暫時的情況和手段 - 附錄四：加拿大多倫多大學學生規範 - 本校教育理念、學生自律行為與學生獎懲辦法制訂施行之相互關係研究

附錄四：加拿大多倫多大學學生規範

D. 暫時的情況和手段

1 、暫時情況：持續人身安全

在一些涉及有關嚴重恐嚇他人或大學校園內成員之人身安全的行為時，

the head of division 有權將此類涉及人身安全的指控，以合乎公平正當之要求，對被控訴之學生施以暫時情形處分。但此一處分並不表示其已構成犯罪，但此種處分需一直持續至此行為已在學生行為規範之程序下進行處理。

2、暫時手段：緊急情況

在一些涉及嚴重恐嚇他人或暴力行為的情形下，學校可採取必要的手段使學生離開學校。在 the head of division 要求調查機關進行有關此事件之調查但調查結果尚未出爐前，副校長以及學校行政單位首長（或其代理人）

可依照 the head of division 的建議，副校長以及學校行政單位首長（或其代理人）亦認為行為人有造成其他學生之危險或危險之虞，或造成學校財產損害之發生，亦或此行為人的持續到校出席課堂中的行為，即足以破壞學校功能正常運作時，可暫時地暫停其在校資格，最多不可超過三天。受到此暫停處分的學生，應立即收到一份有關其暫時停權的書面理由且校方應給予學生答辯之機會。任何類似此暫時停權處分的情形，應根據先前之調查，在學生遭停權處分的期間內，由副校長以及學校行政單位首長（或其代理人）複審。若此停權處分仍持續，學生會在 the Senior Chair（或其代理人）、或 the Associate Chair of the University Tribunal（或其代理人）

之下進行審理，上述二機關須於五天內對此學生之情形做出決定。

E. 制裁

當學生構成上述違規行為時，會適用相關的懲戒以及手段。

除此之外，當學生構成違反學生行為規範所禁止之行為時，會有一年以下緩刑期間的適用。在此期間內，若學生有違反此期間內之相當規定時，以下的懲戒手段即會產生適用。

1 、正式書面懲戒。

2 、回復原狀及損害賠償。

3 、不超過美金 500 元的罰款。 4、不超過 25 小時的公共服務。

5、禁止使用或加入某些大學的設施、服務或活動，期間不超過一年。

以下二種會直接影響學生註冊的制裁方式，只會在倘若學生持續在學的情形下，

其所造成之違規行為會對多倫多大學或其部門的機能或其他學生繼續進入課程學習造成威脅時，產生適用。當學生遭受開除或停學處分的制裁時，副校長以及學校行政單位首長（或其代理人）應將此一處分紀錄，在其所受處分期間內，紀錄在其學籍資料以及其成績單上。

停學的處分應被紀錄在學生的學籍資料以及其成績單上達五年的期間。以下的文字應呈現於此紀錄中：由於非學術性質的不端行為，此學生遭多倫多大學停學處分，期間達（期間長短），（日期）。

開除學籍的處分應永久的被紀錄在學生的學籍資料以及其成績單上。以下的文字應呈現於此紀錄中：由於非學術性質的不端行為，此學生被多倫多大學開除學籍，（日期）。

6、自任一課堂或課程中的停學處分需達一年以上。

7、由大學建議開除其學籍。

英文原文：

A. Preface

1. The University of Toronto is a large community of teaching staff, administrative staff and students, involved in teaching, research, learning and other activities.

Student members of the University are adherents to a division of the University for the period of their registration in the academic program to which they have been admitted and as such assume the responsibilities that such registration entails.

2. As an academic community, the University governs the activities of its members by standards such as those contained in the Code of Behaviour on Academic Matters, which provides definitions of offences that may be committed by student members and which are deemed to affect the academic integrity of the University's activities.

3. The University sponsors, encourages or tolerates many non-academic activities of its members, both on its campuses and away from them. These activities, although generally separate from the defined requirements of students' academic programs, are a valuable and important part of the life of the University and of its students.

