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.
Additionally, students under the adjudication process can continue their academic studies unless subject to an Investigative Suspension Order, which can restrict some privileges, as explained above. 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 via email through an official “Code of Conduct Major Case: Notification Letter,” which provides a summary of the allegations. 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 with the Student Code of Conduct office 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, Residency, Athletics, Counselling, etc.), always adhering to the principles of fairness and privacy outlined in the Data Privacy Act and Freedom of Information and Protection of Privacy Act (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 and collaboration during the process, and academic standing and progression of the student(s) involved. In addition, it ensures principles of natural justice and fairness are applied, taking in restorative and learning sanctions as much as possible. It is important to clarify that the decision is always made based on the “Balance of Probabilities Theory”:
This means, 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, along with brief reasons, to the Respondent by email through a “Major Case: Decision Letter” with a “Conduct Report,” which is a document that summarizes 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.
It is important to clarify that even though justice courts use the “Balance of Probabilities Theory,” the College does not adjudicate the Student Code of Conduct on a legal basis, and this process is neither criminal nor civil, only academic and administrative in nature.
In case an Investigative Suspension Order takes place, the Student Code of Conduct office also facilitates necessary accommodations with college departments for the student to return and make up missed assignments and exams in its decision outcome.
In cases involving sexual violence and sexual assault, 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 Freedom of Information and Protection of Privacy Act (FIPPA).
If the Respondent lives in residence and/or is a member of College Athletics, 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 Code of Conduct policies. However, in those situations, their offices will consider the Student Code of Conduct’s decision so as not to double-sanction the student.
For effective communication, Respondents and Complainants will primarily be contacted via email, using the information available in the College records and Fanshawe email. 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 the Freedom of Information and Protection of Privacy Act (FIPPA). All parties and witnesses are urged to maintain confidentiality regarding the information discussed, and any unwarranted breaches may result in disciplinary action.
Disciplinary Sanctions
- It is imperative that students comply with the sanctions applied by the Student Code of Conduct office and always conduct themselves in the best manner possible. The sanctions will be in effect until the student graduates or otherwise leaves the College, regardless of their signature or acknowledgment. Failure to meet the terms of the sanctions may result in additional and/or escalated sanctions.
- It is important to clarify that in cases where the student is in their graduation term or completing their program, failure to meet the sanctions will result in College credentials being held until the completion of the sanction.
- Repeated violations or conduct breaches may lead to more severe sanctions being imposed, up to College expulsion.
Disciplinary Sanctions that the Student Code of Conduct office can issue include the following:
Written Warning
Notice issued by the Student Code of Conduct office advising the student that their conduct (act or omission) constituted a violation in contravention of the Student Code.
Behavioural Contract
Signed agreement between a student and the College for a specific period through the Student Code of Conduct office and, in some cases, through collaboration with academic and/or other areas of the College as necessary.
Conduct Probation
Order designed to permit the student to attend classes, laboratories, and placements, normally limited to campus activities, which may include specific terms and conditions.
Restitution Order
An order requiring the student to compensate the College, a member of the College Community, or any other affected party for loss or damage to property. The Student’s Academic Record is subject to an encumbrance until the Student Code of Conduct office provides satisfactory evidence that the student has complied with such an order or that arrangements satisfactory to the College have been made to comply with the order.
Short Term Suspension
A Short-Term Suspension is an order suspending the student from participation in all or specified College activities, courses, or programs for a designated number of 1 to 5 College business days. Electronic access to College online services may be discontinued during this period if determined to be appropriate.
It is important to clarify that a Short-Term Suspension is not imposed at a time that coincides with final exams or final tests and will not interfere with due dates for final culminating projects. To avoid interference with final exams or tests and final culminating projects, a student continuing their studies and returning to the College may receive their imposed sanction during the subsequent academic semester. A student graduating and not returning to the College in the subsequent semester will have the Suspension imposed during convocation. The student is not permitted to attend graduation, but will receive their credentials.
Students living in Residence will have limited access to the Residence and food services.
Long Term Suspension
A Long-Term Suspension is an order requiring a student to withdraw from an individual course or all courses in which the student is enrolled and which prohibits participation in any College activities or any combination of these for a period not less than the end of the current semester in which the student is enrolled and which may extend up to one academic year. When determining the duration of the Suspension, any time spent on an Investigative Suspension Order may be considered at the discretion of the Student Code of Conduct office.
This will usually result in automatic failing (F) grades in affected courses in which the student is registered, and no fees will be refunded for that semester. The opportunity to receive a “W” (“withdrawn”) grade is also forfeited. In some cases, the Suspension may be deferred to the next semester.
If the student is currently in Residence, the student will be removed from Residence with no refund of Residence fees for that semester.
Electronic access to online college services may be discontinued during this period as the Student Code of Conduct office determines it appropriate.
Expulsion
This sanction is adjudicated by the Student Code of Conduct office and is issued by the Registrar’s Office. It immediately terminates the student’s contractual relationship with the College and expels them from all College programs, courses, and activities, resulting in automatic failing (F) grades in all courses in which the student is registered, and no fees will be refunded for that semester.
It will deny the student the opportunity to receive a “W” (“withdrawn”).
If the student is currently living in Residence, the student will be removed from Residence with no refund of Residence fees for that semester.
Prohibition
The Registrar’s Office issues it on the recommendation of the Student Code of Conduct office and the Academic Manager. It prohibits former students who breached the Code of Conduct while they were students from participating in any College programs, courses, and activities.
No Trespass Order
In situations where an Expulsion, Prohibition, Suspension, or Investigative Suspension Order is imposed, the Student Code of Conduct office may also authorize the delivery of a notice under the Trespass to Property Act advising the student or former student that they must not trespass on College property.
Conditions
Any sanction under the Student Code of Conduct office may be subject to the student’s reasonable conditions (e.g., attending specific workshops, keeping the peace, writing an apology letter, not contacting the parties involved in the incident until graduation, etc.). A student may also be required to satisfy such reasonable conditions prior to a decision at any level of the process being made on an appropriate sanction.
