Scope
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 not otherwise defined in this procedure are as defined in the Policy.
Procedural Guiding Principles
The Policy and procedure are implemented with a purpose of maintaining an environment of equity, diversity, inclusion, mutual respect, civility, honesty, and accountability at JIBC. Allegations of Student Misconduct that are not resolved voluntarily 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 9-1-1. Where there are reasonable grounds to believe there is a risk of harm, injury, intimidation or serious disruption as a result of the presence of a student, the student should be asked to leave JIBC property immediately pending and during an investigation.
Institute-Initiated Investigation
The Institute may become aware of situations where an Institute-initiated investigation may be warranted, including, but not limited to circumstances where:
- allegations are made about a Student, Employee, or Faculty member by an individual who is not, or is no longer, a JIBC Student;
- one or more individuals disclose experiences of Discrimination and/or Harassment involving one or more individuals within a group/organizational environment;
- the power differential in the alleged incident indicates the potential for a pattern of repeated Discrimination and/or Harassment; and/or
- there is a need to investigate in order to comply with the reporting requirements of regulator bodies and/or professional licensing bodies.
Any Institute-initiated investigations will follow the same process, outlined below, as a Report of Student Misconduct received by JIBC.
Resolution Process
Process Options
Anyone who experiences, witnesses or is affected by Student Misconduct may pursue any of the following options (or pursue more than one option simultaneously):
- seeking support and accommodation options;
- dispute resolution (direct or facilitated);
- making a formal Complaint to the Institute;
- making a criminal report; and/or
- external options, such as when the Student also has procedural avenues outlined by an employer or licensing body.
Prior to pursuing one of the options below, Students should read the section on Confidentiality. It is important to be aware that, depending on the circumstances of the incident disclosed, JIBC may be obliged to:
- conduct an investigation into violent risk;
- initiate an Institute-led investigation of the incident regardless of whether or not the individual making the disclosure chooses to participate in the process; and/or
- notify local police services of the allegation and name of the individual who is the subject of the allegation and/or contact other relevant agencies to fulfill legal obligations.
Seeking Support and Academic Accommodation Options
Support and accommodation are available to any member of the JIBC Community who has experienced, witnessed or was affected by Student Misconduct, including the Respondent.
If the Complainant does not wish to make a Complaint, the individual is still able to access a wide range of support and accommodation services such as counselling, medical attention, and/or academic accommodation, where required and reasonably possible.
The Institute will provide academic and non-academic supports or accommodation where required and reasonably possible. The Institute may require additional information to provide accommodation and/or support requests.
In general, support and accommodation will be coordinated by the Senior Manager of Student Success and Inclusion.
Interim Measures involving support and accommodation may be implemented. Interim Measures are not a Disciplinary or Corrective Measure and do not represent a finding of guilt.
Informal Resolution
JIBC encourages, where appropriate, the informal resolution of Student Misconduct concerns. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behaviour. Before considering if Informal Resolution is a viable option the Complainant and the Respondent must both agree to:
- attempt to reach a resolution in good faith;
- the methods to be used to seek resolution; and
- the terms of what would constitute resolution.
A meeting between the Complainant and the Respondent will not be a requirement for an Informal Resolution.
An Informal Resolution may include fact-finding discussions, clarification of the issues, facilitated conversations, mediation, coaching, voluntary no contact agreements, reconciliation, restoration processes, and/or workplace restoration processes.
Informal Resolution Process
- 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.
- Where informal resolution is pursued, the Instructor and/or Manager will meet with the Student who may have engaged in Student Misconduct (the “Respondent”) and review the circumstances of the alleged Student Misconduct. The Respondent will be informed of the allegation and provided with an opportunity to respond. The Instructor and/or Manager will consider the Respondent’s response and determine whether Student Misconduct likely occurred.
- If the Instructor and/or Manager determines that Student Misconduct likely occurred, the Instructor and/or Manager may either:
- provide the Respondent 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 Respondent to the consequences of any further breach of the Policy; or
- refer the matter to the formal resolution process.
- Documentation related to an informal resolution will not be kept in the Official Student Record.
- If the informal resolution process is not initiated or fails to resolve the alleged Student Misconduct, the formal resolution process will be initiated.
Formal Resolution
Report of Student Misconduct
- 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 the appropriate Decision-Maker(s). The Report should be in writing. In cases of urgency, it may be made verbally and set out in writing at a later date.
