STUDENT JUDICIAL AFFAIRS Balancing the Principals of Natural Justice with Requirements of Privacy Legislation CCSJA March 23, 2006 Harry Davis Deborah Eerkes

Student Judicial Affairs Types of Investigation Criminal Academic (Case I) Code of Student Behaviour (Case II)

Basic Principles of Natural Justice Freedom from bias (or the perception of bias) Freedom from bias (or the perception of bias) Right to know the case Right to know the case Right to respond to the allegations Right to respond to the allegations Right to be heard Right to be heard

Natural Justice (other obligations) Reasonableness Reasonableness Good faith Good faith Consideration of relevant material Consideration of relevant material Compliance with legislated policies & procedures Compliance with legislated policies & procedures

The FOIPP Act Part 1Part 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 & Privacy Key Principles Right of Access to Any Record: Right of Access to Any Record Containing Own Personal Information Right to Request Correction of Personal Information

FOIPP - Student Judicial Affairs Collection of Personal Information May be collected for purposes of law enforcement Definition of Law Enforcement Investigation does not extend to an investigation under University Policy but only under a regulation or statute

FOIPP - Student Judicial Affairs Requests for access to records re Student Discipline: Requests for access to records re Student Discipline: Disclosure harmful to law enforcement N/A Disclosure harmful to law enforcement N/A Unreasonable invasion of personal privacy Unreasonable invasion of personal privacy Disclosure harmful to individual or public safety Disclosure harmful to individual or public safety

CASE STUDY 1 ACADEMIC How should Dr. Strange approach the case? How should Dr. Strange approach the case? How can Dr. S. balance the need for discretion with a full and fair investigation? How can Dr. S. balance the need for discretion with a full and fair investigation? Privacy considerations Privacy considerations Ethical considerations Ethical considerations Policy and Procedures Policy and Procedures

Case study 1 (cont’) Who else should be involved? Who else should be involved? What concerns could arise about documenting the case? What concerns could arise about documenting the case? What should be taken into account when rendering the decision? What should be taken into account when rendering the decision?

U of A INSTRUCTOR UNIVERSITY APPEAL BOARD DEAN (or DESIGNATE) DISCIPLINE OFFICER

CASE STUDY 2 NON-ACADEMIC How should the RA approach the investigation? How should the RA approach the investigation? How can the balance the need for discretion with a full and fair investigation? How can the balance the need for discretion with a full and fair investigation? Privacy considerations Privacy considerations Ethical considerations Ethical considerations Policy and Procedures Policy and Procedures

Case Study 2 (cont’d) Who else should be involved? Who else should be involved? What concerns could arise about documenting the case? What concerns could arise about documenting the case?

U of A CODE OF STUDENT BEHAVIOUR RESIDENCE U of A CODE OF STUDENT BEHAVIOUR RESIDENCE COMPLAINANT UNIVERSITY APPEAL BOARD CAMPUS SECURITY SERVICES DISCIPLINE OFFICER COMPLAINANT RESIDENCE APPEAL BOARD RESIDENCE INVESTIGATOR DISCIPLINE COMMITTEE

U of A Code of Student Behaviour Code of Student Behaviour GFC Policy Manual manual/ GFC Policy Manual manual/ manual/ manual/ Information & Privacy Office Information & Privacy Office