STUDENT JUDICIAL STUDENT JUDICIAL AFFAIRSAFFAIRS

Balancing the Principals of Natural Balancing the Principals of Natural Justice with Requirements of Privacy Justice with Requirements of Privacy

LegislationLegislation

CCSJA March 23, 2006CCSJA March 23, 2006

Harry DavisHarry Davis

Deborah EerkesDeborah Eerkes

Student Judicial AffairsStudent Judicial Affairs

Types of Investigation

CriminalAcademic(Case I)

Code of Student Behaviour

(Case II)

Basic Principles of Natural Basic Principles of Natural JusticeJustice

Freedom from bias (or the perception Freedom from bias (or the perception of bias)of bias)

Right to know the caseRight to know the caseRight to respond to the allegationsRight to respond to the allegationsRight to be heardRight to be heard

Natural Justice (other Natural Justice (other obligations)obligations)

ReasonablenessReasonablenessGood faithGood faithConsideration of relevant materialConsideration of relevant materialCompliance with legislated policies & Compliance with legislated policies &

proceduresprocedures

The FOIPP ActThe FOIPP Act

Part 1 Part 2

FREEDOM OF INFORMATION

PROTECTION OF PRIVACY

Deals with any information

Deals only with personal information

Activated only when a formal access

request is received

Always active and must be considered

at all times

Information & PrivacyKey Principles

Right of Access to Any Record:Right of Access to Any Record

Containing Own Personal InformationRight to Request Correction of

Personal Information

FOIPP - Student Judicial FOIPP - Student Judicial AffairsAffairs

Collection of Personal InformationMay be collected for purposes of law

enforcementDefinition of Law Enforcement

Investigation does not extend to an investigation under University Policy but only under a regulation or statute

FOIPP - Student Judicial FOIPP - Student Judicial AffairsAffairs

Requests for access to records re Requests for access to records re Student Discipline:Student Discipline:Disclosure harmful to law enforcement Disclosure harmful to law enforcement

N/AN/AUnreasonable invasion of personal Unreasonable invasion of personal

privacyprivacyDisclosure harmful to individual or public Disclosure harmful to individual or public

safetysafety

CASE STUDY 1CASE STUDY 1ACADEMICACADEMIC

How should Dr. Strange approach the How should Dr. Strange approach the case?case?

How can Dr. S. balance the need for How can Dr. S. balance the need for discretion with a full and fair discretion with a full and fair investigation?investigation?Privacy considerationsPrivacy considerationsEthical considerationsEthical considerationsPolicy and ProceduresPolicy and Procedures

Case study 1 (cont’)Case study 1 (cont’)

Who else should be involved?Who else should be involved?What concerns could arise about What concerns could arise about

documenting the case?documenting the case?What should be taken into account What should be taken into account

when rendering the decision?when rendering the decision?

PROCESS @ U of APROCESS @ U of A

INSTRUCTOR

UNIVERSITY APPEAL BOARD

DEAN (or DESIGNATE)

DISCIPLINE OFFICER

CASE STUDY 2CASE STUDY 2NON-ACADEMICNON-ACADEMIC

How should the RA approach the How should the RA approach the investigation?investigation?

How can the balance the need for How can the balance the need for discretion with a full and fair discretion with a full and fair investigation?investigation?Privacy considerationsPrivacy considerationsEthical considerationsEthical considerationsPolicy and ProceduresPolicy and Procedures

Case Study 2 (cont’d)Case Study 2 (cont’d)

Who else should be involved?Who else should be involved?What concerns could arise about What concerns could arise about

documenting the case?documenting the case?

PROCESSES @ U of APROCESSES @ U of ACODE OF STUDENT BEHAVIOUR CODE OF STUDENT BEHAVIOUR RESIDENCERESIDENCE

COMPLAINANT

UNIVERSITY APPEAL BOARD

CAMPUS SECURITY SERVICES

DISCIPLINE OFFICER

COMPLAINANT

RESIDENCE APPEAL BOARD

RESIDENCE INVESTIGATOR

DISCIPLINE COMMITTEE

Policies @ U of APolicies @ U of A

Code of Student Behaviour Code of Student Behaviour www.ualberta.ca/CodeOfStudentBehwww.ualberta.ca/CodeOfStudentBehaviouraviour

GFC Policy Manual GFC Policy Manual http://www.uofaweb.ualberta.ca/gfcphttp://www.uofaweb.ualberta.ca/gfcpolicymanual/olicymanual/

Information & Privacy Office Information & Privacy Office http://www.ipo.ualberta.ca/http://www.ipo.ualberta.ca/