Code of Student Rights and Responsibilities

Statement of Discipline and Student Conduct

Nipissing University does not stand “in loco parentis” to its student members, that is, it has no general responsibility for the moral and social behaviour of its students. However, the University recognizes the need for guidelines, regulations and standards of acceptable behaviour, which must be based on a sense of responsibility to the University in its broadest sense and to the members of the surrounding community. The University requires that students conduct themselves in accordance with the laws of the country, province, city, and the policies of the University. Dishonesty, willful misconduct, fraud and failure to respect the rights of others cannot be tolerated in a community which is dedicated to the development of responsible individuals.

The University reserves the right to terminate, at any time, its relationship with any student whose disruptive* behaviour is deemed to be detrimental to the purposes and goals of the University. All students should be familiar with the regulations printed in the University Calendar as well as specific policies published from time to time.

*Definition: Disruptive behaviour applies to behaviour that persistently or grossly interferes with academic and administrative activities or reputation of the University.

Preamble of Student Rights

At Nipissing University, students are free to think, speak, write, create, study, learn, pursue social, cultural and other interests, and freely associate together for all these purposes, subject to the requirement that they respect the rights of members of the University and general community to pursue these same freedoms and privileges. In order to secure these rights, the University will use its best efforts to ensure the following:

1. That those who wish to teach and those who wish to learn can do so under proper conditions;
2. That academic and general facilities are available to those who wish to use them for their normal purposes;
3. That freedom of movement and freedom from harassment are protected;
4. That all property, including records, documents, and the like is protected;
5. That those who wish to file a complaint have the right to do so without fear of reprisal.

Authority and Jurisdiction of Academic and Non-Academic Policies

By registering at the University, a student agrees to be bound by all of its rules and regulations, both academic and non-academic.

This Code of Student Rights and Responsibilities policy is intended to be applied to any student whose behaviour is deemed to be detrimental to the purpose and goals of the University provided that such behaviour:

1. Has not been dealt with as a failure to meet standards of professional conduct as required by the faculty;
2. Is not assigned to another jurisdiction, as in the case of Policy on Academic Dishonesty or the Policy on Personal Harassment and Discrimination; or
3. Occurs on the premises of Nipissing University or elsewhere in the course of activities sponsored by the University.

Standards of Student Responsibilities

All Students are expected

1. To abide by all federal, provincial and municipal laws;
2. To refrain from conduct which harms or threatens harm to:
• The proper functioning of University programs or activities both on and off campus which include but may not be limited to teaching, studying, research, administration, student events, meetings and other services;
• The rights of members or guests of the University;
• The safety and well-being of members or guests of the University and surrounding community;
• The property of the University or of its members or guests.
3. To refrain from
• Assaults or threats of assault;
• Harassment or discrimination in contravention of the principles articulated in the policies of the University, the Ontario Human Rights Code or the Canadian Charter of Rights and Freedoms;
• Theft, defacement or destruction of property;
• Unauthorized entry or trespass.
4. To abide by the regulations, rules, practices and procedures of the University and academic and administrative units;
5. To abide by reasonable instructions given orally or in writing by any official of the University authorized to secure compliance with regulations, rules, practices and procedures provided that the official is identified and is acting in an official capacity.

Discipline Procedures

1. Minor breaches of the Code will normally be dealt with in the department where it occurs; however, where warranted, the officer where the incident occurs will notify the Assistant Vice-President, Students if satisfactory resolution cannot be achieved or if the nature of the infraction is such that it is a serious breach of the standards as set out above.
2. Any person may submit a complaint of misconduct to the Assistant Vice-President, Students.
3. The Assistant Vice-President, Students shall conduct an investigation to determine if the complaint has merit and/or if it can be disposed of informally by mutual consent of the parties involved on a basis acceptable to the Assistant Vice-President, Students.
   If an informal disposition of the complaint results, it shall be final with no subsequent proceedings.
4. When an informal resolution fails or is not deemed appropriate by the Assistant Vice-President, Students, then the Assistant Vice-President, Students shall inform the student in writing of the nature of the complaint and possible sanctions. The student will be given 15 working days to meet with the Assistant Vice-President, Students, present evidence and discuss the matter.
   The Appellant, the Assistant Vice-President, Students and the Student Discipline Appeal Committee each has the right to invite a person, excluding legal representation, to assist in the process in a supportive, advisory, and/or advocacy capacity. Such persons may be present at all meetings of the Committee after the informal stage.
5. If the Assistant Vice-President, Students finds there has been misconduct he/she may impose an appropriate sanction or sanctions.
6. If the student does not meet with the Assistant Vice-President, Students after 15 working days, the Assistant Vice-President, Students may proceed to dispose of the complaint without such a meeting.
7. The decision of the Assistant Vice-President, Students shall be communicated in writing to the student. If there is misconduct, a copy of the decision will be retained in the office of the Assistant Vice-President, Students and a copy of the final report will be forwarded to the appropriate officers on a “need to know basis”.
8. The University, through its appropriate officers, may discipline students through any one or a combination of the following, which will be applied according to the severity of the offence: (see item i)
1. Informal warning: An oral statement to a person, or group, indicating their actions to be unacceptable, which may also be confirmed in writing.
2. Formal warning: A written notice to the individual or individuals stating the nature of the breach of policy, and the expected corrective actions to be taken. A formal warning will only be given after discussion among all parties affected by the breach of policy and the appropriate administrative officer.
3. An order for restitution: Reimbursement to the University or individual for damages to equipment, materials or property, or reimbursement for replacement costs of same.
4. Discipline probationary period: Defined time during which a repeated incident will be grounds for the imposition of another penalty.
5. Suspension or expulsion from a faculty, facility or particular course by the Assistant Vice-President, Students may be imposed when it has been determined that the offense committed is of a serious enough nature that continued registration threatens the function of the University. Before suspension or expulsion from a faculty, the Assistant Vice-President, Students shall give the student notice of the allegations and an opportunity to respond to them.

