Students and staff at Durham College are partners in the teaching/learning process and are jointly committed to academic excellence by:
The Student Rights and Responsibilities policy and procedures provides assistance to the College and its clients by ensuring that these values are honoured by all staff and students, and that each student benefits from every system of investigating and resolving possible violations of these rules and regulations.
The office of Student Rights and Responsibilities is responsible for the protection of the rights of everyone on campus.The director is responsible for all nonacademic behavioural issues on the campus and the enforcement of the Student Code of Conduct Policy. The position is an independent and impartial decision-maker who will strive to ensure the rights of students and staff on our campus. Students' rights will be vigorously protected and their responsibilities reinforced to increase student retention and produce graduates who reflect the values of the institution and the community at large. One of these values is respect for others and the reinforcement of this value will create a positive relationship between students, faculty, support staff, administration and the community.
The Board of Governors is the legal authority for the establishment of student responsibilities at Durham College. The President, as Chief Executive Officer, is the final authority in the interpretation of all policies, procedures, rights and responsibilities.
The effectiveness of the education process depends upon the provision of an appropriate environment and opportunities for learning. The responsibility to secure, protect, and respect such opportunities is shared by all members of the College community.
The student, as a member of the College community, has both rights and responsibilities. Within this community, the student's most essential right is the right to learn. The College has a duty to provide the student with privileges, opportunities, and protection which best promote the learning process in all its aspects. The student, for his or her part, has responsibilities to other members of the college community, the most important of which is to refrain from interference with the rights of others.
Enrolment as a student at Durham College requires from each student acceptance of, and conformity with, all rules and regulations essential to the efficient operation of any educational institution. The enumeration of the responsibilities, or violations of student conduct contained in this document shall not be construed to alter other duties and obligations inherent in civil law, other Durham College documents or the basic educational mission and philosophy of the College. In most important respects this document simply makes explicit those principles that have long been understood and practiced at the College.
The College shall normally take disciplinary action in cases concerning students' actions or offences occurring within or affecting people on property within the physical boundaries of Durham College, or on college owned or controlled property, or when the student is in field placement, clinical placement or in attendance at a college sponsored event or function. In all cases of such offences an incident report shall be completed and submitted to the office of Student Rights and Responsibilities.
In situations where a matter is under investigation or being dealt with by an external body (e.g. police, court, professional body, tribunal, etc.), the college reserves the right to conduct a parallel investigation and/or internal procedure.
Students at Durham College have and may exercise their general rights as citizens of Canada subject to the rules, regulations and discipline of the College and, without being exhaustive, have and may exercise the following rights at the College.
For successful completion of a program, students will receive information from the program office as to the specific interpretation of the following:
In addition, at the beginning of each semester/module, students will be informed in writing by the person(s) responsible for each of their subjects of the:
It is understood that adjustments may have to be made while a subject is being offered. Any adjustments will be communicated to the students affected as soon as is practically possible.Please refer to academic procedures within this handbook (subsection 12) for policies regardingadjustments to subject outlines.
Attendance has been closely linked to student success. Regular attendance is strongly encouraged.
It is the student's responsibility to attend all classes, labs, evaluations, field placement, clinical, etc. In the event that the student cannot fulfill this obligation, it is the student's responsibility to notify their faculty, as required. In addition, the faculty and/or placement agency may require explanation/documentation to substantiate an absence. The student is responsible for any missed materials and instruction as a result of the absence. In addition, it is the student's responsibility to complete all assignments and to be aware of announcements made. Students must come to class prepared to participate. Ensure that you arrive early, have all required texts, supplies, safety equipment and tools with you. Review notes, readings, and other requirements prior to class.
For attendance policies refer to the Academic Policy and/or the Program Guide.
A student has the right to be graded on academic performance, and to be protected by well defined procedures against prejudiced or capricious evaluation, including the right to appeal a grade.
A student has the right to elect and maintain a democratic student government, and to organize and administer the affairs of students subject to college policies and procedures.
A student has the right to inquire into, and to be honestly and fully informed about the reason for college policies and procedures, and to make representation for change in such policies and procedures.
