Code
for Student Conduct
1.
Preamble
2. Application
3. Student Misconduct Outside Class
4. Student Misconduct In Class
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1.
PREAMBLE 
The Board of Governors of the College is empowered by the CEGEP Act
to adopt regulations necessary for the effective functioning of the
institution. The aim of a code for conduct in a College setting is to
protect the College community and to further the College mission. The
purpose of this Code for Student Conduct is to insure that all members
of the Champlain St-Lambert community enjoy the opportunity to exercise
their rights. It is also intended to provide students, through exercise
of their responsibilities, with the occasion to develop the habits of
good citizenship. Consistent with that goal, reasonable efforts will
be made to foster the personal and social development of those students
who are held accountable for violations of College regulations. All
members of the Champlain St-Lambert community (students, faculty and
staff) plus the College as a corporate entity, are subject to, and have
recourse to, the law. Individuals or the College may take legal action
irrespective of whether recourse has already been had to the provisions
of this Code. Disciplinary action by the College will normally proceed
during criminal proceedings and is not subject to challenge on the ground
that criminal charges involving the same incident have been dismissed
or reduced.
2. APPLICATION
The Code is intended to cover instances of non?academic misconduct not
otherwise dealt with in College regulations and policies. Academic misconduct
(eg. Cheating and Plagiarism) and student grievances against instructors
are not dealt with in this Policy.
The
Code will be applied in a fair and judicious manner. The proceedings
that take place in its application will be conducted in a confidential
manner. The confidentiality of all parties concerned will be respected.
For the purposes of this policy, A STUDENT is defined as any person
admitted to Champlain St-Lambert and registered in one or more courses
(credit or non-credit) offered by the College.
The Code applies at any site or on any occasion involving curricular
or extra-curricular activities which are supervised or sponsored using
the name of the College and/or the Student Association. A student group
or organization and its officers may be held collectively or individually
responsible when violations of this Code by those associated with the
group or organization have received the tacit or overt consent or encouragement
of the group or organization or of the group's or organization's leaders,
officers, or spokesperson.
Attempts
to commit acts prohibited by the Code may be punished to the same extent
as completed violations.
Responsibility
for the enforcement of this Code is by necessity shared by a number
of individuals and groups. There should be sufficient consultation and
coordination amongst all parties involved in the Code's enforcement
to insure a reasonable equity in the application of sanctions. A central
record system will be kept on all cases dealt with by the Code Administrators.
It will be located in the Registrar's Office.
3. STUDENT MISCONDUCT OUTSIDE
OF CLASS
3.1 DEFINITIONS OF MISCONDUCT
While students are expected at all time to respect the law, the Code
of Conduct specifically prohibits, but is not limited to, such acts
as:
3.1.1
assaulting, threatening, physically or verbally abusing, or intimidating
another member of the College community;
3.1.2
acting in any way which endangers the health, safety or well being
of others;
3.1.3
unruly behaviour, disturbing the peace, disrupting or obstructing
College activities;
3.1.4
theft, destruction, or intentional or reckless damage to the property
of other members of the College community;
3.1.5
theft of College property or services;
3.1.6
defacing, misusing or damaging the College grounds, building, facilities
or equipment;
3.1.7
chatting on the Internet, editing the registry, playing games, "nuking
computers", making inappropriate use of computers or in any manner
interfering with their pedagogical use;
3.18
unauthorized removal to another location of College furnishings or
equipment;
3.1.9
failure to assure the security of equipment for which one is responsible;
3.1.10
presence on College property outside of authorized hours;
3.1.11
unauthorized presence in or use of restricted College premises, facilities
or property;
3.1.12
intentionally furnishing false information to the College;
3.1.13
involvement in forgery, unauthorized alteration, or unauthorized use,
of any College document or instrument of identification;
3.1.14
gambling for money;
3.1.15
possession, use, distribution or sale of alcohol or illegal drugs;
3.1.16
use or possession of any weapon or dangerous material;
3.1.17
committing indecent or grossly immoral acts;
3.1.18
promoting racism, sexism, hatred in ideas or actions;
3.1.19
smoking in an area where it is prohibited;
3.1.20
consumption of food or beverages in an area where this is prohibited
eg. class- rooms, laboratories, rooms with computer equipment, the
auditorium, the gym complex, the Resource Centre;
3.1.21
unauthorized use of the College's name or logo
3.1.22
unauthorized display, advertising, selling or solicitation, or engaging
in commercial activities on College premises;
3.1.23
failure to identify oneself properly or refusal to produce an ID when
re-quested by a College official acting in the performance of his/her
duties;
3.1.24
making false statements to a College official enquiring into an allegation
of misconduct;
3.1.25
failure to comply with the directives of a College official, including
College security personnel, acting in performance of their duties;
3.1.26
counselling, inciting, aiding, being party to, or deliberately concealing
another person's misconduct;
3.1.27
violation of College regulations, policies or the terms of any disciplinary
action imposed in accordance with this Code.
