12/04/2009
ABOLISH THE CODE OF STUDENT CONDUCT
SAMPLE LETTER: CODE OF STUDENT CONDUCT
Jill Matus
Office of the Vice-Provost, Students
University of Toronto
27 King's College Circle, Room 221
Toronto, Ontario, Canada M5S 1A1
416-978-3870
vp.students@utoronto.ca
Dear Jill Matus,
We are writing to you today because of many concerns surrounding the University of Toronto’s Code of Student Conduct. We realize that the Code is in the process of undergoing an administrative update and it is necessary to reflect on the efficacy of this Code for the university community.
The University has used the Code many times to silence dissent on campus. In 1998 the administration used the Code against a disabled racialized student who challenged the University of Toronto for not accommodating his/her health needs. When the student alleged that this lack of cooperation was because of racist and discriminatory attitudes within the administration, the response was to seek expulsion for the student under the Code of Student Conduct. Ultimately, the university administrators, many of whom are white, believed that the student’s criticisms constituted vexatious conduct.
The Code was once again used in 2000 during the T.A. strike against members of the bargaining team. In 2002, the Code was updated to reflect changes in internet use and accompanying infractions, according to the administration. On this occasion the administration pushed through dual prosecution – someone could be charged under both the Code and criminal law. When students protested these changes to the Code many were given threats, including student leaders. In 2008 the Code was used against the ‘Fight Fees 14’ for allegedly participating in a peaceful sit-in. These fourteen students, staff, and allies were part of a larger group that was protesting fee increases. The criminal charges were dropped, stayed for withdrawn for all fourteen by September 2009 but for some it is not clear whether accompanying investigations under the Code still persist. The case of the ‘Fight Fees 14’ made it clear to the community that the university uses the Code to criminalize dissent. The community, including numerous student groups, unions, and 119 professors, has extended its support for the ‘Fight Fees 14’. In 2009 two students were threatened with misconduct for promoting EnviroFest by painting handprints on the sidewalk using washable and non-toxic paint.
The University of Toronto’s own purpose statement indicates that
Within the unique university context, the most crucial of all human rights are the rights of freedom of speech, academic freedom, and freedom of research. And we affirm that these rights are meaningless unless they entail the right to raise deeply disturbing questions and provocative challenges to the cherished beliefs of society at large and of the university itself.
The Code is meant to protect members of the university community but its application has situated students as subject to a different set of rules whereby academic penalties are applied for non-academic “offences”. It creates a climate of stifling dissent from students at the University of Toronto. The Code of Conduct has been used as a tool of authority with which to bludgeon student activists. This serves to diminish opportunities for real engagement with the University’s governance processes as it situates the students involved as criminals.
We ask that the University repeals the Code of Student Conduct which criminalizes dissent on campus, dismisses students’ rights and negates the University’s own purpose statement. Instead, the implementation of a Human Rights Code or a Student Bill of Rights would be worthwhile.
At the University Affairs Board meeting on November 3, 2009 you made it clear that the Code would be scrapped in the coming months if there was widespread opposition to it. Through this letter, we the [executive members] of [organization] on behalf of [x number of students] call on the University of Toronto to abolish the Code of Student Conduct.
Sincerely,
Name Date
CC:
APUS (supportapus@gmail.com)
President David Naylor (president@utoronto.ca)
9/10/2009
CAMPUS ACTIVISTS’ CHARTER RIGHTS WERE VIOLATED, JUDGE RULES
For Immediate Release: September 10, 2009
Toronto - In a significant victory for University of Toronto students, all criminal charges have been stayed against campus advocates Chris Ramsaroop and Oriel Varga in relation to a peaceful sit-in on March 2008. Thursday’s decision, by Ontario Court of Justice Judge Paul Reinhardt, is the outcome of a Charter of Rights and Freedoms challenge based on the right to be tried within a reasonable time (section 11 b).
