The Director of Library and Archives has the authority to ensure that the John M. Kelly Library operates in the best possible environment for study and research. As the library of a Federated University of the University of Toronto, the Director of Library and Archives reports to the President of the University of St Michael's College. The Chief Librarian of the University of Toronto Libraries does not normally hold any authority as regards the conduct regulations of the John M. Kelly library.
B. Prohibited Activities
In order to ensure the best possible study and research environment for all users, Library patrons are required to follow the John M. Kelly Library Conduct Regulations, which prohibit activities including (but not limited to):
- Removal or attempted removal of library materials or property from a library building or controlled area without authorization.
- Mutilation of library materials or files by marking, underlining, removing pages or portions of pages, removing binding or staples, removing security devices, tampering electronically, or in any other way damaging or defacing library materials.
- Deliberately concealing or misfiling library materials in the Library for the exclusive use of an individual or group.
- Refusal to abide by the Library regulations regarding the return of materials and payment of fines and/or penalties. These would include penalties on lost or damaged items, "blocks" (preventing the patron from using "circulation" services, until penalties are paid, or books returned).
- Any disturbance or behaviour which interferes with normal use of the Library. Such inappropriate behaviour includes activities that are distracting or disruptive to others.
- Bringing animals into a Library building except those which are needed to assist persons with disabilities.
- Harassment or assault of Library staff or users.
- Smoking, both in the Library building and outside the library immediately in front of the main doors into or out of this building.
- Access to or use of any Library facility, equipment or service without proper permission by authorized persons.
- Entering or being in a restricted area of the Library, remaining in the Library after closing or when requested to leave during an emergency exercise.
- Damage or defacement of the Library building or equipment, inside or outside.
- Refusal to abide by regulations pertaining to matters of health, safety and security.
The Library will make every effort to ensure that its users are fully apprised of the Library Conduct Regulations by posting print and digital copies.
1. Breaches of the Library Conduct Regulations
The Library and the University will actively pursue disciplinary action, prosecution or other legal action for breaches of the Library Conduct Regulations.
It is understood that it is not possible to rely solely on these existing policies because they do not govern all the stated prohibited activities. For breaches relating to the Library Conduct Regulations, the following procedures will apply.
a. Anyone who believes a breach under these regulations has been committed may initiate a complaint by bringing the matter to the attention of the Director of Library and Archives, or designate.
b. Wherever possible and appropriate, reason and moral suasion shall be used to resolve issues of individual behaviour before resort is made to formal disciplinary procedures. Library staff will assist in monitoring the clauses of these regulations and, as appropriate, issue warnings to library users who may have committed offences as defined in these regulations.
c. Some of the prohibited activities in the regulations may be considered offences as defined in the University of Toronto's Code of Student Conduct, the University of Toronto's Policy & Procedures: Sexual Harassment, the University of Toronto's Smoking Policy, or in the Criminal Code of Canada (clauses relating to assault, theft, etc.). As such, appropriate hearing procedures and sanctions outlined in those codes may be applied.
d. Upon investigation of a complaint which is deemed to be a breach of the Library Conduct Regulations as defined, a person designated by the Director of Library and Archives may conclude that action is warranted. At this point the person designated by the Director of Library and Archives will decide on the appropriate disciplinary procedures to follow.
Generally, the Director of Library and Archives will deal with breaches of the regulations using the authority given by virtue of the office. In cases of persistent breach of the regulations or vexatious conduct, the Director will generally consider whether the conduct constitutes behaviour prohibited under disciplinary policies as listed in item C, section 2(c) above, or, for employees, under administrative procedures. If another policy or procedure applies s/he may refer the complaint to the appropriate person or persons responsible for carrying out the hearing procedures and sanctions of that particular policy, code, or administrative procedure.
In cases where an alleged offence has been committed by a student, a hearing may be conducted by the student's college or faculty, and sanctions imposed under the Code of Student Conduct may apply after a hearing, as required under the Code, has been held. In cases where a serious offence such as theft or damage has been committed by a member or non-member of the University of Toronto, USMC may seek action under a civil suit and/or prosecution (under the Criminal Code of Canada).
The Director of Library and Archives or designate may impose the following sanctions or combinations of them upon library users found to be in breach of these regulations.
a. Formal written reprimand. In the case of a student or staff member, a copy of the written reprimand may be sent to the library user's principal, dean or director.
b. Denial of access to the Library and its services either permanently or for a specified period of time. This denial of access will be confirmed in a written notice to the library user found to be in breach of this Regulation. In the case of a student or staff member, a copy of the written notice may be sent to the library user's principal, dean or director.
In addition, library users who are in breach of this policy may be placed on conduct probation for a defined period of time, with the provision that one or more of the sanctions, as appropriate, will be applied if the conduct probation is violated.
4. Appeal Procedures
a. A library user who has been notified of the denial of access to the Library and its services has up to 10 days (from the mailing or emailing of the notice, whichever is done first) to appeal the decision.
b. The President of USMC, or his or her designate (other than the person who considered the case and imposed the sanction being appealed) will hear the appeal and will render a decision to uphold or dismiss the appeal, or possibly to vary the sanction imposed.