THE LAMBTON COLLEGE OF APPLIED ARTS AND TECHNOLOGY Issued Date:

November 30, 2016

Supersedes Date:

April 14, 2016

Policy #:

2000-5-1

Student Rights and Responsibilities and Discipline* Preamble 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.

1. Policy 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. 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.

1.1 Student Rights All students at Lambton College enjoy certain rights generally as a citizen and particularly as a student. a. 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. b. 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. c. Students have the right to an environment in which they can study, play and interact with freedom from: Abuse of authority - Students should be free from abuse as a result of the improper use of authority e.g. intimidation, threats, coercion. 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. Harassment - Students should be free from harassment, intimidation, threats, and physical, emotional or psychological abuse from any member of the College community. Ridicule and Humiliation - Students should be free from ridicule or other forms of humiliation by any member of the College community. 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. d. 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. e. Students have a right to receive instruction free from unreasonable disruptions and intrusions unless they are beyond the control of the College. f. Students have a right to be impartially graded and to appeal any evaluation or decision that affects their grades. g. 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. h. Students have a right to have College rules and regulations, and in particular this Code, respected by all students. Students have a right to expect acceptable behaviour from all other members of the College. i. 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. j. 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 appeal; timely resolution of issues. 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.

1.2 Student Responsibilities 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. a. 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). b. 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. c. 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. d. 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. e. Students have a responsibility to assist in all reasonable ways to maintain good order and an environment that is conducive to the learning process. f. Students have a responsibility to deal honestly in all business, academic and personal activities with all members of the College community. g. 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. h. 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. i. Students have a responsibility to respect College property.

1.3 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.

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

1.3.2 Misconduct 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. 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. The following list of inappropriate behaviours is not exhaustive or delimiting. The Code of Conduct is breached by any student who: a. assaults any member of the College community during any College activity; b. 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; c. 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.); d. causes physical injury, attempts to cause physical injury or threatens to cause physical injury to any member of the College community; e. makes false statements, whether written or spoken, that are damaging to the reputation of another member of the College community; f. commits an act of academic dishonesty; g. 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.); h. intentionally or recklessly damages College property or the property of any member of the College community; i. 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; j. 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; k. 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;

l. 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; m. creates a disturbance anywhere on College property, whether by sounds or actions, or otherwise interferes with the peaceful use of College property by others; n. creates a false alarm on College property, by any means whatsoever; o. possesses anything designed to be used or intended to be used as a weapon on College property or during any College activity; p. is intoxicated by alcohol 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; q. 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; r. violates other College policies, procedures and regulations; s. 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.

1.3.3 Sanctions The sanction(s) will reflect the severity of the misconduct and any previously levied sanctions, and may vary accordingly. More than one of the sanctions listed below may be imposed for any single violation. The following sanctions may be imposed upon a student found to have behaved in an unacceptable manner: a. Admonition and Warning - a notice to the student that the student is violating or has violated an institutional regulation or the Code of Conduct. b. Probation - a written reprimand for violation of specified regulations or the Code of 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. c. Loss of Privileges - denial of specified privileges for a designated period of time. d. Restitution - compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacements. e. Work assignments, service to the College, or other relevant assignments. f. 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. g. Fines h. 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 conducted the discipline hearing to the Academic Vice-President for approval. Grades, fees, the transcript, etc. will be treated the same as described below under Academic Sanctions for a third-office suspension. i. 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 Academic Vice-President 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. Disciplinary decisions and sanctions shall be made part of the student's official record for College administrative purposes.

1.3.3.1 Suspension of a Student by the Vice-President, Academic In certain circumstances, the Vice-President, Academic, 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.

Such a suspension will be imposed: a. To ensure the safety and well-being of members of the College community or preservation of College property; or b. To ensure the student's own physical or emotional safety and well-being; or c. If the student presents a definite threat of disruption or interference with the normal operations of the College. 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. Written trespass warning notices shall be communicated immediately by the Registrar to the Vice-President, Administration, the Director of Facilities and affected employees and students.

1.3.4 Academic Dishonesty 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. 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: plagiarism, defined as representing the work of another as one's own, submitting as one's own, work completed by another person, cheating by obtaining answers to test and examination questions through unauthorized materials, or information from another student, allowing another person to take an evaluation in one's place, impersonating a candidate at an evaluation, stealing or having unauthorized foreknowledge of an evaluation, falsifying or inventing any information required in an academic work, modifying, without authorization, an examination or test paper, record or report for the purpose of obtaining additional credit, failing to follow or comply with the test-taking procedures (see Policy 2000-1-6), aiding or abetting another person to commit an act of academic dishonesty. Students who commit acts of academic dishonesty will be subject to disciplinary action.

