2000-5-1Student Rights and Responsibilities and Discipline

Responsible Executive:
President
Vice-President Academic
Issue Date:
June 08, 2006
Supersedes Date:
May 30, 2019
Last Review:
August 26, 2020
Last Revision:
August 26, 2020

Upon request, the college will provide a copy of this policy in an alternate format.

Each student registered at Lambton College is a member of the Lambton College community.  As a member of the community, each student has certain rights that will be respected by the College and other members of the community, and has certain responsibilities as a student member of the community.  These rights and responsibilities serve as the foundation for the relationship between the student and the College community and so form the basis for the interaction between the student and other members of the College community - students, the College and its employees - and for the conduct expected of each student in the College community.  

Lambton College is an educational institution. It is the responsibility of the College to provide an environment in which effective teaching and learning can be realized. When inappropriate behaviour occurs within the College community, it is the right and the responsibility of the College to constructively confront and stop that behaviour and deal with the misbehaving individual in an appropriate and effective manner that leads to the cessation and prevention of the misbehaviour.

Policy

  1. Each student registered at Lambton College is a member of the College community.  All students are automatically bound by this Code upon enrolment.  Each student, upon registration at the College, contractually agrees to be governed by the rules and regulations of the College which include this Code.  
  2. This document applies to all Lambton College students when on any property owned or leased by, or under the care and control of, the College, when on field placement, clinical placement, co-op placement, etc., and when in attendance at any College-sponsored events or functions. This document also governs internet communications and other “off campus” conduct by Lambton College students that engages the College's duty to provide a safe and harassment free learning and working environment or that otherwise engages the College's legitimate interests.

Student Rights

  1. All students at Lambton College enjoy certain rights generally as a citizen and particularly as a student.
    1. In common with all other individuals in Ontario, students enjoy rights under both the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. Those rights are subject to limits described in those documents. It should also be noted that the rights are subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. The extent of a right or a freedom may reasonably vary with the circumstances so that an exercise of a right which may be appropriate in a public place may not be appropriate in an educational institution.
    2. Students have rights, under the Freedom of Information and Protection of Privacy Act of Ontario, to see any records which are made about them and to have records remain secure and private for College purposes only, subject to limitations on those rights contained in that statute. Records include biographical information, letters and memos, grades, papers, projects, and other work submitted, as well as commentaries made about a student's performance in practicum situations and may be stored in a variety of media.
    3. Students have the right to an environment in which they can study, play and interact with freedom from:
      1. Abuse of authority - Students should be free from abuse as a result of the improper use of authority e.g. intimidation, threats, coercion.
      2. Reprisal - Students should be free of any reprisal or threat of reprisal as a result of exercising any legal right or making any legitimate complaint or appeal.
      3. Harassment - Students should be free from harassment, intimidation, threats, and physical, emotional or psychological abuse from any member of the College community.
      4. Ridicule and Humiliation - Students should be free from ridicule or other forms of humiliation by any member of the College community.
      5. Threats to Security of Person or Personal Property - Students should be free from all threats to their person and their personal property by any member of the College community, and from unreasonable search and seizure.
    4. Students have a right to receive instruction in the College course or program in which they are registered subject to reasonable limits including limitations set out in the College Calendar, statutory limitations, lawful work stoppages, acts of God or circumstances otherwise beyond the control of the College.
    5. Students have a right to receive instruction free from unreasonable disruptions and intrusions unless they are beyond the control of the College.
    6. Students have a right to be impartially graded and to appeal any evaluation or decision that affects their grades.
    7. Students have a right to receive the academic information necessary to understand the requirements to complete successfully their course or program of study, including course outlines for each course of study.
    8. Students have rights of ownership over any work submitted for which the College does not supply the materials. The rights of ownership may not extend to work undertaken in cooperative learning, field placements, internships and other such work placements. Students must make the effort to recover submitted work. The College can only store work for the time required by applicable legislation or regulations, at which time it will be disposed of.
    9. Students have the right to have the laws of natural justice prevail in official procedures. This statement implies: impartial arbiters, advanced notice of all complaints, sufficient time to prepare for a hearing, opportunity to testify and present evidence, early access to all information and documentation upon which judgments are to be made, access to and use of an advisor, the opportunity to review the decision, timely resolution of issues. In the case of summary offenses (for example, smoking, parking) a Hearing is not required but the right to request reconsideration is maintained.
  2. It should be well noted that although all students enjoy the above rights, the rights and the enjoyment of them are not unlimited. Limitations on rights, freedoms and privileges can be imposed by legal authorities, by College disciplinary sanctions, or by the overriding rights of others.

