7. Local Adjudication
When a Local Adjudicator receives a complaint, he or she will initiate an investigation.
The Local Adjudicator may find that the case is appropriate for informal resolution and, as a result, may invoke that process. The Local Adjudicator may be the person who facilitates early settlement and/or an informal resolution process; however, he or she may also refer the matter to an alternative person or process.
When adjudication is undertaken, the Respondent will be directed to the Code and informed of his or her rights and responsibilities. The Respondent will also be given a copy of the complaint including the name of the Complainant. Contact information for the Complainant and Respondent will be kept confidential.
For cases involving allegations of danger to personal or community safety, the Office of Student Conflict Resolution or a Local Adjudicator may order interim behavioural restrictions.
- Referral of a Complaint to the University Tribunal
If, at any time after receiving a complaint, the Local Adjudicator is of the opinion that the nature of the complaint makes resolution by the Local Adjudicator inappropriate, the Local Adjudicator may refer the complaint to be dealt with at a University Tribunal hearing.
The Local Adjudicator will gather the facts of the case by meeting separately with the parties, and if necessary, with any relevant Witnesses that have been identified. Normally the Adjudicator will meet first with the Complainant and Witnesses for the complainant before meeting with the Respondent. The Local Adjudicator will also review relevant policies and any relevant documents and information that are provided to him or her.
Sanctions that may be considered are outlined in Section 14. The Respondent will be given an opportunity to comment on the appropriateness of any sanctions that are within the authority of the Local Adjudicator and which may be applicable in his or her situation. When a response is required, the Respondent must respond by the deadline and in the manner (i.e. in person or writing) required by the Local Adjudicator. Where a meeting has been scheduled to enable the Respondent to be heard in person on the matter by the Local Adjudicator, but the Respondent does not attend despite having been informed of the appointment in writing, the Local Adjudicator may proceed without scheduling another such meeting and may reach a decision on responsibility based on the information and documentation she or he has received and reviewed.
- The Standard of Proof
The standard of proof required to determine that there has been a breach of the Code will be "on a balance of probabilities," meaning that the Local Adjudicator must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred.
- The Decision
If the Local Adjudicator determines that there has been a breach of this Code, then sanctions may be imposed. The Local Adjudicator will issue a written decision stating the reasons for the decision within 10 business days from the date on which the Respondent is advised of the decision.
The written decision, which will include the reasons for the decision, of the Local Adjudicator will be provided to the Respondent. The written decision may also be provided to the Complainant unless the Local Adjudicator or University Tribunal finds that there are grounds to order otherwise. In such cases, the Complainant will be provided with a summary of the material details of the decision that relate to the Complainant. The decision will be filed with the Office of Student Conflict Resolution which is the Office of Record for conduct-related matters.