This procedure forms part of JIBC’s Student Code of Conduct Policy (the “Policy”) and should be followed and applied in relation to allegations of Student Misconduct under the Policy. Terms are as defined in the Policy.
Procedural Guiding Principles
The Policy and procedure are implemented with a purpose of maintaining an environment of honesty, mutual respect, civility and good citizenship at JIBC. Allegations of Student Misconduct that are not resolved informally will be investigated in a procedurally fair manner. Where Student Misconduct is found to have occurred, JIBC will apply Disciplinary or Corrective Measure(s) as appropriate, up to and including suspension and/or expulsion from the Institute. A student who is found to have breached the Policy has a right to appeal.
This procedure does not replace the need for all JIBC employees to take all measures necessary to ensure the safety of students, employees and visitors. Any conduct by any individual including a student that gives rise to risk or safety concerns should be directed to security personnel or 911. Where there is a real or perceived risk of injury or harm to any person or property as a result of the presence of a student, the student should be asked to leave JIBC property immediately pending and during an investigation.
1. JIBC encourages, where appropriate, the informal resolution of Student Misconduct issues. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behaviour.
2. When an Instructor or JIBC employee determines or believes, either through personal observation or through a third party report, that a Student has engaged in Student Misconduct, the Instructor and/or Manager responsible for the course or program will review the details of the allegation and determine whether it is appropriate to seek informal resolution.
3. Where informal resolution is pursued, the Instructor and/or Manager will meet with the Student and review the circumstances of the alleged Student Misconduct. The Student will be informed of the allegation and provided with an opportunity to respond. The Instructor and/or Manager will consider the Student’s response and determine whether Student Misconduct has occurred.
4. If the Instructor and/or Manager determines that Student Misconduct has occurred, the Instructor and/or Manager may either:
a. provide the Student with an opportunity to correct their behaviour without Disciplinary or Corrective Measures being imposed, if the Instructor and/or Manager considers it appropriate to do so, in which case the Instructor and/or Manager will alert the Student to the consequences of any further breach of the Policy; or
b. refer the matter to the Formal Resolution process.
5. A record of any informal resolution will be kept in the Official Student Record.
6. Where the informal resolution process is not engaged, or the alleged Student Misconduct issue is not resolved through the informal resolution process, the Formal Resolution process will be followed for addressing the alleged Student Misconduct.
Report of Student Misconduct
1. To begin the Formal Resolution Process the Instructor and/or Manager who became aware of the alleged Student Misconduct shall initiate a Report of Student Misconduct (the “Report”) and forward it to their Director/Program Director. The Report should be in writing. In cases of urgency it may be made verbally and set out in writing at a later date.
2. The Director/Program Director will consider the Report and decide on one of the following:
a. that the allegations are not serious enough to be considered under the Formal Resolution process, or do not constitute Student Misconduct, in which case no further action will be taken in relation to the Report;
b. that informal resolution should be attempted under the Informal Resolution process, in which case the matter will be referred back to the Instructor and/or Manager who made the Report;
c. that the matter is more appropriately addressed under another JIBC policy, in which case the Report will be referred to the appropriate person under that policy; or
d. to recommend an investigation into the alleged Student Misconduct, in which case the Director/Program Director will notify the Instructor and/or Manager of this decision, and will forward the Report to the Dean responsible for the program area with a recommendation that an investigation be carried out.
3. Where an investigation is recommended, the Dean will review the Report and the recommendation of the Director/Program Director, and may either initiate an investigation or decide on one of the alternative courses of action described above.
4. If the Dean decides that the alleged Student Misconduct will be investigated, the Dean will deliver a copy of the Report to the Student and ask that the Student provide the Dean with a written response within a specified timeline. This timeline may be extended at the Dean’s discretion, based on a reasonable request from the Student.
5. The Dean will appoint an investigator (the “Investigator”), and provide the Investigator with a copy of the Report and the Student’s written response, and with terms of reference for the investigation. The Investigator may be an employee of JIBC or an external investigator. Where reasonably possible, the Investigator should be a person who has had no prior dealings with the Student.