Varga and Ramsaroop, known as the Fight Fees 2 were the remaining of the 14 students and their allies criminally charged after a peaceful sit-in against fee increases on March 20, 2008. Broad based community support by unions, students and over a hundred professors had decried the
U of T's blatant attempt to criminalize dissent on campus.
Joeita Gupta, U of T Governor and VP External of the Association of Part-Time Undergraduate Students, observes,
“This is a precedent-setting decision. It affirms our Charter Rights, making it clear that trumped-up charges can't be handed out to student leaders as a strategy to silence dissenting opinions and tie-up our advocates in lengthy and expensive legal battles. I hope this will be a strong statement to the University that such violations of academic freedom and our Charter Rights will not be tolerated on campus.”
Twelve of the original "Fight Fees 14" have also had their charges withdrawn or stayed, or have signed peace bonds limiting their right to protest on campus. But the two remaining accused, both of whom are community advocates at U of T and former University governors, refused to sign away their Charter Rights to make the charges and Code of Student Conduct investigation go away.
Justice Paul Reinhardt's decision states,
“The total delay in this case from the date of arrest 25 April 2008, until the proposed trial date of 28 September 2009, is over seventeen months, well beyond the constitutionally permitted standard for a case of this kind and with these facts.” (Pg 8, Section [47])
The charges were laid after the University of Toronto threatened the students with Code of Student Conduct investigations. From today’s success, the Fight Fees Coalition is looking forward to continuing the fight against the Code of Student Conduct proceedings. The Code is largely viewed as a means of criminalizing outspoken students. The Coalition will also continue its work towards the elimination of tuition fees. With the overwhelming support received, the University has only emboldened the movement against their unilateral tuition and ancillary fee increases. Today’s victory proves that not only will trumped-up charges not stop student resistance, but will make student resistance stronger.
More information at FightFeesCoalition.blogspot.com
Contact: Joeita Gupta 416∙918∙1935
-30-
BACKGROUND:
Oriel Varga is currently Executive Director of the Association of Part-time Undergraduate Students (APUS) and was a U of T Governor (2004-05). She has advocated for student rights at
U of T for a decade, taking part in the Justice for Dr. Chun campaign and organizing the Free University of Toronto.
Chris Ramsaroop is Outreach Organizer at APUS and volunteers for Justice for Migrant Workers (J4MW) where he advocates on behalf of migrant and undocumented workers. He is past President of numerous student unions at U of T (APUS SAC, and executive member of ASSU), and served on the University Governing Council (2002-2004).
Both Varga and Ramsaroop graduated with their Masters degree in June 2008.
The criminal charges stayed Sept 10, 2009 included: forcible confinement, mischief to property, and forcible detainer.
7/31/2009
Support remaining 'Fight Fees 2'
Court to hear Motion on Violation of Charter rights
Community Release - Toronto
Rally at Old City Hall
Wednesday, August 5th, 10:00 a.m.
I will not waive my own Charter Rights because of charges that clearly violate our basic and fundamental rights to freedom of expression and academic freedom. This matter should long ago have been thrown out by the Courts. The fact that over a year has passed without full disclosure and without a fair trial adds substantially to the growing list of Charter violations.
The community has overwhelmingly supported the Fight Fees 14. Students, organizations, unions, and over 115 professors thus far, have expressed their condemnation of the U of T regarding this blatant attempt to criminalize and silence dissent.
Joeita Gupta, Vice-President External of APUS and a student governor says,
Recently, U of T has pushed through Flat fees, which will mean those previously defined as part-time will witness a 66% fee increase. We need to stand up against fee hikes and the fundamental right to fight for access and justice on campus, and do so without the threat of police persecution.
The court date has finally been set for September 28-Oct 2, 2009. Supporters will come together on August 5th to stand in solidarity with the Fight Fees 2. Join us
and prove to UofT that criminalizing dissent will not silence opposition !
