Appendix 2: Frequently Asked Questions
What are “Temporary Restrictions”?
By the Student Code policy, “temporary restrictions” are interim measures that can be imposed by Campus Security Services and the Student Code of Conduct Office while the investigation and adjudication processes last, not to impact and/or protect the parties involved in the alleged incidents being discussed, investigated, and adjudicated (e.g., no-contact orders, restricted campus access, only study, suspension).
What happens if a student is named a Respondent?
A Major Case under the Student Code of Conduct will be opened, and a preliminary investigation will be conducted by Campus Security Services, where the student will be interviewed. If, after their risk assessment, a safety concern is deemed, Campus Security Services can impose an Investigative Suspension Order. Accommodation can be implemented while the student is being investigated and the Student Code is in effect. After all the evidence is gathered, Campus Security Services will hand an Investigative Case Report to the Student Code of Conduct Office to adjudicate the Major Case. Before making any decisions, the student will receive the allegations brought forward in writing and in full. If the student wishes to present additional and/or new information that they believe is important regarding the allegations, they can send a written response or meet with the Code of Conduct Coordinator to advocate their case within five college business days. After that period, the Student Code of Conduct Office will decide, based on the information available, as per the policy process. If it is concluded that an offence occurred under the Student Code, corrective sanctions are warranted. A decision letter outlining the outcome will be sent to the student after that. Additionally, a meeting can be held by the Code of Conduct Coordinator with the student before sending the decision.
Are only complainants and survivors able to access support and resources at the College?
No, Respondents can access resources, including a support person, legal and counselling support. Access to the College support can only be affected if they are fully suspended or if an expulsion occurs.
How does the Student Code affect students?
The Code affects the way students conduct themselves during their time at Fanshawe College. It outlines the behaviours not suitable for a College environment and applies from admission through completion of programs or courses, including before and after classes as well as between semesters.
Does the Student Code apply to visitors on campus?
Yes. Students are responsible for informing visitors invited to the College, residence or College event of the rules and regulations in place and ensuring visitors understand and comply with such rules.
Are sanctions in effect if a student appeals their case?
Yes. Sanctions are in effect from when a student receives the sanction until a final decision is rendered.
Will offences and student files be kept confidential?
Yes. Information is only shared on a need-to-know basis. Confidentiality is maintained at its highest level but is subject to the College’s obligation to conduct thorough investigations and to the requirements of the law. The College is not permitted to discuss details with parents or otherwise unless written consent is provided.
What is the burden of finding guilt or innocence?
The process uses a “balance of probability.” If a student is more likely to have committed misconduct than not, they can be found guilty under the Student Code and can have sanctions imposed. It is important to point out, though, that only extreme cases lead to suspensions and expulsions, and definite decisions are only taken after the student is allowed to be heard and/or advocated.
Can students be criminally charged if their conduct causes the Student Code to be applied?
Yes. A finding under one system does not necessarily translate into the same finding under the other.
