Policy

1. Each student registered at Lambton College is a member of the College community. Each student, upon registration at the College, contractually agrees to be governed by Lambton College's policies, guidelines and regulations including the Code of Conduct. 
2. This document applies to all Lambton College students when on any property owned or leased by, or under the care and control of, the College, or when participating in any learning experiences associated with the College and when in attendance at any College-sponsored events or functions. This document also governs internet communications and other “off campus” conduct by Lambton College students that engages the College's duty to provide a safe and harassment free learning and working environment or that otherwise engages the College's legitimate interests.
3. Breaches of Academic Integrity are outside the scope of this policy, and are governed by Policy 2000-1-20 – Academic Integrity.

Student Rights

1. All students at Lambton College enjoy certain rights generally as a citizen and particularly as a student.
   1. Like all other individuals in Ontario, students enjoy rights under both the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. These rights are subject to limits described in those documents and as prescribed by law as can be demonstrably justified in a free and democratic society. The extent of a right or a freedom may reasonably vary with the circumstances so that an exercise of a right which may be appropriate in a public place may not be appropriate in an educational institution.
   2. Students have rights, under the Freedom of Information and Protection of Privacy Act of Ontario, to see any records which are made about them and to have records remain secure and private for College purposes only, subject to limitations on those rights contained in that statute. Records include biographical information, letters and memos, grades, papers, projects, and other work submitted, as well as commentaries made about a student's performance in work-integrated learning situations and may be stored in a variety of media.
   3. Students have the right to an environment that is safe, secure, and free from harassment and/or discrimination in which they can study, play and interact with freedom from:
      1. Abuse of authority - Students should be free from abuse resulting from the improper use of authority such as intimidation, threats, or coercion.
      2. Reprisal - Students should be free from any reprisal or threat of reprisal as a result of exercising any legal right or making any legitimate complaint or appeal.
      3. Harassment - Students should be free from harassment, intimidation, threats, and physical, emotional or psychological abuse from any member of the College community.
      4. Hate and Racism - Students should be free from all forms of racism and hate including but not limited to anti-Indigenous racism, anti-Black racism, antisemitism, and Islamophobia.
      5. Ridicule and Humiliation - Students should be free from ridicule or other forms of humiliation by any member of the College community.
      6. Threats to Security of Person or Personal Property - Students should be free from all threats to their person and their personal property by any member of the College community, and from unreasonable search and seizure.
   4. Students have the right to receive instruction in the College course or program in which they are registered subject to reasonable limits including those limitations set out in the College Calendar, statutory limitations, lawful work stoppages, acts of God or circumstances otherwise beyond the control of the College.
   5. Students have the right to receive instruction free from unreasonable disruptions and intrusions unless they are beyond the control of the College.
   6. Students have the right to be impartially graded and to appeal any evaluation or decision that affects their grades.
   7. Students have the right to receive the academic information necessary to understand the requirements to successfully complete their course or program of study, including course outlines for each course of study.
   8. Students have rights of ownership over any work submitted for which the College does not supply the materials. The rights of ownership may not extend to work undertaken during work-integrated learning experiences. Students must make the effort to recover submitted work. The College will only store student work for the time required by applicable legislation or regulations, at which time it will be disposed of.
   9. Students have the right to have the laws of natural justice prevail in official procedures. This statement implies: impartial arbiters, advanced notice of all complaints, sufficient time to prepare for a hearing, opportunity to testify and present evidence, early access to all information and documentation upon which judgments are to be made, access to and use of an advisor, the opportunity to review the decision, and the timely resolution of issues. In the case of summary offenses (for example, those related to smoking or parking) a hearing is not required but the student retains the right to request reconsideration.
2. It should be well noted that although all students enjoy the above rights, the rights and the enjoyment of them are not unlimited. Limitations on rights, freedoms and privileges can be imposed by legal authorities, by College disciplinary sanctions, or by the overriding rights of others.

