Queen’s University

Student Code of Conduct

Effective Date: September 1, 2021
I Contents

I Preamble 3

II Queen’s University Student Code of Conduct is a Behavioural Contract 4

III Definitions 5

IV Scope 7

V Intake and Referral of Non-Academic Misconduct Cases 9

VI Types of Non-Academic Misconduct 11

A Abuse of Process 11
B Aiding in the Commission of an Offence 12
C Substance Use (Alcohol, Drug, Smoking) 12
D Contravention of Policy or Law 13
E Disruption or Interference 13
F Improper Use of Dangerous Objects and Substances 13
G Misconduct Against Persons and Dangerous Activity 14
H Misconduct Involving Property 17
I Misrepresentation, Failing to Provide, or Providing, False Information 17
J Misuse of University Information Technology 17
K Unauthorized Entry and/or Presence 18

VII Sanctions 19

VIII Appeals 22

IX Related Policies 23

Appendix A Informational Commentary About Discrimination 24

Effective Date: September 1, 2021

This Student Code of Conduct (“Code”) (as approved on May 7, 2021) shall have force and effect from the date
approved by the Board of Trustees (“Effective Date”), and shall replace and supersede all prior versions of the
Code with the exception of Complaints submitted prior to September 1, 2021. For Complaints submitted prior
to September 1, 2021, the Code and the provisions approved on December 4, 2020 shall apply.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 2
I Preamble

1.  ueen’s University (the “University” or “Queen’s”) is dedicated to learning, intellectual inquiry,

Q
the dissemination and advancement of knowledge, personal and professional development,
and good citizenship.

2. S tudents are responsible individuals and members of society with rights and responsibilities
as learners and citizens in the communities in which they learn and live.

3. T his Code of Conduct sets expectations of student behaviour. Students are expected
to adhere to and promote the University’s core values of respect, honesty, trust, fairness,
and personal responsibility in all aspects of University life, academic and non- academic.
It is these core values that are intended to inform and guide Student conduct to foster mutual
respect for the dignity, property, rights and well-being of others. In addition, diversity and
inclusion are core values for the Queen’s community, where we want a welcoming environment
in which everyone feels they can participate in all that the University has to offer.

4.  eneral attitudes, values, and stereotypical beliefs, such as ageism, racism, sexism, etc.
G
are offensive and they often create the conditions for harassment or discrimination to
occur. While attitudes, values, and stereotypical beliefs may not always lead to harassing
or discriminatory conduct, the University community must make efforts to create dialogue
and opportunities for education. (See Appendix A for further discussion and commentary.)

5. T he University will not tolerate conduct that is harassing or discriminatory; this includes conduct
that infringes others’ rights based on the Human Rights Code protected grounds of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family status or disability. Also, the University
will not tolerate retaliation against anyone who brings forward a complaint about such conduct.

6. T he University values integrity, inclusiveness and teamwork. To this end, the University
is committed to providing developmental and educational opportunities in response to
student conduct issues when appropriate. The University is a place for Student growth and
development. The non-academic misconduct system at Queen’s (“NAM System”) is part of
that broader learning environment.

7. T he principles of education, well-being of students, the safety and well-being of the University
community, deterrence, restitution, and where appropriate, Restorative Justice, will guide
decision-makers within the NAM System.

8. T his Student Code of Conduct (“Code”) outlines the kinds of activities and behaviours
that constitute non-academic Student misconduct and associated sanctions but is only
one vehicle through which the University addresses these issues. The University will
continually seek to strengthen its dialogue and education, providing clarity about its
expectations of student conduct.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 3
III Queen’s University Student Code of
Conduct is a Behavioural Contract
1.  pon registering in a course or program of study offered by or through Queen’s University and
U
while a Student remains registered in any course or program of study at Queen’s, every Student
enters into a contractual relationship with the University by which they:
a) acknowledge the right of the University to set standards of conduct;
b) a ccept and agree to be subject to the University’s policies, rules and procedures,
including this Code of Conduct; and,
c) a ccept the right of the University and/or its Authorized Agent(s) to impose sanctions
for conduct found to have violated those standards, policies, rules or procedures.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 4
III
I Definitions

1. Authorized Agents means an entity or organization authorized by formal written agreement

with the University to administer, on behalf of the University, the non-academic misconduct
cases referred to it by the NAM Intake Office.

2. Diversion Process means the process by which a case of non-academic misconduct may be
diverted to an alternate University process that is determined to be more appropriate to the
health and wellbeing of a Student. This may involve the student-at-risk process or other similar
processes that may be established by the University from time to time.

3. Guest means a person who is visiting a Student on campus; this includes student Guests
and non-student Guests.

4.  ost means a Student who hosts a Guest, while the Student is a participant in any course or
H
program of study at Queen’s, on campus; this includes student Guests and non-student Guests.

5. Incident Report means the information received and compiled by the NAM Intake Office
for the purposes of initial assessment and referral to the appropriate NAM Unit.

6.  on-Academic Misconduct (NAM) is described below in Section V: Types of Non-Academic

N
Misconduct; it is classified as either Category 1 or Category 2 by the NAM Intake Office.
The Categories and the factors to be considered in are described in more detail in
Section IV: Referral and Carriage of Non-academic Misconduct Cases.

7.  on Academic Misconduct System / NAM System means the totality of:

N
a) all NAM Units;
b) the NAM Intake Office;
c) this Code;
d) all procedures, guidelines and instructions concerning the administration of this Code
issued by a NAM Unit; and,
e) the Non-Academic Misconduct Appeal Panel.
8.  AM Appeal Panel means the University’s final internal appeal body for non-academic
N
misconduct cases.

9.  AM Intake Office means the University Office that receives and refers reports of Student
N
non- academic misconduct in accordance with the criteria set out in this Code.