1.3.5 Academic Sanctions Academic disciplinary sanctions will be progressive and reflect the severity of the offence, and take the form of an academic sanction. The penalty for a first offence during a student's history at the College is a mark of zero on the evaluation involved. The student may still be required to fulfill the evaluation requirement. A note will be placed in the student's file reporting the offence. In the case of plagiarism, the offence will be considered an act of academic dishonesty and treated in the manner and with the penalties described in this policy. However, if the Dean determines the plagiarism to be unintentional (i.e. there was no intention by the student to deceive or misrepresent the work as his own) or minor in nature (e.g. the student puts quotation marks around a passage but fails to cite the author), the Dean may replace the usual penalty with a reprimand and a requirement to repeat or resubmit the work. The faculty member will provide instruction on correct practice in order to avoid a recurrence. Every instance of plagiarism will be recorded as a cheating offence in the student's file regardless of the penalty imposed. A subsequent plagiarism or any other act of academic dishonesty, will be treated as an additional offence, with the corresponding penalty (i.e. a plagiarism offence, whether found to be intentional or unintentional (as described in the above paragraph), is an academic dishonesty offence and will, in all cases, be counted as an offence in the determination of the number of offences and the corresponding penalty. A second offence of any form, in any course, will result in a grade of F in the course in which the offence takes place. This grade takes precedence over and supersedes any other grade or status in the course (See Registration Policy item #13). A second note will be

placed in the student's file. A third offence will result in the suspension of the student from the College for a minimum of either nine months or until the beginning of the corresponding semester in the next academic year (i.e whichever period is greater). This penalty will result in F grades in all courses in which the student is registered. These F grades will take precedence over and supersede any other grade or status in any of the courses (See Registration Policy item #13). No fees will be refunded for the semester. 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, after the exhaustion of the appeal option. The student will be required to apply to the College for readmission through the normal application procedures. A fourth offence during a student's history at the College will result in expulsion from the College. This expulsion will be recorded on the student's transcript. This penalty will result in F grades in all courses in which the student is registered. These F grades will take precedence over and supersede any other grade or status in any of the courses (See Registration Policy item #13). No fees will be refunded for the semester. 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 program or course for a period of not less than five years. The expulsion sanction must be recommended to the Academic Vice-President for recommendation to the President for final approval, after the exhaustion of the appeal option. The student will be required to apply to the College for readmission through the normal application procedures. Readmission to the College will be at the sole discretion of the College and considered on a case-by-case basis. The above sanctions reflect the minimum sanction to be imposed for each offence. Where the severity of the offence warrants it, the more severe sanctions may be imposed. A course grade of F imposed as an academic sanction takes priority over 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.

2. Discipline Procedures 2.1 Student Misconduct 2.1.1 Responsibilities All College managers have the authority and responsibility to keep necessary order and to respond to acts of student misconduct in their area or when they are a witness to such events. The official authority for carrying out formal College disciplinary hearings rests with the Registrar or the Dean or Associate Dean or Director 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 or Director will be responsible for the disciplinary hearings. Otherwise, the Registrar will be responsible. If an Associate Dean is in charge of the student's program, then the Associate Dean will take the place of the Dean or Director in the disciplinary process. For first or minor cases of misconduct occurring in or about the student residences, or having to do with parking 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 parking or the manager responsible for the information systems and technology, respectively. Professors are expected to take whatever immediate action is needed to ensure the continuing order of their classes and safety of their students.

2.1.2 Charges and Hearing Procedures 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. A description of any incident or behaviour giving rise to a charge of misconduct, shall be submitted or transmitted to the Registrar or appropriate Program Dean. Incidents or misconduct shall be reported as soon as possible after they have taken place. 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 and minimum time requirements may be waived by the student. A written copy of all complaints and charges of misconduct shall be given on request to the student or students involved where the sanction may involve substantial fines, suspension of more than three days or expulsion. The student will be informed of the manner in which the defense case may be presented by the student as well as possible outcomes if findings support a finding of misconduct. The Program Dean or Director, or Registrar, or a delegate, will review the incident(s) leading to a charge 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. The manager conducting the hearing will notify the student in writing of the decision and any sanction to be imposed. In all cases, the written notification to the student will also be filed with the Registrar. Such notice will include reference to the right to appeal. A copy of the notice will be forwarded by the Registrar to the complainant (the person who complained of the student's behaviour).

2.2 Academic Dishonesty 2.2.1 Responsibilities All College employees have the responsibility to prevent academic dishonesty and respond to acts of academic dishonesty including the reporting of it. The authority for carrying out formal College disciplinary hearings and actions rests with the Dean of the program in which the student is enrolled. If a Chair or Associate Dean is in charge of the program, then the Chair or Associate Dean will take the place of the Dean in the disciplinary process. 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.

