Student Code of Conduct

Procedure Number: 
001
Policy Number: 
3205
Responsibility: 
Vice-President, Academic
Approved: 
Program Council
Effective: 
December 15, 1998
Last Amended: 
October 1, 2015
Review: 
October 1, 2020
Procedure Statement: 

Preamble:

In keeping with the Student Code of Conduct policy these procedures are implemented to maintain an environment of honesty, mutual respect, civility and good citizenship.  Where possible, and in instances of minor infractions, JIBC will endeavor to mitigate the situation informally.  These procedures are intended to provide guidance when an informal process is not possible or when an infraction is considered to be of a serious nature. 

Conduct Involving Safety or Risk:

  1. This procedure does not replace the need for all employees of JIBC to use their discretion related to believed student misconduct.  All normal measures to secure the safety of students, employees and visitors are to be used including emergency contact with security personnel or 911 emergency calls if the conduct involves risk or safety concerns.    
  2. Where there is a real or perceived risk of injury or harm to any person or property, the student may be asked to leave JIBC property immediately pending and during an investigation into the allegation of misconduct. 

Informal Resolution of Student Misconduct:  

  1. JIBC encourages, where appropriate, the informal resolution of student conduct issues. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behavior.
  2. Within the classroom (field, on campus or on-line), the instructor is responsible to manage the classroom behavior to ensure a positive learning environment.
  3. When an instructor or staff member determines or believes, either through personal observation or through a third party report, that a student has committed any act contrary to this policy, the instructor or staff member and program manager and/or Director responsible for the program shall investigate or review and decide the severity of the infractions.  If the situation is deemed to be minor the instructor or Director will meet with the student and review the circumstances of the suspected violation within the context of this policy.
  4. The student will be afforded the opportunity to explain his/her behavior and will receive clear indication of what element of the policy was breached and the expectations of their conduct at JIBC. 
  5. Depending on the severity of the infraction, the student may be granted an opportunity to correct their behavior but will also be alerted to the consequences of any continued breach of the policy.
  6. A record of the informal resolution will be kept in the office of the Director or Program Director (where this is no Director) of the academic Division responsible for the program but separate from the student’s official educational file.
  7. If the situation is deemed to be more serious than first expected the Director or staff member will follow the formal procedures outlined below. 

Initiating Formal Procedures:

  1. Where an instructor or JIBC staff member determines that a perceived violation of this policy by a student was a serious violation of policy warranting formal actions, they shall work with the Director and the Director shall complete a formal Report of Violation of the Policy on Student Code of Conduct (a “Report”), and submit that to the Dean responsible for the program.  This report should be in writing, but in cases of urgency may be made verbally and confirmed in writing within 2 business days after the report (the “Report”.)
  2. The Dean or his/her designate[1] will, within five (5) business days of  receipt of the Report, consider the alleged act(s) of misconduct and decide: 
    1. that the allegations are not serious enough to be considered under the formal process or do not constitute misconduct under the Student Code of Conduct Policy and decline to act on the Report; or
    2. that the matter should be addressed under another policy or in another forum, and refer the matter to the appropriate person; or
    3. that the matter should be addressed under the Student Code of Conduct Policy.

The Dean may interview the student, the instructor, or any other relevant person in order to make this determination. 

  1.  The Dean will notify the person who made the Report of their decision.
  2. If the Dean determines that the matter will be addressed under the Student Code of Conduct Policy, she/he will refer the Report to a senior staff member(s) within five (5) business days of their decision (the “Investigator(s)”) for investigation. 
  3. The investigator(s) will ensure that the student, relevant staff members, the Registrar and Director of Student Affairs, and the Dean are notified of the investigation and the estimated timelines for completion
  4. The Investigator(s) will advise the student of the process that will be followed. The process will include an opportunity for the student to respond to the allegation(s) of misconduct.
  5. The Investigator(s) will advise the Dean, in writing, of the results of the investigation, normally within ten (10) business days of commencing the investigation. 

Applying Disciplinary Measures:

  1. The Dean will review the results of the investigation and determine whether the student is in violation of the student code of conduct and, if so, what discipline is appropriate.
  2. The Dean will then review the results of the investigation with the student, and the student will have an opportunity to respond. Normally this will occur within five (5) business days of the Dean receiving the Investigator’s results.
  3. Disciplinary action may include, but is not limited to, one or more of the following:
    1. Warning or reprimand – A written warning or reprimand to the student and can be given with or without other disciplinary measures.
    2. Student Conduct Contract - A formal document specifying conditions of conduct for a defined length of time to which the student must abide and which the student must meet.  Failure to meet the requirements may lead to more severe disciplinary measures.
    3. Restriction or prohibition of access or use – A denial for a specified period of time of, or conditions imposed on, a student's right to access to or use of any part or all of the institute’s lands, equipment, facilities, services, activities, programs, meetings, or events or those held by, on, or in association with the Institute.
    4. Probation - Probation is a formal disciplinary action by JIBC and becomes part of the student's official record. The student will receive a letter making clear the finding of misconduct, and stipulating the period of time for which he/she is on probation. It gives a strong warning to the student but provides an opportunity to clearly understand JIBC expectations, to learn from experience and to incorporate the experience into his/her overall development. It may include specific restrictions for student access to JIBC facilities and services and may include other requirements such as additional academic work and/or counselling. It will make clear that further violations under JIBC policy will result in further disciplinary action up to and including suspension from JIBC.
    5. Suspension - Suspension is a formal disciplinary action by JIBC and becomes part of the student's official record. The student is suspended from all academic and extracurricular activities at JIBC and may also be restricted from access to JIBC facilities - normally for a period of not less than one year. The student must reapply for admission at the end of the period of suspension and JIBC may stipulate additional requirements for readmission. Only the President has the authority to suspend. 
    6. Discretionary Measure - Any other disciplinary measure that seems warranted under the circumstances (e.g.: letter of apology, service to the institution, etc.)
      1. If the Dean determines that the appropriate response is suspension they will make that recommendation to the President for consideration. 
  4. The Student will be advised of the Dean’s decision in writing within ten (10) business days of receipt of the results of the investigation. The Dean’s decision will set out the allegation of misconduct, the key facts upon which the Dean relied to reach her/his decision, any aggravating or mitigating circumstances, and her/his decision.
  5. A record of any disciplinary action shall be documented in the student information system and becomes a part of the student file  