10. NAM Roundtable serves as an informal forum for those involved in the operation
of the University’s non-academic misconduct system.

11. N
 AM Subcommittee (“NAMSC”) means the sub-committee of the Audit and Risk Committee
of the Queen’s Board of Trustees, which is responsible for receiving reports about the NAM
System and for recommending to the Board, via the Audit and Risk Committee, any proposed
changes to this Code.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 5
III
I Definitions continued

12. NAM Unit means each of the Student Conduct Office, Athletics & Recreation, Residences,
and any Authorized Agent of the University, involved in the administration of this Code.

13. Public Official includes law enforcement officers, fire & rescue personnel, paramedics,
by-law officers, and other similar municipal, provincial or federal officials, acting in their
professional capacity.

14. Restorative Justice emphasizes the importance of elevating the role of victims and community
members through active involvement in the misconduct process, holding Students directly
accountable to the people and communities harmed by their conduct, restoring the emotional
and material losses of victims, and providing a range of opportunities for dialogue, negotiation,
and problem solving, whenever possible. The goal is to achieve a greater sense of community
safety and social harmony for all involved, and requires the willing participation of Students
and victims together.

15. Sanctioned Activity means an activity that has been approved by the University (through a
University administrator authorized to do so), by a student government, or by an Authorized
Agent of the University.

16. Student means anyone who is registered, full-time or part-time, in a course or program of study,
including a non-degree diploma or certificate (whether for credit or not), offered by or through
the University, or anyone who was so registered when the reported misconduct was said to
have occurred. It also means a person registered at another university on a letter of permission
from Queen’s and a person on exchange at Queen’s or abroad.

17. S
 tudent Conduct Office means the University Office that handles cases of alleged
Category 2 non-academic misconduct.

18. Student Group means any extracurricular organization or club that is recognized or ratified
by the University, by a student government, or, by any Authorized Agent of the University.

19. University means Queen’s University at Kingston.1

20. University Community includes, without limitation, employees, students, volunteers, visiting
professors, contractors, visitors, student groups, and other individuals who live, work, or study
at, or carry out services for, the University.

21. University Property means property owned, rented or otherwise used by the University.

1 “Queen’s University at Kingston” is the formal legal name of the institution; it does not refer to any geographical boundary.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 6
IV
I Scope

1. T his Code applies to non-academic misconduct by a Student or group of Students

that takes place:
a) on University Property;
b) o
 ff University Property, or through electronic media regardless of where it originates,
in circumstances where:
i) a Student is participating in a Sanctioned Activity;
ii) a Student represents or claims to represent the University or an organization
affiliated with the University; or,
iii) t he conduct adversely affected:
• the operations of the University; or,
• the reasonable participation by member(s) of the University community
in the University’s living, learning or working environment(s); or,
iv) t he University has reasonable grounds to believe there is risk to the health or safety
of a member(s) of the University community in the University’s living, learning
or working environment(s).

2. T his Code covers non-academic misconduct that occurs in the context of an academic program,
including conduct that occurs when a Student is participating in:
a) any class activity, including a lecture, tutorial, lab or the like, on University Property; and,
b) a ny organized academic activity, such as a clinical placement, exchange, field placement,
field trip, internship, research activities, or the like, that occurs off University Property.

3. S tudents are responsible for advising their Guests about this Code and the required standards
of appropriate conduct. Students are responsible for the conduct of their Guest(s), including
violation(s) of this Code, if the Student encouraged the misconduct, or if the Student knew of,
or could have reasonably foreseen, the misconduct and failed to take steps to discourage or
prevent it, or to advise Campus Security & Emergency Services.

4. S tudents will be held individually responsible for their actions, whether acting on their own
or as part of a group.

5. S tudent Groups and/or their leaders or any identifiable spokesperson for a Student Group can
be held responsible, collectively and/or individually, for violations of this Code by their members
or by participants in their Group’s activities, whether sanctioned or not, and whether on or off
University Property, if the leaders gave encouragement or consent for the misconduct, or if
they knew of, or could have reasonably foreseen, the misconduct and failed to take steps to
discourage or prevent it, or to advise Campus Security & Emergency Services.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 7
IV
I Scope continued

6.  othing in this Code replaces or supersedes any complaint, grievance or appeal process set out
N
in any collective agreement to which the University is a party. However, Student misconduct
that occurs while a Student is acting in their capacity as an employee of the University may,
in addition to any employment-related discipline process, be addressed as non-academic
misconduct under this Code where the NAM Intake Office determines that a non-employment
University interest is also involved.

7. S tudent conduct that falls outside the scope of this Code, and which can be addressed
by other University policies and procedures includes:
a) an alleged departure from academic integrity; and,
b) an alleged departure from research integrity.

8. I n circumstances where alleged conduct would constitute a violation of more than one
policy applicable to Student conduct, the NAM Intake Office will determine the appropriate
procedure(s) to be followed.

9.  othing in this Code prohibits Student participation in lawful and peaceful public assemblies
N
and demonstrations, nor inhibits Students’ lawful and non-violent freedom of expression2.
This does not, however, relieve a Student who is also an employee of the University of
employment-related obligations.

10. P
 rocedures under this Code may be undertaken before, at the same time as, or after, civil,
criminal, or employment-related proceedings; but, if a report of misconduct has also resulted
in civil, criminal, or employment-related proceedings against a Student, the Vice-Provost and
Dean of Student affairs (or delegate) will determine whether the case under this Code should
be deferred until the conclusion, or partial conclusion, of such other proceedings.

11. T he University retains discretion to implement interim measures that are appropriate in the
circumstances to support a safe campus environment and/or to safeguard the legitimate
interests of the University and the campus community, for a specific period or until the
case is concluded (e.g.: interim suspension, full or partial Notice of Prohibition, no contact
requirements, and restriction(s) on or loss of privileges).

