Preamble

The students, faculty and staff of Seneca College constitute an academic community committed to training and education that will enhance effectiveness in the workplace and quality of life for all.

This commitment includes maintaining an environment in which all students are able to pursue their educational goals. The Student Rights and Responsibilities provides the basis for behaviour, which will nurture this environment of mutual respect for the dignity and worth of each person in the Seneca community. Every student is expected to abide by the Student Rights and Responsibilities.

This document is complementary to and in no way alters students’ rights or responsibilities under:

• The laws of Canada, Ontario and local governments
• The Academic Policy of Seneca College
• The Discrimination/Harassment Policy of the College
• The Personal Safety/Security Threats Policy of the College
• The Information Technology Acceptable Use Policy of the College
• Other College policies
• Agreements between sponsored students and the agency sponsoring such students.

Application

This document applies to all students at Seneca College, whether full-time or part-time, and all student committees, boards, councils and associations.

1. STUDENT RIGHTS

The following Student Rights shall be upheld:

Freedom of Expression

(1) The right to express oneself individually or as part of a group verbally and in print; and the right to publish and distribute views on campus, free from censorship or reprisal, except where the exercise of such rights may interfere with the rights of others.

Discrimination/Harassment

(2) The right to be free from discrimination and/or harassment on the basis of race, ancestry, place of origin, color, ethnic origin, language or dialect spoken, citizenship, creed, sex, age, marital status, family status, criminal charges or criminal record, mental or physical disability, sexual orientation, political affiliation or union membership. Complaints under this section are dealt with under the College Policy on Discrimination /Harassment

No Reprisal

(3) The right to make responsible complaints and/or to participate in other College proceedings without reprisal or threat of reprisal.

Security of Person and Property

(4) The right to be secure in one's person and possession against unreasonable search and seizure.

Association

(5) The right to organize and participate in orderly assemblies on campus, as long as such assemblies do not interfere with the regular activities of the College and are in accordance with College policies and procedures.

Organization

(6) The right to form, join and take part in any group or organization for intellectual, religious, social, economic, political, health or cultural purposes subject to College policy.

Use of Facilities

(7) The right to use College facilities and equipment, subject to College need and policy.

Invited Speakers

(8) The right to hear speakers of one’s choice without obstruction or disruption, subject to College policy.

Student Government

(9) The right to form, elect and maintain a democratic student government and to organize and administer the activities of students, subject to College policy.

Fundraising

(10) The right to raise funds on campus for purposes approved by the College.

Academic Information

(11) At the beginning of each subject, the students have the right to be given a subject outline which will include:

• the subject objectives
• topic outline
• the modes of instruction
• mode(s) of evaluation
• promotion policy
• reference to Academic Policy on Cheating and/or Plagiarism
• reference to College Policy on Discrimination/Harassment.

Subject / Activity Evaluation

(12) The right to formally assess the delivery of any subject or activity using existing College procedures where they are available.

College Policy

(13) The right to make representation about any policy (rule) which appears to contravene the rights of students. Such representations may be made to the Director of the Resolution, Equity and Diversity Centre.

Electronic Devices and Recording of Classes

(14) The right to use approved electronic devices for teaching and learning purposes in accordance with College policies and procedures. Where required for accommodation purposes, use of electronic devices will be granted pursuant to the Ontario Human Rights Code (OHRC), the Accessibility for Ontarians with Disabilities Act (AODA) and the Freedom of Information and Protection of Privacy Act (FIPPA).

2. STUDENT RESPONSIBILITIES

Discrimination/Harassment

(1)(a) Discrimination against or harassment of any student or group of students, on the basis of race, ancestry, place of origin, color, ethnic origin, language or dialect spoken, citizenship, creed, sex, age, marital status, criminal charges or criminal record, mental or physical disability, sexual orientation, political affiliation or union membership will not be tolerated by the College. Alleged violations of this section are dealt with under the College Policy on Discrimination/Harassment.

(b) All students of the College are responsible for maintaining and promoting an environment that is free of discrimination and harassment and for promptly reporting any incidents that they believe to be acts of discrimination to the Resolution, Equity and Diversity Centre.

