Policies

Fee Refund Policy as Prescribed under s. 25 to 33 of O.Reg. 415/06

Full refunds

25. (1) A private career college shall refund all of the fees paid by a student under a contract for the provision of a vocational program in the following circumstances:

The contract is rescinded by a person within two days of receiving a copy of the contract in accordance with section 36 of the Act.
The private career college discontinues the vocational program before the student completes the program, subject to subsection (2).
The private career college charges or collects the fees,
1. before the registration was issued for the college under the Act or before the vocational program was approved by the Superintendent, or
2. before entering into a contract for the provision of the vocational program with the student, unless the fee is collected under subsection 44 (3).
The private career college expels the student from the college in a manner or for reasons that are contrary to the college’s expulsion policy.
The private career college employs an instructor who is not qualified to teach all or part of the program under section 41.
The contract is rendered void under subsection 18 (2) or under section 22.
If a private career college fails to, or does not accurately, provide in the itemized list provided to the Superintendent under section 43 a fee item corresponding to a fee paid by a student for the provision of a vocational program, the college shall pay the student,
1. in the case of an item not provided by the college, the full amount of the fee for the item, and
2. in the case of a fee in excess of the amount of the fee provided for the item, the difference between the amount of the fee for the item provided to the Superintendent and the fee collected.

(2) A full refund is not payable in the circumstances described in paragraph 2 of subsection (1) if the discontinuance of the vocational program coincides with the private career college ceasing to operate.

(3) A refund is not payable under paragraphs 1 to 6 of subsection (1) unless the student gives the private career college a written demand for the refund.

(4) A refund under subsection (1) is payable by the private career college within 30 days of the day the student delivers to the college,

in the case of a rescission under section 36 of the Act, notice of the rescission; or
in the case of a refund under paragraphs 2 to 6 of subsection (1), a written demand for the refund.

Partial refund where student does not commence program

26. (1) If a student is admitted to a vocational program, pays fees to the private career college in respect of the program and subsequently does not commence the program, the college shall refund part of the fees paid by the student in the following circumstances:

The student gives the college notice that he or she is withdrawing from the program before the day the vocational program commences.
In the case of a student who is admitted to a vocational program on the condition that the student meets specified admission requirements before the day the program commences, the student fails to meet the requirements before that day.
The student does not attend the program during the first 14 days that follow the day the program commenced and the college gives written notice to the student that it is cancelling the contract no later than 45 days after the day the program has commenced.

(2) The amount of a refund under subsection (1) shall be an amount that is equal to the full amount paid by the student for the vocational program, less an amount equal to the lesser of 20 per cent of the full amount of the fee and $500.

(3) A refund under subsection (1) is payable,

in the case of a refund under paragraph 1 of subsection (1), within 30 days of the day the student gives notice of withdrawing from the program;
in the case of a refund under paragraph 2 of subsection (1), within 30 days of the day the vocational program commences; and
in the case of a refund under paragraph 3 of subsection (1), within 45 days of the day the vocational program commences.

(4) For the purposes of paragraph 3 of subsection (1), it is a condition of a contract for the provision of a vocational program that the private career college may cancel the contract within 45 days of the day the vocational program commences if the person who entered the contract with the college fails to attend the program during the 14 days that follow the day the vocational program commences.

(5) A private career college that wishes to cancel a contract in accordance with subsection (4) shall give written notice of the cancellation to the other party to the contract within 45 days of the day the vocational program commences.

Partial refunds: withdrawals and expulsions after program commenced

27. (1) A private career college shall give a student who commences a vocational program a refund of part of the fees paid in respect of the program if, at a time during the program determined under subsection (3),

the student withdraws from the program after the program has commenced; or
the student is expelled from the program in circumstances where the expulsion is permitted under the private career college’s expulsion policy.

(2) This section does not apply to vocational programs described in sections 28 and 29.

(3) A private career college shall pay a partial refund under this section only if the withdrawal or expulsion from the vocational program occurs at a time during the program determined in accordance with the following rules:

In the case of a vocational program that is less than 12 months in duration, the withdrawal or expulsion occurs during the first half of the program.
In the case of a vocational program that is 12 months or more in duration,
1. for the first 12 months in the duration of the program and for every subsequent full 12 months in the program, the withdrawal or expulsion occurs during the first six months of that 12-month period, and
2. for any period in the duration of the vocational program remaining after the last 12-month period referred to in subparagraph i has elapsed, the withdrawal or expulsion occurs in the first half of the period.

(4) If the student withdraws or is expelled from a vocational program within the first half of a period referred to in subsection (3), the amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,

an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and
the portion of the fees in respect of the portion of the period that had elapsed at the time of the withdrawal or expulsion.

(5) If the student withdraws or is expelled from a vocational program during the second half of a period referred to in subsection (3), the private career college is not required to pay the student any refund in respect of that period.

(6) A private career college shall refund the full amount of fees paid in respect of a period that had not yet commenced at the time of the withdrawal or expulsion.

Partial refunds: distance education programs

28. (1) This section applies to a vocational program that is offered by mail, on the internet or by other similar means.

(2) A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if,

the student withdraws from the program or the student is expelled from the program in circumstances where the expulsion is permitted under the private career college’s expulsion policy; and
at the time of the withdrawal or expulsion, the student has not submitted to the private career college all examinations that are required in order to complete the program.

(3) The amount of the refund that a private career college shall give a student under subsection (1) shall be determined in accordance with the following rules:

Determine the total number of segments in the vocational program for which an evaluation is required.
Of the total number of program segments determined under paragraph 1, determine the number of segments in respect of which an evaluation has been returned to the student.
The amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,
1. an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500, and
2. the portion of the fees in respect of the number of segments determined under paragraph 2.

(4) A private career college is not required to give a student any refund if the student, at the time of withdrawal or expulsion, has been evaluated in respect of more than half of the total number of segments in the program.

Partial refunds: non-continuous programs

29. (1) This section applies to a vocational program approved by the Superintendent to be provided through a fixed number of hours of instruction over an indeterminate period of time.

(2) A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if, before completing the required number of hours of instruction,

the student has given the college notice that he or she is withdrawing from the program; or
the student is expelled from the program in circumstances where the expulsion is permitted under the private career college’s expulsion policy.

(3) The amount of the refund that a private career college shall give a student under subsection (1) shall be equal to the full amount of the fees paid in respect of the program less,

an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and
a portion of the fees in respect of the program that is proportional to the number of hours of instruction that have elapsed at the time of the withdrawal or expulsion.

(4) A private career college is not required to give a student any refund if the student, at the time of withdrawal or expulsion, has completed more than half of the required number of hours of instruction in a program.

No retention of refund

30. A private career college shall not retain, by way of deduction or set-off, any refund of fees payable to a student under sections 25 to 29 in order to recover an amount owed by the student in respect of any service or program other than a vocational program offered by the private career college.

Treatment of books and equipment

31. In calculating a refund under sections 25 to 29, a private career college may retain the retail cost of books or equipment that the private career college supplied to the student if the student,

fails to return the books or equipment to the private career college within 10 days of the student’s withdrawal or expulsion from the program, or
returns the books or equipment to the private career college within the 10-day period referred to clause (a), but fails to return it unopened or in the same state it was in when supplied.

Refund for international students

32. A notice to a private career college that is provided by or on behalf of an international student or of a prospective international student and that states that the student has not been issued a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) is deemed to be,

notice of a rescission of the contract for the purposes of section 36 of the Act if the notice is given within two days of receiving a copy of the contract; and
notice that the student is withdrawing from the program for the purposes of paragraph 1 of subsection 26 (1) or clause 29 (2) (a) if the notice is received on or before half of the duration of the program has elapsed.

Currency

33. Any refund of fees that a private career college is required to pay under the Act shall be paid in Canadian dollars.

Sexual Harassment Policy

Purpose

Portside ART Institute is committed to providing its students with a working and educational environment free from Sexual Violence which includes Sexual Assault and Sexual Harassment. Portside ART Institute is further committed to treating its students who disclose and report incidents of Sexual Violence with dignity and respect. Portside ART Institute has adopted this Prevention of Sexual Violence Policy (the “Policy”) to reaffirm Portside ART Institute’s commitment to a safe and healthy campus and to set out Portside ART Institute’s response to incidents of Sexual Violence.

Audience

This Policy applies to all Members of the Portside ART Institute Community. All Members of the Portside ART Institute Community will be offered appropriate support with respect to issues of Sexual Violence, regardless of their role at Portside ART Institute or the role of the Respondent.

This Policy may apply to Incidents of Sexual Violence in which both the Complainant and Respondent are Members of the Portside ART Institute Community, regardless of whether the event occurred on campus, off campus including both physical and online environments (including social media), provided there is a nexus between the Incident of Sexual Violence and Portside ART Institute.

The resolution options described in the procedures are in addition to, and not in substitution for, other internal or external options or other legal rights. Nothing in this Policy is intended to discourage, prevent or preclude an individual from filing a Report and/or Complaint under any other Portside ART Institute policy and/or contacting police services, initiating legal action or exercising any other legal rights.

Definitions

Capitalized terms used in this Policy are defined below:

Approving Institute Official(s): Academic Council, Board of Governors, Board of Directors

Responsible Office: Registrars Office

Complainant means a person who has been affected by Sexual Violence. For the purposes of this Policy, the term Complainant is used throughout, irrespective of whether the person who has been affected by Sexual Violence chooses to disclose or report the incident or pursue a Complaint under any Portside ART Institute policy.