12. Interim measures are not evidence of any finding of fact concerning whether or not there
has been a violation of the Code.

2 e.g., See the Free Expression at Queen’s University policy

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 8
VI I ntake and Referral of
Non-Academic Misconduct Cases
1. T he NAM Intake Office will manage initial intake and referral of all non-academic misconduct
cases, with the following limited exceptions:
a) A
 thletics & Recreation Cases: A report of non-academic misconduct by a Student-Athlete
or an Intramural Sport Program Participant in a sport-related context will be dealt with by
the Athletics & Recreation Department under the Athletic & Recreation
Non-Academic Misconduct Policy. If it appears that a matter involves a “Major Infraction” or a
“Repeat Infraction”, as those terms are defined by the Athletic & Recreation
Non-Academic Misconduct Policy, the Athletics & Recreation Department must
submit the matter to the NAM Intake Office for assessment and referral; and,
b) Residence Cases: A report of non-academic misconduct that occurs in University
residences or that is otherwise subject to Residence Community Standards will be dealt with
under the Residence conduct system, except for a report that alleges misconduct which
is presumptively a Category 2 under this Code. Such cases must be submitted to the NAM
Intake Office for assessment and referral.

2.  on-academic misconduct falls into two general categories: Category 1 and Category 2. While
N
Category 2 is generally considered to encompass relatively more grievous types of misconduct
than Category 1, the demarcation between these Categories is not absolute.

3. T he NAM Intake Office will first determine whether it is appropriate to refer a case to a Diversion
Process.

4. I f the NAM Intake Office does not refer a case to a Diversion Process, it will determine whether
the alleged conduct falls within the SCOPE of this Code. If so, the NAM Intake Office will then
determine the Category of the case, and thus the most appropriate NAM Unit to have carriage
of that case, guided by various factors, including:

a) w
 hether the alleged misconduct jeopardized, or to a reasonable person potentially
jeopardized, the health or safety of an individual. In this context, “jeopardize” includes
physical, emotional or psychological impacts;
b) w
 hether the conduct as alleged appears to involve a violation of the prohibitions against
Harassment or Discrimination;
c) w
 hether the conduct as alleged appears to involve a violation of Municipal, Provincial or
Federal law or involves interfering with, obstructing, disrupting, misleading, or failing to
comply with the directions of, a Public Official;
d) t he gravity of the consequences/harm alleged. This includes a consideration of whether the
alleged misconduct resulted in the dispatch of University or public emergency services;

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 9
VI I ntake and Referral of
Non-Academic Misconduct Cases continued
e) prior findings of misconduct of the same or similar nature; and,
f) the complexity of the fact situation; and,
g) the presence of mitigating or aggravating factors identified in the Incident Report.

5. E very NAM Unit receiving a referral from the NAM Intake Office will assign that case to a
case manager (“Case Manager”).

6.  ecisions of the NAM Intake Office are not subject to appeal. But if, upon receipt of a case from
D
the NAM Intake Office, a NAM Unit determines the case ought to have been referred elsewhere,
the Unit may request that the NAM Intake Office re-direct the case accordingly.

7.  AM cases, if not informally resolved pursuant to an applicable procedure, shall be dealt with by
N
the adjudicative body of the NAM Unit handling the case.

8.  Student against whom a NAM case is pending or against whom a sanction is outstanding
A
may not voluntarily withdraw from the University. Similarly, the University will not issue Official
Transcripts to the Student directly; transcripts will be sent to specified recipients at the Student’s
request. If the sanction results in a Requirement to Withdraw transcript notation3, previous
recipient(s) will be sent an updated Official Transcript after any available appeal process has
been exhausted or the time for appealing has expired.

3 See Policy on Transcript Terminology for Students Withdrawing from Queen’s University

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 10
VI
I Types of Non-Academic Misconduct

1.  on-academic misconduct can take the form of a single act, repeated acts, or, be part of a
N
pattern of behaviour that taken in its entirety constitutes a violation of this Code.

2. 
Respondents are encouraged to seek clarification from the Office of the Ombudsperson in
regard to University policies and procedures. Respondents are encouraged to utilize a support
person if needed and may be accompanied by an advisor to any meeting or proceeding related
to non-academic misconduct. Resources for support person/advisors are available online.

3. T he various types of non-academic misconduct are described below, but the examples
contained under each class are not intended to be exhaustive.

4.  ases described as presumptively category 2 non-academic misconduct must be referred

C
by the NAM Intake Office to the Student Conduct Office. The Student Conduct Office has the
authority to refer the matter to a different NAM Unit, having regard for the criteria listed in
Paragraph 4 of Section V, in which case the Student Conduct Office will advise the NAM Intake Office
of the subsequent referral.

A ABUSE OF PROCESS
All abuse of process cases are presumptively category 2 non-academic misconduct
a) F ailure to comply with a process or requirement under this Code or a Procedure
under this Code.
b) Failure to comply with a non-academic misconduct sanction.
c) K
 nowingly making false report of misconduct against any member of the University
community or assisting another person in making or pursuing same.
d) Interference with the administration of this Code, such as:
i) a misrepresentation or false statement during an investigation or proceeding;
ii) t rying to discourage any individual’s proper participation in, or use of,
a misconduct process;
iii) a ny direct or indirect retaliation (e.g. through coercion, intimidation, threats
or social pressure) against a complainant, a person who reports misconduct,
or a potential witness in a misconduct case;
iv) d
 isrupting, or otherwise interfering with, the orderly conduct
of a misconduct proceeding;
v) e lectronically or digitally recording, in any format, a misconduct meeting or proceeding
without the express permission of the administrator conducting the meeting or the
Chair of the proceeding, as the case may be; or,

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 11
VI
I Types of Non-Academic Misconduct continued

vi) h
 arassing (physically, verbally, or in writing), intimidating or attempting to influence,
the impartiality of any individual in a decision-making role in a misconduct process.