Student Responsibilities

1. As a citizen and as a student, each student has certain responsibilities. Failure to recognize, accept and meet these responsibilities may lead to inappropriate and unacceptable conduct. Such conduct may result in sanctions being imposed on the student by the College.
   1. Students have a fundamental responsibility to be familiar with and obey the general law of the land (Criminal Code of Canada and other Federal statutes and regulations, Provincial statutes and regulations and by-laws of municipalities).
   2. Students have a responsibility to be familiar with and comply with the policies and regulations of the College in both academic and non-academic matters.
   3. Students have a responsibility to respect the physical and emotional well-being and the sense of personal worth and dignity of all members of the College community.
   4. Students have a responsibility to respect the rights of other members of the College community to receive instruction, to use College premises, to work and to study without unreasonable disturbance, disruption, hindrance or threat to safety.
   5. Students have a responsibility to assist in all reasonable ways to maintain good order and an environment that is conducive to the learning process.
   6. Students have a responsibility to conduct themselves honestly and with integrity in all business, academic, and personal activities with all members of the College community.
   7. Students have a responsibility to respect the professor's right to establish standards for classroom behaviour and decorum; determine the learning and evaluation activities, methods and processes; and, generally, conduct the course in the manner that the professor determines to be appropriate.
   8. Students have a responsibility to recognize and respect the legitimate exercise of authority whether it be the authority of a professor in a teaching environment, an employee in an administrative service, or a protective security officer performing security duties.
   9. Students have a responsibility to respect College property.

Code of Conduct

Lambton College's Code of Conduct is designed to promote behaviour that aligns with the College's values and reflects the honesty, integrity, trust, and fairness expected in the actions of all members of the Lambton community. Each student enjoys rights and is expected to uphold responsibilities as a citizen and a student.  Each student is expected to adhere to the laws of the land and the policies and regulations of the College.  Further, the College expects each student to behave in a manner that does not interfere with the basic purposes and processes of the College as an educational institution or infringe on the rights of other members of the community or lessen their enjoyment of the College community.  More specifically, the College expects each student to behave in a manner that is consistent with the Lambton College Code of Conduct.

The Code of Conduct

1. Each student will:
   1. act in a manner that respects the dignity of others and promotes co-operation, goodwill and mutual respect;
   2. act in an honest and ethical manner;
   3. assist in the maintenance of good order within their environment and refrain from creating a disturbance or a disruption to activities;
   4. respect College and personal property and refrain from damaging or stealing property;
   5. respect the regulations of the College;
   6. behave in an environmentally responsible manner;
   7. cooperate with officials acting in the performance of their duties.
2. Behaviour that is inconsistent with the Code of Conduct will lead to sanctions by the College, up to and including suspension or expulsion.

Misconduct

1. Inappropriate behaviour or misconduct by a student requires the College to take appropriate actions. The following behaviours and actions are contrary to the Code of Conduct and will result in sanctions against any student who:
   1. assaults any member of the College community during any College activity;
   2. acts in a manner that threatens or intimidates or is verbally abusive of any member of the College community, even if there is little likelihood of the threat being carried out;
   3. harasses any person on any grounds whatsoever, (e.g. gender, sex, gender expression, gender identity, ancestry, place of origin, colour, ethnic origin, citizenship, marital status, family status, disability, race, creed, sexual orientation, age, or economic status) whether by words, gestures or other acts (Sanctions may be enforced through other separate policies and regulations established by the College.);
   4. Causes physical injury, attempts to cause physical injury or threatens to cause physical injury to any member of the College community;
   5. makes false statements, whether written or spoken, that are damaging to the reputation of another member of the College community;
   6. commits an act of theft on College property, or an act that affects the property of the College or any member of the College community (Theft includes the retention of College property, lawfully gained through authorized borrowing, after the date for its return or after demands for its return have been made.);
   7. recklessly damages College property or the property of any member of the College community;
   8. enters any part of College property where that student has no reason or right to be or who enters College property after having been excluded from entry by a sanction or order of the College;
   9. accesses or uses College-provided computing facilities for purposes other than those for which the facilities have been provided or who interferes with the operations of such facilities;
   10. misrepresents any fact to the College or fails to disclose a fact, where this action has a material effect upon the College's relationship with the student, or who assists another person to do so;
   11. disrupts a class, laboratory, placement situation, extra-curricular activity, or resource center, whether by sounds or actions, or by failing to follow the directions of any teacher, or other person in authority;
   12. creates a disturbance anywhere on College property, whether by sounds or actions, or otherwise interferes with the peaceful use of College property by others;
   13. creates a false alarm on College property, by any means;
   14. possesses anything designed to be used or intended to be used as a weapon on College property or during any College activity;
   15. is intoxicated by alcohol, or cannabis or cannabis products, or illegal substances or is in possession of an alcoholic beverage, (except as permitted under the laws of the Province of Ontario) while on College property or in a College activity;
   16. is unlawfully in possession of any substance or who contracts for the sale of any substance prohibited under the Narcotic Control Act or the Food and Drugs Act while on College property or while involved in a College activity;
   17. violates other College policies, procedures and regulations;
   18. violates any statute of Canada or the Province of Ontario while on College property or involved in a College activity, or commits a violation which engages the College's duty to provide a safe and harassment free learning and working environment, or the College's legitimate interests.
2. In cases where a student may be subjected to civil or criminal proceedings, the College may institute concurrent disciplinary proceedings without regard to the foregoing.
3. The above list of inappropriate behaviours is not exhaustive or delimiting.