Threat/Endangerment

(2) A student shall not take or verbally threaten to take any action which threatens or endangers the safety, health, life, or freedom of any person, or impairs the educational mission of the College. (The use of physical violence is contrary to the aims of the College community. Any form of assault, harassment, hazing, intimidation and/or threats of violence is strictly prohibited under this Policy, and may be referred to civil authorities.)

Disruption

(3) A student shall not obstruct or disrupt, or attempt to obstruct or disrupt any College activities.

Disorderly Conduct

(4) A student shall not engage in disorderly conduct, nor engage in disturbing the peace, as defined by the law, on College-owned or controlled property or at College-sponsored or supervised functions.

Abusive Communication

(5) A student shall not in any way abuse other students, college employees or guests of the college. Abusive communication, as defined by this document, means any unwelcome words received in person or by telephone, letter, electronic mail or any communication medium, that intimidate, disparage or cause humiliation, offence or embarrassment to a person,

Property

(6) A student shall take no action which damages or tends to damage property that is not the student’s own.

Theft

(7) A student shall not take or use property that is not the student’s own without the consent of the owner or the person legally responsible for the property.

Compliance

(8) A student shall comply with the directions of College staff, College contracted staff and Seneca Student Federation Inc. (SSF) staff acting in the performance of their regular or delegated duties including identifying himself or herself to these staff upon request.

Participation in Investigative Process

(9) A student shall participate in an investigation under this policy when requested to do so.

Facility Access

(10) A student shall not enter, or attempt to enter, closed facilities, block or attempt to block access to or from College facilities, or remain within College facilities after their closing unless authorized to do so.

Improper Use of Computer Systems

(11) With regard to the use of computing facilities, a student shall comply with the Information Technology Acceptable Use Policy and shall not:

1. Enter, without authorization, into equipment facilities, networks or accounts to use, read, transfer or change the contents, or for any other purposes.
2. Use another individual’s information technology account;
3. Grant another individual access to your information technology account;
4. Use any College information technology facilities to interfere with the work of other students, faculty members or college officials;
5. Use the information technology facilities to send obscene, abusive, derogatory or harassing messages;
6. Display, transmit, distribute or make available information that expresses or implies discrimination or an intention to discriminate;
7. Use the information technology facilities to interfere with the normal operation of College information technology systems and connecting networks; this list would include such things as flooding the network with messages or sending chain letters or pyramid solicitations. Unauthorized use of information technology facilities and accounts and removing or altering data is a criminal offence in Canada.
8. Use Seneca College's computer facilities for profit or commercial gain;
9. Create and/or use world-wide web information pages or links to point to offending materials that do not comply with the Ontario Human Rights Code or the Criminal Code of Canada; and
10. Use Seneca College's computer facilities for any purpose that could be seen as a violation of the Criminal Code of Canada.

Failure to adhere to this Information Technology Acceptable Use Policy could result in suspension of usage privileges or other discipline as appropriate.

Alleged violations of this section are handled by the Resolution, Equity, and Diversity Centre in conjunction with Information Technology and Communication Services.

Copyright Information

(12) Seneca College is committed to providing access to print, visual, virtual and electronic resources to further academic teaching/learning and operational objectives, in accordance with the Copyright Act, the Access Copyright Agreements and the Copyright Policy. Seneca College and its employees are responsible for adhering to all federal and provincial laws/regulations and this Policy and can be held liable for non-compliance.

The College respects the rights of copyright owners and shall not knowingly copy, sell, distribute, or use any print or electronic materials, without the express permission by the copyright owner, or in accordance with a license agreement authorizing same. Employees and students are obligated to report any incident where they know or believe that copyright protected materials are being accessed, copied, stored, distributed or sold by other persons. Any person who knows or believes that a member of the College community is in violation of this Policy has the right to file a complaint and participate in the investigation and resolution process. Violations may result in sanctions against a member of the College community and will be processed in accordance with the Copyright Abuse Procedures.

