Law Talk: Social networking and student codes of conduct

In 2008, Chris Avenir faced expulsion for running an online study group.

Avenir, a Ryerson University engineering student, administrated a Facebook page for a chemistry class. On it students shared study tips and posted answers to upcoming assignments.

When Avenir's professor discovered the page, he told Ryerson that Avenir should fail the course and be expelled. The school launched an academic investigation, and while Avenir was allowed to stay, he was found guilty of academic misconduct and failed the assignment that sparked the professor's demand.

At the time, Avenir's story raised a question few students had thought to ask: could their university punish students for what they do online, outside of class?

At Ryerson, the answer was yes — and the same is true for students at Western and Fanshawe.

Western's Code of Student Conduct stipulates that on any social networking, photo sharing or blogging website, if a Western student connects himself to Western, he is obliged not to represent the school in a negative way. Creating that connection can be as obvious as joining the UWO network on Facebook to mentioning in passing you're a student in a blog.

The obligation to the school under the code is sweeping: you have to ensure you don't post or write anything that jeopardizes the good order and proper function of the academic and non-academic programs and activities of the university. It applies to Western and all the affiliate colleges.

This also includes your on-campus and off-campus shenanigans.

The consequences can range from warnings or, as was suggested for Avenir, to expulsion. Any questionable online conduct is handled by a dean or vice-provost of students. If the incident is minor, the university encourages informal resolutions within a student's faculty. If the conduct involves an academic or administrative unit outside the student's faculty, the university police, London police or any other outside body, then the vice-provost will be involved.

The punishment has to be proportionate to the misconduct, but this also means if the misconduct is criminal, the police will be involved.

The simplest way to avoid running afoul either code of conduct is to refrain from posting, writing or drawing anything that might reflect poorly on the school. Practice self-censorship. Ask yourself, “Is there anything about this picture, blog, comment, photo caption etc. that reflects badly on the school?” This includes criminal behaviour. What would your parents think? What would your most prudish professor think?

Another simple way to avoid problems is to enhance your security settings. Facebook is regularly trying to make your life public, so make sure you review what information is available to the public, and then limit it to people you can trust.

If you do find yourself facing discipline for online behaviour, there is a way to appeal — but you must qualify. You can find out how in the Student Code of Conduct, which is available at Student Code of Conduct at www.uwo.ca/univsec/ board/code.pdf.

At Fanshawe, the school's Code of Conduct applies off-campus in fewer circumstances. It affects any activity at sanctioned off-campus events or being done by a “designated representative of the College.” The code is also less sweeping than Western's, focusing more on stopping cyber-bullying by prohibiting behaviour that has the potential to do harm.

Punishments for violating the Fanshawe code range from an oral warning to expulsion. The punishment selected “will be appropriate to the nature and seriousness of the offence and will consider the student's offence history.”

While the rules may seem less broad than Western's, it is still important to think twice about what you do online. You can download Fanshawe's code at http://www.fanshawec.ca/assets/po licies/pdf/2g01.pdf

This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1- 900-565-4LRS. You can contact Community Legal Services at 519- 661-3352 to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.