Student Responsibilities

  1. As a citizen and as a student, each student has certain responsibilities. Failure to recognize, accept and meet these responsibilities will impair the functioning and effectiveness of the student and may lead to inappropriate and unacceptable conduct. Such conduct may result in sanctions being imposed on the student by the College.
    1. Students have a fundamental responsibility to be familiar with and obey the general law of the land (Criminal Code of Canada and other Federal statutes and regulations, Provincial statutes and regulations and by-laws of municipalities).
    2. Students have a responsibility to be familiar with and comply with the policies and regulations of the College in both academic and non-academic matters.
    3. Students have a responsibility to respect the physical and emotional well-being and the sense of personal worth and dignity of all members of the College community.
    4. Students have a responsibility to respect the rights of other members of the College community to receive instruction, to use College premises, to work and to study without unreasonable disturbance, disruption, hindrance or threat to safety.
    5. Students have a responsibility to assist in all reasonable ways to maintain good order and an environment that is conducive to the learning process.
    6. Students have a responsibility to deal honestly in all business, academic and personal activities with all members of the College community.
    7. Students have a responsibility to respect the professor's right to establish standards for classroom behaviour and decorum; determine the learning and evaluation activities, methods and processes; and, generally, conduct the course in the manner that the professor determines to be appropriate.
    8. Students have a responsibility to recognize and respect the legitimate exercise of authority whether it be the authority of a professor in a teaching environment, an employee in an administrative service, or a protective security officer performing security duties.
    9. Students have a responsibility to respect College property.

Code of Conduct

Lambton College considers each student an adult capable of reasonable and responsible behaviour.  Each student enjoys rights and faces responsibilities as a citizen and as a student.  Each student is expected to adhere to the laws of the land and the policies and regulations of the College.  Further, the College expects each student to behave in a manner that does not interfere with the basic purposes and processes of the College as an educational institution or infringe on the rights of other members of the community or lessen their enjoyment of the College community.  More specifically, the College expects each student to behave in a manner that is consistent with the Lambton College Code of Conduct.

The Code of Conduct

  1. Each student will:
    1. act in a manner that respects the dignity of others and promotes co-operation, goodwill and mutual respect;
    2. act in an honest and ethical manner;
    3. assist in the maintenance of good order within their environment and refrain from creating a disturbance or a disruption to activities;
    4. respect College and personal property and refrain from damaging or stealing property;
    5. respect the regulations of the College;
    6. behave in an environmentally sound manner;
    7. cooperate with officials acting in the performance of their duties.
  2. Behaviour that is inconsistent with the Code of Conduct will lead to sanctions by the College, up to and including suspension or expulsion.