For further information regarding your rights and obligations under the Copyright Act, Regulations and this Policy go to: http://learningcommons.senecacollege.ca/Library/Copyright/index.html

The Copyright Technician can be reached at 416-491-5050 Ext. 6135 or electronically at Copyright@learningcommons.senecacollege.ca and/or the Resolution, Equity and Diversity Centre at 416-491-5050 Ext. 2078 or electronically at www.senecac.on.ca/hr/redc

Familiarity with Polices and Procedures

(13) A student shall be familiar with and abide by College policies and procedures and any relevant student and professional association standards or guidelines.

Fire

(14) A student shall not:

• make, or cause to be made, a false fire alarm
• tamper with, damage, or otherwise misuse fire safety equipment
• ignite a fire on College-owned or controlled property

False or Misleading Information

(15) A student shall not provide false or misleading information to College officials or on official College records. He/she shall not forge, alter or misuse the College name, the name of any College employee, documents, records or identification.

Fraud

(16) A student shall not commit the act of fraud. A “fraudulent act” as defined by this document means any person who by deceit, falsehood, forgery, impersonation, or by other means, defrauds the College or another person, of any property, money, or benefit or by virtue of such conduct secures a benefit for him or herself from another person which he or she would otherwise not obtain.

Key

(17) A student shall not possess or use any College access key without proper authorization; and under no circumstances may he/she duplicate any College key

Alcohol

(18) A student shall not possess, consume, provide, or aid in the consumption or furnishing of alcoholic beverages on College property except as permitted by College policy. Regulations on the consumption, possession, sale and service of liquor are defined by the Ontario Liquor License Act and apply on campus.

Restricted Substances

(19) A student shall not have anything in his/her possession, which is a controlled, restricted or prohibited drug or narcotic unless medically authorized.

Weapon

(20)

1. A student shall not possess:
   • anything which is designed to be used as a weapon;
   • anything that a person intends to use as a weapon;
2. Persons authorized by law to carry registered weapons must obtain College security authorization to be in possession of same on campus. Firearms and ammunition must be properly registered under law and with the College, and housed in accordance with College policies and procedures;
3. A student shall not possess explosives, fireworks, or dangerous chemicals on College- owned or controlled property.

Non-smoking Policy

(21) Seneca College is a smoke-free environment. This policy applies to all campus locations and includes all classrooms, offices, cafeterias, related facilities and campus areas designated as being non-smoking.

Violators of the non-smoking Policy will be dealt with in a progressive disciplinary manner in accordance with the following procedures.

Violation

(22) A student is a party to a violation of these responsibilities who:

1. Actually violates a responsibility;
2. Aids another in the violation of a responsibility.

Electronic Devices and Recording of Classes

(23) A student shall not:

• Record, reproduce and/or distribute any electronic recording of a class or learning activity, without the express consent of the Faculty, or as approved through the College’s accommodation process pursuant to the Ontario Human Rights Code (OHRC), the Accessibility for Ontarians with Disabilities Act (AODA) and the Freedom of Information and Protection of Privacy Act (FIPPA);
• Intentionally misuse any electronic device or recording; or
• Misrepresent the reason for the request to use electronic devices in the classroom and/or learning activity.

