Education & Educational Services

C.1.6 Student Conduct

Approved/Revised: May 20, 2008

POLICY

NVIT is a place of education, of learning, and as such it needs to provide a positive learning environment and encourage academic and personal development. To that end NVIT asks students to support the creation and maintenance of an environment conducive to learning and teaching while on campus or engaged in an institutional related activity off campus. Students are expected to respect all persons at the institution, maintain integrity in scholastic work, meet contractual obligations, conduct themselves in a manner that does not interfere with the safety, learning or job performance of others, and obey the law. Students who do not maintain satisfactory standards of conduct may face disciplinary action. NVIT reserves the right to take appropriate actions, including legal action or suspension (under the authority of the College and Institute Act), when student behaviour is deemed to be in opposition or serious disagreement with these expectations.

PROCEDURES

A. Behaviours
To foster a safe and respectful environment, students are expected to refrain from behaviours such as but not limited to the following:

1. Inappropriate or Unsafe Behaviour

i. causing risks to safety by an act or omission or commission that potentially endangers any individual in the course of any clinical, practicum, work experience, field trip, lab, shop or classroom situation.

ii. attending any clinical, practicum, work experience, field trip, lab, shop or classroom situation while under the influence of alcohol or illegal drugs or drugs that may impair performance.

iii. bringing alcohol on campus or to an Institute activity.

2. Criminal Behaviour

i. assault on individuals

ii. vandalism and theft: this includes damaging or stealing institute property or the personal property of instructors, staff or fellow students

iii. unlawful entry to any institute buildings and unauthorized areas

iv. violation of BC Liquor Regulations and drug related offenses

3. Disruptive Speech or Actions

i. behaviours that undermine the dignity, self-worth, and productivity of any member of the NVIT community and that create an atmosphere of anger, hostility and/or anxiety

ii. behaviour that contravenes the BC Human Rights Act

iii. sexual or personal harassment 

iv. physical abuse or threats of violence and/or disorderly conduct

v. speech or actions that disrupt the ability of other students to learn and instructors to teach such as excessive and unreasonable demands for attention or frequent interruptions with off-topic, rude, or inappropriate remarks

vi. aggressive speech or action that disrupts the conduct of institute business

4. Misuse of Institute Resources

i. misuse or unauthorized use of institute property, equipment or computers for purposes not related to the course in which the student is registered or not approved by an institute instructor or administrator

ii. unauthorized use of the institute name or logo

iii. modification of computer set-ups without clear authorization or displaying offensive materials without prior academic approval

5. Academic Misconduct

i. this area of conduct is addressed in a related separate policy (C.1.7 Academic Integrity)

B. Considerations

In deciding on an appropriate consequence for academic or personal misconduct, consideration may be given to the following:

- the extent of damage or danger of the misconduct
- the degree to which the misconduct is deliberate
- whether the act in question is an isolated incident or part of repeated acts of misconduct
- any other mitigating or aggravating circumstances
- the student's awareness of the inappropriateness or total disregard of the seriousness of the acts
- the impact on the safety or perception of safety by students or employees of the institute

C. Penalties

Penalties imposed by Nicola Valley Institute of Technology for personal misconduct may include one or more of the following:

- a written or verbal warning or reprimand
- exclusion from specified areas of the institute
- a fixed probationary period
- suspension from the institute
- notification of the RCMP

Note: Nothing in this policy restricts any member of the NVIT community from immediately reporting any criminal activity to the police or taking action to ensure safety.

D. Incidents

1. For an incident of disruptive behaviour during instructional time the instructor may, if necessary, dismiss the student. If the student refuses to comply, the class may be dismissed. The instructor must file a written report with the Vice President Learning Services or the relevant Dean (as appropriate) to be placed in the student's file.

2. For incidents of disruptive behaviour during non-instructional time, students may be required by an instructor or administrator to leave the activity or area. The incident will be reported to the Vice President Learning Services or the relevant Dean.

3. The Vice President Learning Services or the relevant Dean (or designate), and/or Elder(s) will meet with the student to review the situation in order to allow the student an opportunity to explain his/her conduct.

4. Meetings with the Vice President Learning Services or the relevant Dean (or designate) will normally result in one of the following determinations:

a) that the student continue in the course/program - no action, i.e., the explanation was accepted;
b) that the student receive a verbal or written warning or reprimand;
c) that the student continue in the course/program under probation; or
d) that a recommendation be forwarded to the President that the student be suspended from the program

5. Meetings with the Elder(s) will follow traditional processes as determined by the Elder(s) and may include a traditional circle.

E. Appeal Process

Any student who has received a letter of warning, reprimand, probation, or suspension, has the right to appeal the decision to the Appeals Committee. The disciplinary action taken remains in effect while the appeal process is undertaken.

1. The student should lodge his/her appeal in writing to the Institute President within 5 working days of the date on the disciplinary letter. The letter of appeal should include a clear and precise statement of:

a) the decision being appealed
b) the reasons why the appellant believes the appeal should be allowed
c) the remedy or relief the appellant is seeking

A student who does not provide this request in writing to the President within the prescribed time period loses the right to request an appeal.

2. The Appeals Committee will be composed of:
a) an NVIT employee appointed by the President
b) an NVIT employee or currently registered student selected by the student
c) a chair appointed by the above two members of the committee and selected from NVIT employees
d) an Elder(s) from the Elders Council
Employees, students, or Elders cannot be appointed to an appeal committee if they are a family member of the appellant, a student or instructor in the appellant's program, or involved in the case in some way.

3. The Appeals Committee will meet and must complete the review within 30 days immediately following the request for appeal made by the student. This time may be extended by mutual consent of the student and the Chair of the Appeals Committee.

4. The student has the right to meet with the Appeals Committee to present submissions on his/her behalf. The student may also be accompanied by one person of his/her choice for support. As this process is internal to NVIT legal counsel is not permitted.

5. All members of the Appeals Committee are required to observe confidentiality regarding the discussions and recommendations. Within three working days of the conclusion of the review, the Appeals Committee will advise the President of its decision.

6. The Appeals Committee will make one of the following decisions:
a) that the disciplinary action be overturned
b) that the disciplinary action be upheld

7. Within five working days of receiving the decision of the Appeals Committee, the President will notify the student in writing.

8. The decision of the Appeals Committee will be final and binding except for cases where the disciplinary action was suspension. A student suspended from the institution has the right under the College and Institute Act to appeal to the NVIT Board. Such an appeal cannot be initiated until the above Appeals Process has been completed.