Procedural Rights

Procedural Rights

Procedural rights cover your rights if you go through a disciplinary process at the U of A.

Procedural rights differ depending on whether you are a complainant (someone making a complaint against another person) or a respondent (someone who is accused of having committed an offence under a University policy).

If you are accused of committing an offence under the Code of Student Behaviour, you have the following rights, which can be found in section 30.1.1 of the Code:

  • Right to be presumed innocent until proven guilty [s. 30.1.1(1)b];
  • Right to not self-incriminate [s. 30.1.1(1)a];
  • Right to a timely process [s. 30.1.1(1)c];
  • Right to consult an advisor (from the University or someone else), and be accompanied to any meetings by that advisor [s. 30.1.1(1)d];
  • Right to information regarding the case against you, including the time, place, and nature of any meeting or hearing [s. 30.1.1(1)e,f];
  • ? Right to present evidence and call witnesses [s. 30.1.1(1)h];
  • When a decision is made against you, you have the right to an explanation of that decision [s. 30.1.1(1)i].

If another student has harmed you under the Code, and if that student is undergoing disciplinary action, you have the following rights, which can be found under section 30.1.1 of the Code:

  • Right to be consulted before any informal resolution of charges against the other student [s. 30.1.1(2)a];
  • Right to provide evidence of injury or damages [s. 30.1.1(2)b];
  • Right to be informed of the time, date and place of hearings related to that other student’s case [s. 30.1.1(2)c];
  • Right to be informed of the sanctions imposed on the other student if those sanctions are related to you [s. 30.1.1(2)d].

Making a complaint

  • If you believe that you have been treated unjustly by another member of the university community, you have the right to make a safe disclosure. This means that you can make a confidential report without deciding to pursue the formal complaint process. (Ethical Conduct and Safe Disclosure Policy, s. 3)
  • After making a safe disclosure, if you choose to pursue a formal complaint process, the person you are making a complaint against will have the right to know who is making the complaint against them. (Ethical Conduct and Safe Disclosure Procedures, s. C)
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