3. PROCEDURES

1. Any Seneca student or employee who believes that a violation has occurred under the Student Rights & Responsibilities may seek advice from the Resolution, Equity and Diversity Centre (416-491-5050 Ex. 2078), the Director of Resolution, Equity and Diversity Centre (416-491-5050 Ext. 2083) or Resolution, Equity and Diversity Centre staff at each campus. E-mail inquiries may be made to resolution@senecac.on.ca.
2. Breaches of Student Rights and Responsibilities should be dealt with as soon as possible. Any person who perceives a violation of this policy is to report it to Resolution, Equity and Diversity Centre (416-491-5050 Ext. 2078) or to College Security (416-491-5050 Ext. 2565). Appropriate dispute resolution mechanisms will be encouraged whenever possible and suitable in the circumstances.
3. In the absence of an agreed resolution, the formal complaint process shall be followed. A written summary of the complaint will be submitted to the Resolution, Equity and Diversity Centre. Only the Director, or designate of the Resolution, Equity and Diversity Centre may determine if complaints are vexatious, frivolous or made in bad faith, in which case they will not be pursued. All complaints will be treated as confidential.
4. All parties to the complaint may have a representative present throughout the proceedings in an advisory capacity. Students can choose from a roster of trained student leaders, which will be maintained in the Office of Student Services. Any student who is asked to do so must participate fully in the complaint process.
5. The Resolution, Equity and Diversity Centre will initiate an investigation (interviewing the parties concerned and any witnesses that may have information related to the incident) and determine a resolution which will normally be conveyed to the parties within thirty days of receipt of the formal complaint. Where a complaint alleging personal safety/security threats is made, the investigation shall be given priority and shall be conducted and a recommendation will normally be rendered within 10 working days. Appropriate dispute resolution mechanisms will be encouraged whenever possible and suitable in the circumstances. Where the procedures provide for a specific time frame, it is understood that the time frame may be extended by mutual agreement or due to extenuating circumstances.
6. Throughout the procedure, the College will use its best efforts to ensure that the student’s academic progress is not unreasonably jeopardized.
7. Records of disciplinary action will be maintained in the student’s College file.
8. The College reserves the right to impose any disciplinary action without notice if, in the judgement of College officials, the operation of the College would be seriously impaired.
9. Any party to the decision within ten working days may make an appeal to the Vice-President, Human Resources. Appeals must be in writing (or alternative modes for persons with disabilities). Request for Student Rights & Responsibilities Appeal forms are available through the Resolution, Equity and Diversity Centre or the Office of the Vice-President, Human Resources, or a written summary of the reasons for the appeal must be completed.
   The Request for Appeal can be accessed electronically at http://www.senecac.on.ca/hr/redc/forms/form-appeal.pdf
   The Vice-President, Human Resources or designate, will convene a three-member Appeal Panel upon receipt of the appeal.

4. THE APPEAL

1. The Vice-President, Human Resources shall maintain a roster of twelve individuals. When vacancies occur, the Vice-President, Human Resources will recruit new panelists, who will maintain a balance of students and employees from across the College.
2. The Vice-President, Human Resources, or designate will chair the appeal panel as a non-voting member, and will select three panelists including student(s) and employee(s) to hear appeals.
3. The appellant and respondent will be notified of the appeal. The notice shall explain the basis of the appeal, the procedure that will apply, and any other details necessary for an expeditious and fair hearing.
4. An oral hearing will take place in front of three panelists and be chaired by the Vice-President, Human Resources or designate. The appeal will be held in private and all proceedings will be confidential.
5. The appellant and respondent may have a representative present in an advisory capacity. Students can choose from a roster of trained student leaders, which will be maintained by the Office of Student Services.
6. The decision of the panel will be recorded in writing, and promptly communicated to the appellant and respondent within fifteen working days of receipt of the request for appeal.
7. The decision of the panel will be binding on all parties with no further right of appeal within the College. Either the appellant or the respondent has the right to have the decision reviewed by the Ombudsperson.
8. Records of the initial complaint and any appeal will be maintained in the Office of the Vice-President, Human Resources.

5. DISCIPLINARY ACTIONS

1. Upon determination that a violation of the Student Rights and Responsibilities has occurred, the College shall take disciplinary action. This does not preclude the initiation of criminal or other legal charges.
2. Disciplinary Actions include but are not limited to:
   1. Warning
      A written notification that continuation or repetition of conduct found to be in violation of Students Rights and Responsibilities will be cause for further disciplinary action up to and including dismissal. Upon graduation, a student may request that the Director of Resolution, Equity and Diversity Centre remove the warning letter from his or her student file.
   2. Restitution
      Reimbursement for defacement, damage to, or misappropriation of property;
   3. Behavioural Contract
      An agreement between the College and the student which specifies certainconditions for the student to continue his or her studies. If the contract is broken, further disciplinary action will be taken. The contract may be for a specific period of time or for the full duration of the individual's program. Upon graduation, a student may request that the Director of Resolution, Equity and Diversity Centre remove the behavioural contract from his or her student file;
   4. Probation
      A student may be placed on probation for a stated period with clear conditions of probation;
   5. Suspension
      A written notification of exclusion from classes and/or other activities for a specific period of time. Suspension may include exclusion from a campus and property belonging to the College;
   6. Expulsion
      Termination of student status.

Updated January 2007