Consent refers to the voluntary and explicit agreement of an individual to engage in a sexual act. Consent is positive, active and ongoing, and can be revoked at any time. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. Consenting to one kind of sexual act does not mean that Consent is given for another sexual act or kind of activity. Consent is NOT obtained where a person is incapable of Consenting – for example by intoxication, or where a person is induced to engage in the activity by someone abusing a position of trust, power or authority. It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also, the initiator’s responsibility to know if the person they are engaging with sexually is a minor.

It is not a defense to an allegation of Sexual Violence that the Respondent believed that the Complainant Consented to the activity that forms the subject-matter of the complaint, where (a) the Respondent’s belief arose from the Respondent’s (i) self-induced intoxication; or (ii) recklessness or willful blindness; or (b) the Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain that the Complainant was Consenting.

For greater clarity, Consent:

cannot be assumed or implied;
cannot be assumed to be given for all future sexual activity just because it was given in the past to a sexual/dating relationship;
cannot be given by silence or the absence of “no”;
cannot be given by an individual who is impaired by alcohol or drugs, or is unconscious or is otherwise unable to communicate;
cannot be given by a person that has a mental disability preventing them from fully understanding the sexual acts;
cannot be given by an individual who is asleep;
cannot be obtained through threats or coercion (i.e. the individual is not agreeing voluntarily);
can be revoked at any time by words or by conduct;
cannot be given to an individual who has abused a position of trust, power or authority;
might not be given properly if an individual has a condition that limits the individual’s verbal or physical means of interaction – in such instances, it is extremely important to determine how Consent will be established; and
cannot be given to a person in a position of trust, power or authority such as a faculty member initiating a relationship with a student who they teach, or an administrator in a relationship with anyone who reports to that position cannot be given on behalf of another person

Disclosure refers to the sharing of information by an individual with a member of the Portside ART Institute Community regarding an Incident of Sexual Violence that has affected that individual. Portside ART Institute offers confidential support, services and accommodations to those who have experienced Sexual Violence, regardless of whether the incident occurred on campus or off campus, and regardless of whether the incident involves other Members of the Portside ART Institute Community.

Incident of Sexual Violence includes any instance of Sexual Violence, including Sexual Assault, Sexual Harassment and all associated definitions provided herein.

Investigation refers to the action of investigating an allegation(s) under this Policy. Portside ART Institute will conduct an Investigation that is appropriate in the circumstances. An Investigation will include an impartial investigator, the collection of relevant information and procedural fairness to all parties to the matter, including the Complainant and the Respondent.

Member(s) of the Portside ART Institute Community includes students, faculty, post-doctoral fellows, the Board of Governors and all employees of Portside ART Institute.

Report [Complaint] refers to the sharing of information by an individual with a designated Portside ART Institute official regarding an Incident of Sexual Violence experienced by, or witnessed by, that individual, with the intention of initiating one of the processes set out in the Reporting section of this Policy and with the possible outcome of formal sanctions against the Respondent resulting from that process.

Respondent is an individual against whom a formal Complaint alleging engagement in Sexual Violence is filed. The individual must be a Member of the Portside ART Institute Community and must have been a Member of the Portside ART Institute Community at the time of the incidents alleged in the Report.

Sexual Violence refers to any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s Consent, and includes Sexual Assault, Sexual Harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

Sexual Harassment is defined as, but is not limited to, engaging in a course of vexatious comment or conduct against an individual because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the individual and the person making the solicitation or advance knows or ought reasonably to know that the solicitation or advance is unwelcome.

Sexual Harassment also includes a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. For the purpose of this Policy, Sexual Harassment includes Sexual Harassment that occurs in the workplace.

Sexual Assault refers to any form of sexual contact without a person’s Consent, including the threat of sexual contact without Consent. A Sexual Assault can range from unwanted sexual touching to forced sexual intercourse; and a Sexual Assault can involve situations where sexual activity is obtained by someone abusing a position of trust, power or authority.

Student refers to any person taking one or more courses at Portside ART Institute, either full-time or part-time, in any program of study, including special students. For clarity, a student is a person who is: registered in a Portside ART Institute course of study and/or engaged in any academic work that leads to the assigning of a mark, grade or statement of performance by the appropriate authority within PARTI and/or entitled to a valid Student ID card who is between sessions. An individual’s status as a student is not affected by whether the person receives courses remotely or in-person.

*The President may direct that definitions be amended from time to time to ensure consistency with public policy and community expectations and standards.

Policy Statement

Portside ART Institute recognizes that Sexual Violence is a fundamental affront to an individual’s rights, dignity and integrity. Portside ART Institute also recognizes that Sexual Violence undermines the health, well-being, and security of individuals, communities, and society.

Portside ART Institute will endeavor to ensure that Members of the Portside ART Institute Community who are affected by Sexual Violence will be supported, treated with compassion, and provided with reasonable accommodation.

Portside ART Institute shall not charge a fee for the provision of supports, services or accommodation to Students who are affected by Sexual Violence, or for referring a Student to any such supports or services that are available off-campus.

Portside ART Institute recognizes that Sexual Violence can occur between individuals regardless of age, sex, sexual orientation, gender identity or gender expression, marital status or family status.

Portside ART Institute recognizes the intersection of Sexual Violence with discrimination and harassment.

Portside ART Institute recognizes that Sexual Violence is overwhelmingly committed against women, and in particular women who experience the intersection of multiple identities such as, but not limited to, Indigenous women, women with disabilities, and racialized women. Additionally, Portside ART Institute recognizes that those whose gender identity or gender expression does not conform to certain gender binaries are also at increased risk of Sexual Violence. Portside ART Institute recognizes that individuals from certain marginalized communities may be especially vulnerable to Sexual Harassment, Sexual Assault and Sexual Violence.

Portside ART Institute will maintain annual anonymized statistics on disclosed and reported Incidents of Sexual Violence in accordance with legislative requirements. Portside ART Institute will report these statistics annually to the Board of Governors. External reporting of such statistics, if any, will be done in accordance with legislative requirements.

Portside ART Institute will provide or make available to Members of the Portside ART Institute Community education and awareness training on this Policy and on the prevention of Sexual Violence. The education and awareness training will be tailored to the audience.

Portside ART Institute is committed to the provision of a fair process for all parties and one that respects due process and procedural fairness. Portside ART Institute commits to providing a process under this Policy that avoids perceived conflicts of interest or reasonable apprehension of bias, preserves privacy to the extent practical and minimizes risk of reprisal. Portside ART Institute is committed to reducing barriers to Disclosure and Reporting of Incidents of Sexual Violence. In that regard, Complainants will not be asked to repeat their allegations or description of events more than is necessary for the implementation of this Policy.

Portside ART Institute will not tolerate any retaliation, including through social media, against anyone who discloses, complains about or reports an Incident of Sexual Violence, or who participates in a process that is addressing allegations of Sexual Violence against a Member of the Portside ART Institute Community.

Portside ART Institute will endeavor to respond to Disclosures and/or reports of Sexual Violence fairly and expeditiously.

Confidentiality And Privacy

All Disclosures and Reports of Sexual Violence to Portside ART Institute will be treated in a confidential manner to the extent practical.

All Members of the Portside ART Institute Community who receive a Disclosure of Sexual Violence or who are involved in addressing or investigating such Disclosure must keep the matter confidential in order to safeguard individuals against unsubstantiated allegations, to protect Complainants from retaliation or reprisal, to protect the rights of those involved in the allegations, to prevent an unjustified invasion of the privacy of those involved in the allegations, and to preserve the integrity of the Investigation.

Portside ART Institute will make every reasonable effort to maintain confidentiality when it becomes aware of an Incident of Sexual Violence and will limit disclosure of confidential information to those within the Portside ART Institute community who need to know for the purposes of investigating or taking corrective action. Information regarding an incident or reported Incident of Sexual Violence will be disclosed where necessary in order to address a risk to the health and safety of Members of the Portside ART Institute Community or where Portside ART Institute is obliged by law to disclose the information. Portside ART Institute may not be able to guarantee confidentiality if:

an individual is at imminent risk of self-harm;
an individual is at imminent risk of harming an identified individual;
Members of Portside ART Institute Community or the broader community may be at imminent risk of harm; or
disclosure is required by law (for example, but not limited to, an incident involving a minor, or obligations related to occupational health and safety or to human rights legislation)

If a survivor or other person requests that Portside ART Institute not act on a Report of Sexual Violence, Portside ART Institute must weigh that person’s request against Portside ART Institute’s obligation to provide a learning and work environment that is safe and free from Sexual Violence for all Members of the Portside ART Institute Community. However, a Complainant has the right not to participate in any Investigation that may be conducted by Portside ART Institute.

Portside ART Institute shall ensure that Student input is considered in the development of this Policy and every time it is reviewed or amended.

A copy of this Policy as approved and amended is to remain available on Portside ART Institute’s website. A printed copy of this Policy shall be provided upon request being made to the office of the Registrar.

Implementation

Discrimination and Harassment Policy and Procedures
Student Code of Conduct
Employee Handbook
Workplace Violence Policy and Program
Equity, Diversity, and Inclusion Policy
Workplace Discrimination and Harassment Policy and Program

Employee Sexual Harassment Policy

Purpose

Portside ART Institute is committed to providing its students with a working and educational environment free from Sexual Violence which includes Sexual Assault and Sexual Harassment. Portside ART Institute is further committed to treating its students who disclose and Report incidents of Sexual Violence with dignity and respect. Portside ART Institute has adopted this Prevention of Sexual Violence Policy (the “Policy”) to reaffirm Portside ART Institute’s commitment to a safe and healthy campus and to set out Portside ART Institute’s response to incidents of Sexual Violence.