More information at http://fightfeescoalition.blogspot.com Contact: Joeita Gupta 416 918-1935
- 30 -
6/18/2009
Fight Fees Coalition Meeting
"The Code of Conduct should not be used as a tool of authority with
which to bludgeon student activists. This action also serves to
further diminish the core issues at stake on March 20, which were
protection against fee increases and opportunities for real engagement
with the University’s governance processes." - CUPE 3902
The growing support is fabulous and we need to continue our important
work. The University has been threatening other students with
investigations under the Code of Student Conduct and we cannot let
this happen. As two of the alleged participants are still facing
criminal charges and their court date is quickly approaching in early
fall we need to organize and raise awareness about UofT’s tactics of
criminalizing dissent on campus.
Please come to the next Fight Fees Coalition meeting for updates and
to discuss our next steps.
Date: Thursday July 16th
Time: 5:00 pm
Location: CUPE 3907 office: 252 Bloor Street West (OISE building), Room 8-104.
Sincerely,
Fight Fees Coalition
5/12/2009
Flat Fees Rally, May 20th
The Governing Council will meet at University of Toronto at Mississauga (UTM) on Wednesday May 20 at 4:30 p.m. to vote on the Flat Fees proposal which will increase tuition fees by 66%. Join us at UTM to get this undemocratic proposal shut down! Buses will be leaving from the St. George campus at 2 p.m. from 100 Devonshire Place (1 Block East of St.George Street & 1 Block South of Bloor). The Rally begins at 4 pm at UTM, South Building.
5/11/2009
4/16/2009
RALLY: DEMAND ACCESS to EDUCATION
The U of T administration has shown that their interests lie in turning a profit off the backs of students, while criminalizing those who take a stand against tuition increases. A year later, bogus charges are STILL being pursued against four community members for allegedly participating in a peaceful sit-in against fee increases on March 20, 2008. However, community support continues to grow. Over 100 professors have signed a letter calling to drop the charges and the student code of conduct investigations against the Fight Fees14, and thousands have signed the online petition.
The message is clear; students will not be deterred from exercising their Charter Rights and right to academic freedom. We will join together to take a collective stand against this systemic assault on equity and access on campus and gather outside the upcoming Governing Council meeting.
Join us in sending a message to President David Naylor to STOP CHARGING STUDENTS!
WHAT: Rally Demanding Accessible Education and an End to Charges
WHEN: Thursday, April 16 at 4 pm
WHERE: Simcoe Hall, 27 Kings College Circle, University of Toronto
BRING: Pots, pans and anything loud; banners; and all your friends
4/15/2009
Press Release
Rally at UofT’s Governing Council Meeting:
Thursday, April 16th, 4:00 p.m.
Simcoe Hall, 27 Kings College Circle
Speakers, performances, free food
U of T’s Governing Council is proposing a further 4.5% tuition fee increase. This fee hike will amount to close to $40 million in revenue coming directly from students’ pockets. In addition, last week theFaculty of Arts and Science voted for ‘flat fees’, which will force students taking 3 or more courses to pay as much as those taking a FULL COURSE LOAD.
The community will gather Thursday, April 16 at 4 p.m. to protest these unprecedented fee hikes and also to support the remaining four out of 14 students/allies with charges from last year’s demonstration against rising fees at the University of Toronto. Over 100 professors have since signed a letter addressed to U of T President David Naylor in support of the Fight Fees 14 and against UofT’s attempts to penalize student dissent. These tactics are clearly meant to deter students from protesting against the University’s continual fee hikes. Toronto Police charged the 14 individuals a month after the peaceful sit-in on March 20, 2008 following UofT’s threats to investigate students under the Code of Student Conduct. The letter, signed by most of the 100 professors states:
A year later the case is unwinding as charges against most have been dropped; four others await trial in September after refusing to sign a peace bond that prevents them from exercising their Charter Rights to participate in peaceful protest on campus and attend Governing Council meetings. Joeita Gupta, VP External of the Association of Part-time Undergraduate Students (APUS) and incoming UofT Student Governor says,
"Students are saying ‘enough is enough’. Across the board U of T is cutting access programs and increasing tuition fees to unprecedented levels. Simultaneously they put millions towards elite sports and expanding business administration. This time they have crossed the line. We will stand together to speak up against these increases andagainst the criminalization of students who are leaders in advocating for the rights of students.
