Policy Consultation – Proposed Amendments to Policy SC13 (At-Risk Behaviour Policy)

The UBC community is invited to comment on amendments to Policy SC13 (At-Risk Behaviour Policy) and its related procedures (the “Policy Proposal”).

The At-Risk Behaviour Policy governs the process followed by UBC when imposing restrictions on individuals who pose a risk to themselves, to others, to property on UBC’s premises or who disrupt lawful and legitimate activities on UBC premises. Restrictions include banning individuals from UBC premises, or parts of premises; restricting use of UBC facilities including computing facilities; and imposing no contact orders on individuals.

The Policy Proposal updates the current Policy to reflect best practices and to integrate the Policy with policies that didn’t exist, or have been substantially revised since this Policy was created. These include:

  • Proposed revisions to the Sexual Misconduct Policy (SC17)
  • Investigations Policy (SC8)
  • Discrimination Policy (SC7)
  • Proposed Retaliation Policy (SC18)

The Proposed Policy establishes an up-to-date, principled and flexible approach to addressing At-Risk Behaviour. More particularly, the Proposed Policy:

  1. Contains a statement of General Principles that provide guidance for interpreting the Proposed Policy.
  2. Is integrated with other current and proposed revisions to Board policies.
  3. Provides clearer and more concise language to describe the process of assessing At-Risk Behaviour and imposing restrictions.
  4. Is implemented and interpreted using a trauma-informed approach without compromising administrative fairness for respondents.
  5. Facilitates current and anticipated practices for dealing with At-Risk Behaviour on both campuses.
  6. Provides clear guidance for Decision Makers regarding the factors to consider when imposing restrictions.
  7. Gives Decision Makers more flexibility in addressing At-Risk Behaviour by expanding and listing the types of restrictions that can be imposed on individuals.
  8. Clarifies the authority of Decision Makers to impose interim restrictions, subject to requirements that are intended to ensure administrative fairness.
  9. Requires that whenever restrictions are imposed that may materially interfere with student life or a student’s studies for 21 days or more, the At-Risk Behaviour will be the subject of a formal investigation.
  10. Provides for alternative processes for putting restrictions in place on a voluntary basis.
  11. Provides guidance for voluntary accommodations that can be made without resorting to formal restrictions.
  12. Ensures that jurisdiction to impose restrictions under the Proposed Policy is consistent with jurisdiction to investigate in the proposed Sexual Misconduct Policy (SC13) and Discrimination Policy (SC7).

The most significant issues the committee considered and discussed while reviewing the Proposed Policy were the following:

  1. What General Principles should govern the Proposed Policy.
  2. Revisions to the definition of At-Risk Behaviour.
  3. What limitations there should be on the jurisdiction of Decision Makers to assess At-Risk Behaviour.
  4. What guidance do Decision Makers need when assessing At-Risk Behaviour.
  5. What additional types of restrictions are necessary to meet the objectives of the policy.
  6. How to ensure consistency with other policies, in particular, investigatory policies such as the Sexual Misconduct Policy (SC17) and Discrimination Policy (SC7).

The Policy Proposal is now being published and all members of UBC’s community are encouraged to provide their comments. Please submit feedback to the Office of the University Counsel at university.counsel@ubc.ca by January 31, 2020.

For further information about this Policy Proposal, please see the information package that was provided to the Board of Governors at: https://bog3.sites.olt.ubc.ca/files/2019/11/4_2019.11_At-Risk-Behaviour-Policy-SC13.pdf.