Audience

Procedures

Disclosure

Under this Policy, a student may file a written Report with the Registrar. The Registrar is the first point of contact for students. If the allegation of Sexual Violence involves the Registrar, a student may file a Report with the Dean. In these situations, Portside ART Institute may refer the Investigation to an external investigator to conduct an impartial Investigation and assume related responsibilities of the Registrar. In the event of a Report involving the Dean, the Registrar will endeavor to provide access to supports and coordinate reasonable accommodations if necessary.

The Registrar will provide access to supports, services and, where appropriate, referrals to community resources (see Appendix A). Examples of supports and services that may be provided include, counselling, access or referrals to medical services and emergency services.

If appropriate, the Registrar will coordinate academic and employment accommodations. Examples of academic accommodations that may be provided include extensions on assignments, incomplete grades, deferrals for examinations, exemption from attendance policies, separation of the Complainant and Respondent in a course section, time to visit a doctor/counsellor/the police/a lawyer, and petitions for late withdrawal. All academic accommodations must be arranged through the Registrar. Examples of employment accommodations which can be facilitated through the relevant management personnel, include changes in Reporting relationships, work hours, work locations, projects/assignments, separation of the Complainant and Respondent, and time away from work to visit a doctor/counsellor/the police/a lawyer.

Duty to Refer: If an incident of Sexual Violence is disclosed to a Member of the Portside ART Institute Community, the person to whom it is disclosed has a duty to refer the Complainant to this Policy and inform them of the appropriate point of contact to obtain information regarding supports that are available to them. The person to whom the Disclosure is made should hold such information in confidence except as directed by the Complainant or as indicated in the “Confidentiality and Privacy” provisions set out in Confidentiality and Privacy section of this Policy.

Portside ART Institute recognizes that individuals may require time and reflection before making the decision as to whether they wish to make a Disclosure or a Report of an incident. Notwithstanding those considerations, individuals who have experienced an incident of Sexual Violence are encouraged to make a Disclosure and/or Report as soon as they are able to do so, recognizing that the passage of time may affect Portside ART Institute’s ability to address the issues raised by a Disclosure or a Report.

Reporting

A Complainant has the right and the choice to Report to Portside ART Institute an incident of Sexual Violence with respect to an incident of Sexual Violence for the purposes of initiating the processes set out in this section. A Report can also be filed by an individual that has witnessed Sexual Violence. Reporting can be initiated in person, by phone or by email. If a Complainant chooses to Report by email, the Complainant should fill out and attach the Sexual Violence Reporting Form which outlines the details related to the allegation of Sexual Violence and send it to the Registrar. In person and phone Reporting methods should provide the same information as requested on the form. The Complainant will be contacted within 72 hours or as soon as reasonably possible, to confirm the form’s information and to discuss next steps.

The filing of a Report does not necessarily mean that the Complainant must request an Investigation into the matter. The Complainant still has the choice to determine if that is what they will request. Portside ART Institute may proceed with an Investigation even if not requested by the Complainant if the circumstances warrant it (i.e., if the complaint raises issues of workplace violence or harassment, or if the student is a minor). However, the Complainant may choose not to request an Investigation, and has the right not to participate in any Investigation that may occur. The Complainant will still be entitled to receive other supports outlined in this Policy regardless of whether they decide to request an Investigation or choose not to participate in one.

Portside ART Institute will take reasonable steps to protect Complainants who Report an incident of Sexual Violence from retaliation. For example, PARTI may advise individuals in writing of their duty to refrain from committing an act of reprisal, and sanction individuals for a breach of that duty. PARTI may also address the potential for reprisals by providing an accommodation appropriate in the circumstances. For example, a Complainant may be provided with a security escort to, from and between their classes/at their place of work.

Safety Plans: The Campus Principal/Chief Talent and Culture Officer- Human Resources will coordinate safety plans for Complainants, if required. Components of safety plans can include: escorts to and from campus and/or transit, parking lots, one-touch mobile alerts to police and/or security services.

Interim Measures: The Registrar may consider implementation of interim measures to protect while any external or internal proceedings are underway. Examples of interim measures include removal of the Respondent from classes/projects, separation of the parties, no contact orders, class and/or schedule changes, limits on accessing particular and/or all facilities.

Risk Assessment: The Registrar may initiate an assessment of risk to the community to be conducted.

Emergency Measures: If the Registrar determines that the presence of a student/employee poses a risk to the safety or security of any Member of the Portside ART Institute Community, they may impose an immediate suspension of up to 10 days. The Respondent and Complainant will be notified of the decision to invoke an immediate suspension.

If the Registrar determines that the student/employee continues to pose a risk to the safety or security of any Member of the Portside ART Institute Community or other persons resulting from an incident of Sexual Violence, they may suspend a student/employee for more than 10 days to a maximum of 90 days.

Preliminary Assessment

Upon receipt of a Report or a complaint the Registrar will endeavor to respond promptly. The Registrar will conduct a preliminary assessment to establish whether the Reported conduct falls within the definition of Sexual Violence as set out in this Policy. If the Reported conduct does not fall within the definition of Sexual Violence outlined in this Policy, the Registrar will convey this assessment in writing to the Complainant and inform the Complainant of their right to an appeal under the Appeals section of this Policy. In these cases, the Registrar may also refer the Complainant to another Portside ART Institute policy or office for further assistance.

If the Registrar considers the Reported conduct to be covered by this Policy, they will move forward to the Investigation stage and ask the Complainant if they wish to participate in an Investigation.

The Registrar will determine who should conduct the Investigation by taking into consideration the seriousness of the allegation, the knowledge and expertise required in investigating Sexual Violence matters, and the parties involved. Where the Complainant and the Respondent have the same/different Reporting structures, the Registrar will determine who the appropriate person is to take responsibility for the Investigation. The investigator and all designated Portside ART Institute officials involved shall have received appropriate training in the proper handling of sensitive issues surrounding Sexual Violence. Complainants should not be asked any questions related to their sexual history.

If appropriate in the circumstances, the Registrar may also appoint an independent investigator to investigate the Report.

The Registrar will determine whether an incident of Sexual Violence should be referred immediately to the police. In such cases, Portside ART Institute will conduct its own independent Investigation and make its own determination in accordance with its own policies and procedures.

Where an allegation of Sexual Violence is made by a person who has not experienced Sexual Violence themselves but has witnessed it, Portside ART Institute’s ability to address the allegation will depend on the information available.

Both the Complainant and the Respondent have the right to be accompanied by a support person during the Investigation. A support person is expected to adhere to the principles of “Confidentiality and Privacy” outlined in this Policy.

If an Investigation proceeds under this Policy, the Report of the preliminary assessment (including interim measures) will be provided to the investigator.

Portside ART Institute does not have the jurisdiction to address allegations made against a person who is not a Member of the Portside ART Institute Community. However, in the event of such allegations, Portside ART Institute may be able to take measures, such as restricting access to campus by the person against whom allegations are made.

If the Respondent’s relationship with Portside ART Institute ends and the Respondent is no longer at or with Portside ART Institute, the formal Reporting process in this Policy may be suspended. If the Respondent returns and once again becomes a Member of the Portside ART Institute Community, a formal Reporting process may resume. A Respondent’s temporary leave of absence from Portside ART Institute or a temporary break in his or her relationship with Portside ART Institute do not prevent a resumption of a formal Reporting process when such leave has ended or when the relationship between Portside ART Institute and the Respondent resumes.

In addition to the “Confidentiality and Privacy” provisions, all Members of the Portside ART Institute Community who are involved in receiving a Report of an Incident of Sexual Violence or who are involved in addressing or investigating it should treat the matter discreetly and confidentially as practicable within the context of their roles in implementing this Policy. Information should be shared to the extent necessary to carry out responsibilities under this Policy.

Documents and information related to a Report will be held securely. Specifically, this information will be kept by the Registrar in a secure location. The documents will be kept for a period of three years from the date that the Complainant or Respondent ceases to be enrolled in Portside ART Institute, whichever is later.

Deadlines and timelines: The Investigation will be completed in a timely manner and Generally, within 90 days or as soon as reasonably possible. If there are extenuating circumstances which cause the extension of deadlines, the Registrar may extend a deadline where the delay is requested in good faith and the extension does not prejudice those involved in the Reporting process.

Investigation Procedures

An Investigation will be initiated in a timely manner after the Preliminary Assessment. The investigator will take the following steps:

Ensure that appropriate measures are taken to protect the safety of the Complainant(s);
Keep all information related to the investigation confidential to the extent practical. Other parties subject to confidentiality will be reminded of their obligations and be asked to sign the relevant Confidentiality Statement;
Will use the Formal Investigation Template to organize their Investigation plan, collection of evidence, analysis, and findings in a methodical and objective manner;
Notify the Complainant(s), the Respondent(s) and witness(es) that they are entitled to support and assistance throughout the process (including the availability of the Academic Accommodations and Accessibility Office, mental health counsellors for Students, Employee Assistance Program, and support from the Equity, Diversity, and Inclusion Office where appropriate);
Ensure that the Respondent(s) have a copy of the Report allegations and provide the Respondent(s) with an opportunity to respond;
Interview the Complainant(s) and/or the third party that submitted the Report;
Interview the Respondent(s);
Take reasonable steps to interview witness(es) who may be identified by the Complainant(s), the Respondent(s) as necessary to conduct a thorough Investigation including individuals who were involved or who has, or may have, knowledge of the incident;
Take appropriate notes and statements during interviews with the Complainant(s), the Respondent(s) and any Witnesses;
Re-interview the Complainant(s), Respondent(s) or any witnesses if appropriate;
Collect and review relevant documents/evidence;
Come to conclusions about whether the allegations are substantiated based on a balance of probabilities;
Consult with the Dean when appropriate on matters requiring subject matter expertise.
Provide a written summary of the steps taken during the Investigation, the complaint, the allegations of the Complainant(s), the response from the Respondent(s), the evidence of witnesses, and the evidence gathered. The summary must set out findings of fact and conclude whether Sexual Violence was found or not. This written summary will be kept in the internal Investigation file. A shorter Investigation conclusion letter should be provided to the Complainant(s) and the Respondent(s) so that they have an opportunity to respond; and
Take appropriate action(s) to resolve the situation and inform the Complainant(s) and the Respondent(s) of any corrective action that has resulted from the Investigation.

