University Discipline in the Age of Social Media

Abstract

In the wake of two high-profile scandals involving misconduct by university students on social media, this article explores the administrative and constitutional law dimensions of university discipline for online behaviour. Using the Alberta Court of Appeal's decision in Pridgen v. University of Calgary as a guide, the author examines how the characteristics of social media impact the jurisdictional, procedural, and substantive aspects of student discipline. Specifically, he explains that although universities may legitimately discipline students for online misconduct, their comments must amount to harassment of members of the university community, or threaten the learning environment. In addition, the author describes how social media raises the stakes for both accused students and victims, militating in favour of broader and more extensive procedural fairness. Furthermore, he observes that the open and communal nature of social media interaction may lead to "guilt by association," which is both unreasonable and unnecessary in combatting online harassment. Finally, the author argues that a student's Charter rights are engaged in disciplinary proceedings involving social media activity, but this does not unduly interfere with the traditional autonomy of universities.