B AIDING IN THE COMMISSION OF AN OFFENCE

a) E ncouraging or aiding others, by words or by action, to engage in the commission of an

act that is in violation of this Code, a University policy, rule or procedure, or a Municipal,
Provincial or Federal law.

C SUBSTANCE USE (ALCOHOL, DRUG, SMOKING)

Cases under C (e), (f), (g) and (h) are presumptively category 2 non-academic misconduct

a) C
 onsumption or possession of open alcohol on University Property except where it is
specifically permitted (e.g., in a licensed campus pub, at a licensed event or as permitted
under the Residence Contract or the University Alcohol Policy).
b) C
 onsumption or possession of alcohol by a person under the age of 19,
or furnishing alcohol to a person under the age of 19.
c) Consumption or possession of cannabis, except if permitted by law and University policy.
d) C
 onsumption or possession of cannabis by a person under the age of 19,
or furnishing cannabis to a person under the age of 19.
e) M
 anufacturing, cultivating or growing cannabis on University Property,
except as may be related to University research.
f) Consumption or possession of any narcotic or controlled substance, except if permitted
by law and University policy, including the possession or consumption of prescription
medication for purposes other than that for which it was prescribed by a licensed medical
professional.
g) T he act(s) of selling, administering, giving, transferring, transporting, sending or delivering
a narcotic or controlled substance, or the attempt or offer to do so, except as expressly
permitted by law.
h) A
 ny act that causes any person to consume a substance (e.g., alcohol, a narcotic or
controlled substance including cannabis) without their consent. This includes but is not
limited to by any means that involves hazing.
i) Smoking (including use of e-cigarettes) and use of Tobacco Products on campus except in
circumstances specifically permitted by the Smoke-Free University Policy.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 12
VI
I Types of Non-Academic Misconduct continued

D CONTRAVENTION OF POLICY or LAW

a) V
 iolation of a University policy, rule, or procedure published or posted by the University,
including without limitation the Athletic & Recreation Non-Academic Misconduct Policy
and the Residence Community Standards.
b) V
 iolation of a policy, rule or procedure published or posted by an Authorized Agent
of the University or by a student government.
c) Violation of a Municipal, Provincial or Federal law.

E DISRUPTION OR INTERFERENCE

a) D
 isruption or obstruction by action, threat or otherwise, of any University event or any
Sanctioned Activity, including teaching, learning, research, administration, events, and any
conduct that disrupts the normal operations of the University or that infringes on the rights
of another member of the University community.
b) I nterfering with, obstructing, disrupting, misleading, or failing to comply with the directions
of, any University official or any official of an Authorized Agent of the University, in the
performance of their duties.
c) A
 ny action, conduct, display or communication that causes disruption to, or an obstruction
of, the freedom of movement of any person on University Property.

F IMPROPER USE OF DANGEROUS OBJECTS AND SUBSTANCES

All cases under this heading are presumptively category 2 non-academic misconduct

a) P
 ossession or use of any weapon (as outlined in the Queen’s University Weapons Policy),
explosive, chemical, biohazardous, radioactive or controlled material, or the like, except
by authorized personnel and in an area formally designated for that purpose.
b) Use of any object to injure, threaten or intimidate another person.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 13
VI
I Types of Non-Academic Misconduct continued

G MISCONDUCT AGAINST PERSONS AND DANGEROUS ACTIVITY

All cases under this section are presumptively category 2 non-academic misconduct

If a protected ground under the Ontario Human Rights Code is found to have been a factor
in misconduct, this will be considered an aggravating factor in the sanctioning process
(See Section VII – Sanctions).
Human Rights Code protected grounds: race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender identity, gender expression, age*, record of
offences**, marital status, family status, disability, and any other ground that may subsequently
designated as protected under the Ontario Human Rights Code.
* Protected only in relation to those 18 years or older
** Protected in relation to employment only

a) Assault.
b) S
 exual Violence⁴ against a member of the University community (e.g., staff, faculty,
students, visitors, volunteers).
c) H
 arassment: means engaging in a course5 of vexatious comment or conduct that exceeds
the bounds of free expression or academic freedom as these are understood in University
policies⁶, which is known or ought reasonably to be known to be unwelcome.
Harassment includes not merely direct and intentional acts, but also engaging in verbal
or non-verbal behaviour or communication that is known or ought to reasonably be known
to be hostile, intimidating or threatening. It includes conduct that deliberately seeks to
control or manipulate or otherwise harm another person, and can include comment or
conduct through any from of electronic media regardless of where it originates.
Harassment need not be connected to a ground protected by the Ontario Human Rights Code.
Differences of opinion, personality conflicts, or disagreements between individuals are not
generally considered to be Harassment.
Harassment, defined above, can take on a variety of specific forms, some commonly
recognized forms include:
i) Discriminatory Harassment is a form of Harassment (engaging in a course7 of
vexatious comment or conduct that exceeds the bounds of free expression or academic
freedom as these are understood in University policies⁸ against a person or group, which
is known or ought reasonably to be known to be unwelcome) that is based on one or
more grounds protected by the Ontario Human Rights Code.

4 As defined in the Queen’s University Policy on Sexual Violence Involving Queen’s University Students
(Sexual Violence includes Sexual Harassment.)
5, 7 A single incident can be sufficiently egregious as to constitute Harassment
6, 8 e.g., See the Free Expression at Queen’s University policy

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 14
VI
I Types of Non-Academic Misconduct continued


Discriminatory Harassment also includes Harassment based on a person’s relationship
to, or association with, or dealings with, a person or persons identified by one or more
protected grounds.