3.2
PROCEDURES TO DEAL WITH MISCONDUCT OUTSIDE CLASS
3.2.1
Faculty and staff
For the purpose of this policy, faculty and staff include all regular
employees of the College, individuals employed under a contract issued
by the College and individuals who have been authorized to act on
behalf of the College.
Faculty
and staff who observe minor infractions of the Code are encouraged
to intervene and deal with the situation.
3.2.2 Faculty, staff and students Faculty, staff and students who
observe serious infractions of the Code are encouraged to report such
behaviour to the Director of Student Services and/or Security. Faculty
and staff should take and report, when possible, the names and ID
numbers of students who violate provisions of the Code. A report should
be made as soon as possible after the incident and it may be verbal
or in writing.
3.2.3 The Director of Student Services The Director of Student Services
will investigate to determine the facts of the cases in violation
of the Code. The Director of Student Services will deal personally
with infractions of the Code involving misconduct out of class. The
Director of Student Services will refer cases of a serious nature
to the Student Conduct Committee for adjudication. The Director of
Student Services may impose the sanctions described in 3.3.1, 3.3.2
and 3.3.3 of the Code.
3.2.4 The Student Conduct Committee
3.2.4.1
Composition The Student Conduct Committee shall consist of five
(5) persons each chosen annually by appropriate group. Ø student
chosen by the Champlain Student Association Ø counsellor or academic
advisor chosen by Champlain Professional Association Ø member selected
by the Support Staff Association Ø member selected by Champlain
College Teachers Association Ø Chair chosen by administration
3.2.4.2 Mandate The Student Conduct Committee shall have the power
to act on all cases referred to it by the Director of Student Services
or a Dean involving student misconduct both in and outside of class
at any site or on any occasion involving activities which are sponsored
using the name of the College and/or the Student Association. The
Committee will also hear appeals made by students to sanctions imposed
by the Director of Student Services and/or a Dean. i) Appeals must
be made, in writing, within 10 working days of the appellant's receipt
of the decision of the Director of Student Services or a Dean. ii)
Students making an appeal are to be advised that they can be accompanied
by interested parties not exceeding three when they meet with the
committee. iii) The Student Conduct Committee will make its recommendation
to the Director of Champlain St-Lambert whose decision is final.
iv) Any decision under appeal will be respected until the matter
is decided.
3.2.4.3 Authority The Student Conduct Committee may impose the sanctions
described in 3.3.1, 3.3.2, and 3.3.3 of the Code. The Student Conduct
Committee may also recommend that the Director of Champlain St-Lambert
impose other disciplinary measures.
3.2.4.4 Procedure
i) When the Director of Student Services or a Dean has referred
a matter to the Student Conduct Committee, the Chair is responsible
to convene a meeting without undue delay. Whenever possible, the
Committee's deliberations should be completed within two weeks.
ii) The Chair of the Student Conduct Committee will advise the
student(s) within 48 business hours, in writing, of the charges
against him/her/them and will invite the student(s) who may be
accompanied by interested parties not exceeding three to attend
the Committee's meeting.
iii) The Chair of the Student Conduct Committee will invite to
give testimony any witnesses suggested by the Director of Student
Services, a Dean or by the students accused.
iv) The Chair of the Student Conduct Committee will assure that
due process governs the proceedings and will assure that the case
is treated on its individual merits.
v) All Student Conduct Committee sessions are closed to persons
whose attendance is not required and every effort will be made
to ensure the confidentiality of all deliberations.
vi) The Chair of the Student Conduct Committee will notify the
student or group of students, in writing, of the results of the
hearing.
vii) The Chair will place all official documents pertaining to
the case in the College's central record system for the Code.
viii) Individuals or groups against whom complaints have been
laid but who refuse to appear and/or refuse to abide by the sanctions
established by the Student Conduct Committee will be referred
to the Director of Champlain St-Lambert for action.