2.2.2 Charges and Hearing Procedures 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 upon discovery. In the case of cheating on a test or an exam, the professor or staff will confiscate the exam or test immediately along with any incriminating evidence while minimizing the disruption to other students present. The professor or staff will inform the Dean of the student's program, in writing, of the incident within two working days of the discovery of the dishonesty and provide details of the situation and circumstances. The Dean will call a meeting or meetings of the professor or College staff and the student to review the allegations and the circumstances surrounding the incident to be held within five working days following receipt of the written report. At the request of the student, the time line may be extended by an additional five working days. After the meeting, the Dean will notify the student of any disciplinary sanctions to be imposed. The Dean will inform the Registrar, in writing, if academic dishonesty is determined and the sanction to be imposed. The Registrar will inform the student, in writing, of the sanction and the letter will be placed in the student's file.

2.3 Discipline Appeals If the respondent (the student who has been disciplined) or complainant (the person who complained of the student's behaviour) disagrees with the disciplinary decision or sanction arising from misconduct or academic dishonesty, a request for an appeal hearing before the Discipline Appeal Panel can be made. An appeal by the respondent will not be heard in those cases in which a minor sanction has been imposed. A request for an appeal must be filed with the Director of Student Success within five College working days of the issuance of the discipline decision. A student who files an appeal request that is accepted by the Director of Student Success 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 appeal proceeds, except in the case of the student suspended, or expelled, by order of the Vice-President Academic, or President, (see 1.3.3.1 Suspension of a Student by the Vice-President, Academic) in which case the suspension or expulsion remains in effect during the appeal. If, ultimately, the appeal is lost, 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 appeal. The request for an appeal shall be in writing, addressed to the Director of Student Success and include the following: a. a statement as to what precisely is being appealed; b. the reason(s) for the appeal; c. a deposit of twenty-five dollars, which is refundable in the event of a successful appeal, as determined by the Director of Student Success. The Director of Student Success will form a Discipline Appeal Panel to hear the appeal and will schedule the hearing no fewer than two and no more than seven College working days after receipt of the request for an appeal.

2.3.1 Discipline Appeal Panel The Discipline Appeal Panel will consist of the following, none of whom should have any prior involvement with the case: a. One Dean or Chair or Associate Dean, b. A non-academic administrator, c. Two faculty members in a case of academic dishonesty, or some combination of two drawn from faculty or staff for student misconduct cases, d. Two students, preferably at the senior level, appointed by the Student Administrative Council. The Chair of the Panel shall be determined by the members of the Panel. The composition of the Discipline Appeal Panel may be altered at the discretion of the Director of Student Success in exceptional circumstances to ensure a fair and impartial Panel. In the event of an appeal of a decision in which the Director of Student Success 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.

2.3.2 Discipline Appeal Hearings Hearings shall be conducted by the Discipline Appeal Panel according to the following guidelines: a. Hearings shall be conducted in camera. b. Admission of any person other than Panel members and witnesses to the hearing shall be at the discretion of the Discipline Appeal Panel Chair. c. In hearings involving more than one respondent, the Chair of the Discipline Appeal Panel at his/her discretion may permit the hearings concerning each student to be conducted separately. d. 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 Discipline Appeal Panel. e. The complainant, the respondent and the Discipline Appeal Panel have the privilege of presenting witnesses who may be subject to questions from the Panel. At the discretion of the Chair, the complainant, the respondent or the advisor(s), for purposes of clarification and verification, may direct questions to the witnesses. f. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the Discipline Appeal Panel at the discretion of the Chair. All such evidence will be presented 48 hours in advance of the hearing and shared with all principal parties. g. The Panel will consider the evidence and testimonies presented to it, recognize that the burden or onus of proof lies with the appealing party and consider that the original decision and the appeal decision are appropriately determined on the basis of a balance of probability (i.e. "more probable than not" or "more likely than not"). h. At the conclusion of the hearing, the Discipline Appeal Panel shall determine 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. i. In the event of a tie vote of the entire panel, the Chair shall determine the outcome. j. The decision of the Discipline Appeal Panel shall be rendered within five College working days and communicated in writing to the Director of Student Success who will inform the student, the Registrar, the Dean of the student's school and the complainant, in writing. The decision of the Panel is final and no further appeal is available. The Chair of the Panel shall be responsible for the preparation of a written record of the appeal hearing. The record should include the following: Procedures followed, including those opportunities available to the appellant, Panel's consideration of the evidence, Considerations of the credibility of witnesses, A description of the drawing of any inferences and the basis for them, The basis, drawn from the above, for the conclusion reached. The record shall be the property of the College. The written decision of the Panel, the record of the hearing and all evidence will constitute the appeal file that will be assembled by the Director of Student Success and filed with the Registrar.

The file will be available to the appellant, complainant and Dean. The file and its contents shall be the property of the College. *This policy has borrowed materials and concepts from the corresponding Fanshawe College Policy.