Policies, laws and agreements

Policies

In addition to the Principles of Freedom of Expression and Inclusive Engagement, a set of interacting policies support and inform how we protect these fundamental rights.  Below are the UWaterloo policies, agreements and laws central to maintaining freedom of expression at the University of Waterloo. 

University of Waterloo Act

University of Waterloo Act

The University of Waterloo Act governs all operations at UWaterloo, including free inquiry. It specifically states, “the objects of the University are the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression.”

Click here for more on the University of Waterloo Act

Policy 2 – Bulletin Boards, Temporary Signs, and Notices

Policy 2 – Bulletin Boards, Temporary Signs, and Notices

It’s the University's policy to provide notice boards across its buildings for posting of official notices related to academic, non-academic, and student activities.  

The boards are numbered and assigned to departments and other organizations across campus by Plant Operations. Each department or organization is responsible for approving all content posted on its designated boards and reserves the right to decline posting materials it deems unsuitable. Any notice not posted on a designated board is subject to removal. The President or delegate also retains the authority to remove objectionable notices. We interpret this policy to mean that any sign, banner or flag on campus displayed without permission or in a non-approved location will be removed.

Exceptions to Policy 2 may be granted and are subject to approval from the Booking Office and/or Plant Operations depending on the circumstance.

Click here for more onPolicy 2 – Bulletin Boards, Temporary Signs, and Notices

Policy 8 – Freedom of Speech

Policy 8 – Freedom of Speech

In accordance with this policy, the University expects that all members of the University and visitors to the University will respect the rights of others to engage in Free Speech on University Property and at University Events without Undue Interference.

Alleged breaches of this policy by members of the University are to be managed in accordance with University governance documents applicable to the conduct of members of the University (including Policy 33 – Ethical Behaviour, Policy 71 – Student Discipline, Policy 18 – Staff Employment, and the Memoranda of Agreements with the Faculty Association, Staff Association of the University of Waterloo), and union agreements.

Alleged breaches of this policy by visitors to the University will be managed in accordance with University governing documents applicable to the conduct of visitors. Further, as appropriate, alleged breaches of this policy by visitors will be referred to the University Police Services. Visitors found in breach of this Policy may be banned from or have conditions on their access to University property and/or University events.

Click here for more on Policy 8 – Freedom of Speech

Policy 15 – Bookings - Use and Reservation of University Facilities for Activities Not Regularly Timetabled

Policy 15 – Bookings - Use and Reservation of University Facilities for Activities Not Regularly Timetabled

This policy sets clear guidelines for safe, lawful, and fair access to UWaterloo’s facilities in furtherance of the institution's mission. In allocating space, the University prioritizes academic, athletic, and administrative needs.

Policy 15 broadly categorizes user groups into accredited and non-accredited groups, with further differentiation within those groups related to student type, organization type and more. Each group has specific guidelines for facility usage, with distinctions in charges and access to services.  Restrictions regarding alcohol, commercial activity, and signage may also apply 

Reserving space is managed through the Bookings Office, with off-campus organizations required to apply in writing at least two weeks in advance. The University reserves the right to refuse space to any group, accredited, or not, at its discretion.

Click here for more on Policy 15 – Bookings - Use and Reservation of University Facilities for Activities Not Regularly Timetabled

Policy 33 – Ethical Behaviour

Policy 33 – Ethical Behaviour

This policy emphasizes equality, respect, and fairness within the university community, outlines specific behaviours that are prohibited, and underscores the University's commitment to maintaining a supportive and respectful environment while adhering to applicable legal standards. These commitments include, among others, academic freedom and protection against discrimination. The policy notes that academic freedom carries with it a scholarly obligation to base teaching and research on an honest and ethical quest for knowledge. 

Click here for more onPolicy 33 – Ethical Behaviour

Policy 34 – Health, Safety and Environment

Policy 34 – Health, Safety and Environment

Policy 34 prioritizes health and safety at UWaterloo, ensuring a secure environment for all. It applies to everyone on University Property or at University Events, except for certain construction projects. The policy aligns with legal frameworks like the Occupational Health and Safety Act.