Misconduct

  1. Inappropriate behaviour or misconduct by a student requires the College to take appropriate actions. The following behaviours and actions are contrary to the Code of Conduct and will result in sanctions against the offending individual.
  2. In cases where a student may be subjected to civil or criminal proceedings, the College may institute concurrent disciplinary proceedings without regard to the foregoing.
  3. The following list of inappropriate behaviours is not exhaustive or delimiting.
  4. The Code of Conduct is breached by any student who:
    1. assaults any member of the College community during any College activity;
    2. acts in a manner that threatens or intimidates or is verbally abusive of any member of the College community, even if there is little likelihood of the threat being carried out;
    3. harasses any person on any grounds whatsoever, (e.g. gender, ancestry, place of origin, colour, ethnic origin, citizenship, sex, marital status, family status, disability, race, creed, sexual orientation, age, or economic status) whether by words, gestures or other acts (Sanctions may be enforced through other separate policies and regulations established by the College.);
    4. Causes physical injury, attempts to cause physical injury or threatens to cause physical injury to any member of the College community;
    5. makes false statements, whether written or spoken, that are damaging to the reputation of another member of the College community;
    6. commits an act of academic dishonesty;
    7. commits an act of theft on College property, or an act that affects the property of the College or any member of the College community (Theft includes the retention of College property, lawfully gained through authorized borrowing, after the date for its return or after demands for its return have been made.);
    8. recklessly damages College property or the property of any member of the College community;
    9. enters any part of College property where that student has no reason or right to be or who enters College property after having been excluded from entry by a sanction or order of the College;
    10. accesses or uses College-provided computing facilities for purposes other than those for which the facilities have been provided or who interferes with the operations of such facilities;
    11. misrepresents any fact to the College or fails to disclose a fact, where this action has a material effect upon the College's relationship with the student, or who assists another person to do so;
    12. disrupts a class, laboratory, placement situation, extra-curricular activity, or resource center, whether by sounds or actions, or by failing to follow the directions of any teacher, or other person in authority;
    13. creates a disturbance anywhere on College property, whether by sounds or actions, or otherwise interferes with the peaceful use of College property by others;
    14. creates a false alarm on College property, by any means whatsoever;
    15. possesses anything designed to be used or intended to be used as a weapon on College property or during any College activity;
    16. is intoxicated by alcohol, or cannabis or cannabis products, or illegal substances or is in possession of an alcoholic beverage, (except as permitted under the laws of the Province of Ontario) while on College property or in a College activity;
    17. is unlawfully in possession of any substance or who contracts for the sale of any substance prohibited under the Narcotic Control Act or the Food and Drugs Act while on College property or while involved in a College activity;
    18. violates other College policies, procedures and regulations;
    19. violates any statute of Canada or the Province of Ontario while on College property or involved in a College activity, or commits a violation which engages the College's duty to provide a safe and harassment free learning and working environment, or the College's legitimate interests.

Sanctions

  1. Decisions on whether a student has engaged in prohibited conduct will be based upon a review of information and facts provided by the parties involved, gathered by the investigating officer and assessed on the standard of balance of probability. The sanction(s) will reflect the severity of the misconduct, aggravating and/or mitigating factors, and any previously levied sanctions, and may vary accordingly. More than one of the sanctions listed below may be imposed for any single violation.
  2. The following sanctions may be imposed upon a student found to have behaved in an unacceptable manner:
    1. Admonition and Warning - a notice to the student that the student is violating or has violated an institutional regulation or the Code of Conduct.
    2. Probation - a written reprimand for violation of specified regulations or the Code of Conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found guilty of further violations during the probationary period.
    3. Loss of Privileges - denial of specified privileges for a designated period of time.
    4. Restitution - compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacements.
    5. Work assignments, service to the College, or other relevant assignments.
    6. Behavioural Contract - a written agreement between the student and the Dean that specifies conditions that must be met and followed by the student in return for re-admission to specific College activities and that if contravened may result in further sanctions including suspension or expulsion.
    7. Fines
    8. College Suspension - separation of the student from the College for a definite period of time, after which the student is eligible to apply to return. Conditions for re admission and registration may be specified. A written trespass warning notice may be issued. The imposition of this sanction requires its recommendation by the Registrar, Dean or Director who was responsible for the discipline hearing to the Vice-President, Academic & Student Success for approval. Grades, fees, the transcript, etc. will be treated the same as described below under Academic Sanctions for a third-offence suspension. The notation on the transcript may be omitted at the discretion of the Dean or Registrar.
    9. College Expulsion - permanent separation of the student from the College. A written trespass warning notice may be issued. The imposition of this sanction requires its recommendation by the Registrar, Dean or Director who conducted the discipline hearing to the Vice-President, Academic & Student Success for recommendation to the President for approval. Grades, fees, the transcript, etc. will be treated the same as described below under Academic Sanctions for a fourth-offence expulsion
  3. Disciplinary decisions and sanctions shall be made part of the student's official record for College administrative purposes.
  4. The College reserves the right in all cases, and notwithstanding the immediately following section, on the basis of information and comment provided to it, to undertake and institute interim measures to ensure the safety of the College community or any members of it, or to meet the demonstrated needs of a complainant, for the duration of the investigation when, in its judgment, there is a need to do so. For example, a respondent may be moved from a complainant's residence, restricted from entering certain parts of campus and/or restricted from attending class. The College will also take steps to minimize the impact of interim measures on respondents. While interim measures are not, nor intended to be, disciplinary, non-compliance will be considered a violation of the student code of conduct. The College may impose interim measures immediately, without a hearing. Respondents may ask the College to review a decision to impose interim measures, but only to address the impact of the imposed measure and the preference for other alternatives.