3.2.5
The Director of Champlain St-Lambert The Director of Champlain St-Lambert
may impose the sanctions described in Articles 3.3 and 4.3 of the
Code. The student will be notified by registered mail, in the event
of inclusion of material in his/her permanent file; College suspension
or College expulsion. If, in the judgment of the Director, the alleged
misconduct warrants the student's immediate suspension, the Director
may immediately suspend the student pending a final decision of the
case.
3.3
SANCTIONS FOR MISCONDUCT OUTSIDE CLASS
3.3.1
VERBAL WARNING - The student is advised verbally of the consequences
of a repetition of the misconduct in question.
3.3.2
WRITTEN WARNING - The student is warned in writing that further misconduct
may result in more severe disciplinary action. Written warnings may
specify the sanction to be applied in the event of further, continued,
or repeated misconduct within a stated period of time.
3.3.3
DISCIPLINARY MEASURES - The student is informed in writing that his/her
behaviour has resulted in the imposition of a disciplinary measure
such as the following: Apology: A written apology to persons, groups,
or organizations offended by the student's behaviour Disciplinary
Probation: Restricted privileges such as exclusion from certain College
activities. Disciplinary Prohibition: Restricted access to certain
areas or the use of certain facilities or equipment. Restitution:
Reimbursement to the College or to other persons, groups, or organizations
for damages incurred as a result of a violation of this code or for
misappropriation of equipment or services. The terms of this measure
will be described in detail in the letter given to the student. Community
Work: Reimbursement in the form of appropriate community service as
determined by the Student Conduct Committee or the Director of Student
Services.
3.3.4
PERMANENT RECORD - Letters and reports concerning a student's misconduct
may be added to a student's official file. The length of time such
a record is to be main-tained in the file should be specified.
3.3.5
COLLEGE SUSPENSION - Exclusion from all classes and other privileges
and activities for a period determined by the Director of Champlain
St-Lambert. The student is barred from the premises. Notification
will be placed in the student's file.
3.3.6
COLLEGE EXPULSION ? Withdrawal of a student's rights and privileges
as a student at Champlain College. Student status is terminated for
an indefinite period. Notification will be placed in the student's
file.
3.4
APPEALS TO SANCTION FOR MISCONDUCT OUTSIDE CLASS
3.4.1
A student or group may appeal any sanction set by the Student Conduct
Committee. The appeal is made to the Director of Champlain St-Lambert
whose decision is final.
3.4.2
Students making an appeal to the Director are to be advised that they
can be accompanied by interested parties not exceeding three when
they meet with the Director.
3.4.3
Appeals must be made, in writing, within 10 working days of the appellant's
receipt of the decision of the Committee.
3.4.4
Any decision under appeal will be respected until the matter is decided.
If the appeal is successful the College will make every effort, insofar
as it is practical, to reverse the consequences or sanctions previously
imposed.
3.4.5
The decision of the appeal must be rendered no later than 10 days
from the date the appeal was filed.
4.
STUDENT MISCONDUCT IN CLASS
4.1. DEFINITIONS OF MISCONDUCT
4.1.1
All activities described in 3.1 are also prohibited during class.
4.1.2
The Deans provide faculty with guidelines for the definition of student
misconduct in class, but misconduct is generally defined as any behaviour
which disrupts the teaching/learning process.
4.1.3
The instructor, working within the guidelines provided, is responsible
for determining the appropriateness of student behaviour in the classroom.
4.2
PROCEDURES TO DEAL WITH MISCONDUCT IN CLASS
4.2.1
The Instructor In any cases of misconduct as described in 3.1, the
instructor may immediately refer the case to the Dean for investigation;
the Dean can impose sanctions 4.3.1, 4.3.2, 4.3.3 or 4.3.5; or the
Dean can also recommend the imposition of sanctions 4.3.6, 4.3.7 or
4.3.8. In cases involving cheating and/or plagiarism, the procedures
set forth in the College Calendar are applied. If a student demonstrates
misconduct in class, an instructor may require that the student leave
the class for the remainder of that class period (Short Term Class
Suspension). The student must be given the reasons for which he/she
has been required to leave the class. If a student refuses to abide
by an instructor's imposition of a Short Term Suspension, the instructor
may immediately refer the matter to the Dean or may cancel the class
and then refer the matter to the appropriate Dean. If an instructor
requires a student to leave class on a second occasion, the instructor
must give the appropriate Dean written notification within two working
days of this incident. Notification should detail the reasons for
which the student was required to leave class on both occasions.