UWaterloo has zero tolerance for violence and hate-motivated behavior. The aim is to uphold health and safety standards mandated by law. Policy 34 emphasizes a culture of compliance and accountability, empowering individuals to report hazards or concerns proactively.

It highlights personal accountability in preventing workplace violence, with a comprehensive Workplace Violence Prevention Program in place. Supervisors and individuals have distinct responsibilities in this regard.

Click here for more on Policy 34 – Health, Safety and Environment

Policy 36 – Dispute Resolution for University Support Staff

Policy 36 – Dispute Resolution for University Support Staff

This Policy provides a confidential, effective and fair way to resolve problems, disputes, misunderstandings and disagreements concerning management action or inaction directly affecting a staff member. Complaints concerning the failure to apply or misapplication of a University policy, procedure or guideline may include matters such as abuse of supervisory authority, demotion, working conditions, discipline and discharge.

Click here for more on Policy 36 – Dispute Resolution for University Support Staff

Policy 42 – Prevention of and Response to Sexual Violence

Policy 42 – Prevention of and Response to Sexual Violence

To fulfill UWaterloo’s commitment to a safe and inclusive environment, this policy ensures the University provides education, support, and a comprehensive prevention framework covering awareness, education, training, and support services including the confidential support of Sexual Violence Resource Coordinators (SVRCs). These rules apply to incidents involving University of Waterloo students as respondents to complaints related to behaviour that occured on campus or used university property or equipment, off-campus incidents connected to university courses and/or events, and/or incidents that are not connected to the Univeristy, University property or events, but which have potential impacts on a person's university life.

Click here for more on Policy 42 – Prevention of and Response to Sexual Violence

Policy 70 – Student Petitions and Grievances

Policy 70 – Student Petitions and Grievances

This policy provides students with two avenues to seek relief from University actions and decisions.  Where a student seeks an exception or relief from University rules, regulations and processes related to their academics, they may seek to file a petition based on their extenuating circumstances.  Where a student seeks to challenge the fairness or reasonableness of a University action or decision, they may file a grievance. Grievances under this policy can extend to challenges related to academics, but also to actions and decisions that affect a student’s life at the University beyond academics.

Click here for more on Policy 70 – Student Petitions and Grievances

Policy 71 – Student Discipline

Policy 71 – Student Discipline

All students are expected to uphold academic integrity and responsible conduct, adherence to policies, and the law, while demonstrating ethical behavior in both academic and non-academic settings. This policy governs disciplinary proceedings for any actions made during enrollment of UWaterloo students. It extends to both academic and non-academic matters.

Violations include, instances of plagiarism and disruptive, dangerous, aggressive, or threatening behaviour, including by electronic means. Following an investigation, students found in violation will receive penalties ranging from letter of reprimand to expulsion to revocation of degree, diploma, certificate, standing or credit.

A discipline decision is appealable under Policy 72 - Student Appeals provided that a ground for appeal can be established.

Click here for more on Policy 71 – Student Discipline

Policy 77 – Tenure and Promotion of Faculty Members

Policy 77 – Tenure and Promotion of Faculty Members

Tenure is meant to provide institutional support for academic freedom (see the Article on Academic Freedom in the Memorandum of Agreement between the University and the Faculty Association). The pursuit and dissemination of knowledge and the attainment of understanding through scholarship and teaching, which are essential functions of a university, occur best in an atmosphere in which free inquiry and discussion are fostered. Free inquiry may at times bring a faculty member into conflict with society, governments, or the University itself. Tenure provides security of employment against pressures that might arise from such conflicts, in the belief that the University and society at large benefit from honest judgments and independent criticisms rendered by scholars who are free from fear of possible consequences that might arise from giving offense to powerful individuals or groups.

All faculty members are expected to conduct themselves in relations with colleagues, staff, and students across the University in such a way as to promote the academic well-being of all concerned. Faculty members should avoid denigrating the character and professional competence of others and should pass judgment on the work of colleagues only in the proper academic forums.

