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Code of Student Rights & Responsibilities - The Process for Dealing with a Breach of Community Standards

5. The Process for Dealing with a Breach of Community Standards

  1. Filing a Complaint
    Any student, staff or faculty member (a Complainant) may file a complaint under this Code, alleging a breach of community standards by a student.

    An online or pdf version of the complaint form can be found at http://www.yorku.ca/scdr http://www.yorku.ca/oscr/pdfs/ComplaintIntakeForm.pdf. A hard copy formatpaper version is available from the Office of Student Conflict Resolution.

    1. The complaint must be in writing with the Complainant’s name attached to itand contact information; a residence incident report or a security report may constitute a complaint. Anonymous complaints will not be taken forward.
    2. The complaint must be filed within 30 business days of the alleged violation of the Code unless the decision-maker (e.g. Local Adjudicator), upon first addressing the complaint, considers it reasonable to extend that time limit. Extensions are usually considered when there are extenuating circumstances related to the delay in lodging a complaint or if informal resolution was commenced within the 30-day time period.
    3. A complaint must be filed with the Office of Student Conflict Resolution or with designated Residence Life Staff members within the residence system.
    4. For cases involving personal safety, only the first name of the harmed party and Complainant may be provided to the Respondent.
    5. The complaint will be considered and a determination will be made by the Office of Student Conflict Resolution as to whether the complaint is within the jurisdiction of this Code. If the complaint does not fall within the jurisdiction of this Code, the complaint will be dismissed and the Complainant will be informed.
  2. Responding to a Complaint
    After it is determined by the Office of Student Conflict Resolution that a complaint falls within the jurisdiction of the Code, the person against whom the complaint is made (the "Respondent") will be notified of the complaint against him or her. The Respondent will be advised of the available options for achieving resolution and may be asked to await further information or guidance from an Office staff person. If a complaint proceeds to an adjudicative process, the Respondent will be referred to this Code as well as a point person in the Office who will provide relevant information to the Respondent about how to prepare for any dispute resolution process.

  3. Role of the Office of Student Conflict Resolution
    The role of the Office is to administer the Code of Student Rights & Responsibilities. The Office provides advice, training and resources to Complainants, Respondents, Witnesses, Mediators, Restorative Justice Circle Facilitators, Local Adjudicators, Peer Review Board members and University Tribunal members.

    Dispute Resolution Advisers (DRA) co-ordinate and provide informal resolution processes such as advice, conflict coaching, conciliation, mediation and restorative justice circle processes. DRAs also provide procedural support for Local Adjudication cases. The DRAs will provide resources and neutral advice to all parties (Complainants, Respondents, Witnesses and decision-makers) to help ensure that the processes meet the procedural guidelines outlined in this Code.

    Respondents and Complainants may also seek advice from a Peer Support Team member and this can be co-ordinated through the Office of Student Conflict Resolution.

  4. Options for Addressing a Complaint
    The University recognizes that many disputes can be resolved without resorting to the procedures in this Code. Wherever it is possible and proper to do so, members of the University community are to be encouraged to use constructive communication to encourage appropriate behaviour rather than invoking the complaint process. At the discretion of the Office staff and depending upon available resources, other options may include informal conflict resolution, peer mediation and a restorative justice circle process. Options can be discussed with a DRA who will provide general information and guidance.

    If the case falls into the Code’s jurisdiction, then the Office may:
    1. refer the complaint to an Informal Resolution process;
    2. refer the complaint to Local Adjudication;
    3. refer the complaint to a Peer Review Board (for residence cases only); or
    4. refer the complaint to a University Tribunal.

    Typically, informal resolution options will be explored before the matter is referred to an adjudicative process.


 


Office of Student Conflict Resolution
Telephone: (416) 736-5231
Fax: (416)736-5565
Location: W128 Bennett Centre for Student Services
Email: oscr@yorku.ca

A division of Student Community Development (SCD)