Sanctions

1. Decisions on whether a student has engaged in prohibited conduct will be based upon a review of information and facts provided by the parties involved, gathered by the investigating officer and assessed on the standard of balance of probability. The sanction(s) will reflect the severity of the misconduct, aggravating and/or mitigating factors, and any previously levied sanctions, and may vary accordingly. More than one of the sanctions listed below may be imposed for any single violation.
2. The following sanctions may be imposed upon a student found to have behaved in an unacceptable manner:
   1. Admonition and Warning - a notice to the student that the student is violating or has violated an institutional regulation or the Code of Conduct.
   2. Probation - a written reprimand for violation of specified regulations or the Code of Conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found guilty of further violations during the probationary period.
   3. Loss of Privileges - denial of specified privileges for a designated period of time.
   4. Restitution - compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacements.
   5. Work assignments, service to the College, or other relevant assignments.
   6. Behavioural Contract - a written agreement between the student and the Dean that specifies conditions that must be met and followed by the student in return for re-admission to specific College activities and that if contravened may result in further sanctions including suspension or expulsion.
   7. Fines
   8. College Suspension - separation of the student from the College for a definite period of time, after which the student is eligible to apply to return. Conditions for re admission and registration may be specified. A written trespass warning notice may be issued. The imposition of this sanction requires its recommendation by the Registrar, Dean or Director who was responsible for the discipline hearing to the Senior Vice-President, Academic & Student Success for approval. Grades, fees, the transcript, etc. will be treated the same as described below under Academic Sanctions for a suspension. The notation on the transcript may be omitted at the discretion of the Dean or Registrar.
   9. College Expulsion - permanent separation of the student from the College. A written trespass warning notice may be issued. The imposition of this sanction requires its recommendation by the Registrar, Dean or Director who conducted the discipline hearing to the Senior Vice-President, Academic & Student Success for recommendation to the President for approval. Grades, fees, the transcript, etc. will be treated the same as described below under Academic Sanctions for an expulsion.
3. Disciplinary decisions and sanctions shall be made part of the student's official record for College administrative purposes.
4. The College reserves the right in all cases, and notwithstanding the immediately following section, on the basis of information and comment provided to it, to undertake and institute interim measures to ensure the safety of the College community or any members of it, or to meet the demonstrated needs of a complainant, for the duration of the investigation when, in its judgment, there is a need to do so. For example, a respondent may be moved from a complainant's residence, restricted from entering certain parts of campus and/or restricted from attending class. The College will also take steps to minimize the impact of interim measures on respondents. While interim measures are not, nor intended to be, disciplinary, non-compliance will be considered a violation of the student code of conduct. The College may impose interim measures immediately, without a hearing. Respondents may ask the College to review a decision to impose interim measures, but only to address the impact of the imposed measure and the preference for other alternatives.

