1. Introduction:
Nipissing University is dedicated to cultivating a campus community where students thrive academically, socially, and personally. Our Code of Student Rights and Responsibilities (hereafter referred to as the Code) emphasizes restorative and holistic approaches to address student behaviour, emphasizing accountability, growth, and community well-being. This Code serves as a guide for students to uphold the values of integrity, respect, and responsibility in all aspects of their University experience.
2. Core Values:
Restorative Practices: We believe in addressing harm and conflict through restorative practices that prioritize healing, reconciliation, and repairing harm to the community, where possible.
Holistic Development: We recognize that student conduct is shaped by various factors, and we are committed to supporting the holistic development of students by addressing underlying issues and promoting personal growth.
Equity and Inclusion: We are dedicated to fostering a campus environment that values diversity, equity, and inclusion, and we strive to address Code matters with fairness, sensitivity, and cultural competence.
3. Scope of the Code
This Student Code of Rights and Responsibilities is intended to be applied with any actively enrolled student at Nipissing University whose behaviour may be in violation of the principles outlined within, provided that the problematic behaviour:
- It is not assigned to another jurisdiction, as in the case of the Policy on Academic Integrity, or the Respectful Workplace and Learning Environment Policy;
- occurs on the premises of Nipissing University or elsewhere in the course of activities associated with the University;
- cannot or should not (due to severity or conflict of interest) be handled in a specific department where the behaviour has occurred.
4. Principles Covered in the Code:
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:
- that those who wish to teach and those who wish to learn can do so under proper conditions;
- that freedom of thought, expression and inquiry are protected;
- that the freedoms to pursue knowledge, engage in academic discourse, and respectfully disagree with others are protected;
- that academic and general facilities are available to those who wish to use them for their normal purposes;
- that freedom of movement and freedom from harassment are protected;
- that all property, including records, documents, and the like is protected.
Respectful Behaviour:
- Students shall treat all members of the University community and guests of the institution with respect and dignity, regardless of differences in background, identity, or perspective.
- Students shall treat all University property, as well as the property of its members and guests, with respect; refraining from theft, damage, defacement, destruction or otherwise altering these properties.
- Students shall treat all University facilities with respect; refraining from damage, defacement, unauthorized entry, trespass, or otherwise violating these facilities.
- Discrimination, harassment, intimidation, and bullying are unacceptable.
Personal Conduct:
- Students shall conduct themselves in a manner that reflects positively on themselves and the University.
- Students shall prioritize the safety and well-being of themselves and others.
- Students shall comply with all university policies, regulations, rules, and applicable Federal, Provincial and Municipal laws, both on and off-campus.
- Students shall refrain from conducting themselves in ways that are known, or ought reasonably to have been known, to be unwelcome or unacceptable.
5. Reporting Violations
Any member of the University community who becomes aware of a violation of the Student Code of Rights and Responsibilities is encouraged to report the incident to the office of the Assistant Vice-President, Students. Reporting can be done in the following ways:
- Submission of Student Code of Rights and Responsibilities Complaint Form
- Direct email to avpstudents@nipissingu.ca
- Submission of a Student Support Request on Webadvisor
Those who wish to report a violation can do so without fear of reprisal.
6. Investigation and Decision-Making Approaches:
Reports of alleged violations of the Student Code of Rights and Responsibilities will be investigated in a fair, thorough, and impartial manner. Students suspected of violations will have the opportunity to respond to the allegations and participate in the Code process.
The Student Success Coordinator is responsible for guiding students through the entire Code process. Initial Code complaints will be received and investigated by the Student Success Coordinator or an appropriate designate from the Office of the Assistant Vice-President, Students. In cases where concerns cannot be disposed of informally, investigations will be escalated to the Assistant Vice-President, Students. The Student Success Coordinator will remain involved in a support capacity to assist in navigating the process and connecting students to support services as needed.
After processing of any complaints, a record of outcomes will be kept in the office of the Assistant Vice-President, Students, and shared with relevant officers only on a ‘need to know’ basis.
Responses for violations of the Code will be based on the severity of the violation. Possible approaches and interventions include:
a) Restorative Balance Practices:
When student Code violations occur, and both parties participate collaboratively and willingly in the process, the University will prioritize restorative balance practices aimed at repairing harm, fostering understanding, and promoting accountability.
Restorative measures may include facilitated dialogues, mediation, community service, educational interventions, restitutions, and other restorative processes and outcomes designed to address the impact of behaviour and promote reconciliation.
b) Educational Interventions:
In addition to addressing misconduct, the University is committed to providing educational interventions that support student learning and personal development.
Respondents found responsible for Code violations may be required to participate in educational programs, workshops, counseling sessions, behavioural contracts, or other initiatives aimed at addressing underlying issues and promoting behavioural change.
c) Sanctions:
While the focus of our Student Code of Rights and Responsibilities is restorative and directed to the growth and support of our community, we recognize that in some instances sanctions may be necessary to assist a student in adhering to their Code outcomes or to respond to the severity of an incident. When necessary, these sanctions can include (but are not limited to) warnings, probation, writs of trespass, orders for restitution, suspension, or expulsion from residence, a course, program, faculty, or the institution.
