Non-Academic Discipline

Code of Conduct

Since the mid-1800s, Queen’s University has utilized some form of Code of Conduct to which it has held its student body accountable. This set of rules has changed dramatically over the past century and in its current form, is the result of a comprehensive overhaul completed in April 2008, after no amendments since 1991. Academic, non-academic and human rights issues are all addressed in the Code of Conduct. The University Senate has expressly delegated authority to the Alma Mater Society, the undergraduate student government, for administering that part of the Code that addresses non-academic student conduct both on and off campus.

 

General types of offences that would fall under the aegis of the AMS include, but are not limited to:

  • public disturbances
  • illegal possession and/or consumption of alcohol
  • theft
  • vandalism
  • trespassing
  • assault
  • perjury
  • fraud

For more information on the Queen’s Code of Conduct, please visit:

http://www.queensu.ca/secretariat/senate/policies/code2008.pdf

What is Non-Academic Discipline (NAD)?

In 1898, the responsibility of Non-Academic Discipline (NAD), for undergraduate students at Queen’s, was officially delegated to the Alma Mater Society (AMS) by the University Senate. NAD is not a means of policing students but rather it is restorative in nature and works to repair damage done to the University’s reputation. Due to the nature of NAD, given that it is independent of the Canadian legal system, Queen’s students are subject to two separate judiciary systems and, therefore, held more accountable for their actions than any other University students in Canada.

Furthermore, students are accountable for their actions both on and off campus because any action that threatens the University’s reputation falls under the Code of Conduct and thus, NAD’s jurisdiction.

However, NAD does not handle cases of discrimination (sexual, racial or otherwise), harassment, sexual assault, serious assault of a non-sexual nature, and murder as there are more appropriate bodies which are better able to address these.

How does the NAD Process Work?

The NAD process is initiated when a complaint, accompanied by the appropriate information, is submitted to the Commissioner of Internal Affairs. The complaint is then forwarded to NAD’s investigatory body, the AMS Judicial Affairs Office (JAO).  The JAO investigates the complaint and proposes appropriate restorative sanctions if it feels that sanctions are warranted. These sanctions are then presented to the respondent in the form of a settlement proposal. If the respondent accepts the terms of the proposed sanctions, then these are presented to the AMS Judicial Committee (JComm), NAD’s judiciary body, in a closed settlement hearing. If the respondent does not accept the sanctions, then these are presented to JComm in an open hearing. The difference between open and closed hearings is that one is open to the public, including media, and the other is not. Once JComm makes their decision, the respondent can appeal within two weeks of the hearing, or they must complete the sanctions by a proscribed date. If the respondent chooses to appeal, then they must present their case to the University Senate Appeals Board, who’s say in the matter will be final.

AMS Constitution

Along with the rules and guidelines set out in the student Code of Conduct, the Alma Mater Society publishes a similar set of rules which apply to all undergraduate members of Queen’s University. This list (which is referenced below) outlines in detail the rules which undergraduate students are obligated to abide by during their enrollment at Queen’s. If there is any violation of these rules, the AMS Judicial Committee has the authority, as delegated to them by Queen’s University Senate, to impose sanctions which they feel appropriately restore damage done to the University and/or the complainant. A list of possible sanctions is also listed below.

For more information, please reference the AMS Constitution at the following link:
AMS Constitution
Or please contact Greg McKellar, AMS Information Officer, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

The Constitution of the Alma Mater Society of Queen’s University

Part 10:  A.M.S. NON-ACADEMIC DISCIPLINE

Section 10.01.01 There shall be an A.M.S. Judicial Committee which shall be the adjudicative panel of the undergraduate student body, and which shall exercise jurisdiction over matters of inappropriate behaviour concerning or involving undergraduate students that adversely affect the interests and responsibilities of the University community. (cf. A.M.S. Statement on NonAcademic Discipline.)