Suspension of a Student by the Vice-President, Academic & Student Success

  1. In certain circumstances, the Vice-President, Academic & Student Success, or the President, may impose an indefinite suspension or expulsion prior to a hearing. Such suspensions may include the issue of a written trespass warning notice, in accordance with s.2 of the Ontario Trespass to Property Act.
  2. Such a suspension will be imposed:
    1. To ensure the safety and well-being of members of the College community or preservation of College property; or
    2. To ensure the student's own physical or emotional safety and well-being; or
    3. If the student presents a definite threat of disruption or interference with the normal operations of the College
  3. During this suspension, the student shall be denied access to College premises, services and participation in College activities for which the student might otherwise be eligible.
  4. Written trespass warning notices shall be communicated immediately by the Registrar to the Vice-President, Finance & Administration, the Director of Facilities and affected employees and students.

Academic Dishonesty

  1. The evaluation of the student's performance is built on the premise that the work submitted by the student is in fact the work of the student, unless designated otherwise, and completed under the terms and conditions that are either set down by the professor or the College, or are generally understood within the College.
  2. Academic dishonesty strikes at the heart of an educational institution and so cannot and will not be brooked or tolerated. Academic dishonesty includes, but is not limited to, the following:
    1. plagiarism, defined as representing the work of another as one's own,
    2. submitting as one's own, work completed by another person,
    3. cheating by obtaining answers to test and examination questions through unauthorized materials, or information from another student,
    4. allowing another person to take an evaluation in one's place,
    5. impersonating a candidate at an evaluation,
    6. stealing or having unauthorized foreknowledge of an evaluation,
    7. falsifying or inventing any information required or used in an academic work,
    8. modifying, without authorization, an examination or test paper, record or report for the purpose of obtaining additional credit,
    9. failing to follow or comply with Test and Exam Writing Protocol policy (2000-1-6)
    10. aiding or abetting another person to commit an act of academic dishonesty.
  3. Students who commit acts of academic dishonesty will be subject to disciplinary action. 