If the Respondent(s) decline(s) to participate in the investigative process, the Investigation will still proceed. The Respondent(s) should be encouraged to participate in the interest of a balanced and fair process.

The investigator will provide reasonable updates to the Complainant(s) and the Respondent(s) about the status of the Investigation.

Record Keeping

The designated investigator will keep records of the Investigation including:

A copy of the Report or details about the incident;
A record of the Investigation including notes;
A copy of the Investigation Report;
The Investigation conclusion letter that was provided to the Complainant(s) who allegedly experienced the Sexual Violence and the Respondent(s);
A copy of any corrective action taken to address the Report or incident(s) of Sexual Violence

All records of the Investigation will be kept in a confidential, secure file. The Investigation documents, including this Report should not be disclosed unless necessary to investigate an incident or Report of Sexual Violence, to take corrective action, or to satisfy internal requirements to meet regulatory or other legal requirements. Records will be kept for at least three years.

Standard of Proof

The standard of proof to be applied is the balance of probabilities. This standard means that based on the evidence, the occurrence of the event(s) in question was/were more likely than not.

Bad Faith Complaints and Misuse of the Reporting Procedures

It is a violation of this Policy to put forward a complaint that is made in bad faith, is trivial, vexatious or an abuse of the process. These include complaints that are filed without reasonable grounds, with the intention to embarrass or harass, or with no factual basis. Complainant(s) may be subject to corrective action, including discipline, as appropriate and consistent with the result of the Investigation. Corrective action will be implemented in writing.

Outcomes in Investigations

Upon completion of the Investigation, the Registrar will:

Review all of the evidence collected during the Investigation;
Decide whether the Investigation was fair and conducted with procedural fairness to all parties, and due diligence;
If the Investigation found that the allegation(s) of Sexual Violence are substantiated, determine what disciplinary action, if any, should be taken as set out below.

The decisions of the Dean upon completion of the Investigation, and the reasons in support of this decision must be in writing and be delivered to the Complainant(s) and to the Respondent(s) within 20 business days of the completion of the Investigation.

In the event a Report is not substantiated, no further action will be taken, subject to the section on maintaining records. If there is need to restore a positive working/learning environment or if the Complainant(s) and/or Respondent(s) require counselling, follow-up measures may be taken to meet such needs.

Follow-up measures could include:

Counselling for the parties;
Application of strategies to restore a positive working/learning environment;
Informal resolution/mediation if appropriate (the parties must Consent, and the process must not require any face-to-face meeting between the parties);
specific training for the Complainant(s) or Respondent(s);
workshops for the staff and/or others in the workplace/learning environment regarding their rights and responsibilities;
separation of Respondent(s) and Complainant(s) from each other; and/or
restorative measures.

Discipline

If the Registrar did engage in Sexual Violence, disciplinary or corrective action may be taken. Corrective action will be implemented in writing.

The following list provides examples of disciplinary or corrective action and is not meant to be exhaustive nor necessarily represent a progression of consequences or measures:

Attendance at educational sessions on the impact of Sexual Violence;
Restricted or prohibited access to Portside ART Institute campuses and/or services;
Disciplinary action up to and including termination of employment of instructors or staff;
Suspension from Portside ART Institute for a specified period of time and/or until specified conditions are met; and
Expulsion of a student from Portside ART Institute.

In addition to the examples set out in paragraph above, Portside ART Institute may take other disciplinary or corrective actions that may be appropriate in the circumstances.

Complainants cannot be disciplined for using alcohol or drugs during any alleged incident.

Appeal

An appeal may be made only by the Complainant(s) or the Respondent(s). The appeal must be made in writing to the Dean of Portside ART Institute and within 10 business days after the date of the decision that is the subject of the appeal. The appeal must include the reasons for the appeal, the reasons why the appeal should be granted, the arguments in support of the appeal and the outcome sought (the “Notice of Appeal”).

The person seeking to appeal must demonstrate that one of the following grounds have been met:

Procedure: Procedures were not correctly followed in making the decision. For example:
- Institute policy was incorrectly interpreted and applied;
- There was a fundamental procedural error seriously prejudicial to the student;
- The decision-maker erred in interpreting the facts or assessing the evidence.
Student rights: The decision process or the decision infringed on the rights that Portside ART Institute guarantees to the student, including rights identified under the Academic Freedom policy and the Discrimination and Harassment policy;
Natural justice: The decision-making process was not consistent with the generally understood principles of procedural fairness (natural justice). These include:
- Right to be heard: the student did not have a fair opportunity to present the student’s case;
- Freedom from bias: The decision maker was not impartial;
- Evidence-based decision-making:
  - The decision was not based on evidence, but on speculation or suspicion; and/or
  - The decision was not communicated in a way that made clear what evidence was used in making the decision.
Medical: An unforeseen medical condition affected the student’s judgements or actions.
Compassion: Events and circumstances beyond control of the student seriously impaired the student’s judgments or actions.

Within 10 business days of receiving the Notice of Appeal, the President shall notify both parties as to the substance of the Appeal. The party who did not submit the Appeal shall be given 10 business days to respond, in writing, to the substance of the Appeal.

Within 20 business days of receiving the response to the Appeal, the Dean shall render a decision as follows:

Uphold the decision and sanctions of the Registrar.
Uphold the decision of the Registrar but render different sanctions.
Grant the Appeal, which shall overturn the decision and sanctions of the Registrar. An overturned decision shall result in the Dean’s having the right to render an outcome that is deemed just and appropriate.

The findings of the Dean shall be final and not subject to review by, or appeal to, any other decision- maker or decision-making body.

APPENDIX A: SUPPORTS & SERVICES PROVIDED TO STUDENTS WHO HAVE EXPERIENCED SEXUAL VIOLENCE

International Students residing outside of Canada are encouraged to connect with professional support in your local area. If you require immediate, in-person emergency care, go to your nearest emergency department, or dial your local emergency services telephone number for immediate help.

EMERGENCY MEDICAL SUPPORT

St Thomas

Hospitals:

St Thomas, Woodstock or London General Hospital

COUNSELLING/SUPPORTS OFFERED BY PARTI

Students

The Counselling House

Book a free, confidential appointment with a mental health counsellor at help@thecounsellinghouse.ca

Employees

Free, confidential counselling for employees through The Counselling House

help@thecounsellinghouse.ca

OFF CAMPUS COUNSELLING

OFF CAMPUS MEDICAL SERVICES

Tele-Care 811

Tele-Care is a free, confidential, health advice and information line. Dial 811 for access to bilingual, registered nurses, 24 hours a day, seven days a week. You will speak to a registered nurse when you call Tele-Care about health symptoms, injuries or illnesses. The nurse will assess your situation and provide information and advice to help you decide what to do. In an emergency, call 911 or visit the local emergency department.

Policies and Procedures

Student Complaint Procedure

Purpose

These procedures implement the Student Grievances and Appeals Policy

Audience

These procedures apply to all students at the Portside ART Institute (PARTI)

Procedures

Student Grievances and Appeals – Right to Appeal

Where there are grounds for doing so, students have the right to appeal any decision by any faculty member, committee, or administrator at the Portside ART Institute. Decisions that are appealable might be made under any one of a number of the Portside ART Institute policies, including, but not limited to, those policies governing harassment and discrimination, anti-violence, credit transfer, leaves of absence, advanced standing, withdrawal from a course or program, grading, academic integrity and honesty, professional suitability and ethics, academic standing (including probation), and academic dismissal. Because appeals can come only from students, decisions relating to admission to academic programs are not appealable.

A. Grounds for Appeal

Dissatisfaction with Institute policy, unhappiness with the outcome of a decision, and technicalities that do not materially affect a decision are not sufficient grounds for appeal. Students appealing decisions should provide argument and evidence addressing one or more of the following grounds for appeal:

Procedure: Procedures were not correctly followed in making the decision. For example:
- Institute policy was incorrectly interpreted and applied;
- There was a fundamental procedural error seriously prejudicial to the student;
- The decision-maker erred in interpreting the facts or assessing the evidence.
Student rights: The decision process or the decision infringed on the rights that the Institute guarantees to the student, including rights identified under the Academic Freedom policy and the Harassment and Discrimination policy;
Natural justice: The decision-making process was not consistent with the generally understood principles of procedural fairness (natural justice). These include:
- Right to be heard: the student did not have a fair opportunity to present their case to an appropriate body of forum, via an appeal or other means;
- Freedom from bias: The decision maker was not impartial;
- Evidence-based decision-making:
  - The decision was not based on evidence, but on speculation or suspicion; and/or
  - The decision was not communicated in a way that made clear what evidence was used in making the decision.
Medical: An unforeseen medical condition affected the student’s ability to meet their academic obligations.
Compassion: Events and circumstances beyond control of the student seriously impaired the student’s ability to meet their academic obligations.

Burden of proof: Dissatisfaction with the Institute policy, unhappiness with the outcome of a decision, and technicalities that do not materially affect a decision are not sufficient grounds for appeal. When appealing any decision, it is the student’s responsibility to present evidence and argument addressing one or more of the grounds for appeal as set out above.

