Preamble
Along with other
Division Heads, the Chief Librarian has the authority to ensure that the
Division operates in the best possible environment for study and research. This
requires that certain regulations be observed in the University of Toronto
Library.
In order to meet the
needs of the University community of users overall the Library should provide:
·
library materials,
i.e. books, journals, newspapers, documents in print and other formats, that
are complete, undamaged and properly filed
·
access to library
materials within the applicability of appropriate loan policies
·
services that are both
cost-effective and cost-efficient
·
an environment free of
disruptive activity
·
designated areas where
quiet study, group study and conversation can take place
·
book stacks, other
areas where library materials are housed and study areas free from food and
resulting problems
·
buildings designed to
enhance study and research activities and that are free from damage or
defacement due to vandalism
Prohibited Activities
In order to ensure
that the best possible environment for study and research is provided for all
users, each user of the Library is required to follow the University of Toronto
Library Conduct Regulations which prohibit:
1.
Removal or attempted
removal of library materials or property from a library building or controlled
area without authorization.
2.
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.
3.
Deliberately
concealing or misfiling library materials in the Library for the exclusive use
of an individual or group.
4.
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).
5.
Improper use or
interfering with the intended use of computers.
6.
Posting notices,
distributing circulars or petitions, soliciting, or engaging in any commercial
activity on library property without prior approval of the Library.
7.
Photographing, filming
or video recording on library property without prior written approval of the
Library and of individuals being filmed, recorded or photographed.
8.
Any disturbance or
behaviour which interferes with normal use of the Library. Such inappropriate
behaviour includes activities that are distracting or disruptive to others.
Examples of inappropriate behaviour include rowdiness, noise, prolonged
conversation, abusive behaviour, loitering, rollerblading, obstruction of
facilities or access.
9.
Bringing animals into
a Library building except those which are needed to assist persons with
disabilities.
10.
Harassment or assault
of Library staff or users.
11.
Consumption of food,
except in the cafeterias and/or designated lounge areas.
12.
Smoking in Library
buildings and in close proximity to library entrance ways.
13.
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.
14.
Damage or defacement
of Library buildings or equipment, inside or outside.
15.
Refusal to abide by
Library Conduct Regulations pertaining to matters of health, safety and
security. This would include restriction on stack access as appropriate in
individual libraries.
Procedures
The Library will make
every effort to ensure that its users are fully apprised of the the Library
Conduct Regulations. A Library publication will be made available to all
Library users stating the regulations, the sanctions that may be applied if a
breach is committed and a statement that the Chief Librarian shall have the
power to revoke Library privileges.
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 as
defined in the Section Prohibited Activities 1-15.
The library community
consists of different user groups (students, members of the teaching,
administrative and library staff, alumni, registered external members and
members of the general public), whose conduct is covered in varying degrees by
different University codes and policies. It is understood also that it is not
possible to rely solely on these existing policies because they do not govern
all the stated prohibited activities, and because the University's interests
may be best served by an administrative procedure rather than a judicial one.
For breaches relating to the Library Conduct Regulations,
therefore, the following procedures will apply.
Disciplinary Procedures
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 Chief Librarian of the university, 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) At present some of the prohibited
activities in the regulations may be considered offences as defined in the
University's Code of Student Conduct , the University's Policy & Procedures:
Sexual Harassment, the University's Smoking Policy , the Occupational Health
and Safety Act 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.
Upon investigation of
a complaint which is deemed to be a breach of the Library Conduct Regulations
as defined, a person designated by the Chief Librarian may conclude that action
is warranted. At this point the person designated by the Chief Librarian will
decide on the appropriate disciplinary procedures to follow.
Generally, the Chief
Librarian 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 Chief Librarian will generally consider whether the
conduct constitutes behaviour prohibited under University disciplinary policies
as listed in 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, the University may seek
action under a civil suit and/or prosecution (under the Criminal Code of
Canada).
Sanctions
The person designated
by the Chief Librarian to consider the case may impose the following sanctions
or combinations thereof 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 supervisor.
B) Denial of access to the University
Library and its services for a period of up to one year. 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 supervisor.
In addition, library
users who are in breach of this Regulation may be placed on conduct probation
for a period not to exceed one year, with the provision that one or more of the
sanctions, as appropriate, will be applied if the conduct probation is
violated.
Appeal Procedures
A) A library user who has been notified of
the denial of access to the University's Library and its services has up to 10
days (from the mailing of the notice) to appeal the decision.
B) The Chief Librarian, or a 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. The accused library user
or users may be assisted in the appeal by another person who may be legal
counsel.