Student Code of Conduct Adjudication Process

Moreover, the Student Code of Conduct Office undertakes a comprehensive review of cases involving alleged violations of policy A130: Student Code of Conduct. Based on the information gathered from the Investigation Case Report and any additional investigative information provided, the Student Code of Conduct Office evaluates impartially whether the Respondent is responsible for the alleged violation. This decision is made on a balance of probabilities, where the evidence suggests it is more likely than not that the violation occurred.

Students under the adjudication process can continue their academic studies unless subject to an Investigative Suspension Order, which can restrict some privileges, as explained before. The College prohibits reprisals against individuals who utilize the policy or participate in proceedings in good faith, with violators subject to disciplinary action.

Notification of Allegations

Upon receipt of an Investigation Case Report from Campus Security Services, within 5 College business days, the Code of Conduct Office notifies the Respondent with a summary of the allegations brought forward against them. The Respondent is allowed to respond in writing or at a meeting (virtual or in person) with the Student Code of Conduct Office. During this stage, informal resolution is encouraged. If the Respondent fails to provide a response or attend a meeting after being given a reasonable opportunity, then the Student Code of Conduct Office may proceed to adjudicate the complaint without their input with the information currently available.

Decision

Before taking a final decision, the Student Code of Conduct Office can consult with other College and academic areas to seek clarifications and/or additional information (such as the Complainant, Residence, Athletics, Counselling, etc.), always adhering to the principles of fairness and privacy outlined in the Data Privacy Act and FIPPA. During the decision process, the Student Code of Conduct Office takes into account various factors such as the severity of the behaviour(s), its impact on the College community, any prior violations of the Student Code or other College policies, acts of good faith, collaboration during the process, academic standing and progression of the student(s) involved. In addition, principles of natural justice and fairness are applied, taking in restorative and learning sanctions as much as possible. The decision is always made based on the “Balance of Probabilities Theory”:

This means that after a thorough review of all the documents and information provided by all parties, the Respondent will be deemed responsible if the complaint is concluded to be ‘more probable’ or ‘more likely’ of happening than not by the Student Code of Conduct Office. In this case, the Student Code of Conduct Office will determine an appropriate sanction and communicate its decision to the Respondent with brief reasons (verbally and/or in writing) and a summary of the Major Case process from the beginning until its end.

If the Respondent is found not responsible, then the Student Code of Conduct Office determines the next steps, which can include a Case Dismissal and/or connecting the student with different resources, supports, and areas at the College.

It is important to clarify that even though justice courts use the “Balance of Probabilities Theory,” the College does not adjudicate the Student Code on a legal basis, and this process is neither criminal nor civil, only administrative in nature.

In case an Investigative Suspension Order is issued by Campus Security Services during their investigation period, the Student Code of Conduct Office also facilitates, where necessary, accommodations with College departments for the student to return and make up missed assignments and exams in its decision outcome.

In cases involving gender-based and sexual violence, the Student Code of Conduct Office will also inform the Complainant of the results of its decision in writing, which will include a brief description of the outcome or any corrective action that the College has taken or will take as a result of its investigation and adjudication processes. This summary will always respect the Respondent’s personal information, adhering to the principles of fairness and privacy outlined in the Data Privacy Act and FIPPA.

If the Respondent lives in the Residence and/or is a member of Athletics or Indigenous Community, independently from what the Student Code of Conduct Office might adjudicate, those entities can also apply sanctions at their own discretion based on their own policies. In those situations, the Code of Conduct Office will work closely and collaboratively with those entities to prevent double-sanctioning a student for the same matter.

For effective communication, Respondents and Complainants will primarily be contacted via email, using the information available in the College records and Fanshawe email (“FOL Outlook”). Upholding confidentiality is a priority throughout the process, striking a balance between conducting a thorough investigation and adhering to legal requirements, including those outlined in the Data Privacy Act and FIPPA. All parties and witnesses are urged to maintain confidentiality regarding the information discussed, and any unwarranted breaches may result in disciplinary action.