8. Peer Review Board (residence cases only)
In the residence community, Dons and Residence Life staff will play a key role in trying to resolve issues informally where possible. The Don’s role in informal resolution and addressing levels of prohibited behaviour are outlined in more detail in the Residence Handbook at http://www.yorku.ca/scld/reslife/residences.
Where a case cannot be dealt with through informal resolution, the matter will be referred to either Local Adjudication or the Peer Review Board (PRB). Residence cases are directed to the PRB in one of two ways. First, a Residence Life staff member or Local Adjudicator may determine that a case can appropriately be decided upon by peers and directly refer a case to the PRB. Second, any Complainant or Respondent who resides in residence may advise the Local Adjudicator that he or she would prefer to have their case heard by peers, at which time the Adjudicator would refer the case to the Board providing that the parties can attend the allotted hearing date and time.
- Peer Review Board The Peer Review Board (PRB) provides an opportunity for a balanced airing of the case as presented by the various parties to the hearing. The hearings are held in "private", i.e. restricted to persons who have a direct role or interest in the hearing or persons who are acting as Witnesses. At the discretion of the Chair, other persons may be admitted to the hearing for training purposes or other reasonable considerations. An assigned PRB Adviser will attend the hearing in order to provide administrative support and procedural guidance to the PRB.
The PRB shall determine whether or not the Respondent’s conduct has met or fallen below the standard of conduct outlined in the Code of Student Rights & Responsibilities or the Residence Community Standards outlined in the Residence Handbook. PRB members will ask questions during the hearing to clarify the information being presented so as to assist in their determination of whether or not there has been a breach, and if so, to determine what level of harm has occurred and how that harm can be addressed including the appropriate resolutions and sanctions. The PRB will promote education about the impact on others of behaviour which falls below the standard of conduct outlined in this Code. The PRB will apply educative resolutions and sanctions whenever possible and appropriate.
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 PRB must determine whether the evidence shows that it is more likely than not that the alleged events and/or Code breach(es) occurred. Further details about the Peer Review Board and its proceedings can be found in the Residence Handbook at http://www.yorku.ca/scld/reslife/residences.
- Peer Review Board Composition Student volunteers are appointed as members of the PRB for a one-year term by the Vice-President Provost Students upon recommendation of a selection committee. Terms are renewable for up to three years. The selection committee will comprise the following representatives: PRB Adviser, Don and PRB member. The appointment may be terminated earlier by the same representatives that comprise the selection committee.
Quorum for each PRB will be at least three and no more than five members, one of whom will be a Student Chair. One non-voting Board Adviser will also attend the hearing.