Click here for more on Policy 77 – Tenure and Promotion of Faculty Members

Free expression and Canadian law

In Canada, including Ontario, freedom of expression is a fundamental right protected by the Canadian Charter of Rights and Freedoms. Canadian laws uphold the principle of free expression at universities, but there are certain limitations and considerations in place to balance this right with other important values, such as diversity, inclusivity, and preventing harm.

Key legislation impacting free expression at UWaterloo:

Ontario Human Rights Code

Under the Ontario Human Rights Code, a person has the right to equal treatment free from discrimination in several areas including services, accommodation, employment and contracts. Examples of prohibited grounds for discrimination are race, citizenship; religion; sex; sexual orientation; age and more. You can find the full Ontario Human Rights Code here.

The Canadian Charter of Rights and Freedoms: Freedom of expression

The Canadian Charter of Rights and Freedoms: Freedom of expression

The Charter guarantees freedom of expression under Section 2(b), which states that "everyone has the freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication." This protection applies to all individuals in Canada, including those within university settings. Find the full here at The Canadian Charter of Rights and Freedoms: Freedom of expression

The Canadian Charter of Rights and Freedoms: Freedom of peaceful assembly

The Canadian Charter of Rights and Freedoms: Freedom of peaceful assembly

The Charter guarantees freedom of peaceful assembly under Section 2(c), as peaceful protests and demonstrations are generally protected forms of free expression. Universities are expected to facilitate these activities, provided they do not disrupt the institution’s activities or pose a threat to safety. Find the full text at The Canadian Charter of Rights and Freedoms: Freedom of peaceful assembly

The Criminal Code of Canada

The Criminal Code of Canada

While freedom of expression is a fundamental right, it is not absolute. Canadian law recognizes that there may be limits on expression, especially when it involves hate speech, discrimination, or incitement to violence. The Criminal Code of Canada, for example, prohibits:

  • Public incitement of hatred
  • Wilful promotion of hatred
  • Wilful promotion of antisemitism

Find the full text at The Criminal Code of Canada

Other agreements informing free expression

Faculty Association MOA

The Memorandum of Agreement sets out terms and conditions of employment for all “regular faculty,” and describes procedures for developing and revising University policies concerning terms and conditions of employment. It defines and describes the relationship between the University and the Association while ensuring regular communication and consultation between the parties and provides means for resolving differences which may arise between them. Examples of items covered under the MOA are integrity in scholarly research, academic freedom, discipline, and non-discrimination.

Click here for more on the Faculty Association MOA

News

At the end of last week the University of Waterloo issued a legal Trespass Notice to members of the protest encampment on the Grad House Green. The Trespass Notice required the encampment to leave immediately or face consequences in accordance with the Trespass to Property Act.

Unfortunately, the encampment remains in place in violation of Waterloo policies, and the law.

Today, lawyers representing the University served court documents to start a legal process to enforce the Trespass Notice and end the encampment.

The University is seeking an interlocutory injunction to end the encampment. Subject to the court’s approval, documents related to the legal process will be made available publicly through our legal counsel’s website.

Tuesday, June 25, 2024

Legal Documents

In line with our commitment to be transparent in our interactions with encampment protesters, the University is making the legal documents filed today available for our community to read.

Subject to the court’s approval, further documents related to the legal process will be made available publicly through our legal counsel’s website. 

Read the Statement of Claim 

Read the Notice of Motion 

Friday, June 21, 2024

Notice of Trespass

This is a copy of a Trespass Notice issued to all encampment participants under the Trespass to Property Act, R.S.O.1990, c. T. 21. on Friday, June 21, 2024.

It provides notice that members of the encampment are immediately prohibited from:

1.    Occupying and remaining in the field in front of the Graduate House on the University of Waterloo campus in Waterloo, Ontario (the "Encampment");
2.    Erecting, installing, or maintaining unauthorized tents, shelters, equipment, or other structures on University of Waterloo property, including in the Encampment;
3.    Occupying, gathering, or remaining at the University of Waterloo property, including at the Encampment between the hours of 10 p.m. and 8 a.m. unless specifically authorized; and,
4.    Gathering for the purpose of an Encampment at the University of Waterloo or in a manner inconsistent with our policies.