B. Types of Grievances and Appeals

The Institute has established procedures related to grade appeals, academic standing appeals, non-academic misconduct appeals, and academic misconduct and professional suitability appeals. These procedures are approved by and provided by the Registrar’s Office.

Any decision by any faculty member, committee, or administrator may be appealed if there are grounds for doing so. Without limiting this general right of appeal, the most common types of academic appeals are identified below.

Academic Results Appeals

Grade appeals, requests for reassessment

When a student believes an instructor erred in assessing a piece of the student’s course work, the following steps will be followed:

Informal resolution: The student will discuss the matter with the instructor, giving reasons for believing the assessment to be wrong. If the instructor agrees that an error was made the grade will be changed. If the instructor concludes that an error was not made the original grade will stand.
Reassessment: If, after discussion with the instructor, the student continues to believe the instructor’s assessment was wrong, they may request through the Registrar’s Office a formal one-time re-assessment of the original work submitted. Such requests must identify where and/or how the instructor erred, in the student’s opinion. The Registrar’s Office will convey the request for re-assessment to the Academic Head (or designate) of the program in which the student is enrolled. The Academic Head (or designate) will ask another appropriately qualified instructor or faculty member to assess a clean copy of the student’s work that is in question (i.e., the original work submitted by the student, but free of any instructor’s comments or grades). When possible, the work will also be anonymized; i.e., the student’s name and other personally identifiable information should be redacted. The grade assigned by the instructor asked to reassess the work will be the final grade and may be higher or lower than the original grade assigned. (Note that if the assignment had previously been assessed a penalty, such as for late submission, that penalty will still apply to the re-graded assignment.)

Right to appeal: The results of a formal reassessment are final and cannot be appealed.

Other grade appeals

If a student wishes to appeal a grade on an assignment for a reason other than instructor error (e.g., illness or compassion), the following steps will be followed. (Note that grade appeals based on illness, compassion, or similar grounds are not normally addressed by requesting a re-assessment of work. The usual appeal argument is that an unexpected medical, compassionate, or other event prevented the student from meeting the requirements of the assignment and the normal solutions sought are permission to re-submit the assignment or to have a late assignment accepted for assessment.)

Informal resolution: The student will discuss the matter with the instructor, explaining why they are appealing the grade and what outcome they want. If the instructor agrees to accommodate the student’s request they will take appropriate steps to do so.
Appeal through the Registrar’s Office: The student can file a formal appeal through the Registrar’s Office, providing documentation, evidence, and argument addressing one or more of the grounds for appeal set out above and specifying the remedy sought (which must be something other than reassessment of the work). The Registrar’s Office will present the matter to the Academic Head (or designate) responsible for the program in which the student is enrolled. (If the Academic Head (or designate) is also the instructor who submitted the grade being appealed, the Registrar’s Office will present the matter to the Academic Head’s (or designates) immediate superior. The Academic Head may conclude that there are no grounds for the appeal and inform the student that the grade(s) assigned by the instructor will stand or may provide the outcome sought by the student or another outcome consistent with institute policy and principles of fairness.

Right to appeal: If, after the Academic Head has given a grade appeal decision to the Registrar, the student believes there are still grounds to appeal the grade (see grounds for appeal, above), they may present a case, through the Registrar, to the Standing Committee on Academic and Student Conduct Appeals, which will review the file and render a decision upholding, overturning, or modifying the Academic Head’s decision. The appeal committee’s decision will be communicated by letter to the student, the instructor, and the Academic Head. The decision of the Standing Committee on Academic and Student Conduct Appeals is final and cannot be appealed.

Academic Standing Appeals

In the event that the Registrar notifies a student that they are not in good academic standing and have been placed on academic probation or academically dismissed, the following steps will be followed:

Within two (2) business days of having been notified by the Registrar that they are not in good academic standing, the student may appeal the decision by writing to the Registrar providing documentation, evidence, and argument to support the appeal. Such documentation, evidence, and argument must address one or more of the grounds for appeal set out above. The Registrar will present the student’s appeal to the head of the academic program in which the student is enrolled, who will review the case in light of the reasons for the student having been placed on probation or academically dismissed. The program head will advise the Registrar whether there are grounds for changing the decision. If, in the opinion of the program head, the decision to place the student on probation or to dismiss the student should stand, the Registrar will notify the student that they may, within two (2) business days, appeal the decision through the Registrar to the Standing Committee on Academic and Student Conduct appeals, which will review the file and render a decision upholding, overturning, or modifying the decision. The Registrar will communicate the Committee’s decision and reasons for the decision by email to the student. The decision of the Standing Committee on Academic and Student Conduct Appeals is final and cannot be appealed. Note that the Registrar’s Office may extend the deadlines for submission of the written appeals to accommodate the needs and circumstances of the student.

Non-Academic Misconduct Appeals

When a student has been found culpable of a non-academic misconduct, the appeal avenue is determined by who approved the decision and stipulated the penalties and sanctions.

Where the decision was approved by the:

1. Student Liaison Officer, the decision can be appealed to the Manager, Office of Student Rights and Responsibilities.

Manager, Office of Student Rights and Responsibilities, the decision can be appealed to the Standing Committee.
Student Conduct Committee or Provost, the decision can be appealed to the Standing Committee.

Appeals of Academic Misconduct and Professional Suitability

Decisions made under the Academic Code of Conduct policy, or the Policy for Assessing Conduct Related to Professional Suitability of Students in the Major Advanced Counselling (Art) Psychotherapy may be appealed to the Registrar in the following circumstances: the processes enumerated in the policy must be exhausted; the appeal is initiated through the Registrar within two (2) business days of the student having been notified of the final decision; the appeal presents documentation, evidence, and argument addressing one or more of the acceptable grounds for appeal as set out above. Note that the Registrar’s Office may extend the deadlines for submission of written appeals to accommodate the needs and circumstances of the student.

Expulsion Policy

Purpose

This Student Code of Conduct Policy (the “Policy”) sets out and defines the standard of conduct expected of all students while enrolled at the Portside ART Institute. Students are expected to conduct themselves in a manner consistent with the educational objectives of the Institute in accordance with generally accepted standards of behavior, and in accordance with other published Institute policies.

Audience

This policy applies to:

All students studying at any Portside ART Institute location, internship location, or online, including those on leave or currently suspended.
Student conduct on any Portside ART Institute campus.
Student conduct off-campus when:
- Students attend an off-campus activity or event as part of a course or an organized class activity.
- Students participate in an off-campus activity that is organized and/or sanctioned by the Institute.
- Students are representatives or delegates of the Institute at an off-campus activity, event, or function.
- The conduct, regardless of where it occurs, may adversely affect teaching and learning or the functioning of the practicum placement site or may damage the reputation of the Institute.

Approving Institute Official(s): President

Responsible Office: Campus Principals/Provosts/Director of Operations, Student Conduct Officers, Student Conduct Committee

Students who invite guests to any Portside ART Institute campus, or any off-campus activity, function or event such as those identified above, and those guests engage in misconduct as defined in this policy.
Student conduct via telephone, computer, or other electronic device using email, social media, etc.

In addition to any disciplinary or remedial actions taken against a student found to have committed a non-academic misconduct, the Portside ART Institute reserves the right, notwithstanding anything contained herein, to refer that student to civil or criminal authorities.

Procedures

The following is a list of misconduct for which students may be subject to disciplinary action. It is not an exhaustive list and students should be aware that their actions may still be considered misconduct even if not in the list below.

The use of violence, including: the actual or attempted exercise of physical force against any member of the Portside ART Institute community that causes or could cause physical injury; making statements or acting in a way that a reasonable person would interpret as a threat to exercise physical force against a member of the Portside ART Institute community that could cause physical injury.
Actions, oral statements, and written statements which threaten or violate the personal safety of any member of the faculty, staff, or other students, including threats of bodily harm or sexual assault.
Bullying, which includes the use of physical or verbal actions intended to intimidate, coerce, or harm an individual or group/individual or group perceived to be vulnerable;
Cyberbullying, which as defined by the Cyber-safety Act, is any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought to reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way.
Any conduct which interferes with or threatens to interfere with the educational process or any activity organized by the institution or by any of its faculties, schools, departments, divisions, clubs or societies.
Any conduct which interferes with the right of any member of the Institute community to carry on their legitimate activities and/or to speak to or associate with others.
Possession of real or replica firearms or other weapons, explosives, or toxic substances on the practicum or Portside ART Institute premises.
Behaviours suggesting use of, possession of, or impairment by alcohol, cannabis, valid prescription or non-prescription medications or other noxious substance that may affect behaviour/cognition on the Institute premises, at an Institute sponsored or associated event, or during in-person or virtual clinical, class, or lab sessions.
Actions, oral statements, and written statements aimed at one or more specific individuals based on the race, ancestry, place of origin, colour, ethnic origin, citizenship, gender, sexual orientation, gender expression, creed, age, marital status, family status, disability, receipt of public assistance or record of offenses of that individual or group of individuals.
Harassment, sexual or otherwise, that has the effect of creating a hostile or offensive environment for any student, faculty member, or staff member.
Possessing without permission, damaging, defacing, destroying, or misusing Institute property.
Failure to promptly comply with any reasonable directive from faculty members or Institute officials.
Failure to maintain confidentiality and respect the privacy of personal or professional information communicated about clients, one’s employer, other students, faculty, staff, or their employers.
Distribution, falsification or invention of any information or document, including documents published online or in social media.
Lying or knowing misrepresentation during an Institute investigation.
Bringing false or malicious charges against any member of the Institute community.
Hazing, which is defined as an act which endangers the mental or physical health or safety of a student for the purposes of initiation or admission into, affiliation with, or as a condition for continued membership in, a group or organization.
Contravention of provisions of the Criminal Code or other federal, provincial, or municipal statutes or regulations, including violations of local bylaws. The Institute has the right to report such contraventions to the appropriate authorities.
Encouraging, aiding, or conspiring with another student to commit misconduct as defined in this policy.
Non-compliance with any conditions, sanctions, penalties or remedial requirements imposed under any Institute policy, or any other laws, rules and regulations.