Academic Sanctions

  1. Academic disciplinary sanctions will be progressive, proportionate to the severity of the offence, and take the form of an academic sanction.
  2. Academic sanctions may include the following:
    1. Official warning with mandatory academic integrity remediation;
    2. Re-submission of the same or alternative assignment with a reduced grade (in extenuating circumstances);
    3. Reduction of the grade up to a grade of 0 for the assignment, test, exam, creative work or project with no opportunity to resubmit the work;
    4. Grade of F in the course;
    5. Immediate termination from the course with a TM grade;
    6. Suspension of the student the College for a minimum of either nine months or until the beginning of the corresponding term in the next academic year (whichever period is greater). This penalty will result in TM grades in all courses in which the student is registered, and no fees will be refunded for the term. The suspension will be noted on the student's transcript. A note will be placed in the student's file. The suspension sanction must be approved by the Vice-President, Academic & Student Success, after the exhaustion of the review option. The student will be required to apply to the College for readmission through the normal application process.
    7. Expulsion from the College. This expulsion will be recorded on the student's transcript. This penalty will result in TM grades in all courses in which the student is registered, and no fees will be refunded for the term. A note will be placed in the student's file. A student expelled from the College will not be eligible for readmission to any Lambton College programs or courses for a period of not less than five years. The expulsion sanction must be recommended by the Vice-President, Academic & Student Success to the President for final approval, after the exhaustion of the review option. The student will be required to apply to the College for readmission through the normal application process. Readmission tot he College will be at the sole discretion of the College and considered on a case-by-case basis.
  3. A course grade of F or TM imposed as an academic sanction takes priority over and replaces any grade awarded or requested, or any current status in a course. Thus a grade of F imposed as a sanction will replace any previously awarded grade (e.g. B), requested grade (e.g. W) or status (e.g. NG) in the course. A student may not continue in a course in which the sanction is applied to the final grade.

Discipline Procedures

Student Misconduct 

Responsibilities

  1. All College managers have the authority and responsibility to keep necessary order and to respond to acts of student misconduct. 
  2. The official authority for carrying out formal College disciplinary hearings rests with the Registrar or senior academic administrator of the student's academic school (Dean, Associate Dean, Director, Chair), hereafter referred to as the Dean, of the program in which the alleged student offender is enrolled.  If the alleged misconduct occurs within the classroom, lab or other academic or teaching venue or is directly a part of the teaching-learning process, then the Dean will be responsible for the disciplinary hearings.  Otherwise, the Registrar will be responsible.    
  3. For first or minor cases of misconduct occurring in or about the student residences, or having to do with parking or smoking matters, or having to do with the use of the College information systems and information technology, authority for disciplinary hearings and actions may be delegated by the Registrar to the manager responsible for the residence, the manager responsible for facilities or the manager responsible for the information systems and technology, respectively.
  4. The Dean may delegate authority to the Academic Integrity Hearing Office. The faculty member lodging the complaint will investigate the breach and submit the evidence to the Hearing Office. The Hearing Office will conduct the hearing, adjudicate and if a finding is made, impose sanctions up to and including a zero on the assignment (24a to 24c). If the infraction warrants a more severe sanction, or if the respondent has a prior academic infraction on record, then the Hearing Office will recommend a sanction to the Dean for decision.
  5. When confronting student misconduct, professors are expected to take whatever immediate action is needed to ensure the continuing order of their classes and safety of their students.

Charges and Hearing Procedures

  1. Any member of the College community may submit to College officials an oral report, on a minor matter, or a written report of student misconduct.
  2. A description of any incident or behaviour giving rise to a charge of misconduct, shall be submitted or transmitted to the Registrar or appropriate Dean.  Incidents of misconduct shall be reported as soon as possible after they have taken place.  
  3. In cases of summary offence (e.g. parking, smoking), a notice will be issued to the student detailing the offence and the review process.  A Hearing shall not be required prior to the implementation of a sanction.
  4. In all cases other than summary offences, a time shall be set for a disciplinary hearing, not fewer than two nor more than ten school days after the student has been notified of the charges of misconduct.  Maximum time limits for scheduling of hearings may be extended at the discretion of the Dean or Registrar or delegate and minimum time requirements may be waived by the student.
  5. A written copy of all complaints and charges of misconduct shall be given on request to the student(s) involved where the sanction may involve substantial fines, suspension of more than three days or expulsion.
  6. The student will be informed of the manner in which the defence case may be presented by the student as well as possible outcomes from a finding of misconduct.
  7. The Dean or Registrar or delegate will review the incident(s) leading to an allegation of misconduct and obtain additional information, if required.  All information on which decisions are to be based will be shared with the principal parties concerned.
  8. The person conducting the hearing will notify the student of the decision and any sanction to be imposed.  In all cases, the written notification to the student will be provided by the Registrar.  Such notice will include reference to the right to request reconsideration. A copy of the notice will be forwarded by the Registrar to the complainant (the person who complained of the student's behaviour).

