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The college must define standards of student behaviour and make provisions for student discipline with respect to conduct that jeopardizes the good order and proper functioning of the academic and non-academic programs of the college that endangers the health, safety, rights or property of its members or visitors.
The following offences constitute conduct that shall be deemed to be offences under the college’s policy when committed by a student of the college on the premises of the college or elsewhere in the course of activities sponsored by the college:
1. Offences
against persons
(a) No person shall assault another person sexually or threaten any other person with sexual assault.
(b) No person shall otherwise assault another person, threaten any other person with bodily harm, or knowingly cause any other person to fear bodily harm.
(c) No persona shall knowingly create a condition that unnecessarily endangers the health or safety of other persons.
(d) No person shall threaten any other person with damage to such person’s property, or knowingly cause any other person to fear damage to her or his property.
(e) No person shall engage in a course of vexatious conduct that is directed at one or more specific individuals, and
that is based on the race, ancestry, place or origin, colour, ethnic origin, citizenship, sex, sexual orientation, creed, age, marital status, family status, handicap, receipt of public assistance or record of offences of that individual or those individuals, and
that is known to be unwelcome, and
that exceeds the bounds of freedom of expression or academic freedom as these are understood in college policies and accepted practices.
(f) (i) No person shall, by engaging in the conduct described in subsection (ii) below, where on the premises of the college or away from the premises of the college, cause another person or persons to fear for their safety or the safety of another personal known to them while on the premises of the college or cause another person or persons to be impede in exercising the freedom to participate reasonably in the programs of the college, knowing that their conduct will cause such fear, or recklessly as to whether their conduct causes such fear.
(ii) The conduct mentioned in subsection (i) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly and persistently communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or repeatedly watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of the family, friends or colleagues of the other person.
2. Disruption
No person shall cause by action, threat or otherwise, a disturbance that the student knows obstructs any activity organized by the college or the right of another student or students to carry on their legitimate activities, to speak or to associate with others.
3. Offences
involving property
(a) No person shall knowingly take, destroy or damage premises of the college.
(b) No person shall knowingly take, destroy or damage any physical property that is not her or his own.
(c) No person shall knowingly take, destroy or damage information or intellectual property belonging to the college or to any of its students.
(d) No person, in any manner whatsoever, shall knowingly deface the inside or outside of any building of the college.
(e) No person, knowing the effects or property to have been appropriated without authorization, shall possess effects or property of the college.
(f) No person, knowing the effects or property to have been appropriated without authorization, shall possess any property that is not her or his own.
(g) No person shall knowingly create a condition that unnecessarily endangers or threatens destruction of the property of the college or any of its students.
4. Unauthorized
Entry or Presence
No person shall, contrary to the expressed instruction of a person or persons authorized to give such instruction, or with intent to damage or destroy the premises of the college or damage, destroy or steal any property on the premises of the college that is not her or his own, or without just cause knowingly enter or remain in or on any such premises.
5. Unauthorized use of University facilities, equipment or services
(a) No person shall knowingly use any facility, equipment or service of
the
(b) No person shall knowingly gain access to or use any University computing or internal or external communications facility to which legitimate authorization has not been granted. No person shall use any such facility for any commercial, disruptive or unauthorized purpose.
(c) No person shall knowingly mutilate, misplace, misfile, or render inoperable any stored information such as books, film, data files or programs from a library, computer or other information storage, processing or retrieval system.
6. False charges
No person shall knowingly or maliciously bring a false charge against any student of the college
7. Aiding in the Commission of an Offence
No person shall counsel, procure, conspire with or aid a person in the commission of an offence.
8. Refusal to comply with sanctions
No person found to have committed an offence shall refuse to comply with a sanction or sanctions imposed under the procedures of the college’s policies.
9. Unauthorized Possession or Use of Firearms or Ammunition
No person other than a peace officer or a member of the Canadian Forces acting in the course of duty shall possess or use any firearm or ammunition on the premises of the college without the permission of the officer of the college having authority to grant such permission.
C. Procedures
1. General
(a) Whether the incident is investigated locally or centrally, every effort shall be made to conclude the case through to delivery of a final decision within the College within one year from the alleged incident of misconduct.
(b) Pursuant to the provisions of Section D., interim conditions may be imposed by the principal of the College.
(c) For the purposes of confidential and central record keeping, a one-page summary of the outcome of all investigations shall be filed in the student record.
(d) Whenever possible and appropriate, informal resolution and mediation shall be used to resolve issues of individual behaviour before resort is made to formal disciplinary procedures.
2. Specific
The College principal shall investigate complaints made against any student. The principal will rule on whether the student or students have committed the offence alleged and may impose one or more sanctions as listed below. The accused student or students may be assisted and represented by another person.
D. Interim Conditions and Measures
1. Interim Conditions: Ongoing Personal Safety
In those cases where the allegations of behaviour are serious and, if proven, could constitute a significant personal safety threat to other students or students of the College, the principal may impose interim conditions that balance the need of complainants for safety with the requirement of fairness to the respondent student. The interim conditions are in no way to be construed as indicative of guilt, and shall remain in place until the charges are disposed of.
2. Interim Measures: Urgent Situations
In some circumstances, such as those involving serious threats or violent behaviour, it may be necessary to remove a student from the College. The principal may suspend a student or students temporarily for up to three working days if, in the opinion of the principal, there is reasonable apprehension that the safety of others is endangered, damage to College property is likely to occur, or the continued presence of the student(s) would be disruptive to the legitimate operations of the College. The student(s) shall be informed immediately in writing of the reasons for the suspension and shall be afforded the opportunity to respond.
E. Sanctions
The following sanctions or combinations of them may be imposed upon students found to have committed an offence.
In addition, students found to have committed an offence may be placed on conduct probation for a period not to exceed one year, with the provision that one or more of the following sanctions will be applied if the conduct probation is violated.
1. Formal written reprimand.
2. Order for restitution, rectification or the payment of damages.
3. A fine or bond for good behaviour not to exceed $500.
4. Denial of access to specified services, activities or facilities of the College for a period of up to one year.
The following two sanctions, which would directly affect a student's registration in a program, may be imposed only where it has been determined that the offence committed is of such a serious nature that the student's continued registration threatens the academic function of the College or the ability of other students to continue their programs of study. Where the sanction of suspension and/or expulsion has been imposed on a student, the principal shall have the power to record that sanction on the student's academic record and transcript for such length of time as he or she considers appropriate.
A sanction of suspension shall be recorded on the student's academic record and transcript for a period of five years. The following wording shall be used: "Suspended from the College for reasons of non-academic misconduct for a period of [length of suspension], [date]."
A sanction of expulsion shall be permanently recorded on a student's academic record and transcript. The following wording shall be used: "Expelled from the College for reasons of non-academic misconduct, [date]."
5. Suspension from registration in any course or program of the college for a period of up to one year.
6. Recommendation for expulsion from the College.
Memorandum on the Maintenance and Use of the Records of Non-Academic Discipline Proceedings
1. Keeping of Records
Records must be kept in all cases that have been the subject of an investigation and have resulted in the imposition of a sanction.
2. Composition of Record
The Record of Proceedings on Non-Academic Discipline cases shall comprise:
(a) the written report of the principal;
(b) documentary evidence;
(c) the decision of the principal and the reasons therefore.
3. Storage of Records
The Records of the Proceedings of Non-Academic Discipline Hearings shall be stored in the principal’s office.
4. Use of Records
Records of previous convictions may be taken into account in imposing a sanction.