Filing a Notice of Appeal: (non-suspension)

A student may seek an appeal to the disciplinary measure however, during an appeal all disciplinary measures remain in effect.

  1. To commence an appeal, the student must deliver a Notice of Appeal to the Associate Registrar (or delegate), within ten (10) business days of the notice of final finding.
  2. The student’s Notice of Appeal must include all of the following:
    1. A copy of the decision being appealed; and  
    2. A statement from the student setting out the basis for the appeal, which must be one or more of the following: 
      1. that there was procedural unfairness in the process 
      2. that the penalty imposed was inappropriate 
      3. that new evidence has emerged that was not available for the investigation which casts significant doubt on the accuracy of the Dean’s decision; and  
      4. The resolution sought on the appeal; and 
      5. Any relevant information and supporting documentation; and  
      6. Contact information for the student
  3. The Associate Registrar (or delegate) will determine if the Notice of Appeal contains the required elements outlined above. Where the Notice of Appeal does not contain the required elements, it will be returned to the student with identified gaps.   The Associate Registrar, may, at their discretion, extend the deadline for appeal.
  4. Within five (5) business days of receipt of the appeal the Associate Registrar (or delegate) will convene an appeal panel consisting of five (5) members to hear the appeal.
  5. The members of the appeal panel will usually include: a Dean from another department who will act as chair, an instructor, a Program Council member, and a staff member. The Associate Registrar (or delegate) will be the fifth member of the appeal panel and will be a non-voting member of the committee. None of the panel members are to have been substantially involved in the conduct case prior to their appointment to the panel.
  6. The Chair of the appeal panel will contact the student and arrange a suitable date for the appeal hearing. The Chair will endeavour to conduct the appeal within ten (10) business days of receipt of the Notice of Appeal, but that period may be extended if the appeal is complicated or if the student or others with information that should be considered are not available within that time period.
  7. Appeal hearings are private and not open to the public.
  8. The student may have a single support person present at the hearing; the support person may not speak on behalf of the student.
  9. If the student requires accommodation for a disability they are to notify the Chair in a timely manner, in advance and consistent with existing institutional policy.
  10. The appeal committee will determine the procedure to be followed during the hearing that will include the ability of the student to make submissions in response to the allegations against him or her. Any information or documents received during the appeal will be shared with all parties.
  11. At the conclusion of the appeal the panel will deliberate and within five (5) business days of the conclusion will deliver a decision.
  12. The appeal panel may:
    1. uphold the decision of the Dean 
    2. reverse the decision of the Dean 
    3. return the decision to the Dean for reconsideration based on new evidence submitted by the Student or
    4. vary the discipline imposed by the Dean.
  13. The decision of the appeal panel is final, except in cases where the decision is a referral to the President with a recommendation that the student be suspended.

Decision to Suspend:

  1. The President has the authority under the College and Institute Act to suspend a student from the institution. The President will notify the student, in writing, of his/ her decision to suspend the student and the terms, if any, of the disciplinary suspension.
  2. Disciplinary Suspension is a formal disciplinary action by JIBC and becomes part of the student's official record. The student is suspended from all academic and extracurricular activities at JIBC and may also be restricted from access to JIBC facilities - normally for a period of not less than one year. The student may reapply for admission at the end of the period of suspension and JIBC may stipulate additional requirements for readmission. Only the President has the authority to suspend.

Appeals of Suspensions:

  1. If the President suspends a student, the student has the ability to appeal to the JIBC Board of Governors (the Board).
  2. To bring an appeal to the Board, the student must file a Notice of Appeal to the Board within twenty (20) business days of the President’s decision. The Notice of Appeal to the Board must contain:
    1. a copy of the President’s decision 
    2. a copy of the appeal committee  decision  
    3. a copy of the Dean’s decision
    4. the allegation(s) of procedural unfairness that the student relies on for the appeal
    5. the resolution sought on the appeal
    6. any relevant information, and supporting documentation
    7. contact information for the student.
  3. The Appeal to the Board will be conducted in accordance with the Board’s Student Appeal Guidelines in place at the time.

Privacy and Confidentiality:

  1. Confidentiality - All persons involved in the investigation will be advised that they are required to keep the allegation and information relating to the allegation confidential, and they are not to disclose the allegation or information to others, except as may be expressly permitted or as required by law. Participants should be aware that confidentiality is expected, but that anonymity cannot be guaranteed.
  2. Application of the Freedom of Information and Protection of Privacy Act (“FIPPA”) - Investigations into allegations of student misconduct require frank and confidential communications and JIBC takes the position that documents and information acquired through the investigation process may be an unreasonable invasion of individuals’ personal privacy. Records of the investigation will be disclosed only to the extent permitted under JIBC policy on Freedom of Information and Protection of Privacy Policy and/or as compellable under the BC Freedom of Information and Protection of Privacy Act.


[1] For the remainder of this procedure where the term Dean is used this is also interpreted to be Dean or delegate when the Dean is not available.

Last updated August 22, 2016