When student misconduct threatens the safety of persons or property, or where it appears to violate federal, provincial, or municipal law, Institute officials will act expeditiously to call in appropriate authorities and to remove the student from Institute property.

Procedures Related to Non-Academic Misconduct Incidents and Complaints

When a member of the Institute community has knowledge of or suspects that a student has committed an offense under the Student Non-Academic Conduct policy, a Student Conduct Incident Report (obtained through the Office of the Registrar) will be completed and submitted along with all relevant documentation to the Office of the Registrar.
The Office of the Registrar will notify the student via email within two (2) business days that an Incident Report has been received, inform the student of the nature of the alleged offence, and of the range of potential penalties that might be imposed or recommended after an objective investigation and determination, based on the balance of probability. In cases where a finding of fault is determined the Office of the Registrar will attempt to resolve the matter by mutual agreement and/or mediation. If mutual agreement and/or mediation are not possible or fail to resolve the matter, additional actions or sanctions may be recommended to resolve the issue. In cases where a finding of fault is determined upon investigation the Office of the Registrar will inform the student of their rights to challenge the allegation and to appeal decisions. The student will be invited to comment on the incident and provide any additional relevant documents and arguments concerning the incident. The student must submit such comments, documents, and arguments to the Office of the Registrar within two (2) business days.

Urgent Response Situations

When student misconduct threatens the safety of any person or property, or where it may incite others to cause harm, or appears to violate federal, provincial, or municipal law, Institute officials will act expeditiously to contact and involve appropriate authorities to remove the student from the Institute property. In most cases the Campus Registrar, a representative from the Office of Student Rights and Responsibilities, or a member of the campus leadership team will be responsible for summoning authorities and removal of the student from Institute property.

In case of an immediate and critical emergency any member of the Institute community should call 911.

Procedures for Investigating and Prosecuting Non-Academic Offenses

Student Liaison Authority
A Student Liaison from the Office of Student Rights and Responsibilities will be responsible for investigating and prosecuting offenses under the Non-Academic Code of Conduct policy. The Student Liaison has the authority to:
1. Determine that no misconduct occurred.
2. Arrange for the resolution of a complaint by mutual consent through mediation.
3. Impose one or more of the penalties specified at “First Offence” penalties above.
4. Where the Student Liaison believes one or more non-academic misconducts occurred, and a penalty stronger than those allowed above is appropriate, the Student Liaison will forward all information to the Manager, Office of Student Rights and Responsibilities (the “Manager”) for further review and action.
Manager, Office of Student Rights and Responsibility Authority
Where a case has been escalated to the Manager, a review of the existing evidence and submissions will be undertaken. Where necessary additional investigative actions may be taken. After making a determination whether or not non-academic misconduct has occurred, the Manager has the authority to:
1. Determine that no misconduct occurred.
2. Arrange for the resolution of a complaint by mutual consent through mediation.
3. Impose one or more of the penalties specified as First or Second offense penalties above.
4. Recommend one or more of the penalties specified as “Third or Subsequent Offence” penalties to the Student Conduct Committee.
Student Conduct Committee Composition and Authority
The manager responsible for Student Rights and Responsibilities shall convene a Student Conduct Committee to consider Student Conduct cases referred to them by the Office of the Registrar, and to consider cases where the recommended penalty or penalties identified above as “Third or Subsequent Offence” penalties.

A Student Conduct Committee comprises:
1. The Vice President responsible for student rights and responsibilities (Chair)
2. One additional academic or academic support Vice President or Associate Vice President
3. The Dean, Associate Dean, or Program Head from a faculty offering the same level of credential as the student’s program (Diploma), but not from the student’s program.
4. Manager, Office of Student Rights and Responsibilities or designate (nonvoting)
Subject to the requirements above, voting members of a Student Conduct Committee can be drawn from any campus.

The Committee will act in compliance with procedures that respect the rights of students accused of misconduct and that are consistent with natural justice.

In cases going forward to the Student Conduct Committee, students:
1. Prepare a written request to the Student Conduct Committee presenting arguments and evidence addressing one or more of the allowable grounds for appealing the recommended decision and indicating the desired outcome.
2. Have the right to request an oral hearing.
  1. The oral hearing will occur after a preliminary review of the case by the Student Conduct Committee. In the event the Student Conduct Committee allows the appeal upon preliminary review, the student will be advised of the decision and can decide if they still want to proceed with the oral hearing.
  2. The oral hearing will occur during the regular meeting times of the Student Conduct Committee, but the student will be provided a minimum of 10 working days’ notice prior to the scheduled hearing. In the event the student does not appear for the hearing, the Student Conduct Committee will proceed with their consideration of the appeal.
  3. Where an oral hearing is requested and does occur, all individuals present at the hearing including the student, non-voting members, and the Student Conduct Committee, must respect the confidential nature of the proceedings and not disclose details of the hearing. The exception to this would be the sharing of relevant information with support persons or legal counsel.
Are entitled to have a support person (self-provided by the student) at the oral hearing: friend, family member or another student.

The Student Conduct Committee has the authority to:
1. Determine that no misconduct occurred.
2. Arrange for the resolution of a complaint by mutual consent through mediation.
3. Impose one or more of the penalties specified above as “First Offence” or “Second Offence” penalties.
Recommend one or more of the penalties specified above as “Third or Subsequent Offences” penalties to the Provost. The Provost, or their delegate, acting in accordance with student rights and the principles of natural justice, shall, after reviewing the case in its entirety, approve the recommendation, or reach an alternate decision than that recommended by the Student Conduct Committee.
Non-Academic Incident Records
1. Records relating to each incident report, including records showing the outcome of the incident, will be added to the student’s Institute record and retained for 5 years.
2. The Office of Student Rights and Responsibilities will maintain a record of the number, nature, and disposition of student conduct incidents.
Confidentiality
In all student conduct cases, the Institute, faculty, and staff will protect personal information and handle all records in accordance with applicable legislation in force at the time (e.g., the Freedom of Information and Protection of Privacy Act), where applicable in the circumstances, and in keeping with any professional obligations. The Institute will share identifying information only in circumstances where it is necessary to comply with the terms of the Code of Conduct, to address safety concerns, or to satisfy a legal reporting requirement(s). In cases where information must be shared, the Institute, faculty, and staff will only disclose the minimum amount of information needed to allow such concerns to be addressed. Such circumstances include those where:
1. an individual is at risk of self-harm;
2. an individual is at risk of harming others;
3. there are reasonable grounds to be concerned with future risk to the safety of the Institute Community, property and/or the general public;
4. disclosure is required by law; (e.g., risk of harm to a minor); or, to comply with legislation;
5. it is necessary to comply with the reporting requirements of regulatory bodies;
6. it is necessary to share information between appropriate staff within their offices for the purpose of supporting the student.
Further limits to confidentiality may occur if the Institute is subject to legal proceedings that compel the disclosure of information.

Student Grievances and Appeals

Where there are grounds for doing so, students have the right to appeal any decision by any faculty member, committee, or administrator at the Institute Decisions that are appealable might be made under any one of a number of Institute policies, including, but not limited to, those policies governing harassment and discrimination, anti-violence, credit transfer, leaves of absence, advanced standing, withdrawal from a course or program, grading, academic integrity and honesty, professional suitability and ethics, academic standing (including probation), and academic dismissal. Because appeals can come only from students, decisions relating to admission to academic programs are not appealable.

Types of Grievances and Appeals

1. Academic Results Appeals

1.1Grade Appeals

When a student believes an instructor erred in assessing a piece of the student’s course work, the following steps will be followed:

Informal resolution is always preferred. Therefore, the student should first raise the matter with the instructor, giving reasons for believing the assessment to be wrong. The instructor will review the assessment. If the instructor agrees that an error was made, the grade will be changed. If the instructor concludes that an error was not made, the original grade will stand.
If, after discussion with the instructor, the student believes there are grounds to appeal the instructor’s decision (see grounds for appeal, above) the student can submit, a formal appeal through the Registrar, who will present the matter to the Academic Head (or designate) responsible for the program in which the student is enrolled. (If the Academic Head is also the instructor who submitted the grade being appealed, the Registrar will present the matter to the program head’s immediate superior.) The Academic Head May:
- Conclude that there are no grounds for the appeal and inform the student that the grade(s) assigned by the instructor will stand. (If the student believes there are grounds to appeal this decision by the Academic Head, they may appeal though the Registrar in writing to the Standing Committee on Academic and Student Conduct Appeals within two (2) business days of the decision being made.)
- Agree that there are grounds to review the grade, in which case they may ask another appropriately qualified instructor or faculty member to assess clean anonymized copies of any of the student’s work that is in question (i.e., copies of the original work submitted by the student, but free of any instructor’s comments or grades, and on which the student’s name and other personally identifiable information has been redacted). The grade assigned by the instructor asked to re-assess the work will be the final grade and may be higher or lower than the original grade assigned. (Note that if the assignment had previously been assessed a penalty, such as for late submission, that penalty would still apply to the re-graded assignment.)