Subject to law and Durham College regulations, a student has the right to solicit money on campus for the purposes approved by the College or Your Student Association.
A student has the right to be secure in his or her person and possessions against unreasonable search and seizure by college representatives.
A student has the right to be secure from harassment, including sexual harassment, as covered by the Harassment and Discrimination policy included in the Student Handbook. As well, the student is protected, as are all persons in Ontario, by the provisions of the Ontario Human Rights Code.
A student has the right to the privacy of one's records and the right to examine such records, including the right to challenge the accuracy or presence of an entry in their records, as delineated in the Freedom of Information and Protection of Privacy Act.
Except as may be required by college staff or ministry staff in the course of their duties, or college policy, or as required by the general laws, no information contained in any student file may be released without the prior written consent of the student concerned. Student information is protected as delineated in the Freedom of Information and Protection of Privacy Act.
A student has the right to identify oneself as a member of the College and a concurrent obligation not to speak or act on behalf of the College without proper authorization. In addition, a student must provide college identification when requested by an authorized employee or agent of the college.
A student has the right to have the enforcement of all disciplinary matters follow the procedures specified in this document.
The faculty or staff member is responsible to ensure that all incidents are documented. Such incidents may include cheating, absenteeism, disrespectful classroom activities, and anything else that the faculty member or staff deems to be contrary to the Code of Conduct for Students found in the Student Handbook.
Faculty or staff members encountering such behaviour are responsible to discuss the situation with the program coordinator or the program dean or designate. The faculty or staff member is responsible for completing documentation on an Academic Alert Form. A copy of this form will be discussed with and issued to the student. A copy of the form will be placed in the student's file in the school office, and a copy will be given to the program dean or designate.
In cases where the behaviour is not directly related to academic concerns (i.e. incidents relating to infractions of the Code of Conduct for Students), the faculty or staff member should refer the matter to the office of Student Rights and Responsibilities.
A student has the right not to be suspended or dismissed from the College except in accordance with the procedures specified in this document.
A student has the right to make, without fear of reprisal, a complaint or appeal and the right to make petition to the appropriate authority for changes in college policies and procedures.
All such appeals should be directed to the director of Student Services or designate, who will advise the student regarding the appropriate process to deal with the complaint.
A student has the right to appeal academic matters (as defined in Section 3.1) and grade matters which may affect academic promotion through the academic/grade appeal process which forms a part of this document. There will be instances in which it may not be clear if the matter appealed is an academic or a grade appeal. In those cases, the student will be directed by the director of Student Services to choose either appeal. The decision to choose academic appeal or grade appeal will be left up to the student. In no instance may the same matter be appealed under both processes.
A student has the right to appeal penalties imposed as a result of the student's conduct through the conduct appeals process which forms part of this document.
To maintain academic integrity, student work shall be the product of his or her own efforts. In an effort to ensure the highest standards, Durham College has purchased a license with Turnitin.com, an online plagiarism detection service. Such practices as cheating and plagiarism cannot compromise academic integrity as defined below:
Cheating
Cheating is defined as the misrepresentation by a student of his or her performance in a college subject for the purpose of obtaining marks or recognition to which he or she is not entitled.
Actions which are considered cheating on a test or exam or assignment include but are not limited to:
Plagiarism
Plagiarism includes, but is not limited to, failure to indicate the ideas, data, graphic element, or language of another without specific and proper acknowledgment.
Plagiarism is a form of stealing: "as with other offences against the law, ignorance is no excuse." (Northey, p.12).
What to document
The following is a specific list of materials which must be acknowledged:
Merely including a source in the list of references/works cited does not constitute acknowledgment of derived materials. Acknowledgments must be made at appropriate places in the submission/ presentation. (Norman, p.32).
Refer to individual subject outlines for your professor's specific documentation style.
Academic dishonesty is considered to be a very serious offence at Durham College. The integrity of the academic process and the reputation of our graduates can be threatened by acts of cheating and academic dishonesty; therefore, the penalties applied to students who cheat are accordingly severe.