Notwithstanding the above sanctions, the University may also in appropriate cases seek legal redress.

Transcript Notations

1. The symbol WDR (withdraw), will be entered in the grade column in the student’s academic Transcript and Grade Report for the courses in which the student is required to withdraw (for non-academic offences).
2. The notation “suspended” or “expelled” from the “Faculty or University” for “non-academic offences” will be entered on the student’s academic Transcript and Grade Report upon receipt of such notice from the Assistant Vice-President, Students.
3. The record of a student will be cleared of the notation “suspended” or “expelled” from the “Faculty or University” upon re-admission to, and successful completion of, a degree program. The F grades and the symbols WDR will remain as such.

A student may appeal that the notation “expelled” be expunged from the transcript through a direct appeal to the President of the University after a minimum of five years from the date of expulsion.

Appeals

Students may, within 15 working days, appeal orders requiring withdrawal from a course, for restitution, probation, or suspension from a facility for non-academic reasons, in writing to the Student Discipline Appeal Committee, via the Assistant Vice-President, Students, on the following grounds:

1. To determine the decision was conducted fairly in light of new information or other relevant facts not known at the time of the original decision;
2. To determine that the decision was based on substantial information and that the code of Student Rights and Responsibilities was violated;
3. To determine whether the sanctions imposed were appropriate.

At the same time, students may request in writing, through the Assistant Vice-President, Students, that the Student Discipline Appeal Committee stay the decision pending a request for appeal.

The Student Discipline Appeal Committee will, within 15 working days, render a decision to grant an appeal and whether or not to stay the sanction.

The Student Discipline Appeal Committee will render a decision on the appeal within 30 working days of reviewing the written appeal and that decision is final.

Student Discipline Appeal Committee

1. Composition
• Student representatives elected by NUSU (2)
• One graduate student elected by his/her peers
• Dean (alternating – 1)
• Faculty representative (2) elected by NUFA
• 4 voting members for a quorum
• A Chair will be elected from within the group annually
2. Mandate

1.      i.        To review cases of disciplinary action against any students who feel that they have been unfairly sanctioned and to render a final decision either for or against the sanction.

2. To impose appropriate sanctions on students who are in violation of the Code of Student Rights and Responsibilities.
2. The Student Discipline Appeal Committee will meet as required.
3. Conflict of Interest
0. Prior to consideration of an appeal, the Committee shall determine if any member has a conflict of interest in the matter being appealed.
1. A member of the Committee shall be deemed to have a conflict of interest if the member has had any direct responsibility in the matter being appealed, or the member has been associated with the Appellant such that there would be an actual or perceived obstacle to objectivity in determining on the matter being appealed.
2. The Appellant may specifically identify by name any Committee member whom the Appellant believes to have a conflict of interest and shall so state the reasons to the Chair.
3. Where a difference of opinion arises on the question of any member’s conflict of interest, the matter shall be decided by a simple majority vote of the Committee, excepting the member under consideration. The member under consideration shall be absent from the vote.
4. Where a member declares, or it is determined, that a conflict of interest exists, said member shall be disqualified from taking part in the deliberations and that member’s place on the Committee shall be taken by an alternate chosen by the Committee.

Decisions of the Committee

1. Decisions on appeals shall be reached on the basis of a simple majority vote of those members present and eligible to vote on the particular appeal. The Chair will vote only in the event of a tie.
2. The Chair shall send to the Appellant and the Assistant Vice-President, Students, the written decision of the Committee within five calendar days.
3. The decision shall provide written reasons which set out fully and clearly the grounds for the decision.
4. The decision shall be signed by the Chair and all Committee members who participated in the decision.
5. The decision of the Committee is final.

All minutes, notes, and other documents, including a copy of the Committee decision, shall be kept on file in the office of the Assistant Vice-President, Students for six months and then destroyed. For the most current copy of the Code of Student Rights and Responsibilities please refer to the website or visit the Office of Student Development and Services.