Without restricting the generality of the foregoing the A.M.S. Judicial Committee may exercise jurisdiction regarding:

  1. any breach of this Constitution or any violation of an appropriately published nonacademic rule or regulation of the University or the Society.  For the purpose of this paragraph an appropriately published rule  shall be defined by one or more of the  following:
    1. incorporation in this Constitution;
    2. incorporation into the constitution, manual, handbook or similar publication or document of the Society, any  student organization or member society as outlined in subsection 3.01.01, or any University Residence;
    3. incorporation into the Queen’s University Code of Conduct
  2. a failure to comply and/or interference with the direction of a University Official, the AMS or the SGPS acting within the scope  of his/her authority, including, but not limited to, Campus Security, Queen’s Student Constables and Science Constables.
  3. theft, possession of stolen property, trespassing, vandalism, and wilful or negligent damage to the property of the University, the AMS, SGPS, of any other University organization, of any member of the University community, or of any member of the general public.
  4. infringement of the rights of any member of the University community or general public, including but not limited to excessive noise and general public disturbance;
  5. failure to adhere to the laws and University regulations governing the sale, possession and/or consumption of alcoholic beverages.
  6. actions committed as part as an unlawful public disturbances that threaten civil order and/or the safety of any member of the University community or general public.
  7. failure to comply with an agreed upon sanction or any other order made by the A.M.S. Judicial Committee;
  8. perjury;
  9. fraud;
  10. assault or battery of any nature
  11. any direct or indirect use of an elected or appointed position within the AMS, or any of its member or affiliated societies, in the commission or concealment of a violation of any published rule of the AMS, its member or affiliated societies or the University.

Section 10.01.12 The A.M.S. Judicial Committee may impose such sanctions in proportion to the seriousness of the offence committed. Without limiting the generality of the foregoing, the following sanctions may be imposed by the A.M.S. Judicial Committee:

  1. restitution;
  2. suspension of privileges including, but not limited to, banishment from all licensed on-campus pubs
  3. community service orders not to exceed fifty (50) hours, to be chosen by the student from a list of organizations compiled annually by the Judicial Affairs Office and the Judicial Committee; the student may submit a proposal to the Judicial Affairs office for an alternate organization;
  4. a fine not to exceed one thousand dollars ($1,000.00), payable to the Queen's Alma Mater  Society;
  5. a bond not to exceed one thousand dollars  ($1,000.00), to be held in trust by the Queen's  Alma Mater Society, for a period not exceeding twelve (12) months from the date of the decision regarding which the sentence is imposed;
  6. recommendation to Senate of suspension from the University;
  7. recommendation to Senate of expulsion from the University.
  8. An order that letter(s) of apology be submitted to any aggrieved party (parties)
  9. Education sanctions including, but not limited to, the format of essays, posters, presentations and/or reflective papers to be completed as part of restorative sanctions

Contact Information

Lucas Anderson
Commissioner of Internal Affairs
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(613) 533-6000 ext. 74815

Calum MacBeth
Judicial Affairs Director
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(613) 533-6000 ext. 77944

Nicholas Chesterley
Judicial Committee Chair
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Harry Smith
Coordinator of Dispute Resolution Mechanisms
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(613) 533-6495

Queen’s Legal Aid
T: (613) 533-2102
F: (613) 533-6890

Rights

NAD tries to ensure that respondents receive fair and impartial treatment. Thus the following rights are afforded to them:

  • The right to appeal a decision made by the Judicial Committee - Respondents must be informed of all the relevant appeal procedures upon receipt of a Judicial Committee decision
  • The right to representation - Respondents may bring any counsel they choose and are eligible for free consultation with Queen’s Legal Aid (613-533-2102) or the Coordinator of Dispute Resolution Mechanisms (613-533-6495)
  • The right to a translator
  • The right to a full and open hearing by the Judicial Committee
  • The right to request that an open hearing be closed to the public - This request will be considered by the Judicial Committee
  • The right to call and examine witnesses and present arguments and submissions at the hearing - Respondents may conduct cross-examination of witnesses as is reasonably required for a full and fair disclosure of the facts relevant to the matter before the Judicial Committee
  • The right to choose to waive the right to an open hearing - Respondents may opt to reach a settlement with the JAO instead and the Judicial Committee hearing will be closed
  • The right to disclosure of evidence possessed by the JAO or the Judicial Committee relevant to the matter - Sensitive information such as the names of witnesses or other parties may be removed from the evidence.
  • The right to make a statement to the Judicial Committee in a closed hearing
  • The right to express concern over a member of NAD whose judgment may be biased due to a prior relationship with the respondent and/or complainant - If the respondent or complainant is a friend, classmate, neighbour, sibling, etc. of a member of the JAO or the Judicial Committee, and the concern expressed is reasonable, the party may be removed from the disciplinary process
  • The right to end a meeting with the JAO at any time
  • The right to refuse being recorded by the JAO
  • The right to be notified of a hearing in front of the Judicial Committee