4.2.2
The Deans The Dean will meet with the student who has been twice required
to leave class. It is advisable that the Dean's meeting with the student
take place within one week of the written complaint being received.
The Dean may attempt to mediate the situation, may proceed to immediate
disciplinary action including 4.3.1, 4.3.2, 4.3.3 or 4.3.5 or may
recommend College Suspension or College Expulsion to the Director
of Champlain St-Lambert. If an instructor wishes a student to be made
subject to a Long Term Class Suspension, a written request detailing
the reasons for this action must be provided to the appropriate Dean.
A copy of this request should be provided to the student in question.
Decisions regarding Long Term Class Suspension will be made by the
Dean and will be conveyed to the student by registered mail, with
a copy to be sent to the Chair of the Student Conduct Committee.
4.2.3
The Deans and the Director of Champlain St-Lambert Recommendations
for inclusion of material in a student's file, College Suspension
or College Expulsion will be made by the Dean to the Director of Champlain
St-Lambert. The decision to include material in a student's file or
to impose College Suspension or College Expulsion will be taken by
the Dean and the Director of Champlain St-Lambert. The student subject
to inclusion of material in his/her permanent file, College Suspension
or College Expulsion will be notified by registered mail. If in the
judgment of the Director of Champlain St-Lambert the alleged misconduct
warrants the student's immediate suspension, the Director may immediately
suspend the student pending a final decision of the case.
4.3
SANCTIONS FOR MISCONDUCT IN CLASS
4.3.1
VERBAL WARNING - The student is advised verbally of the consequences
of a repetition of the misconduct in question.
4.3.2
WRITTEN WARNING ? The student is warned in writing that further misconduct
may result in more severe disciplinary action. Written warnings may
specify the sanction to be applied in the event of further continued
or repeated misconduct within a stated period of time.
4.3.3 DISCIPLINARY MEASURES ? The student is informed in writing that
his/her behaviour has resulted in the imposition of a disciplinary
measure such as the following: Apology: A written apology to persons,
groups, or organizations offended by the student's behaviour. Disciplinary
Probation: Restricted privileges such as exclusion from certain College
activities. Disciplinary Prohibition: Restricted access to certain
areas or the use of certain facilities or equipment. Restitution:
Reimbursement to the College or to other persons, groups, or organizations
for damages incurred as a result of a violation of this code or for
misappropriation of equipment or services. The terms of this measure
will be described in detail in the letter given to the student. Community
Work: Reimbursement in the form of appropriate community service as
determined by the Dean.
4.3.4
SHORT TERM CLASS SUSPENSION - Exclusion of a student by the instructor
from a class for the remainder of the class period.
4.3.5
LONG TERM CLASS SUSPENSION - Exclusion of a student from a class for
a prolonged period determined by the Dean.
4.3.6
PERMANENT RECORD - Letters and reports concerning a student's misconduct
may be added to a student's official file. The length of time such
a record is to be maintained in a file should be specified.
4.3.7
COLLEGE SUSPENSION - Exclusion from all classes and other privileges
and activities for a period determined by the Director of Champlain
St-Lambert. The student is barred from the College premises. Notification
will be placed in the student's file.
4.3.8 COLLEGE EXPULSION - Withdrawal of a student's rights and privileges
as a student at Champlain St-Lambert. Student status is terminated
for an indefinite period. Notification will be placed in the student's
file.
4.4 APPEALS TO SANCTIONS FOR MISCONDUCT IN CLASS
4.4.1 A student may appeal sanctions imposed by the Dean. The appeal
is made to the Student Conduct Committee that will make its recommendation
to the Director of Champlain St-Lambert whose decision is final.
4.4.2 Students making an appeal are to be advised that they can be
accompanied by interested parties not exceeding three when they meet
with the committee or the Director.
4.4.3 Appeals must be made in writing within 10 working days of the
appellant's receipt of the decision of the Dean.
4.4.4
Any decision under appeal will be respected until the matter is decided.