- The Decision-Maker(s) will consider the Report and decide on one of the following:
- 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;
- 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;
- that the matter is more appropriately addressed under another JIBC policy, such as: Policy 3213 Sexual Violence and Misconduct – Students, Policy 3203 Discrimination and Harassment – Students, or Policy 3207 Student Academic Integrity, in which case the Report will be referred to the appropriate person under that policy; or
- The seriousness of the offence warrants an investigation.
Decision to Not Investigate
- In some circumstances, a decision may be made to not investigate. The decision will be communicated in writing, with reasons, to the Complainant by the Decision-Maker(s).
Investigation
- If the Decision-Maker(s) decides that the alleged Student Misconduct will be investigated, they will deliver a copy of the Report to the Respondent and ask that the Respondent provide a written response within a specified timeline. This timeline may be extended at the discretion of the Decision-Maker(s), based on a reasonable request from the Respondent. As JIBC is committed to transparency, accountability, and confidence in the investigation process, the Decision-Maker(s) will strive to provide regular updates to the parties involved in a Complaint and promptly notify them of any case-related delays.
- The Decision-Maker(s) will appoint an impartial and appropriately qualified investigator (the “Investigator”), and provide the Investigator with a copy of the Report and the Respondent’s written response, and the terms of reference for the investigation. The Investigator should be a person who has had no prior dealings with the Respondent.
- The Investigator will carry out an investigation in a procedurally fair manner, using a process determined by the Investigator. The investigation may include, but is not limited to, interviewing the Respondent and providing the Respondent with an opportunity to respond to the allegations in the Complaint, interviewing any other individual the Investigator determines necessary, and reviewing any documents or other evidence the Investigator considers relevant. The Respondent may bring a support person or an advocate to the interview.
- It is the Respondent’s responsibility to provide the Investigator with any information or documentation that the Respondent is aware of and believes may be relevant to the investigation or should be considered by the Investigator.
- When the investigation is complete, the Investigator will provide the Decision-Maker(s) with a written report of the Investigator’s findings of fact (the “Findings”).
- The Decision-Maker(s) will meet with the Respondent, review the Findings, and provide the Respondent with the opportunity to make representations on whether the Policy has been violated, and whether Disciplinary or Corrective Measure(s) should be imposed.
- After considering the Findings, the Decision-Maker(s) will determine whether the Respondent has violated the Policy. If the Decision-Maker(s) determine that the Policy has not been violated, the Decision-Maker(s) will notify the Respondent in writing and no Disciplinary or Corrective Measure will be imposed. If the Decision-Maker(s) determine that the Respondent has violated the Policy, they will determine the appropriate Disciplinary or Corrective Measure(s) to be imposed or recommended. Where appropriate, the Decision-Maker(s) will consult with a Respondent’s Dean before imposing or recommending any discipline on the Respondent.
- The Decision-Maker(s) will inform the Respondent of the outcome of the proceedings and any Disciplinary or Corrective Measures as outlined below.
Disciplinary or Corrective Measures
- 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 the Decision-Maker(s). All Disciplinary or Corrective Measures will become part of the Official Student Record:
- Warning or reprimand – A written warning or reprimand to the Student.
- 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.
- 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.
- Restitution: Compensation by way of materials replacement, or services rendered to cover the losses or damages.
- 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.
- 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 in most cases will 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.
- 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.
- 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, referral to services, etc.).
- JIBC also recognizes the importance of including alternative measures rooted in collaborative resolution, restorative practice, and transformative justice. These alternative options are important because they prioritize healing, understanding, and transformation over punitive measures. By focusing on collaborative resolutions, restorative practices, and transformative justice, JIBC aims to create a campus environment that fosters safety, empathy, and growth for all community members. By offering restorative and transformative processes, JIBC provides an opportunity for Complainants and Respondents to be heard, engage in open dialogue, and work towards repairing the harm caused. These alternatives are intended to empower survivors, promote accountability, and encourage meaningful change to prevent future incidents of Student Misconduct. The Complainant has the right to request such methods at any stage of the investigation or adjudication process. The Decision-Maker(s) will explain the various options, and seek agreement from the Respondent, at which time the Complainant can submit a formalized request to proceed with the alternative Disciplinary or Corrective Measure. The Decision-Maker(s) will evaluate and approve suitable requests and, if approved, the alternative resolution will be facilitated by an appropriate facilitator trained in restorative and transformative justice principles, as determined by the Decision-Maker(s). In the event an Alternative Measure is unsuccessful, the Decision-Maker(s) will impose a different disciplinary or corrective measure.
