or more parties and helps the parties arrive at reconciliation or a mutually agreeable resolution.

"Non-essential services" means services that are not essential for students to complete their academic requirements.

"Peer Mediation" refers to a conflict resolution process facilitated by student peers of a student Respondent and student Complainant.

"Peer Support Team" refers to a group of trained students who offer peer advice about the Code of Student Rights & Responsibilities as well as other functions such as peer mentoring and peer mediation.

"Personal information" means information about an identifiable individual, including:

  1. information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
  2. information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;
  3. address, telephone number, fingerprints or blood type of the individual;
  4. correspondence between the University and the student sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; and
  5. personal opinions or views of the individual except where they relate to another individual and the views or opinions of another individual about the individual. "Private", used in the context of this Code, means that hearings are considered "private" and they are restricted to persons who have a direct role or interest in the hearing or persons acting as witnesses.

"Probation" refers to a set of restrictions imposed in lieu of a more serious sanction or sanctions. Failure to abide by a probation order may result in the application of more serious sanctions.

"Refundable Fine" refers to an imposed fine which may be secured by a deposit of money of up to $500 which will be cancelled and the money returned if the student complies with the Code and/or an outlined behavioural standard over a specific period of time.

"Respondent" refers to a student against whom a complaint has been filed under the Code of Student Rights & Responsibilities.

"Respondent on Appeal" refers to the person against whom the appeal of a University Tribunal decision is brought forward.

"Residence Suspension" refers to the act of temporarily removing a student from University residence housing.

"Restitution" refers to a sum of money paid or services rendered in compensation for loss or damages caused.

"Restorative Justice" is a philosophy of justice that is based on specific principles and practices. In the context of this Code, restorative justice is a process for resolving an incident by focusing on redressing the harm caused, holding offenders accountable for their actions and, as often as possible, engaging the community in the resolution of the incident and identified "harm."

"Restorative Justice Circle" is a practice of restorative justice which involves bringing together direct and indirect parties, support persons, and relevant university staff into a "circle" to talk about the incident, identify harms that have been caused and collectively determine how those harms ought to be addressed.

"Restrictions on behaviour" refers to restricting a student's behaviour. Restrictions may include, but are not limited to:

  • a no-contact order;
  • ban from establishment that serve alcohol;
  • ban from non-essential activities (e.g. involvement in a student club, studying on campus, drinking alcohol on campus);
  • ban from a residence floor or building;
  • an order to sign in and out with Security when attending campus.

"Student" refers to a person who is registered as a student at York University and who is therefore bound by University policies and regulations. "Student" also refers to persons living in a York residence housing (includes residence) although not enrolled at York.

"Student Group" refers to student organizations recognized by the University, including student college councils and the student government.

"Suspension" refers to a temporary barring from the University for a specified time (e.g. 10 days, one semester, one academic year).

"University" and "institution" mean York University and all of its Faculties, departments, campuses, schools, divisions and programs including programs for study abroad.

"University premises" includes all land, buildings, facilities and other property owned, in the possession of, used or controlled by York University.