6. The Investigator will carry out an investigation that will include interviewing the Student and providing the Student with an opportunity to respond to the allegations in the Report. The investigator may also interview any other individual the Investigator determines necessary, and may review any documents or other evidence the Investigator considers relevant.
7. It is the Student’s responsibility to provide the Investigator with any information or documentation that the Student is aware of and believes may be relevant to the investigation or should be considered by the Investigator.
8. When the investigation is complete, the Investigator will provide the Dean with a written report of the Investigator’s findings of fact (the “Findings”).
9. The Dean will meet with the Student, review the Findings, and provide the Student with the opportunity to make representations on whether the Policy has been violated, and whether Disciplinary or Corrective Measure(s) should be imposed.
10. After considering the Findings and the Student’s representations, the Dean will determine whether the Student has violated the Policy. If the Dean determines that the Student has not violated the Policy, the Dean will notify the Student in writing and no Disciplinary or Corrective Measure will be imposed. If the Dean determines that the Student has violated the Policy, the Dean will consider and determine the appropriate Disciplinary or Corrective Measure(s) to be imposed or recommended.
Disciplinary or Corrective Measures
11. A student who is found to have engaged in Student Misconduct may be subject to one or more of the following Disciplinary or Corrective Measures, as determined by JIBC. All Disciplinary or Corrective Measures will become part of the Official Student Record:
a. Warning or reprimand – A written warning or reprimand to the Student.
b. Student Conduct Contract – A formal written contract, signed by the Student to confirm agreement to its terms, specifying conditions and standards of conduct the Student is required to abide by. Failure to meet the requirements of this contract may lead to further Disciplinary or Corrective Measures.
c. Restriction or prohibition of access or use – A prohibition from accessing or using, or conditions imposed on a Student's right to access or use, for a specified period of time, any part or all of the Institute’s lands, equipment, facilities, services, activities, programs, meetings, or events, or those held by, on, or in association with the Institute.
d. Probation – A Student placed on probation will receive a letter making clear the finding of misconduct and stipulating the period of time during which the student is on probation.
e. Suspension – A Student who is issued a suspension will be suspended from all academic and extracurricular activities at JIBC, and may also be restricted from access to JIBC facilities, for a specified period of time, which will normally be at least one year. The Student must reapply for admission at the end of the period of suspension, and JIBC may stipulate additional requirements for readmission.
f. Expulsion – A Student who is expelled will be removed from all JIBC programs in which the Student is registered, as well as any other activities at the Institute, and restrictions may be placed on the Student’s ability to register in a JIBC course or program in the future.
g. Discretionary Measure – Any other disciplinary or corrective measure that JIBC determines is warranted under the circumstances (e.g., letter of apology, service to the Institute, measures to promote understanding or awareness, etc.).
12. Before determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Dean will confer with the Registrar to determine if the Student has any previous Disciplinary or Corrective Measures on the Student’s record. In determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Dean may take into consideration the nature and seriousness of the Student Misconduct, the context in which the Student Misconduct occurred, whether the Student has previously engaged in Student Misconduct, and any other factors the Dean considers relevant.
13. If the Dean decides to impose or recommend Disciplinary or Corrective Measure(s), the Dean will advise the Student of the Dean’s decision in writing (the “Decision”), after the Dean’s meeting with the Student to review the Findings. The Decision will set out the allegation of misconduct, the key Findings upon which the Decision was reached, an explanation of the conclusion on how the Policy was violated, any aggravating or mitigating circumstances, and the Disciplinary or Corrective Measure(s) imposed and/or recommended.
Decision to Suspend or Expel
14. Only the President has the power to suspend or expel a student.
15. If the Dean recommends suspension or expulsion, the Decision and the Dean’s recommendation will be provided to the President for review and final determination.