- In determining the appropriate Disciplinary or Corrective Measure(s), the Decision-Maker(s) will take into consideration whether the Student has any previous Disciplinary or Corrective Measures on their record, the nature and seriousness of the Policy violation, the context in which the Student Misconduct occurred, whether the Student has previously engaged in Student Misconduct, and any other relevant or exacerbating factors identified in the Investigation.
Notification of Outcome
Respondents
- The Respondent(s) will receive a written decision (the “Decision”) from the relevant Decision-Maker(s) that will include:
- The Decision with respect to a finding or no finding of violation of the Policy;
- Reasons for the Decision; and
- A summary outlining the findings.
- If the outcome is no finding of violation of the Policy, the matter will be closed.
- If the outcome is a finding of violation of the Policy, the Respondent will be informed of the process by which Disciplinary and/or Corrective Measures will be recommended or ordered.
- Where relevant, confirmation of any Interim Measures that will remain in place until Disciplinary and/or Corrective Measures are imposed.
Complainants
- Within the constraints of confidentiality for the Respondent and applicable privacy laws, the Decision-Maker(s) will inform the Complainant of the findings and reasons that are directly related to their Complaint.
- In all cases, the Decision-Maker(s) will provide information about any Disciplinary and/or Corrective Measures that have direct relevance to the Complainant.
Regulatory/Professional Licensing Bodies
- Where required by a regulatory/professional licensing body and in accordance with applicable privacy laws, the Decision-Maker(s) will communicate relevant findings to the professional licensing body.
Other Affected Parties
- The Decision-Maker(s) will inform other affected parties about the findings and/or any Disciplinary and/or Corrective Measures that have a direct impact on them, within the constraints of confidentiality for all parties and in accordance with applicable privacy laws.
Decision to Suspend or Expel
- Only the President has the power to suspend or expel a Student.
- If the Decision-Maker(s) recommends suspension or expulsion, the Decision and the Decision-Maker(s)’s recommendation will be provided to the President for review and final determination.
- The President will review the Decision and the Decision-Maker(s)’s recommendation, and may either:
- suspend or expel the Respondent, as recommended by the Decision-Maker(s) or as otherwise determined appropriate by the President; or
- return the matter to the Decision-Maker(s) for reconsideration, with recommendations or directions.
- The President will notify the Respondent 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”).
Appeals
Appeal Process (Excluding Suspension or Expulsion)
- 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 VPA on one or more of the following grounds (the “Grounds For Appeal”):
- a breach of procedural fairness in the investigation or Decision-making process;
- the Disciplinary or Corrective Measure(s) imposed were unreasonable; and/or
- 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).
- 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’s Office by email, mail, fax, or in person within ten (10) business days of notification of the Decision. Failure to do so within that timeframe may result in the Student forfeiting any right to Appeal.
- The Student’s Notice of Appeal must include all of the following:
- a copy of the Decision;
- a statement from the Student identifying one or more of the Grounds For Appeal upon which the Appeal is based;
- detailed submissions explaining the basis for the Appeal including identifying and attaching any relevant supporting evidence;
- the resolution sought;
- any other information or supporting documentation that the Student believes is relevant to the Appeal; and
- contact information for the Student.
- Should the Student require accommodation for a disability in the Appeal process, the Student must notify the Registrar’s Office 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.
- During the Appeal process, all Disciplinary or Corrective Measure(s) will remain in effect.
- 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.
- 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.
- 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.
- If the VPA determines that further submissions and/or an oral hearing is necessary, the VPA will notify the Student, the individual 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.
- The VPA will complete the Appeal process in a timely manner, after notifying the Parties of the process that will be followed.
- 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 Decision-Maker(s).
- The Appeal Decision may:
- uphold the Decision;
- reverse the Decision and cancel any Disciplinary or Corrective Measure(s) imposed on the Student;
- return the matter to the Decision-Maker(s) for reconsideration, with recommendations or directions; or
- vary any Disciplinary or Corrective Measure(s) imposed on the Student.
- The Appeal Decision is final.
Appeal Process (Suspension or Expulsion)
- 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.
Related Policies and Procedures
- 3203 Discrimination and Harassment – Students Policy
- 3205 Student Code of Conduct Policy
- 3207 Student Academic Integrity Policy
- 3213 Sexual Violence and Misconduct – Students Policy