Academic Dishonesty

Responsibilities

  1. All College employees have the responsibility to prevent academic dishonesty and respond to acts of academic dishonesty including the reporting of it.
  2. When confronting acts of academic dishonesty, professors are expected to take whatever immediate action is needed to ensure the continuing order of their classes and the academic integrity of the course and evaluation.
  3. The authority for carrying out formal College disciplinary hearings and actions rests with the Dean (as defined above) of the program in which the student is enrolled.  The carrying-out of the hearing may be delegated to an administrator or faculty member.

Charges and Hearing Procedures

  1. The professor or other staff, when observing or discovering an act of dishonesty, will inform the student, if the student is present, of his or her observations as soon as possible or reasonable after the discovery or observation.  In the case of cheating on a test or an exam, the professor or staff shall attempt to confiscate the exam or test immediately along with any incriminating evidence while minimizing the disruption to other students present. 
  2. The faculty member investigates, collects and submits the evidence to the Hearing Office within five business days.
  3. The Hearing Office will call and conduct a hearing as a delegate of the Dean within five business days. At the request of the student, the timeline may be extended by an additional five working days.
  4. Following the hearing, the Dean or delegate will add to the student record a summary of the offense, the rationale for the disciplinary decision, and the rationale for the sanction and add it to the Student Record. If the sanction results in a grade of zero on the assignment or lower, then the Dean or delegate will apply the sanction.
  5. If the sanction results in the failure of a course or higher, the Dean will inform the Registrar, in writing, of the findings from the hearing and his/her decision. The Registrar will apply the sanction to the student's record and notify the respondent. 

Request for Reconsideration of Discipline Decisions

  1. If the respondent (the student who has been disciplined) or complainant (the person who complained of the student's behaviour) disagrees with the interim measures, disciplinary decision or sanction arising from misconduct or academic dishonesty, a request for reconsideration can be made. Such requests by the respondent will not be heard in those cases in which a minor sanction has been imposed.
  2. The request for reconsideration is available where at least on of the following conditions/grounds is met:
    1. There is new information that, through no fault of the respondent, was unavailable at the time of the hearing and is likely to change the outcome;
    2. There is evidence of procedural error or bias in the process;
    3. The sanction imposed is grossly disproportionate to the nature of the offense.
  3. If the decision was made by a delegate (e.g. the Hearing Office in the case of a minor Academic Integrity complaint) the respondent must request an informal review prior to proceeding to a formal request for reconsideration. The respondent must submit a request for review, in writing, to the Dean (for Academic Integrity matters) or Registrar (for non-academic disciplinary matters), who will review the evidence, the decision and the sanction. The Dean or Registrar will meet with the student and determine whether to uphold the original decision and the sanction. The result will be communicated to both the respondent and the delegate. If the respondent remains dissatisfied, they can proceed to a formal request for reconsideration.  
  4. A request for reconsideration must be filed with the Director of Student Services within five College working days of the issuance of the discipline decision.
  5. A student who files a request that is accepted by the Director of Student Services will have the imposed penalty held in abeyance and will not be prevented from proceeding along the normal course of study, or in any other way disadvantaged or held back, while the formal request for reconsideration proceeds, except in the cases of non-academic suspension or expulsion by order of the Vice-President, Academic & Student Success, or President, (see 1.3.3.1 Suspension of a Student by the Vice-President, Academic & Student Success) and the institution of interim measures as described in statement 15 above, in which cases the suspension or expulsion or interim measures remain in effect during the process. If, ultimately, the request is denied, the penalty will immediately be in effect, unless dictated otherwise by the Review Panel. The imposition and effect of the penalty will in no way be changed or affected by the lapse of time resulting from the review.
  6. The request for reconsideration shall be in writing, addressed to the Director of Student Services and include the following:
    1. a statement as to what the grounds for the request for reconsideration;
    2. the reason(s) for the request;
    3. a deposit of $25, which is refundable in the event of a successful request, as determined by the Director of Student Services.
  7. The Director of Student Services will form a Review Panel to hear the request for reconsideration and will schedule the hearing no fewer than two and no more than seven College working days after receipt of the request.