Join students and concerned community members on Thursday, April 16th, 4:00 p.m. to hear speakers and live performances.
Contact for media interviews: Joeita Gupta 416-918-1935 and Katie Wolk 647-830-5283
More information: fightfeescoalition.blogspot.com and www.fightfees.ca or email us fightfeescoalition@gmail.com
4/03/2009
Over 100 Professors Signed Letter of Support
To the University of Toronto Community:
On March 20, 2008, a group of over forty students and their allies staged a nonviolent sit-in at the University of Toronto’s Simcoe Hall to protest rising student fees. Nearly one month later, eleven students, two staff members working at the University, and one alumnus were charged and arrested for alleged forcible confinement, mischief to property, and forcible detainment. The fourteen were released on strict bail conditions. Initially, all were prevented from participating in any demonstration on campus. This condition was challenged by the accused and was found to be unconstitutional. Current bail conditions prevent the accused from communicating with one another, and the University administration has banned some from setting foot on university property via trespass orders.
The University of Toronto’s administration has disingenuously distanced itself from the trumped-up criminal charges and the restrictive bail conditions, relegating them instead to the exclusive purview of the Toronto Police, while continuing to press forward with Code of Student Conduct investigations against those same students. The twist is that the University administration threatened the students in question with investigation long before the Toronto Police did.
It is evident that the University of Toronto’s administration collaborated with Toronto Police in pressing charges against fourteen members of our university community. It is further evident that this move was taken to repress the expression of dissent at a time when the University administration is publicly and aggressively calling for the commercialization of student fees through deregulation. This repression is all the more striking given that the University’s own purpose statement indicates that
Within the unique university context, the most crucial of all human rights are the rights of
freedom of speech, academic freedom, and freedom of research. And we affirm that these rights
are meaningless unless they entail the right to raise deeply disturbing questions and provocative
challenges to the cherished beliefs of society at large and of the university itself.
When the University of Toronto’s administration criminalizes the rights of students and activists to question and criticize University policies, their “rights of freedom of speech” are being violated. The University administration’s crackdown on the protests and on those allegedly involved therein directly contradicts its stated position on the fundamental rights of individuals to express dissent against those in power. The criminalization of activists is clearly an attempt at silencing the voices of dissidents and critics of the University administration’s policies on the commercialization of post-secondary education, and must be vehemently opposed.
We assert that this university exists as a space for critical dialogue only because of the participation of its students, workers, faculty members, alumni and other community members – and in particular we recognize those whose involvement goes unrecognized because they are not the ones with millions of dollars to donate. As faculty members at the University of Toronto, we express our dissent against the administration’s actions. The right to academic freedom is meaningless if the right to freedom of speech – and especially the right to speak truth to power – is being violated.
We call on the University of Toronto’s administration to immediately stop all proceedings against the students being investigated under the Code of Student Conduct and repeal the trespass orders. We further call on the University of Toronto’s administration to immediately express, clearly and unequivocally, that it has no interest in pursuing criminal charges in connection to this or any other peaceful protest.
________________________________________________________________________
CC: David Naylor, President of the University of Toronto
Chris Bentley, Attorney General of the Province of Ontario
George Luste, President of the University of Toronto Faculty Association
Penni Stewart, President of the Canadian Association of University Teachers
Professors Support the Fight Fees 14
The following professors have shown their support:
University of Toronto Professors
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Preparation for April 16 Rally
Tuesday, April 7, 2009 from 4:00-8:00 PM
APUS Programming Office; 100 Devonshire Place (Margaret Fletcher building, Ground Floor)
We look forward to seeing everyone out on Tuesday , even if you can only come out part of the time.