The College penalties and processes for dealing with academic honesty matters are summarized in the following table:
| Offence | Penalty | Process |
| First |
Minimum - mark of ִ' in test, assignments Maximum - withdrawal from course |
Decision by faculty. |
| Second | Normally results in dismissal from the college for one academic year from the offence. | Decision by program dean. Review by VP Academic or principal Whitby campus. |
| Third | Normally results in dismissal from college with no possibility of re-admission for three years. | Decision by program dean and VP Academic or principal Whitby campus. Reviewed by president. |
The range of penalties applicable to the first offence is intended to reflect the diversity of possible offence and levels of involvement and responsibility in the cheating. Subsequent offences are seen as extremely grave; the penalties are therefore more severe.
In instances of cheating involving more than one person, relative responsibilities of each party will be considered.
References:
Norman, Colin. Writing Essays: a short guide. 2nd ed. Queen's University, Dept. of English. Kingston, 1987.
Northey, Margo. Making Sense: a student's guide to writing and style. Oxford University Press. Toronto, 1987.
Each student may appeal a decision that affects individual academic progress or standing. This includes interim grades, all tests and assignments, and final grades.
A student may also appeal decisions on program status based on failure to meet academic standards, or decisions imposed because of alleged abuses of college policies, plagiarism and other academic honesty matters. An appeal must be based on a possible error in, or misapplication of, course requirements, or improper application of college policies. The reason for an appeal must be clearly defined.
All appeals have two (2) stages: informal and formal.
The informal process is designed to encourage dialogue and resolution at the program level with the professor and the program dean or designate. The formal process is designed to provide opportunity for review by an impartial appeals committee of decisions made at the informal level. The intent is to provide a forum for conflict resolution.
There are three (3) steps to the appeal process.
In order to assure that all such matters are dealt with as promptly as possible, time deadlines are given. These are given as college days, that is the days in which the college offices and departments are open, and thus excludes statutory holidays and other days in which normal college operations are closed. Any day in which the college operations close down during the day before 4 p.m. (for weather or other unexpected conditions) will not count as a college day.
The counting of college days for the time lines in these matters starts with the notification of the event. One college day will have been completed at the closing of college offices at or about 4:30 p.m. on the day following an incident or receipt of material.
| Final grade: | The grade assigned at the completion of a course is a final grade. |
| Clinical or workplace evaluations: | Appeal of clinical and workplace evaluation will be considered as final grade appeal. |
| Formal appeal: | To begin a formal appeal, a student must show evidence that the informal process (review by the professor and program dean or designate) has been completed. A formal appeal may be made of any final mark, or a decision based on that final mark, affecting a student's progress through the program of studies. This includes appeals against a penalty or decision imposed because of alleged abuses of academic policies, plagiarism, and other academic honesty matters, as well as appeals against action taken by the college when a student has failed to meet academic or behavioural standards. |
Appeals related to penalties or decisions based on student misconduct are dealt with under the Code of Conduct for Students and Student Rights and Responsibilities
In this appeals policy, it is understood that whenever specific titled positions are referred to, a designate may act on the behalf of that person. Thus, any reference to a program dean also means program dean or designate. The same principle applies to director, Student Services; vice-president, Academic; or other college positions. In a similar manner, at the beginning of the appeal process a student may designate someone to speak on his or her behalf. Your Student Association president may designate another student to fill a role on the Appeals Committee.
At the discretion of the college, a student beginning a formal appeal will be allowed to continue to attend classes or a field/clinical placement until the appeal has been completed, provided that success in the appeal would qualify the student for such continuation
Where the subject being appealed is a prerequisite for a second subject, at the discretion of the college, the student may continue to attend classes in that second subject until the appeal has been completed. If following the appeal the grade still fails to meet prerequisite requirements, the student will be de-registered from that class and must stop attending the subsequent class or classes. If the appeal results in a grade change that meets prerequisite requirements, the student will be registered in the subsequent subject.