Review Panel

  1. The Review Panel will consist of the following, none of whom should have any prior involvement with the case:
    1. One Dean or Chair or Associate Dean,
    2. A non-academic administrator,
    3. Two faculty members in a case of academic dishonesty, or some combination of two drawn from faculty or staff for student misconduct cases,
    4. Two students, preferably at the senior level, appointed by the Student Administrative Council.
  2. The Chair of the Panel shall be determined by the members of the Panel.
  3. The composition of the Review Panel may be altered at the discretion of the Director of Student Services in exceptional circumstances to ensure a fair and impartial Panel.
  4. In the event of a request to review, a decision in which the Director of Student Services has had some involvement, the Director will recuse himself and be replaced by the Registrar, or a Dean if the Registrar has had some involvement.

Review Hearings

  1. Hearings shall be conducted by the Review Panel according to the following guidelines:
    1. Hearings shall be conducted in camera.
    2. Admission of any person other than Panel members and witnesses to the hearing shall be at the discretion of the Panel.
    3. The respondent (the student who has been disciplined) and the complainant (the person who complained of the student's behaviour) each has the right to be assisted by any advisor he/she chooses drawn from inside the College, at his/her own expense. While the respondent and the complainant is each responsible for presenting his/her own case, the advisor may make representations to the Review Panel.
    4. The complainant, the respondent and the Review Panel have the privilege of presenting witnesses who may be subject to questions from the Panel. The complainant, the respondent or the advisor(s), for purposes of clarification and verification, may direct questions to the witnesses.
    5. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the Review Panel. All such evidence will be presented 48 hours in advance of the hearing and shared with all principal parties.
    6. The Panel will consider the evidence and testimonies presented to it, recognize that the burden or onus of proof lies with the requesting party and consider that the original decision and the review recommendation are appropriately determined on the basis of a balance of probability (i.e. "more probable than not" or "more likely than not").
    7. Specifically, the Panel shall review the decision (whether or not an offense did occur) and the sanction (was it proportionate to the offense).
    8. At the conclusion of the hearing, the Review Panel shall recommend to the College President, by majority vote, whether the original disciplinary decision(s) and/or sanction(s) should be upheld, modified or overturned. It is not within the purview of the Panel to recommend or direct changes in policies, processes, practices or behaviours. In a document separate from its decisions, the Panel may choose to provide comments regarding changes or improvements to the College administration.
    9. The recommendation to the Review Panel shall be rendered within five College working days and communicated in writing to the Director of Student Services.
    10. The President will review the recommendation and communicate a final decision to the student, copying the Registrar, the Dean of the student's academic school and the complainant, in writing.
  2. The decision of the President is final and no further reconsideration is available.
  3. The Chair of the Panel shall be responsible for the preparation of a written record of the review hearing. The record should include the following:
    1. Procedures followed, including those opportunities available to the appellant,
    2. Panel's consideration of the evidence,
    3. Considerations of the credibility of witnesses,
    4. A description of the drawing of any inferences and the basis for them,
    5. The basis, drawn from the above, for the conclusion reached.
    6. Where a finding of misconduct is upheld, the panel will also explain the basis upon which the sanction was arrived at, including the consideration of aggravation and mitigating factors as well as, how the sanction is proportionate to the finding of misconduct.
  4. The written decision of the Panel, the record of the hearing and all evidence will constitute the review file that will be assembled by the Director of Student Services and filed with the Registrar.
  5. The file will be available to the respondent, complainant and Dean.
  6. The file and its contents shall be the property of the College.

For questions or concerns regarding policies, please contact the policy sponsor. See the phone list for contact info.

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