Discriminatory Harassment may include, for example, racist jokes, sexual harassment,
gender-based harassment and microaggressions.

ii) Harassment by Provocation or Incitement is a form of Discriminatory Harassment

involving public behaviour that exceeds the bounds of free expression or academic
freedom as these are understood in University polices⁹, which incites hatred, contempt
for, or revulsion or severe ridicule of, a person or group of people because of or based on
one or more grounds protected by the Ontario Human Rights Code, or because of a
person’s relationship to, or association or dealings with, such a person or group.

iii) Hazing: is a form of Harassment. Hazing activities include, but are not limited to, pranks,
jokes, public ridicule, and any activity that does not respect an individual’s rights,
integrity, dignity, safety or well-being. Hazing includes conduct that is, or ought to be
reasonably known to be:
• abusive (physically or psychologically);
• demeaning;
• dangerous;
• humiliating;
• ridiculing; or,
• contrary to this Code, to a University policy, rule or procedure, or to Municipal,
Provincial or Federal law; and
• that is used as a means of coercing, compelling, forcing, or otherwise socially
pressuring, a person to gain or maintain: (i) membership in; (ii) the acceptance of;
or, (iii) association with; any group or organization.

 xpress or implied consent from, or the acquiescence of, the affected person(s)
E
shall not be an excuse or defense for such behaviour.

9 e.g., See the Free Expression at Queen’s University policy

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 15
VI
I Types of Non-Academic Misconduct continued

d) D
 iscrimination by a Student Group: Discrimination is a distinction relating to
personal characteristics of an individual or group based on a ground protected by the
Ontario Human Rights Code that has the effect of imposing burdens, obligations or
disadvantages on such individual or group not imposed upon others, or that withholds
or limits access to opportunities, benefits, and advantages available to other members
of society.
Discrimination:
i) can be direct, indirect, or systemic in nature;
ii) need not be intentional;
iii) includes a distinction imposed because of a person’s or group’s relationship to,
association with, or dealings with, another person or persons who are identified by a
protected ground;
iv) includes systemic discrimination, which refers to policies, practices, patterns of
behaviour or attitudes that are part of the social or administrative structures of an
organization (such as a Student Group), which, while appearing neutral on the surface
nevertheless have an “adverse effect” or exclusionary impact on people based on a
ground protected by the Ontario Human Rights Code; and,
v) includes a failure to accommodate the needs of individuals related to one or more
grounds protected by the Ontario Human Rights Code, unless doing so would cause
undue hardship. The duty to accommodate must be fulfilled in accordance with the
principles of dignity, individualization, and inclusion; but,
vi) d
 oes not include restricting membership in a special interest group that is primarily
engaged in serving interests of people identified by a prohibited ground to people who
are similarly identified10.

Examples of discrimination by a student group could include things such as:

• a club or student society refusing to relocate its regular meeting place, which is
inaccessible to a member (or a prospective member) with a disability;
• exclusionary membership policies of a club or student society that adversely affect
membership eligibility for individuals in equity seeking groups;
• less favourable differential leadership opportunities for qualified members of a club
or group in equity seeking groups;
• failing to deal with discriminatory incidents or downplaying their seriousness because,
for example, “no harm was intended.”

See Appendix A for further discussion about Discrimination

10 See Ontario Human Rights Code, Section 18

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 16
VI
I Types of Non-Academic Misconduct continued

H MISCONDUCT INVOLVING PROPERTY

Cases under H (e) (f) and (g) are presumptively category 2 non-academic misconduct
a) Misappropriation, damage, unauthorized possession, defacement, vandalism or destruction
of property on University Property, and property associated with a Sanctioned Activity.
b) T heft or possession of property belonging to any person or entity without the permission of
the rightful owner, including in circumstance where there was an intent to return the property.
c) U
 se of University facilities, equipment, supplies or resources contrary to express instruction
or without proper authorization, or misuse or abuse of same.
d) A
 buse or misuse of University documents, including without limitation identification cards,
credit cards, meal cards, smart cards, or telephone calling cards, or misuse of fees collected
and distributed by the University to any Student group, either directly or indirectly (e.g.
through the Alma Mater Society).
e) Altering or misuse of official University documents.
f) Interference with, obstruction of, or tampering with life safety or emergency equipment.
g) Setting unauthorized fires.

I MISREPRESENTATION, FAILING TO PROVIDE, OR PROVIDING,

FALSE INFORMATION
Cases under I (c) are presumptively category 2 non-academic misconduct

a) F urnishing false information to a University official or to an official of an Authorized Agent of

the University.
b) Possessing, distributing or using false or altered identification/credentials.
c) F ailing to provide identification upon request to any University official or to any official of an
Authorized Agent of the University. Arbitrary requests, i.e. profiling, are prohibited.

J MISUSE OF UNIVERSITY INFORMATION TECHNOLOGY

All cases of under this heading are presumptively category 2 non-academic misconduct

a) Altering or removing University computer files or software without proper authorization.

b) I ntentionally jeopardizing the confidentiality, integrity and availability of electronically
maintained Queen’s University information or data.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 17
VI
I Types of Non-Academic Misconduct continued

c) U
 sing Queen’s Information Technology resources to do anything that is a violation of the
rights of others, such as displaying or distributing obscene, harassing, defamatory, or
discriminatory material or messages.

d) Using Queen’s Information Technology resources for any illegal activities or purposes.

K UNAUTHORIZED ENTRY AND/OR PRESENCE

Cases under K (d) are presumptively category 2 non-academic misconduct

a) Unauthorized entry, attempted entry or presence in or on any University Property.

b) Unauthorized entry, attempted entry or presence at any Sanctioned Activity.
c) R
 efusing to leave University Property when instructed to do so by a University official,
or by an official of an Authorized Agent of the University, acting within the scope of
their duties.
d) K
 nowingly inviting or admitting into or on University Property, a person to whom
a Notice of Prohibition has been issued.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 18
VII
I Sanctions

1. T he primary approach of NAM sanctions is to be educational. In addition, the principles of

restitution, deterrence, and where appropriate, restorative justice, will guide decision-makers
within the NAM System.