The college intends to ensure that the appeal process is handled with due diligence and in accordance with the principle of educational justice as outlined in the college mandate. The process is designed to be just and fair to all parties. It is the intention of the college that the procedure be non-threatening for all the parties involved.
The informal process is designed to encourage dialogue and resolution at the program level. The student must first discuss the issue or the appeal with the professor involved. Both parties at this time should identify and isolate the area of disagreement. If the issue cannot be resolved at this level, the student may appeal that matter to the program dean or designate, who will communicate any decision in writing to the student.
Introduction
The assumption is made that an interim grade is awarded through a thoughtful and responsible process. Grades should be based on stated subject objectives in a manner that is equitable and defensible. Occasions may arise, however, when this process is not fully achieved and documented, or is not perceived as such.
The responsibility for academic evaluation and the assignment of interim grades is that of theprofessor or faculty member who has been assigned responsibility for a subject.
Procedure
The student who disagrees with the evaluation of any interim grade has the responsibility of reviewing this grade with the professor or faculty member who assigned it. It is the responsibility of the student to seek clarification concerning interim grades with the professor at once, rather than waiting until the end of term.
If the student is unable to resolve the situation with the professor, the student may appeal the interim grade directly to the program dean or designate. Any such appeal must be made within eleven (11) college days from the date on which the interim grade was received by the student.
The program dean or designate will reach a decision and communicate this to the professor and the student within eight (8) college days of receiving the appeal.
In interim grade appeals, the decision of the program dean or designate may not be further appealed.
It is assumed that final grades, and program standards based on final grades, are awarded through a fair and thoughtful process. As such, the final grades and academic policies based on final grades are the structure on which program and college standards are built. Final grades should be based on stated subject objectives in a manner that is equitable and defensible. Occasions may arise, however, when this process is not perceived as such.
If the matter being appealed is one that reflects on a decision made by a professor, the student must review the final grade with the professor or faculty member involved. If the issue is not resolved to the student's satisfaction, the student may then refer the matter to the program dean or designate.
If the matter being appealed is based on policies and/or academic standards of the program, the student may review the matter with the program dean or designate.
Students have eleven (11) college days from the date the grades are distributed to identify concerns regarding their final grade or application of academic policies to the program dean or designate either orally or in writing.
The student must complete an informal review of that mark with the professor involved within eight (8) college days.
Exceptions to these dates may be made in unusual circumstances.
Note: Programs with clinical/field placement experience may distribute final grades for those subjects at an earlier date. In that case, students will have eleven (11) college days after the distribution date to identify their concerns to the program dean or designate. Please refer to the Program Guide for specific information.
Following the informal review with the professor, if the student is still not satisfied, the matter may be referred to the program dean or designate.
The program dean or designate will interview all parties to the complaint, and having considered all the documentation, will provide a written decision within eight (8) college days of having received the complaint. A copy will be given to the student and the Registrar, who will adjust any official records as necessary.
If the student is satisfied with the decision, a signed copy is returned to the office of the program dean or designate. If the student is not satisfied with the decision, the student may then begin a formal appeal. The written decision by the program dean or designate will outline the next steps in the appeal.
A student who is not satisfied with the decision made during the informal process may make a formal appeal of that decision. This must be done within eight (8) college days of the decision by the program dean or designate. The student must complete a Formal Appeal Application and pay a $25 fee. This fee is refundable if the appeal is upheld.
In a Formal Appeal, a student may appeal such matters as (for example) final grades, program decisions based on grades, removal from subjects or the program based on academic matters, as well as discipline based on college policies concerning academic honesty. The appeal must clearly define the basis for the appeal.
A separate appeal must be completed for each final subject grade being appealed.
Included with the appeal form will be:
The director of Student Services or designate will as soon as possible forward the appeal form to the office of the vice-president, Academic, where it will be forwarded to the chair of the Academic Appeals Committee. The chair or designate will establish a committee and set a hearing within eleven (11) college days from the receipt of the appeal by the chair.
The director of Student Services will also notify the program dean or designate of the pending appeal. The program dean or designate will notify the faculty member involved.
