SA07: Student Conduct

  • Policy #: SA07
  • Responsible Authority: Director, Student Support Services
  • Approval Authority: President's Executive Committee
  • Executive Sponsor: Vice President, Student Services
  • Approval Date: 1996/04/22
  • Last Reviewed: 2012/05/16
  • Mandatory Revision Date: 2017/05/16
  • Downloadable Version: Student Conduct

PURPOSE

To provide a mechanism to deal with students who behave in a manner which is disruptive to the teaching learning process, or which interferes with the well-being of other students or staff, or which causes damage to College property.

SCOPE

This policy applies to the conduct of all full-time and part-time students, which occurs on properties owned or leased by the College, or which is related to College activities or processes, as well as to any location where a student is attending or participating in any College related activity.

Examples of such College related activities include field placements, co-operative education work terms, clinical and field placements, off-campus internships, and community service, College teams travelling to events off-campus, and Students’ Association activity off campus or engaged in a club event.

DEFINITIONS

Word/Term

Definition

Staff/Staff member

Includes full-time employees, part-time employees, volunteers and contractors, of Algonquin College, including bargaining unit members, management, and non-unionized employees.

Student

Any person who is currently enrolled in a course or program at Algonquin College, or is planning to attend the College but who may not have yet registered.

Accused Student

 

Any student accused of violating this policy.

 

Student Conduct Board

A three member committee with the mandate to determine whether a student has violated the Student Conduct Policy, and to impose sanction(s) when a violation(s) has been committed. (Appendix 2)

College Community

Includes all students, staff of the College, clients served by students, and visitors to the College.

POLICY

1.  The College believes all members of the College community have the right to study or work without undue interference. The College shall treat students as adults who are capable of, and responsible for, conducting themselves in a manner which respects the rights of staff, other students, and College property.  This policy centres on disciplinary actions to be taken by the College should the conduct of students be unacceptable.         

2.  Student Misconduct

2.1   Students will be subject to disciplinary action up to and including suspension or expulsion from the College if they:

  • behave in a manner which is disruptive to the teaching learning process, or

  • interfere with the well-being of other students or staff, or

  • cause damage to College property. 

2.2 Student misconduct also includes behaviours defined as harassment/discrimination in Policy HR 22 – Harassment and Discrimination, and smoking in non-smoking areas as defined in Policy HS 10 -  Smoking on Campus.  

2.3 Student misconduct also includes, but is not limited to:

2.3.1.   Furnishing with intent, false information to any College official, faculty member or officer. 

2.3.2.  Disruption or obstruction of teaching or learning activities, including those College-directed functions on-campus or off-campus. 

2.3.3.   Assault, verbal abuse, threats, intimidation, harassment and/or other conduct, which result in members of the College community feeling threatened or in danger. 

2.3.4.   Theft, attempted theft or mischief related to the property of the College, or the property of a member of the College community. 

2.3.5.   Any act which endangers the mental or physical health, safety, or the rights of a student or staff of the College, or of clients served by the students during their field work, clinical experience or co-operative education work term. 

2.3.6.   Failure to comply with directions of College officials or agents or law enforcement officers acting in the performance of their duties, and/or failure to identify one’s self to these persons when requested to do so. 

2.3.7.    Carrying or possession of explosives, weapons, or dangerous chemicals on College premises, except where required for academic purposes. 

2.3.8.   Conduct which is disorderly, lewd or indecent.

 2.3.9 Unauthorized use of electronic or other devices to make an audio, video, photographic or digital record of any person while on College premises without his or her prior knowledge and effective consent when it is reasonable to believe that the recording or the nature in which it is played, shown, distributed or displayed is likely to cause distress to any person. As an example, this includes secretly taking pictures of another person in a gym, locker room, or rest room. 

2.3.10.  Breach of peace on College premises or at functions sponsored by the College or the Students’ Association. 

2.3.11.  Counselling, prompting, or otherwise aiding others in unacceptable acts. 

2.3.12. Forgery of document(s), permit(s) or instrument(s) of identification, or tampering with official records. 

2.3.13.  Possession  of, or trafficking in, a controlled substance as defined in the Controlled Drugs and Substances Act

2.3.14. Contravention of provincial liquor laws or the policies of the College governing the possession, distribution, and/or consumption of alcoholic beverages (See Policy HS 11 – Alcohol on Campus). 

2.3.15.   Being under the influence of either alcohol or a controlled substance to the degree that a student:

  • may injure himself or herself, others, or property;

  • be a nuisance or disturbance to others in the vicinity;

  • is in such a condition that it is reasonable to believe that he or she is incapable of taking the necessary measures to assure their own safety or the safety of others.  

