2. The Reason for a Code of Student Rights & Responsibilities
This Code of Student Rights & Responsibilities is intended to be educative and promote accountability among students toward their peers and other members of the York community.
This Code identifies those behaviours that are disruptive to the educational purposes of the University, make the campus less safe, diminish the dignity of individuals and groups, and the enjoyment of their rights. It applies specifically to students because the behaviours of non-student members of the University community are held to comparable standards of account by provincial laws, University policies and their unions’ collective agreements. Information about how to address a concern or a complaint regarding a faculty or staff member can be found at www.yorku.ca/oscr/studentconduct.html.
York is committed to civil discourse and the free and open exchange of ideas between community members and as such, nothing in this Code is intended as a method or excuse to suppress peaceful protest, civil debate or other lawful conduct so long as student responsibilities as outlined in Section 4 are being upheld.
3. Application of the Code of Student Rights & Responsibilities
This Code applies to non-academic student conduct. Academic student conduct is governed by University Senate policies, found at http://www.yorku.ca/secretariat/policies, and is beyond the scope of this Code.
This Code applies to (a) conduct on University premises, and (b) conduct not on University premises but which has a real and substantial link to the University. Examples of such a link would be: University-organized or University-sanctioned off-campus events; University-organized or University-sanctioned events where students are acting as delegates or designated representatives of the University; social media (Facebook, Twitter, e-mails, etc.); or off-campus behaviour that has implications that will or may adversely impact a University community member on campus from a safety/security of person perspective.
This Code applies to students and student groups, and all references to “student” include “students” and “student groups.” Student hosts are responsible for the conduct of their guests and the University expects and requires that they discourage inappropriate behaviour. All students and student groups are bound by University policies and regulations. Presidential Regulation 4 and Presidential Regulation 5 (http://www.yorku.ca/secretariat/policies) are examples of policies related to Student Groups and Organizations. For individuals who are both students and employees of the University, the Office of Student Conflict Resolution will consult with the appropriate offices to determine whether or not the conflict or incident in question falls into the purview of the Code of Student Rights & Responsibilities.
Code proceedings may be instituted against a student charged with conduct that potentially violates both the Criminal Code of Canada and this Code of Student Rights & Responsibilities. Proceedings may be carried out prior to, simultaneous with, or following civil or criminal proceedings off-campus at the discretion of the Office of Student Conflict Resolution. Determinations made or sanctions imposed under this Code may not be subject to change because criminal charges were dismissed, reduced or resolved in favour of or against the Respondent.
The University reserves the right to:
- determine whether or not a matter should be addressed under the CSRR;
- take necessary and appropriate action to protect the safety and welfare of individuals on campus or the campus community as a whole notwithstanding the CSRR;
- use information provided by external agencies such as the police or the courts;
- determine whether or not behavioural restrictions should be put in place regardless of the location of the incident or the actions of external agencies such as the police or the courts.
The University may also invoke, in place of or in addition to its own procedures, civil, criminal or other remedies which may be available to it as a matter of law.