The Formal Appeal process is intended to provide the student with a fair opportunity for a hearing to challenge the decision of the college before an impartial Academic Appeals Committee.
The Academic Appeals Committee will be composed of:
In selecting the appeals committee, the chair will make all attempts to avoid conflict or appearances of conflict with the appealing student. Any concerns of the appellant regarding the committee composition must be addressed prior to the start of the hearing. However, the composition of the committee is not open to appeal.
Documentation
Both the student and the professor or program dean or designate involved in the issue at dispute may submit documentation supporting their position up to seven (7) college days before the hearing to the Office of the Vice-President, Academic. Documentation will be copied and distributed to members of the Appeal Committee and the student may pickup his or her package by 2 p.m. (or it will be sent by courier to the address listed on the appeal application) four (4) college days prior to the hearing. The original set of all documents for each appeal will be kept in the Office of the Vice-President, Academic. Normally, no additional documentation may be introduced at the hearing without the permission of the other party.
Examples of documentation to be used would be: copies of tests, assignments, exams, marking rubrics, doctor's notes, chronology of events, a summary of student concerns, attendance documentation, subject outlines, program requirements and other pertinent material. All such documents submitted must adhere to legal requirements under privacy legislation. In matters of grade appeals, final tests and final examination papers may not be circulated prior to the hearing but will be available for review during the hearing.
At the appeal hearing, the student and the college are entitled to be represented by a spokesperson. This may include legal counsel, if so desired. In such a case, the spokesperson may be available for advice, or make the presentation on behalf of the person. Only one (1) person may speak on behalf of the appellant, although a spokesperson fulfilling that role may call on the student for testimony. The spokesperson must be declared to the chair at the beginning of the appeal and may not be changed during the appeal except under unusual circumstances. Each party will bear his or her own legal costs.
The hearing
Normally, the hearing will be held within eleven (11) college days of receipt of the appeal by the appeals chair or designate. Any change in this requires consent of both parties and will not be requested frivolously nor withheld arbitrarily.
In the absence of the faculty member involved, the program dean or designate will present the college position.
In the absence of the student, the hearing will be postponed. The chair of the Appeals Committee will evaluate the reasons for the absence. The Appeals Committee may then reschedule the hearing or cancel the appeal.
The chair of the Appeals Committee will convene a meeting of the Appeals Committee usually one half hour before the scheduled start of the hearing. At this time, the chair will review the process to be followed in the hearing.
The chair of the Appeals Committee will conduct the hearing in a manner that will allow for a fair presentation of all arguments in the issue at dispute. The aim of the Appeals Committee will be to make a fair and just decision.
Normally, the student involved will have an opportunity to define the reason for the appeal and to explain the significance of all documentation submitted to the Appeals Committee.
The faculty member, or college representative, will have a similar opportunity to explain the reasons for the grade or decision involved and the significance of the supporting documents
The appeals committee will normally allot up to two (2) hours for presentation of material. If additional time is required, the request for that time must be made at the beginning of the hearing. The Appeals Committee may at its discretion impose limitations on or allow additional time for presentation of material. Hearings will normally be completed in one session; if additional time is required, the hearing will reconvene at a time and choosing of the chair in consultation with all parties and members of the Appeals Committee. The Appeals Committee reserves the right to impose time limitations on all presentation of arguments
Witnesses may be introduced by either party. Such witnesses will attend the hearing only for the testimony presented. The party introducing the witness should be prepared to provide key questions focusing on the issue being appealed.
The chair will provide an opportunity for each party to request clarification of issues by directing such questions through the chair.
The Academic Appeals Committee may adjust normal procedures and practices to fit the particular circumstances.
The Academic Appeals committee will hear the parties, review the documentation and make a decision within ten (10) college days of the completion of the hearing, and provide in writing the reasons for the decision. This decision will initially be given to the vice-president, Academic and secondly to the dean/director or designate involved who will verbally inform the faculty member(s) involved. The written decision will then be provided to the student, the college, the program dean or designate and faculty member(s) involved in the appeal. In the matter of a grade appeal, the Registrar will be informed to allow for the adjustment of official records as deemed necessary.
