Two presentations on privacy, campus and workplace violence and student affairs

Our firm has the pleasure of doing extensive work in the Ontario post secondary education sector. As part of this business, we ran a conference entitled Students and the Law – Proactive Strategies for Changing Times for a group of university administrators in early November and a similar session again today for college administrators.

I spoke on students at risk and managing on-campus violence together with my colleague Catherine Peters. Catherine covered the impact of Ontario’s pending workplace health and safety legislation (Bill 168) on campus safety programs as well as the (tricky!) interplay between disciplinary and non-disciplinary management. I also dealt with Bill 168 in discussing mandatory and discretionary disclosures of personal information for the purpose of managing risk. The slides are below, and for a copy of my speaking notes click here.

I then did a short “hot issues” in student information and privacy presentation, with a brief note on the tort of invasion of privacy, a fun segment about students who take other students’ pictures and a note about processing the “I want all my e-mails” access to personal information request. The slides are below, and for my speaking notes click here.

Here are some recent and relevant resources that we noted in our discussion:

I’d like to thank Gene Deisinger, who has recently begun duties as Deputy Chief of Police & Director of Threat Management Services at Virginia Tech, for identifying some of these resources. Gene and colleague Marisa Randazzo do an excellent podcast on threat assessment that’s linked from the fourth bullet above.

I hope this material is of use!


CAISJA presentation on student appeals and related higher education student affairs issues

I had a great time this morning at pre-conference workshop for the annual Canadian Association of College and University Student Services conference. The workshop was organized by the new CACUSS academic integrity and student judicial affairs division – CAISJA. I love addressing professionals working in the higher education sector because attendees are always very knowledgeable and engaged. Today was no exception!

Here is a copy of my slides, which were just to put a little structured content into three hours of discussion moderated by my CAISJA hosts.

As promised to attendees, here is the Hicks Morley paper (written in 2005) on student appeals and here are some citations to recent and relevant case law.

  • Cotton v. College of Nurses of Ontario – On administrative fairness and mandatory medical assessments. See here for my case summary.
  • Zeliony v. Red River College – On hearing transcripts and the requirement to give reasons. The College’s reliance on unsworn witness statements (in part because witnesses said they were afraid to testify) is an important issue that is not addressed head-on in this award.
  • Lerew v. St. Lawrence College – On hearing transcripts and the requirement to give reasons.
  • F.H. v. McDougall – The Supreme Court of Canada on the existence of only one standard of proof in civil cases – the balance of probabilities standard.

Though it is technically neither an academic integrity nor a student judicial affairs issue, we did get into discussion on threat assessments, student privacy and non-disciplinary suspensions. Some materials on this topic are posted here (my CAUBO March 2008 presentation), here (comments made after the Kajouji case) and here (link to good podcast).

Thanks again to my CAISJA hosts. I hope this material is helpful and, for those who attended, look forward to keeping in touch!