2.3.16.    Theft or other abuse of computer facilities and resources, including but not limited to:
a.  Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b.  Unauthorized transfer of a file.
c.  Use of another individual’s identification and/or password.
d.  Use of computing facilities and resources to interfere with the work of another student, faculty member, or College Official.
e.  Use of computing facilities and resources to send obscene or abusive messages.
f.  Use of computing facilities and resources to interfere with normal operation of the College computing system.
g.  Use of computing facilities and resources in violation of copyright laws.
h.  Any violation of the College Computer User Policy IT 01 – Acceptable Use of Algonquin Computer Networks and Accounts.

3. Responsibility

3.1.   All College managers have the authority and responsibility to keep necessary order, and to respond to acts of student misconduct in their area, or when they are a witness to such even 

3.2.    Disruption of instructional activities, including tests and examinations, initially may be dealt with by the appropriate professor as a matter of classroom management. The professor may require the student to leave the area for the remainder of the particular class or examination. Any disruption in instructional activities that results in the removal of a student from the class or examination shall be reported to the student’s Program Chair, and where appropriate, to the Dean of the School. If the disruption persists and/or it is deemed to be serious in nature, the incident shall be reported immediately to Safety and Security Services, the Dean of the School, and the Director of Student Support Services. 

3.3.   The official authority for carrying out formal College disciplinary hearings rests with the Student Conduct Board. This authority will be put into effect in keeping with the procedures outlined in this policy and other related policies.  Any exclusion ordered under sub-section 3.2 of this section shall not be deemed to be in lieu of other proceedings under this policy. 

4.  Law Violation

 In cases where a student may be subject to civil or criminal proceedings, the College will institute disciplinary proceedings without regard to the foregoing, and will not be subject to challenge. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings. 

5.  Student Support

5.1.  Mediation is encouraged as an alternative means to resolving disciplinary cases.  Should the complainant(s) and the accused student(s) participate in mediation, and agree to a resolution which is acceptable to the Director of Student Support Services, the agreement shall be final and there shall be no subsequent proceedings. 

5.2.  Students who are subject to a Student Conduct Hearing should seek the advice of the  Ombudsman at the earliest possible time in the process for support and direction. 

6.  Interim Suspension

6.1.  In certain circumstances, the President or a Vice President, may impose an interim College or Residence suspension prior to a hearing being held. Such suspensions may include the issue of a written trespass warning notice, in accordance with s.2 of the Ontario Trespass to Property Act. 

6.2.   Such a suspension will be imposed at the sole discretion of the President or a Vice President:

a. To ensure the safety and well-being of members of the College community or preservation of College property; or

b. To ensure the student’s own physical or emotional safety and well-being; or

c. If the student presents a definite threat of disruption and/or interference with the normal operations of the College. 

6.3.  During this suspension, the student shall be denied access to the Residence and/or College premises.  Participation in College activities for which the student might otherwise be eligible is also denied.  The student may enter the College premises upon invitation by a College official for the purposes of a discipline related meeting or to attend at the Student Conduct Review Hearing. 

6.4.    The interim suspension does not replace a Student Conduct Review Hearing, which shall proceed on the normal schedule. A copy of the interim suspension issued under section 6 together with any documents considered in support of the issuance of an interim suspension shall be immediately delivered to the Chair of the Student Conduct Board and shall be considered a Student Conduct Report for the purposes of Section 1.1 under Procedure. 

6.5.   Safety and Security Services shall communicate written trespass warning notices immediately to the Vice President, Student Services, the Director of Student Support Services, the Registrar, and to the Program Chair, affected professors and staff. 

NOTE: In circumstances where a student has been charged criminally resulting from conduct on the College property or in relation to the College community, Security Services will report the circumstances of the incident, as soon as is practicable, to the Chair of the Student Conduct Board.

Based upon the information available, the Chair of the Student Conduct Board will determine whether an interim suspension is in the best interest of the College or College community and will recommend action in accordance with s. 6.1 – 6.5

PROCEDURE

 

Action

 

Responsibility                         

1.

Charges

 

 

1.1

Submit a written report of an incident giving rise to a charge of student misconduct using the Student Conduct Report form (Appendix 1) to the Director of Student Support Services as soon as practicable after the incident has taken place.

 

Any member of the College community

1.2

Forward the completed Student Conduct Report form to the Chair of the Student Conduct Board, along with any other information received, within one working day of receiving the report.

 

Director of Student Support Services

1.3

Send a copy of all written complaints and charges of misconduct to the student or students involved and a copy of this policy, so that the student(s) may be informed of the manner in which he/she will be allowed to present their case, as well as possible outcomes, should the findings of the hearing support the charge of misconduct.