The Appeals Committee may order changes in grades, reverse or uphold academic decisions, require retesting or the opportunity to complete work or assignments, and alter or add to imposed penalties as the situation warrants
The decision of the Academic Appeals Committee is binding on all parties. No further appeal is permitted.
A fundamental goal of our education process is to promote self-discipline. There are occasions where self-discipline. breaks down. The following policies are presented to aid in the handling of those occasions in a just manner and in the best interests of all concerned. These procedures are intended to cover situations which are not directly related to academic performance in any academic program.
Note: Conduct which violates the human rights policy is covered in a separate college policy.
Any conduct by a student that violates the key values of the College and/or has an adverse effect on the functioning of the College, its members or its reputation, is subject to disciplinary action. Conduct that constitutes a breach of the criminal code or other statute, or that would give use to a civil claim or action, should ordinarily be dealt with by the appropriate civil or criminal court. In cases, however, in which civil or criminal proceedings would not adequately protect the College's interests and responsibilities, proceedings may be brought forward in parallel to the civil or criminal proceedings.
Examples of such conduct include, but are not limited to, the following:
In the event that the alleged conduct violates the values of Durham College or its policies or procedures,a written complaint (Incident Report form) must be prepared which will outline the details of the conduct complained of within fourteen (14) college days of the incident. This written complaint is to be presented to the director of Student Rights and Responsibilities.
The director of Student Rights and Responsibilities or designate, will forward the incident report to the dean or designate of the program in which the student is registered. The director of Student Rights and Responsibilities, or designate, will review the details of the complaint and decide whether or not informal resolution via mediation is appropriate. As a part of this review, the director will interview the complainant and the student(s) whose conduct is being questioned, as well as, any witnesses to the incident. The director of Student Rights and Responsibilities will exercise discretion when interviewing all parties regarding who will be present for the interviews.
Interim restriction to college facilities
The program dean or designate or college officials as appropriate may impose an interim restriction denying a student access to specified college facilities or activities, or issue any other interim decision as the program dean or designate may determine to be appropriate, pending an investigation and disposition of a complaint of misconduct. Interim restriction may be imposed if, in the opinion of the program dean or designate:
Within two (2) college days of the imposition of the interim restriction, the student shall be advised, in writing, of the reasons for the restriction. The student shall be afforded the opportunity to respond to the allegations being made against him or her. The program dean or designate will reassess the interim restriction and either revoke or continue it pending formal disposition of the matter.
Disruption of instructional activities
In cases involving the disruption of instructional activities, including examinations, the appropriate instructor or proctor, as a matter of classroom discipline, may exclude a student and/or students for the remainder of the particular class or examination. Any disruption that results in the removal of a student shall be reported to the program dean or designate who may, if he or she deems it appropriate, impose an interim prohibition on the student pending a full review of the matter (see "Interim Prohibition" above).
In all cases where the student is being interviewed or questioned prior to a ruling being made, the student may choose to be accompanied by an advisor.
The director of Student Rights and Responsibilities will make a decision and determine a penalty, if one is to be imposed, within fourteen (14) college days of receiving the complaint. In order to maintain consistency, the director of Student Rights and Responsibilities may consult with the director of Student Services regarding previous decisions for similar misconduct. If the decision is one of exoneration, or one in which a minor penalty, as covered in Section 4.4, is to be imposed, the director of Student Rights and Responsibilities shall inform the student, in writing, of the decision, and forward a copy of the decision to the vice-president, Academic or the principal of Whitby Campus and to the director of Student Services.
If the director of Student Rights and Responsibilities decides that the penalty to be imposed is a major penalty as covered in Section 4.4, the director of Student Rights and Responsibilities shall advise the student that the matter is being referred to the vice-president, Academic or the principal of Whitby Campus. If the matter is referred to a vice-president or the principal, Whitby Campus he or she may make any further investigation as he or she deems appropriate. The vice-president or principal, Whitby Campus shall within seven (7) college days of receiving the matter, render a decision, in writing, and impose any penalty he or she deems appropriate. A copy of the decision shall be forwarded to the student, the director of Student Rights and Responsibilities, and the director of Student Services.