Notwithstanding the above sanctions, the University may also in appropriate cases seek legal redress.
7. Expectations of the Code Process:
- Parties shall participate in the Code process in good faith with an open mind and growth mindset.
- It is expected that Nipissing University community members who submit complaints will engage in the process with restorative goals in mind whenever possible, including an openness to dialogue unless the nature of the situation makes this an unsafe option.
- The Student Success Coordinator or designate will seek to contact the Complainant within 5 business days to discuss options, applicability of the Code, and supports.
- Respondents who are suspected of a violation will be notified in writing by the Student Success Coordinator or designate. The Respondent will have 15 business days to meet with the Student Success Coordinator to discuss the concern. If a Respondent chooses not to meet with the Student Success Coordinator, then the complaint can be disposed of based on the information currently available without meeting the Respondent student. In instances where a decision is made in absentia, that decision is final.
- Where a decision is made in absentia by the Student Success Coordinator, that decision cannot require financial investment by the Respondent and must be Restorative or Educational. If this is not possible, then the complaint will be escalated to the Assistant Vice-President, Students.
- Where sanctions may be required, students will be informed in writing of the complaint and possible sanctions by the Assistant Vice-President, Students. The Respondent will have 15 business days to meet with Assistant Vice-President, Students.
- If a Respondent facing sanctions does not meet with the Assistant Vice-President, Students then the Assistant Vice-President, Students can dispose of the complaint based on the information currently available to them without meeting the Respondent student. In instances where a decision is made in absentia, that decision is final.
- Failure to adhere to Code outcomes could result in progressive discipline.
Supportive Resources:
The University offers a range of supportive resources and services to assist students in addressing personal challenges, including mental health counseling, academic advising, and peer support programs among others.
Students involved in Code matters will have access to support resources to help navigate the Code process, understand their rights and responsibilities, and access appropriate support services.
8. Appeals Process:
Respondents who have participated in the Code process and are found to be responsible for violations of the Student Code of Rights and Responsibilities have the right to appeal sanctions. Students who have reached a mutually agreed upon solution through the Student Success Coordinator may not appeal those agreements. Appeals must be submitted in writing to the office of the Assistant Vice President, Students within 15 business days of the original conduct decision.
Appeals can be filed on the following grounds:
- To determine that the decision was conducted fairly;
- To provide new information or other relevant facts not known at the time of the original decision;
- To determine that the decision was based on substantial information and that the Code of Student Rights and Responsibilities was violated;
- To determine whether the sanctions imposed were appropriate.
At the same time, Respondents may request in writing, through the office of the Assistant Vice-President, Students, that the sanction be temporarily postponed pending the outcome of their request for an appeal.
During the process of an appeal, the Respondent, 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 after the informal stage.
Decisions of the Assistant Vice-President, Students will be appealed to the Student Discipline Appeal Committee comprised of faculty and students with no conflict of interest on the matter.
A decision whether to grant an appeal consideration or uphold the sanction will be made within 15 business days of receiving the appeal request.
If an appeal is granted, the committee will deliver an appeal decision within 30 days of receiving the appeal request. Any decision made by the Student Discipline Appeal Committee is final and shall be signed by the Chair and all committee members. The only exception is if the recommended sanction is suspension or expulsion from the University. In this case the Respondent may appeal the Committee decision to the Vice-President, Academic and Provost whose decision will be final.
9. Disclaimers, Definitions, and Notes
Disclaimers
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. The University requires that students conduct themselves in accordance with the laws of the country, province, city, and the policies of the University.
The University reserves the right to terminate, at any time, its relationship with any student whose 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.
By registering with the University, a student agrees to be bound by all its academic and non-academic rules and regulations.
The University may appoint an appropriate designate to act on the behalf of the Assistant Vice-President, Students in conduct matters when necessary.
Definitions
Complainant: The Nipissing University community member who submits a complaint under the Student Code of Rights and Responsibilities.
Disruptive behaviour: Behaviour that persistently or grossly interferes with academic and administrative activities or damages the reputation of the University.
In Abstentia: a decision made in the absence of the person involved.
Respondent: Under the Student Code of Rights and Responsibilities a respondent can only be a currently enrolled Nipissing University student. A Respondent is the student who has been accused of violating the Code.
Note on Possible Transcript Notations
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 must withdraw (for non-academic offences found in this Code).
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.
The notation “non-academic misconduct” can be entered on the student’s academic Transcript and Grade Report upon the receipt of such notice from the Assistant Vice-President, Students. A student may appeal the notation be expunged from the transcript through a direct appeal to the Vice-President, Academic and Provost of the University after a minimum of five years from the date that it is applied.
A student's record 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 failing/unsatisfactory 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 Vice-President, Academic and Provost of the University after a minimum of five years from the date of expulsion.