4. The University takes the position that students have an obligation to make legal and responsible decisions concerning their conduct as, or as if they were, adults. The University has no general responsibility for the moral and social behaviour of its students. In the exercise of its disciplinary authority and responsibility, the University treats students as free to organize their own personal lives, behaviour and associations subject only to the law and to University regulations that are necessary to protect the integrity and safety of University activities, the peaceful and safe enjoyment of University housing by residents and neighbours, or the freedom of members of the University to participate reasonably in the programs of the University and in activities in or on the University's premises. Strict regulation of such activities by the University of Toronto is otherwise neither necessary nor appropriate.

Under some circumstances, such as when a student has not yet reached the legal age of majority, additional limitations on student conduct may apply.

5. University members are not, as such, immune from the criminal and civil laws of the wider political units to which they belong. Provisions for non-academic discipline should not attempt to shelter students from their civic responsibilities nor add unnecessarily to these responsibilities. Conduct that constitutes a breach of the Criminal Code or other statute, or that would give rise to a civil claim or action, should ordinarily be dealt with by the appropriate criminal or civil court. In cases, however, in which criminal or civil proceedings have not been taken or would not adequately protect the University's interests and responsibilities as defined below, proceedings may be brought under a discipline code of the University, but only in cases where such internal proceedings are appropriate in the circumstances.

6. The University must define standards of student behaviour and make provisions for student discipline with respect to conduct that jeopardizes the good order and proper functioning of the academic and non-academic programs and activities of the University or its divisions, that endangers the health, safety, rights or property of its members or visitors, or that adversely affects the property of the University or bodies related to it, where such conduct is not, for the University's defined purposes,

adequately regulated by civil and criminal law.

7. Nothing in this Code shall be construed to prohibit peaceful assemblies and demonstrations, lawful picketing, or to inhibit freedom of speech as defined in the University.

8. In this Code, the word "premises" includes lands, buildings and grounds.

9. In this Code, "student" means any person,

(i) engaged in any academic work which leads to the recording and/or issue of a mark, grade or statement of performance by the appropriate authority in the University or another institution; and/or

(ii) associated with or registered as a participant in any course or program of study offered by or through a college, faculty, school, centre, institute or other academic unit or division of the University; and/or

(iii) entitled to a valid student card who is between sessions but is entitled because of student status to use University facilities; and/or

(iv) who is a post-doctoral fellow.

10. In this Code, the words "University of Toronto" refer to the University of Toronto and include any institutions federated or affiliated with it, where such inclusion has been agreed upon by the University and the federated or affiliated institution, with respect to the premises, facilities, equipment, services, activities, students and other members of the federated or affiliated institution.

Note: The University of Toronto has agreed that, when the premises, facilities, equipment, services or activities of the University of Toronto are referred to in this Code, the premises, facilities, equipment, services and activities of the University of St. Michael's College, Trinity College and Victoria University are included.

11. In this Code, where an offence is described as depending on "knowing", the offence shall likewise be deemed to have been committed if the person ought reasonably to have known.

12. This Code is concerned with conduct that the Universtiy considers unacceptable.

In the case of student members of the University, the procedures and sanctions described herein shall apply, unless the matter has been or is to be dealt with under other provisions for the discipline of students. In the case of the other members of the University, such conduct is to be dealt with in accordance with the established policy, procedures and agreements that apply to the members.

13. Subject to the conditions and considerations outlined in Section B., this Code is concerned with conduct arising in relation to a wide variety of activities and behaviours including, but not limited to, conduct related to the use of computers and other information technology and the use or misuse of alcohol. In principle, alleged offences that arise in relation to such conduct are not distinct from those that arise out of other activities that occur in the University community. Such activities may also be considered the commission of one or more offences and, in appropriate circumstances, may be dealt with under other University policies or regulations specific to the behaviour.

B. Offences

The following offences constitute conduct that shall be deemed to be offences under this Code, when committed by a student of the University of Toronto, provided that such conduct

(i) has not been dealt with as failure to meet standards of professional conduct as required by a college, faculty or school; and

(ii) is not specifically assigned to the jurisdiction of the University Tribunal, as in the case of offences described in the Code of Behaviour on Academic Matters, or to another disciplinary body within the University of Toronto, as in the case of sexual harassment as described in the Policy and Procedures: Sexual Harassment; or to a divisional disciplinary body, such as a residence council or a recreational athletics disciplinary body; or is covered under these policies but which is deemed by the head of the division to be more appropriately handled by the Code of Student Conduct; and (iii) except as otherwise provided herein, occurs on premises of the University of Toronto or elsewhere in the course of activities sponsored by the University of

Toronto or by any of its divisions; and

(iv) has not been dealt with under provisions for the discipline of students with respect to University offices and services whose procedures apply to students in several academic divisions, such as University residences, libraries or athletic and recreational facilities.