2. More than one sanction may be applied for any violation of this Code.

3.  epeated or multiple breaches of the Code will normally result in progressively

R
more severe sanctions.

4. I f a protected ground under the Ontario Human Rights Code is found to have been a factor
in misconduct, this will be considered an aggravating factor in determining the appropriate
sanction(s).

5. I n addition to the sanctions described in 7 and 8 below, sanctions in the Residence Community
Standards and the Athletic & Recreation Non-Academic Misconduct Policy will be available in
cases arising from those Units of the NAM System, but which have been referred or re-directed
to the Student Conduct Office.

6. Sanctions will be appropriate to the conduct involved in each case.

7. E very NAM decision imposing a sanction(s) must describe any mitigating and/or aggravating
factors that were considered by the decision-maker.

8. S anctions that may be applied by any Unit in the University NAM System include,
but are not limited to:
a) W
 ritten warning or reprimand – A notice given to a Student indicating the details of the
Code violation(s) and including a direction that the conduct cease and not be repeated.
This notice must include a statement regarding the possibility of progressively more severe
sanctions being applied in the event of future misconduct.
b) L etter of behavioural expectation – A letter to be signed by the Student that includes an
undertaking not to engage in certain behaviour and which sets out the range of possible
consequences if the stated behavioural expectations are not met.
c) Educational assignments – A requirement to complete specific educational activities,
which may include participation in, and completion of, an educational program (webinar,
on-line program, in-person workshop etc.) or a written assignment or an educational
meeting with a University or Public Official.
d) Apology – A written or oral apology to be delivered to a specified party/parties within a
specified timeframe.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 19
VII
I Sanctions continued

e) U
 niversity or Community Service – Service to the community or to the University, with
type of service, location (as applicable) and timeframe to be specified.
f) 
Restitution – A monetary compensation for loss, damage or injury, or replacement of
damaged or destroyed property.
g) Monetary fine – An amount and timeline for payment must be specified.
h) Conditional Fine – The Student is required to commit a specified sum of money for a
specified period, and the Student is required to sign and abide by a letter of behavioural
expectations. If, at the end of the specified period, the Student has not breached the terms
of the letter, the bond will be vacated. A breach of the behavioural expectations may result
in additional sanctions.
i) R
 estriction on, or loss of, privilege – The restriction on or removal of specified privileges,
indefinitely or for a specified period of time, which can include restrictions on, removal from,
or participation in, any activity or role affiliated with the University (e.g., access to University
facilities, participation in extra-curricular activities, University sponsored travel, participation
on University bodies)11.
j) 
No Contact – A requirement that a Student have no direct or indirect contact (including, but
not limited to in-person, phone, text, email, social media, through a third party, etc.) with a
specified individual, individuals or group, as outlined in a letter of behavioural expectations.
k) Non-Academic Probation – Status imposed on a Student for a specified period of time who
has a significant record of non-academic misconduct (e.g., because of several previous Code
violations or because of a Code violation that compromised the health, safety, or well-being
of another person) during which the Student is not in good standing with the University and
a further Code violation may result in a notice of Prohibition or a Requirement to Withdraw.
9. The following sanctions may be imposed only by an authorized Queen’s administrator:
a) Notice of Prohibition from campus, in part(s) or in its entirety.
b) Requirement to Withdraw, which may be time limited (suspension) or
indefinite (expulsion). This sanction is only available in cases of Category 2
non-academic misconduct.

11 T his does not include the ability to remove a person from an elected position on the AMS Assembly or from an elected position on
the SGPS Council, nor does it permit removal of any person from their employment with either of those two bodies. Restrictions can
be imposed on these individuals with respect to their participation in activities affiliated with the University, including participation
on University bodies and in clubs.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 20
VII
I Sanctions continued

10. I f at any time while a NAM case is pending against a Student and the Student’s relationship
with the university comes to an end such that the Student is no longer a member of the
Queen’s community (this does not include a leave of absence, or other temporary break
or a voluntary withdrawal as part of an informal resolution agreement), then:

a) t he university may decide to suspend the NAM process. If the Student re-joins the Queen’s
community in future, the University will decide whether to reinstate the
NAM process; or,
b) t he University can decide to continue the case to conclusion, whether or not the Student
participates in the process. If subsequently the student is found to have violated the Code
and the sanction results in a Requirement to Withdraw transcript notation12, the Student’s
transcript will be amended accordingly, and prior recipient(s) of the Student’s transcript will
be so informed by the Registrar.

12 See Policy on Transcript Terminology for Students Withdrawing from Queen’s University

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 21
VIII
I Appeals

1.  otwithstanding any right of appeal granted by the Policy on Student Appeals, Rights, and
N
Discipline, a Student against whom a finding of Non-Academic Misconduct has been made and
who wishes to appeal that finding must do so as follows:
a) W
 hen appealing a decision made by Residences, Athletics & Recreation, or an
Authorized Agent (e.g. AMS Judicial Affairs), the appeal must be submitted to the
appropriate appeal body stipulated in the appeal rules of those NAM units, if the NAM Unit’s
rules allow for a further appeal, that further appeal must be submitted to the NAMIO, to be
heard by the NAM Appeal Panel,
or,

b) W
 hen appealing a decision made by the Student Conduct Office, the appeal must be
submitted to the NAMIO, to be heard by the NAM Appeal Panel.

Students should visit the Non-Academic Misconduct Website for more information on Appeals.

