1. A Hearing will be held in the event that the Student Code of Rights and Responsibilities Conduct Panel recommends a sanction in Section 15 (q) or (r) of the Student Code of Rights and Responsibilities Policy. A Student Code of Rights and Responsibilities Hearing Panel will be called, and shall consist of five members comprised as follows:

1.1. Three (3) non-students from the University Community, one of whom will act as Chair and voting member; and

1.2. Two (2) students. The student representatives will be members of the student union of which the Respondent is a member.

The Hearing Panel members will be selected by the appropriate Vice-President from a pool of candidates. During the selection process every effort will be made to ensure diverse representation of panel members. Decisions of the Hearing Panel will be by majority vote.

2. Subject to the rules in this section, the Hearing Panel, assisted by Legal Counsel, has discretion to determine its own procedure in accordance with due process, natural justice, and fairness.

3. The recommendation of the sanction under Section 15 (q) or (r) of the Student Code of Rights and Responsibilities Policy will be presented by the Student Conduct Officer, as the Chair of the Student Code of Rights and Responsibilities Conduct Panel, or designate, who may be assisted by Legal Counsel. The Respondent may be assisted and represented by another person, who may be legal counsel.

4. A Hearing may proceed, at the discretion of the Chair, in the absence of the Respondent, provided the Respondent has been given at least two weeks’ notice of the hearing date and fails to attend.

5. The Student Code of Rights and Responsibilities Hearing Panel shall provide a written decision after the Hearing. The decision shall either affirm the recommendation of the Student Code of Rights and Responsibilities Conduct Panel to impose a sanction under Section 15 (xvii) or (xviii) of the Student Code of Rights and Responsibilities Policy, or deny the recommendation of the Student Code of Rights and Responsibilities Conduct Panel to impose a sanction under section Appendix B (q) or (r) of the Student Code of Rights and Responsibilities Policy. In that case will substitute another sanction or sanctions under Appendix B of the Student Code of Rights and Responsibilities Policy.

6. Hearing guidelines:

6.1. The Hearing shall be conducted in private unless there is agreement otherwise between the Complainant, Respondent, the Student Conduct Officer and the Chair;

6.2. The Respondent and the Student Conduct Officer, as Chair of the Student Conduct Panel may present witnesses and cross-examine each other’s witnesses;

6.3. The Respondent and the Student Conduct Officer, as Chair of the Student Conduct Panel may make opening statements and closing arguments;

6.4. The Hearing Panel has the discretion to accept records, exhibits, and written statements as evidence for consideration at the Hearing.

7. The Student Conduct Officer will ensure that a recording is made, and a transcript prepared, of all sessions of a Hearing.