16. The President will review the Decision and the Dean’s recommendation, and may either:
a. suspend or expel the Student, as recommended by the Dean or as otherwise determined appropriate by the President; or
b. return the matter to the Dean for reconsideration, with recommendations or directions.
17. The President will notify the Student in writing of the President’s decision (the “President’s Decision”). A copy of the President’s Decision will be provided to the JIBC Board of Governors (the “Board”).
Appeal Process (Excluding Suspension or Expulsion)
1. Where a Decision is issued containing a finding that a Student has engaged in Student Misconduct, but where any Disciplinary or Corrective Measure(s) imposed on the Student do not include suspension or expulsion, the Student may appeal the Decision to the Vice President Academic (“VPA”) on one or more of the following grounds (the “Grounds For Appeal”):
a. a breach of procedural fairness in the investigation or Decision-making process;
b. the Disciplinary or Corrective Measure(s) imposed were unreasonable; and/or
c. new material evidence that was not reasonably available at the time the Decision was made has become available, and casts substantial doubt on the reasonableness of the Decision and/or the Disciplinary or Corrective Measure(s).
2. To commence an appeal (the “Appeal”), the Student must deliver a Notice of Appeal that includes all of the information indicated below, to the Registrar by email, mail, fax, or in person within ten (10) business days of notification of the Decision. Failure to do so within that timeframe will result in the Student forfeiting any right to Appeal.
3. The Student’s Notice of Appeal must include all of the following:
a. a copy of the Decision;
b. a statement from the Student identifying one or more of the Grounds For Appeal upon which the Appeal is based;
c. detailed submissions explaining the basis for the Appeal including identifying and attaching any relevant supporting evidence;
d. the resolution sought;
e. any other information or supporting documentation that the Student believes is relevant to the Appeal;
f. contact information for the Student; and
g. a $25 processing fee, which will be refunded to the Student if the Appeal is granted.
4. Should the Student require accommodation for a disability in the Appeal process, the Student must notify the Registrar at the same time as filing the Notice of Appeal and provide medical documentation setting out the Student’s medical restrictions or limitations that are relevant to the Appeal process.
5. During the Appeal process, all Disciplinary or Corrective Measure(s) will remain in effect.
6. The Registrar will determine if the Notice of Appeal contains the required elements. Where the Notice of Appeal is incomplete, it will be returned to the Student with identified gaps. Where the Student submitted an incomplete Notice of Appeal within the required deadline for filing a Notice of Appeal, the Registrar may, at the Registrar’s discretion, allow the Student additional time to revise and resubmit the Notice of Appeal.
7. Where the Registrar receives a completed Notice of Appeal within the required timeframe, the Registrar will provide the Notice of Appeal to the VPA for decision.
8. The VPA will review the Notice of Appeal and determine if the Appeal can be decided based on the information in the Notice of Appeal alone, or if further submissions and/or an oral hearing is necessary to decide the Appeal.
9. If the VPA determines that further submissions and/ or an oral hearing is necessary, the VPA will notify the Student, the Dean responsible for the Decision, and any other person whom the VPA decides would be appropriate to have involved in the Appeal (collectively the “Parties”), of the procedure that will be followed in considering and determining the Appeal.
10. The VPA will complete the Appeal process in a timely manner, after notifying the Parties of the process that will be followed.
11. At the conclusion of the Appeal process, the VPA will deliver a written decision on the Appeal (the “Appeal Decision”) to the Student and the Dean.
12. The Appeal Decision may:
a. uphold the Decision;
b. reverse the Decision and cancel any Disciplinary or Corrective Measure(s) imposed on the Student;
c. return the matter to the Dean for reconsideration, with recommendations or directions; or
d. vary any Disciplinary or Corrective Measure(s) imposed on the Student.
13. The Appeal Decision is final.
Appeal Process (Suspension or Expulsion)
1. Where Disciplinary or Corrective Measure(s) imposed on a Student include suspension or expulsion, the Student may appeal the President’s Decision to the Board. To do so, students should refer to the Student Appeal Procedure in the JIBC Board of Governors Handbook.