2. E xcept as altered by the Procedure under the Queen’s University Student Code of Conduct,
Residence Community Standards or Athletic & Recreation NAM Policy, Non-Academic Misconduct
appeals are conducted in accordance with the Rules of Procedure for the Non-Academic
Misconduct Appeal Panel.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 22
IX
I Related Policies

1. S everal University policies, rules, procedures or guidelines normally act independently of one
another. However, in circumstances where the alleged Code violation is reported to the NAM
Intake Office, the sanctions in other relevant policies or procedures will be available to the
decision-maker.

2. These policies, rules, procedures or guidelines may include, but are not limited to the following:
a) Acceptable Use of Information Technology Policy
b) Code of Behaviour for Library Users
c) University District Tenant Handbook
d) John Orr Tenant Handbook
e) An Clachan Tenant Handbook
f) Harassment and Discrimination Complaint Policy and Procedure
g) Queen’s University Weapons Policy
h) Policy on Sexual Violence Involving Queen’s University Students
i) Professional behaviour expectations and violations under professional programs
and standards policies for professional programs.

3. The University also has existing behavioural expectations for specific Student populations:
a) Athletics & Recreation Student-Athlete Guidelines for Behaviour
b) Student Athlete Summary of Infractions
c) Athletic & Recreation Non-Academic Misconduct Policy
d) Residence Contract and Residence Community Standards for Students living in residences
e) P
 rofessional behaviour expectations and violations under professional programs. Nothing
in this Code prohibits or prevents any Faculty, School or Department from enforcing its
professional standards or professional codes of conduct in addition to
any steps taken pursuant to this Code.
4. Student governments have policies and bylaws that relate to their members:
a) The Constitution of the Alma Mater Society of Queen’s University
b) AMS Policy Manuals
c) SGPS Bylaws and Policies
d) Constitution of the Residence Society
e) Bylaws of the Residence Society

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 23
Appendix
AI Informational Commentary
About Discrimination
The following commentary is included for informational purposes; it is intended to
provide context about the nature of discrimination and some of its causes/manifestations.
It is not intended to be exhaustive, nor is it intended to alter or re-state the definitions
in the Student Code of Conduct.

This Appendix may be amended from time to time on the advice of the Associate
Vice-Principal (Human Rights, Equity & Inclusion).

Discrimination generally involves action, such as treating a person or group in a particular

way, or a failure to make reasonable accommodation for a person or group, based on a ground
protected by the Ontario Human Rights Code. Discrimination can be experienced on multiple,
intersecting protected grounds. For example, a Muslim woman who wears a hijab may
experience discrimination based on both creed and gender.

On the other hand, things such as ageism, racism, sexism, etc. are rooted in ideologies that
position certain groups as marginal or inferior, and are manifest in general attitudes, values,
and stereotypical beliefs. “Isms” will not always lead to discrimination and harassment, but they
often create the conditions for discriminatory and harassing actions.

Discrimination can also arise from a poisoned environment. A poisoned environment refers
to an environment that has become so hostile or intolerable, such that discriminatory conduct
or attitudes permeates it entirely. A poisoned environment may exist if there has been a
particularly egregious, stand-alone incident, or, if there has been serious and persistent
wrongful behaviour, based on a ground protected by the Ontario Human Rights Code,
sufficient to create a hostile or intolerable environment.

Ableism is a belief system, analogous to racism, sexism, or ageism, that sees persons with
disabilities as being less worthy of respect and consideration, less able to contribute and
participate, or of less inherent value than others. Ableism may be conscious or unconscious,
and may be embedded in institutions, systems, or the broader culture of a society. It can limit
the opportunities of persons with disabilities and reduce their inclusion in the life of their
communities. Ableist attitudes are often based on the view that disability is an “anomaly
to normalcy,” rather than an inherent and expected variation in the human condition.
Ableism may also be expressed in ongoing paternalistic and patronizing behaviour toward
people with disabilities13.

13 See OHRC Policy on Ableism and Discrimination Based on Disability

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 24
Appendix
AI Informational Commentary
About Discrimination continued
Ageism is a socially constructed way of thinking about older people based on negative
attitudes and stereotypes about aging and a tendency to structure society based on an
assumption that everyone is young, thereby failing to respond appropriately to the real needs of
older persons.

Ageism is often a cause for individual acts of age discrimination and often more systemic in
nature, such as in the design and implementation of services, programs, and facilities. Age
discrimination involves treating persons in an unequal fashion due to age in a way that is
contrary to human rights law14.

Anti-Asian racism is prejudice, attitudes, beliefs, stereotyping and discrimination that is

directed at the people of Asia or of Asian decent. Negative attitudes towards Asian Canadians
survive in characterizations of these Canadians as “foreigners” and “aliens” whose values and
culture are incompatible with the Canadian way of life. Concerns about negative attitudes
towards Chinese Canadians and South Asian Canadians came to the surface during the 2003
SARS outbreak and more recently in connection with the COVID-19 global pandemic15.

Anti-Black racism is prejudice, attitudes, beliefs, stereotyping and discrimination that is

directed at people of African descent and is rooted in their unique history and experience of
enslavement and its legacy. Anti-Black racism is deeply entrenched in Canadian institutions,
policies and practices, to the extent that anti-Black racism is either functionally normalized
or rendered invisible to the larger White society. Anti-Black racism is manifest in the current
social, economic, and political marginalization of African Canadians, which includes unequal
opportunities, lower socio-economic status, higher unemployment, significant poverty rates
and overrepresentation in the criminal justice system16.