1. Offences against persons

(a) No person shall assault another person sexually or threaten any other person with sexual assault.

(b) No person shall otherwise assault another person, threaten any other person with bodily harm, or knowingly cause any other person to fear bodily harm.

(d) No person shall threaten any other person with damage to such person's property, or knowingly cause any other person to fear damage to her or his property.

(e) No person shall engage in a course of vexatious conduct that is directed at one or more specific individuals, and

that is based on the race, ancestry, place of origin, colour, ethnic origin, citizenship, sex, sexual orientation, creed, age, marital status, family status, handicap, receipt of public assistance or record of offences of that individual or those individuals, and that is known to be unwelcome, and

that exceeds the bounds of freedom of expression or academic freedom as these are understood in University polices and accepted practices, including but not restricted to, those explicitly adopted.

Note: Terms in this section are to be understood as they are defined or used in the Ontario Human Rights Code. Vexatious conduct that is based on sex or sexual orientation is considered an offence under the University's Policy and Procedures:

Sexual Harassment. If the Sexual Harassment Officer believes, after consultation with relevant parties, that a complaint based on sex or sexual orientation would be better handled under the Code of Student Conduct, the Officer may refer the matter to the appropriate head of division.

(f)(i) No person shall, by engaging in the conduct described in subsection (ii) below,

whether on the premises of the University or away from the premises of the University,

cause another person or persons to fear for their safety or the safety of another person known to them while on the premises of the University of Toronto or in the course of activities sponsored by the University of Toronto or by any of its divisions, or cause another person or persons to be impeded in exercising the freedom to participate reasonably in the programs of the University and in activities in or on the University's premises,

knowing that their conduct will cause such fear, or recklessly as to whether their conduct causes such fear.

(ii) The conduct mentioned in subsection (i) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly and persistently communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or repeatedly watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be;

(d) engaging in threatening conduct directed at the other person or any member of the family, friends or colleagues of the other person.

2. Disruption

No person shall cause by action, threat or otherwise, a disturbance that the member knows obstructs any activity organized by the University of Toronto or by any of its divisions, or the right of another member or members to carry on their legitimate activities, to speak or to associate with others.

For example, peaceful picketing or other activity outside a class or meeting that does not substantially interfere with the communication inside, or impede access to the meeting, is an acceptable expression of dissent. And silent or symbolic protest is not to be considered disruption under this Code. But noise that obstructs the conduct of a meeting or forcible blocking of access to an activity constitutes disruption.

3. Offences involving property

(a) No person shall knowingly take, destroy or damage premises of the University of Toronto.

(b) No person shall knowingly take, destroy or damage any physical property that is not her or his own.

(c) No person shall knowingly destroy or damage information or intellectual property belonging to the University of Toronto or to any of its members.

(d) No person, in any manner whatsoever, shall knowingly deface the inside or outside of any building of the University of Toronto.

(e) No person, knowing the effects or property to have been appropriated without authorization, shall possess effects or property of the University of Toronto.

(f) No person, knowing the effects or property to have been appropriated without authorization, shall possess any property that is not her or his own.

(g) No person shall knowingly create a condition that unnecessarily endangers or threatens destruction of the property of the University of Toronto or of any of its members.

4. Unauthorized Entry or Presence

No person shall, contrary to the expressed instruction of a person or persons

authorized to give such instruction, or with intent to damage or destroy the premises of the University of Toronto or damage, destroy or steal any property on the premises of the University of Toronto that is not her or his own, or without just cause knowingly enter or remain in or on any such premises.

5. Unauthorized use of University facilities, equipment or services

(a) No person shall knowingly use any facility, equipment or service of the University of Toronto contrary to the expressed instruction of a person or persons authorized to

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