Right to appeal: If, after the Academic Head has given a grade appeal decision to the Registrar, the student believes there are still grounds to appeal the grade (see grounds for appeal, above), they may present a case, through the Registrar, which will review the file and render a decision upholding, overturning, or modifying the Academic Head’s decision. The Standing Committee on Academic and Student Conduct’s decision will be communicated by letter to the student, the instructor, and the Academic Head. The decision of the Standing Committee on Academic and Student Conduct Appeals is final and cannot be appealed.

1.1.1Grade appeals after a course has ended

When a program requires students to file grade appeals only after a course has ended, the following steps are followed:

Within two days of the release of the final course grade, the student will submit to the Registrar a written appeal of the grade providing documentation, evidence, and argument addressing one or more of the grounds for appeal set out above and specifying the remedy sought. The Registrar will record an “incomplete” on the student’s record pending the outcome of the review of the grade. Note that the Registrar’s Office may extend the deadline for submission of the written appeal to accommodate the needs and circumstances of the student.
The Registrar, having first confirmed that there are no arithmetical or reporting errors in the grade being appealed, will present the student’s appeal to the Academic Head, who will review the course material and the student’s documentation and may contact the student and/or the instructor for additional information. (If the Academic Head is also the instructor who submitted the grade being appealed, the Registrar will present the student’s appeal to the Vice President Academic.) The Academic Head may:
- Conclude that there are no grounds for the appeal and inform the student that the grade(s) assigned by the instructor will stand. (The Academic Head or the Registrar will also inform the student that, if the student believes there are grounds to appeal this decision, they may appeal in writing within two (2) business days of the decision being made through the Registrar to the Standing Committee on Academic and Student Conduct Appeals. The Registrar’s Office may extend the deadline for submission of the written appeal to accommodate the needs and circumstances of the student.
- Agree that there are grounds to review the grade, in which case they may ask another appropriately qualified instructor or faculty member to assess clean anonymized copies of any of the student’s work that is in question (i.e., copies of the original work submitted by the student, but free of any instructor’s comments or grades, and on which the student’s name and other personally identifiable information has been redacted). The grade assigned by the instructor asked to re-assess the work will be the final grade and may be higher or lower than the original grade assigned. (Note that if the assignment had previously been assessed a penalty, such as for late submission, that penalty would still apply to the re-graded assignment.)
- The Academic Head will communicate a decision to the Registrar, who will notify the student and the instructor of the course or course-section.

1.2Academic Standing Appeals

Within two (2) business days of having been notified by the Registrar that they are not in good academic standing, the student may appeal the decision by writing to the Registrar providing documentation, evidence, and argument to support the appeal. Such documentation, evidence, and argument must address one or more of the grounds for appeal set out above. The Registrar will present the student’s appeal to the head of the academic program in which the student is enrolled, who will review the case in light of the reasons for the student having been placed on probation or academically dismissed. The program head will advise the Registrar whether there are grounds for changing the decision. If, in the opinion of the program head, the decision to place the student on probation or to dismiss the student should stand, the Registrar will notify the student that they may, within two (2) business days, appeal the decision through the Registrar to the Standing Committee on Academic and Student Conduct appeals, which will review the file and render a decision upholding, overturning, or modifying the decision. The Registrar will communicate the Committee’s decision and reasons for the decision by email to the student. The decision of the Standing Committee on Academic and Student Conduct Appeals is final and cannot be appealed. Note that the Registrar’s Office may extend the deadlines for submission of the written appeals to accommodate the needs and circumstances of the student.

1.3Non-Academic Misconduct Appeals

When a student has been found culpable of a non-academic misconduct, the appeal avenue is determined by who approved the decision and stipulated the penalties and sanctions.

Where the decision was approved by the:

Student Liaison Officer, the decision can be appealed to the Manager, Office of Student Rights and Responsibilities.
Manager, Office of Student Rights and Responsibilities, the decision can be appealed to the Standing Committee.
Student Conduct Committee or Provost, the decision can be appealed to the Standing Committee.

1.3.1Appeals of Academic Misconduct and Professional Suitability

Decisions made under the Academic Code of Conduct policy, or the Policy for Assessing Conduct Related to Professional Suitability of Students in the Graduate Advanced Counselling Psychotherapy (C. Psych) or Graduate Advanced Counselling Art Psychotherapy (C. Art Psych) may be appealed to the Standing Committee on Academic and Student Conduct Appeals in the following circumstances: the processes enumerated in the policy must be exhausted; the appeal is initiated through the Registrar within two (2) business days of the student having been notified of the final decision; the appeal presents documentation, evidence, and argument addressing one or more of the acceptable grounds for appeal as set out above. Note that the Registrar’s Office may extend the deadlines for submission of written appeals to accommodate the needs and circumstances of the student.

1.4Standing Committee on Academic and Student Conduct Appeals

Purpose and Functions: The Standing Committee on Academic and Student Conduct Appeals (the “Standing Committee”) is the final appeal body for students contesting decisions made by Institute/School decision makers. Policies governing decisions that might be appealed include harassment and discrimination, anti-violence, substance abuse, credit transfer, leaves of absence, advanced standing, withdrawal from a course or program, grading, academic integrity and honesty, professional suitability and ethics, academic standing (including probation), and academic dismissal. Because appeals can come only from students, the Standing Committee does not hear requests for reconsideration of decisions relating to admission to academic programs.

1.4.1Composition

Vice President Academic (chair)
All Deans, Associate Deans, Chairs, and Directors of degree programs
Members of the teaching faculty
Delegate from the Office of Student Rights and Responsibilities where the case is non-academic in nature (non-voting secretary and support)
Delegate from the Registrar’s Office where the case is academic in nature (nonvoting secretary and support)

Note: When the Vice President Academic of a campus is not able to Chair an appeal panel, a senior academic officer will stand in as chair.

1.4.2Process

The Registrar’s Office or the Office of Student Rights and Responsibilities manages the flow of cases to the Standing Committee, including:
- Communicating with the student appellant concerning: the student’s rights under policy; the procedures to be followed to prepare an appeal; deadlines; outcomes of the appeal.
- Preparing files for the Standing Committee, including, where appropriate, copies of student academic work and academic record and copies of correspondence and previous decisions relating to the matter being appealed.
- Maintaining records relating to each academic appeal.
- Implementing the outcomes of the appeal.
Students appealing decisions:
- Prepare a written request to the Standing Committee presenting arguments and evidence addressing one or more of the allowable grounds for appealing the decision and indicating the desired outcome.
- Have the right to request an oral hearing.
  - The oral hearing will occur after a preliminary review of the case by the Standing Committee. In the event the Standing Committee allows the appeal upon preliminary review, the student will be advised of the decision and can decide if they still want to proceed with the oral hearing.
  - The oral hearing will occur during the regular meeting times of the Standing Committee, but the student will be provided a minimum of 10 working days’ notice prior to the scheduled hearing. In the event the student does not appear for the hearing, the Standing Committee will proceed with their consideration of the appeal.
  - Where an oral hearing is requested and does occur, all individuals present at the hearing including the student, non-voting members, and the Standing Committee, must respect the confidential nature of the proceedings and not disclose details of the hearing. The exception to this would be the sharing of relevant information with support persons or legal counsel.

Are entitled to have a support person (self-provided by the student) at the oral hearing: friend, family member or another student.

1.4.3Grounds for Appeal

Dissatisfaction with Institute policy, unhappiness with the outcome of a decision, and technicalities that do not materially affect a decision are not sufficient ground for appeal. Students appealing decisions should provide argument and evidence addressing one or more of the following grounds for appeal:

Procedure: Procedures were not correctly followed in making the decision. For example:
- Institute policy was incorrectly interpreted and applied;
- There was a fundamental procedural error seriously prejudicial to the student;
- The decision maker erred in interpreting the facts or assessing the evidence.
Student rights: The decision process or the decision infringed on the rights that the Institute guarantees to the student, including rights identified under the Academic Freedom policy and the Discrimination and Harassment policy;
Natural justice: The decision-making process was not consistent with the generally understood principles of procedural fairness (natural justice). These include:
- Right to be heard: the student did not have a fair opportunity to present their case to an appropriate body or forum, via an appeal or other means;
- Freedom from bias: The decision maker was not impartial;
- Evidence-based decision- making:
  - The decision was not based on evidence, but on speculation or suspicion; and/or

o The decision was not communicated in a way that made clear what evidence was used in making the decision.

Medical: An unforeseen medical condition affected the student’s ability to meet their academic obligations.
Compassion: Events and circumstances beyond control of the student seriously impaired the student’s ability to meet their academic or other obligations.

1.4.4Considering Appeals

Panels: For each appeal, the Standing Committee will strike a panel of three members – normally the Vice President Academic (panel chair) and two other members. No member of a panel will have previously been involved with the decision being appealed; nor shall any member of the panel be a member of the Faculty, Department, or Program from which the appeal originates. If the Vice President Academic has previously been involved with the decision, another member of the Standing Committee will serve as panel chair.

Panels considering appeals of academic decisions must be selected from among the Deans, Associate Deans, Chairs, Directors, and faculty members of degree programs; if it is possible, every panel should include at least one academic Dean.
Each panel shall select one member as Chair of the panel
A panel may decide to invite a non-voting student advocate to participate in its deliberations.
A panel may include members from any of the Portside ART Institute campus Academic and Student Conduct Appeals committees, but should, if possible, have at least one member from the campus at which the appellant is registered.
Natural justice: Panels considering appeals will follow the principles of natural justice to ensure due process and fairness.