Anti-Indigenous racism is the ongoing race-based discrimination, negative stereotyping, and

injustice experienced by Indigenous Peoples within Canada. It includes ideas and practices
that establish, maintain and perpetuate power imbalances, systemic barriers, and inequitable
outcomes that stem from the legacy of colonial policies and practices in Canada. Systemic
anti-Indigenous racism is evident in discriminatory federal policies such as the Indian Act and
the residential school system. It is also manifest in the overrepresentation of Indigenous peoples
in provincial criminal justice and child welfare systems, as well as inequitable outcomes in
education, well-being, and health. Individual lived-experiences of anti-Indigenous racism can be
seen in the rise in acts of hostility and violence directed at Indigenous people17.

14 See OHRC Ageism and Age Discrimination Fact Sheet

15 See Ontario Human Rights Commission Report
16 See Government of Ontario Data Standards for the Identification and Monitoring of Systemic Racism
17 ibid

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 25
Appendix
AI Informational Commentary
About Discrimination continued
Antisemitism is latent or overt hostility or hatred directed towards, or discrimination against
individual Jews or the Jewish people for reasons connected to their religion, ethnicity, and their
cultural, historical, intellectual and religious heritage18. Antisemitism has also been defined as
a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and
physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals
and/or their property, toward Jewish community institutions and religious facilities19.

Homophobia and heterosexism are terms used to describe prejudice relating to sexual
orientation. Both may be the basis for negative treatment of individuals and communities,
based on their actual or perceived sexual orientations. “Homophobia” is the aversion to, or
fear or hatred of, individuals and communities of diverse sexual orientations, or of behaviours
stereotyped as belonging to diverse sexual orientations. It signifies a hostile psychological
state on the part of those engaging in overt discrimination, harassment, or violence.
“Heterosexism” refers to an underlying assumption or expectation that everyone is heterosexual.
Discrimination based on that assumption may be unintentional and unrecognized by the
person or organization responsible for the discrimination. Because it is based on unexamined
assumptions, it supports the development of institutional and societal bias. Both “homophobia”
and “heterosexism” can result in discrimination based on sexual orientation20.

Islamophobia includes racism, stereotypes, prejudice, fear or acts of hostility directed towards
individual Muslims or followers of Islam in general. In addition to individual acts of intolerance
and racial profiling. It has also been described as the dread, hatred and hostility towards Islam
and Muslims perpetuated by a series of closed views that imply and attribute negative and
derogatory stereotypes and beliefs to Muslims. Islamophobia can lead to viewing and treating
Muslims as a greater security threat on an institutional, systemic and societal level21.

Microaggressions are the everyday verbal, nonverbal, and environmental slights, snubs, or
insults, whether intentional or the result of unconscious bias, which communicate hostile,
derogatory, or negative messages to targeted persons based solely upon their membership
in a human rights protected group22. Microaggressions can be subtle. Microaggressions,
cumulatively, may constitute Discriminatory Harassment. A single incident alone, particularly
where the conduct results from unconscious bias, will rarely constitute Discriminatory
Harassment, except where the conduct is particularly egregious and results in severe impact. A
group, including a Student Group, which permits or tolerates a persistent environment of

18 
Data Standards for the Identification and Monitoring of Systemic Racism
19 International Holocaust Remembrance Alliance “Working Definition of Antisemitism”
20 See OHRC Policy on Discrimination and Harassment because of Sexual Orientation
21 See OHRC Policy on preventing discrimination based on creed
22 
Microaggression: More Than Just Race, 2010, Derald Wing Sue Ph.D.

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 26
Appendix
AI Informational Commentary
About Discrimination continued
microaggressions can be found to have engaged in Discriminatory Harassment. The university’s
goal is to foster an understanding of the impacts that microaggressions can have on those in
equity deserving groups. As such, the initial focus in responding to a finding of Discriminatory
Harassment based on allegations of microaggressions will, where appropriate, be educational
and restorative.

Race is a protected ground under the Ontario Human Rights Code, but like racial discrimination,
it is not specifically defined. The Ontario Human Rights Commission explains race as socially
constructed differences among people based on personal characteristics. Racialization is the
process of social construction of race, by which people and societies construct races as real,
different, and unequal in ways that matter to economic, political, and social life.

Racism is inclusive of racial harassment and discrimination but is a wider phenomenon than
racial harassment and discrimination. Racism is an ideology that either directly or indirectly
asserts that one group is inherently superior to others. Racism plays a major role in fostering
racial harassment and discrimination. Racism can be openly displayed in harassing and/or
violent behavior such as racial jokes and slurs or hate crimes, but it can be more deeply rooted
in attitudes, values, and stereotypical beliefs. In some cases, these are unconsciously held
and expressed without intention to harm, yet the effect of racism is to perpetuate inequity
and exclusion of historically marginalized groups including Indigenous, Black, and racialized
communities. Racism operates at individual, systemic and societal levels. Although Canada has
made much progress, unfortunately racism and racial discrimination remain a persistent reality
in Canadian society. This fact must be acknowledged as a starting point to effectively address
racism and racial discrimination23.

Transphobia is the aversion to, fear or hatred of trans people and communities. Like other
prejudices, it is based on stereotypes that are used to justify discrimination, harassment and
violence toward trans people and has its roots in cisnormativity (the commonplace assumption
that cisgender, having a gender identity that is in line with the biological sex they were assigned
at birth, is the “norm”). Transphobia describes stereotypes, negative attitudes and prejudice
towards trans people that are more widespread or systemic in society and its institutions.
This form of prejudice may be unintentional and unrecognized by the person or organization
responsible, making it all the more entrenched and difficult to address. Society’s bias that
there is only one right, normal expression of gender underpins this form of prejudice and the
discrimination that can result from it24.

23 Adapted from OHRC Fact Sheet: Racial Discrimination, Race and Racism
24 
Adapted from OHRC Policy on preventing discrimination because of gender identity and gender expression

Approved by the Queen’s University Board of Trustees May 7, 2021 and to be in effect as of September 1, 2021 page 27