Suspension of a Student by the Senior Vice-President, Academic & Student Success

1. In certain circumstances, the Senior Vice-President, Academic & Student Success, or the President, may impose an indefinite suspension or expulsion prior to a hearing. Such suspensions may include the issue of a written trespass warning notice, in accordance with s.2 of the Ontario Trespass to Property Act.
2. Such a suspension will be imposed:
   1. To ensure the safety and well-being of members of the College community or preservation of College property; or
   2. To ensure the student's own physical or emotional safety and well-being; or
   3. If the student presents a definite threat of disruption or interference with the normal operations of the College
3. During this suspension, the student shall be denied access to College premises, services and participation in College activities for which the student might otherwise be eligible.
4. Written trespass warning notices shall be communicated immediately by the Registrar to the Senior Vice-President, Strategy and Corporate Services, the Director of Facilities and affected employees and students.

Discipline Procedures

Student Misconduct 

Responsibilities

1. All College managers have the authority and responsibility to keep necessary order and to respond to acts of student misconduct. 
2. The official authority for carrying out formal College disciplinary hearings rests with the Registrar or senior academic administrator of the student's academic school (Dean, Associate Dean, Director, Chair), hereafter referred to as the Dean, of the program in which the alleged student offender is enrolled.  If the alleged misconduct occurs within the classroom, lab or other academic or teaching venue or is directly a part of the teaching-learning process, then the Dean will be responsible for the disciplinary hearings.  Otherwise, the Registrar will be responsible.    
3. For first or minor cases of misconduct occurring in or about the student residences, or having to do with parking or smoking matters, or having to do with the use of the College information systems and information technology, authority for disciplinary hearings and actions may be delegated by the Registrar to the manager responsible for the residence, the manager responsible for facilities or the manager responsible for the information systems and technology, respectively.
   
4. When confronting student misconduct, professors are expected to take whatever immediate action is needed to ensure the continuing order of their classes and safety of their students.

Charges and Hearing Procedures

1. Any member of the College community may submit to College officials an oral report, on a minor matter, or a written report of student misconduct.
2. A description of any incident or behaviour giving rise to a charge of misconduct, shall be submitted or transmitted to the Registrar or appropriate Dean.  Incidents of misconduct shall be reported as soon as possible after they have taken place.  
3. In cases of summary offence (e.g. parking, smoking), a notice will be issued to the student detailing the offence and the review process.  A hearing shall not be required prior to the implementation of a sanction.
4. In all cases other than summary offences, a time shall be set for a disciplinary hearing, not fewer than two nor more than ten school days after the student has been notified of the charges of misconduct.  Maximum time limits for scheduling of hearings may be extended at the discretion of the Dean or Registrar or delegate and minimum time requirements may be waived by the student.
5. A written copy of all complaints and charges of misconduct shall be given on request to the student(s) involved where the sanction may involve substantial fines, suspension of more than three days or expulsion.
6. The student will be informed of the manner in which the defence case may be presented by the student as well as possible outcomes from a finding of misconduct. The student may bring an advisor or support person to the Hearing.
7. The Dean or Registrar or delegate will review the incident(s) leading to an allegation of misconduct and obtain additional information, if required.  All information on which decisions are to be based will be shared with the principal parties concerned.
8. The person conducting the hearing will notify the student of the decision and any sanction to be imposed, copying the Registrar. Such notice will include reference to the right to request reconsideration.   

Request for Reconsideration of Discipline Decisions

If the respondent or complainant disagrees with the interim measures, disciplinary decision or sanction arising from misconduct, a request for reconsideration can be made, following the policy and procedures documented within the Student Appeals Policy.

Definitions

Complainant

A person who advises the College that he/she has been subjected to, has witnessed, or has been informed of harassment, bullying or discrimination, or who, as a third party, initiates a complaint on behalf of another, with that person's consent.

Respondent

A person against whom a complain of harassment, bullying, or discrimination has been made.