Outcomes: Panels considering appeals might: deny the appeal and uphold the previous decision; accept the appeal and overturn the previous decision; or replace the previous decision with another decision. For each appeal, the Chair of the Standing Committee will prepare a written summary of the decision and the reasons for the decision. The summary will be communicated through the Registrar to the student making the appeal and the Academic Head of the program in which the student is enrolled.

Consequences of Violating this Policy

Disciplinary measures for non-academic conduct offences that might be imposed, singularly or in combination, include but are not limited to:

Warning – A notice in writing to the student that the student is violating or has violated Institute regulations.
Apology – A requirement that the student apologize, verbally and/or in writing.
Temporary or permanent transfer of a student out of one section and into another section of a course.
Probation – A written reprimand for violation of specified regulations. Probation is for a designated period and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
Non-Academic assignments – completion of educational content intended to address or partially address the misconduct in question.
Loss of Privileges – Denial of specified privileges for a designated period.
Institute Community service – completion of unpaid service to the Institute Community (not to exceed 25 hours).
Course Removal – removal of the student from one or more courses for one or more terms.
Short-term suspension – the student will temporarily not be allowed on the Institute campus, physically or virtually, for a period of no longer than 5 business days, nor will they be allowed to receive instruction or access to their courses or submit any assignments during that time.
Fines – Previously established and published fines may be imposed.
Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
Discretionary Sanctions – Work assignments, service to the Institute, or other related discretionary assignments.
Suspension – Separation of the student from the Institute for a definite period, after which the student is eligible to return. Conditions for readmission may be specified.
Expulsion – Permanent separation of the student from the Institute.

Progressive sanctions for repeated offenses:

Where an offense under this policy entails serious threats to the health, safety, or well being of persons or property, or is otherwise of a very serious nature, the Student Conduct Committee may impose a penalty appropriate to the offense, regardless of whether it is a first, second, or subsequent offense by a student. However, normally, Student Conduct Officers and the Student Conduct Committee will apply progressively more harsh penalties to students who repeatedly contravene this policy.

First Offence: One or more of the following sanctions or penalties may be applied for a first offense:

Warning – A notice in writing to the student that they have been found culpable of non-academic misconduct.
Apology – A requirement that the student apologize, verbally and/or in writing for the misconduct.
Probation – A written reprimand for the misconduct, coupled with a designated period of probation with a signed undertaking to not encourage, engage or participate in further instances of misconduct.
Non-Academic assignments – completion of educational content intended to address or partially address the misconduct in question.
Temporary or permanent transfer of a student out of one section and into another section of a course.

Second Offence: In addition to those listed above, one or more of the following sanctions or penalties may be applied:

Loss of privileges – denial of certain privileges, denial of access to some of the Institute/School facilities for a designated period of time.
Fines – Previously established and published fines may be imposed.
Institute Community service – completion of unpaid service to the Institute Community (not to exceed 25 hours).
Course Removal – removal of the student from one or more courses for one or more terms.
Temporary suspension – the student will temporarily not be allowed on the Institute campus, physically or virtually, for a period of no longer than 5 business days, nor will they be allowed to receive instruction or access to their courses, or submit any assignments during that time.

Third or Subsequent Offence: In addition to those listed above, one or more of the following sanctions or penalties may be applied:

Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
Suspension without re-application – suspension from the Institute for a defined period not to exceed 18 months, after which the student may return without re-application. Conditions which need to be met may be specified.
Suspension requiring re-application – suspension from the Institute for a defined period not to exceed 18 months, after which the student is eligible to reapply for admission, starting with the Admissions Department. Re-admission is not guaranteed, and conditions may need to be met prior to the re-admission process beginning.
Expulsion – permanent removal of the student from the Institute. Official records, including the student’s transcript, will read “Involuntary Withdrawal – Student Misconduct.”

Appendices:

Student Conduct Officer – Mandate and Role
Student Conduct Committee – Terms of Reference
Overview of Student Conduct Processes

Appendix 1: Student Conduct Officer: Mandate and Role

Student Conduct Policy requires that a Student Conduct Officer be appointed at each of its campuses, including its online campuses.

The role of Student Conduct Officer will be assigned by the President (having consulted with campus principals) to a person in the Registrar’s Office, Student Services department, or another campus unit.
The Student Conduct Officer is responsible for the administration of the Student Conduct Policy.
When an incident of student misconduct presents risk to persons or property, the Student Conduct Officer will take immediate actions to reduce or eliminate the risk. In doing this, the Student Conduct Officer will:
- Immediately notify the Campus Principal of the event and work closely with the Campus Principal to reduce risk and manage the incident;
- Contact relevant emergency response services when necessary;
- Contact relevant School support personnel as required;
- Be familiar with procedures and protocols for responding to and managing disruptive, illegal, and/or dangerous incidents;
- Prepare for the Campus Principal a written report on the incident and the response to the incident, including any recommendations for improved handling of similar incidents.
When the Student Conduct Officer receives a report of an incident of student misconduct, they will:
- Ensure that an incident report is completed and open a file;
- Investigate the incident sufficiently to determine whether it is in fact an incident of conduct covered by the Student Conduct Policy;
- If appropriate in the circumstances, provide student(s) involved with information about support services available to them;
- Notify the student(s) alleged to have engaged in misconduct that an incident report has been received, of the penalty associated with that misconduct, and the recourses available to them;
- If the student(s) admit that they violated the Student Conduct Policy and agree to the penalty, apply the penalty and add the record of the incident to the student’s record.
- If the Student Conduct Officer is uncertain of the penalty to be imposed or if the student disputes the incident report or the penalty, prepare a summary of the incident and forward it to the Chair of Student Conduct Committee.
The Student Conduct Officer is a member of the Student Conduct Committee
The Student Conduct Officer will report annually to the Campus Principal the number, nature, and disposition of incidents handled under the Student Conduct Policy.

Appendix 2: Student Conduct Committee

Purpose and Functions: The Student Conduct Committee is created by the Institute’s Student Conduct Policy to conduct investigations into alleged student misconduct and recommend penalties for such misconduct.

Composition:

Vice President Academic Services (or designate) (Chair)
Student Conduct Officers from all campuses/locations
Dean of Student Success (or designate)

Note: The Chair may give observer status to any person whose presence will contribute to the process.

Process:

Cases flow to the Student Conduct Committee (SCC) from Student Conduct Officers (SCO) when the penalty recommended by the SCO exceeds the authority delegated to the SCO by policy or when a student disagrees with the SCO’s allegation of misconduct and/or with the penalty imposed or recommended by the SCO.
The SCO will forward a student conduct incident report, copies of any correspondence between the SCO and the student(s) alleged to have acted in violation of the Student Conduct Policy, any additional information in the SCO’s possession, and a summary of the actions taken to date.
The Chair of the SCC will communicate with the student and any other individuals relevant to the alleged incident of misconduct to compile a complete narrative of the event. (Note that it is preferred that the Chair meet with the student and others, in person or via teleconference.)
The Chair of the SCC may conclude that an informal resolution to the incident is possible and proceed to discuss this with the student(s).
Should an informal resolution not be advisable or possible, the Chair of the SCC will convene a meeting of the SCC. Documentation about the alleged incident and matters to be decided will be provided to the members of the SCC and the student. The student will be invited to attend the meeting of the SCC and may be accompanied by an advisor. Note that this meeting is not a trial; it is an investigation and inquiry into the alleged misconduct.
Quorum: The Chair (or designate), Dean of Student Success (or designate), and two Student Conduct Officers constitutes a quorum.
As soon as possible after the investigative meeting, the Chair will communicate the findings of the investigation and any penalties to the student(s) involved.

Outcomes:

If the SCC concludes that the actions of the student(s) did not breach the Student Conduct Policy, the file will be closed and the outcome will be noted in the student’s record.
If the SCC concludes that Student Conduct Policy was violated, a penalty consistent with the Policy and the nature of the offense will be imposed or recommended
If the student believes there are grounds to appeal an outcome, they have the right to appeal to the Standing Committee on Academic and Non-academic Conduct Appeal.

Policies

Fee Refund Policy as Prescribed under s. 25 to 33 of O.Reg. 415/06

Full refunds

Partial refund where student does not commence program

Partial refunds: withdrawals and expulsions after program commenced

Partial refunds: distance education programs

Partial refunds: non-continuous programs

No retention of refund

Treatment of books and equipment

Refund for international students

Currency

Sexual Harassment Policy

Purpose

Audience

Definitions

Policy Statement

Confidentiality And Privacy

Implementation

Employee Sexual Harassment Policy

Purpose

Audience

Procedures

Disclosure

Reporting

Preliminary Assessment

Investigation Procedures

Record Keeping

Standard of Proof

Bad Faith Complaints and Misuse of the Reporting Procedures

Outcomes in Investigations

Discipline

Appeal

APPENDIX A: SUPPORTS & SERVICES PROVIDED TO STUDENTS WHO HAVE EXPERIENCED SEXUAL VIOLENCE

EMERGENCY MEDICAL SUPPORT

COUNSELLING/SUPPORTS OFFERED BY PARTI

OFF CAMPUS COUNSELLING

OFF CAMPUS MEDICAL SERVICES

Policies and Procedures

Student Complaint Procedure

Purpose

Audience

Procedures

Expulsion Policy

Purpose

Audience

Procedures

Procedures Related to Non-Academic Misconduct Incidents and Complaints

Urgent Response Situations

Procedures for Investigating and Prosecuting Non-Academic Offenses

Student Grievances and Appeals

Types of Grievances and Appeals

Consequences of Violating this Policy

Appendices:

Appendix 1: Student Conduct Officer: Mandate and Role

Appendix 2: Student Conduct Committee

Our Commitment

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