The penalty to be imposed in any particular case will depend on the nature of the offence and the student's previous conduct record. The following are examples of penalties that may be imposed by the College. The list of penalties is not exhaustive and can be imposed separately or in conjunction with one another. Depending on the nature of the offence and the student's previous conduct record, penalties range from a warning to dismissal.
A student shall pay any such fines or restitution levied by a college authority prior to completion of the academic year.
All appeals must be prepared in writing within ten (10) college days of the student receiving the written decision from the program dean or designate, director of Student Rights and Responsibilities, or vice-president, Academic or principal of Whitby campus. The appeal should be presented to the director of Student Services or designate who will assist the student in preparing the appeal if requested.
If the student appeals a minor penalty, the matter shall be referred to the principal or vice-president whose decision shall be final. Pending the determination of such an appeal, the program dean or designate may extend or impose any interim restriction or issue any other interim decision that he or she determines appropriate.
If the student appeals a major penalty, the director of Student Services or designate will direct the appeal to the Conduct Appeals Committee. Pending the determination of such an appeal, the vice-president, Academic or principal of Whitby campus or designate may extend or impose an interim restriction or issue any other interim decision that he or she determines appropriate.
The Conduct Appeals Committee shall be composed of:
The student will request from, complete, and deliver to the director of Student Services or designate, the Conduct Appeal form and a copy of the decision upon which the appeal is being based, within ten (10) college days of the date of the decision. Included with the Conduct Appeal form will be:
The director of Student Services or designate, will forward the appeal as soon as possible, to the chair, Conduct Appeals Committee or designate, who will establish a date for and convene a hearing, within fifteen (15) college days of receipt of the Conduct Appeal and notify all parties concerned. The director of Student Services will advise the program dean or designate of the pending appeal. The program dean or designate will inform the faculty member, if any, involved in the particular incident which led to the decision under appeal, of the pending appeal.
The student will provide copies of all the documentation* on which the student intends to rely on or use in the appeal to the chair, Conduct Appeals Committee or designate, at least seven (7) college days prior to the hearing date.
*Examples of documentation to be used would be: copies of tests, assignments, doctor's notes,chronology of events, or a summary of the student's concerns, etc.
The College, including the program dean or designate and faculty member(s), shall file any documents*that are intended to be relied on or used in the hearing, with the chair, Conduct Appeals Committee or designate, at least seven (7) college days prior to the appeal, copies of which the chair, Conduct Appeals Committee or designate, shall deliver to the student at least four (4) college days prior to the appeal hearing date.
At the appeal hearing, the appealing student and the College, including the program dean or designate and the faculty member(s), if any, involved in the particular incident which led to the decision under appeal, are each entitled to be represented by one spokesperson of his or her choice, including legal counsel if so desired. Each party will bear his or her legal costs.
The Conduct Appeals Committee shall determine its own procedures and practices in any appeal and may make such rules and orders as it deems necessary, including, where appropriate, the imposition of time limits on the presentation of evidence. The Conduct Appeals Committee will conduct the hearing in accordance with the principles of procedural fairness in order to ensure a fair and expeditious proceeding.
The chair of the Conduct Appeals Committee or designate may, where appropriate, extend any time limit specified herein.
The Conduct of Appeals Committee will hear the parties, review the documents and make a decision within fifteen (15) college days of the hearing and shall provide in writing, the reasons for the decision.
The chair, Conduct Appeals Committee or designate will inform the student, the College including the vice-president, Academic or principal of Whitby campus, director of Student Services, program dean or designate and the faculty member(s), if any, involved in the particular incident which led to the decision under appeal, of the decision of the Conduct Appeals Committee.
The decision of the Conduct Appeals Committee shall be binding on all parties and no further appeal is permitted.
Students who are entitled to return to college following suspension or dismissal must meet with the dean or designate prior to reinstatement or registration. Before arranging to lift the academic hold, the dean or designate may require that the student sign a conduct contract.