 

Chair of the Student Conduct Board

1.4

In the covering letter accompanying to the information listed in  1.3, inform the complainant(s) and the accused student(s) of the availability of mediation resources and encourage the student(s) to contact the College Ombudsman for help and support.   

 

Chair of the Student Conduct Board

1.5

If the complainant(s) and accused student(s) wish to participate in mediation, set up a session within three (3) working days of receiving the request.  Should the parties agree to a resolution which is acceptable to the Chair of the Student Conduct Board, the agreement shall be final and there shall be no subsequent proceedings.

 

Chair of the Student Conduct Board

2.

Student Conduct Board Preliminary Hearing

 

 

2.1

Upon receipt of a Student Conduct Report, schedule a preliminary hearing with the Student Conduct Board (Appendix 2) no fewer than five (5) and no more than ten (10) working days after the student has been notified in writing of the charge(s) of misconduct. Time limits for scheduling of hearings may be extended at the discretion of the Chair.

 

Chair of the Student

Conduct Board

2.2

At the preliminary hearing, give the student an opportunity to:
a.  accept responsibility for the charge(s);
b.  accept responsibility for the charge(s) with an explanation;
c.  decline responsibility for the charge(s).

 

Chair of the Student Conduct Board

2.3

If the student accepts responsibility for the charge(s), the Student Conduct Board, after deliberations, determine and impose sanctions (Appendix 5) the same day or within twenty-four hours.   

 

Student Conduct Board

2.4

If the student declines responsibility for the charge(s), proceed to a full hearing immediately if the two parties so wish.  Otherwise, schedule a full hearing no fewer than five (5) and no more than ten (10) working days after the preliminary hearing. Time limits for scheduling of hearings may be extended at the discretion of the Chair.

 

Chair of the Student Conduct Board

3.

Student Conduct Board Full Hearing

 

 

3.1

Conduct the Student Conduct Board full hearing according to the guidelines found in Appendix 3 and 4.

 

Chair of the Student Conduct Board

3.2

Once all pertinent information has been presented to the Board, convene the Student Conduct Board in private to decide if the accused student(s) has violated any section of this policy and impose sanctions, if required.

 

Chair of the Student Conduct Board

3.3

Keep a record of the Student Conduct Hearing (excluding the Board deliberations) and pertinent records, exhibits and written statements, in the Office of the Vice President, Student Services a period of seven years.

 

Recording Secretary, Student Conduct Board

3.4

Inform in writing the accused student(s), the complainant, the Registrar’s Office (when required), and the Dean of the School, of the Board’s decision and any sanction(s) to be imposed within five working (5) days of the hearing being held. Such notice will include reference to the student’s right to appeal.

 

Chair of the Student Conduct Board

4.

Discipline Appeal Committee

 

 

4.1

Within seven (7) working days of receiving written notice of the decision and sanctions imposed by the Student Conduct Board, request an appeal in writing to the Vice President, Student Services, indicating the following:
a.  A brief description of the case;
b.  The decision and disciplinary sanction(s) imposed by the Student Conduct Board;
c.  A statement as to what precisely is being appealed and the reason(s) for the appeal; and
d.  The remedy being sought.

 

Complainant or Respondent

4.2

Convene the Discipline Appeal Committee (Appendix 6) within seven (7) working days after the request for an appeal was received.

 

Discipline Appeal Committee Chair

4.3

Conduct the appeal hearing according to the guidelines found in Appendix 4 and 7.

 

Discipline Appeal Committee Chair

4.4

After reviewing and hearing the pertinent evidence, determine, by majority vote, whether the original decision(s) and/or sanction(s) of the Student Conduct Board should be upheld, modified or overturned.

 

Discipline Appeal Committee

4.5

Within five (5) working days, render the decision of the Discipline Appeal Committee and notify the student, the Dean of the School, and the Registrar. Decisions of the Discipline Appeal Committee will be final and binding on all affected persons.

 

Discipline Appeal Committee Chair

 

SUPPORTING DOCUMENTATION
Appendix 1         Student Conduct Report Form
Appendix 2         Student Conduct Board Terms of Reference
Appendix 3         Student Conduct Board Guidelines
Appendix 4         Student Conduct Hearing: Order of Proceedings
Appendix 5         Possible Sanctions for Student Misconduct
Appendix 6         Discipline Appeal Committee Terms of Reference
Appendix 7         Discipline Appeal Hearing Guidelines

 

RELATED POLICIES
AA 18    Academic Dishonesty and Discipline
HS 10     Smoking on Campus
HS 11     Alcohol on Campus
HR 22     Harassment and Discrimination 

RELATED MATERIALS

Controlled Drugs and Substances Act 

Ontario Trespass to Property Act