Scope
This procedure forms part of the JIBC Student Academic Integrity Policy (the “Policy”) and should be followed and applied in relation to allegations of Student Academic Misconduct under the Policy. Terms are as defined in the Policy.
Procedural Guiding Principles
Academic integrity is expected at all times at JIBC. Managers and Instructors are expected to take all reasonable steps to instruct Students about these expectations. Course outlines and syllabi should reference the Student Academic Integrity Policy and provide guidelines for course assignments including, where appropriate, the utilization of the APA Style Guidelines to acknowledge information from other sources. Instructors are responsible for ensuring Students use appropriate citations, references and/or acknowledgements for ideas and work from other sources, and for providing clear guidelines for course assignments, projects and research involving group work and legitimate collaboration.
Allegations of Student Academic Misconduct that are not resolved informally will be investigated in a procedurally fair manner. Where a student is found to have violated JIBC’s standards of academic integrity, the Institute will apply Disciplinary or Corrective Measures as appropriate, up to and including suspension and/or expulsion from the Institute. A student who is found to have breached the Policy has a right to appeal.
Resolution Process
Informal Resolution
1. JIBC encourages, where appropriate, the informal resolution of Student Academic Misconduct issues. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behaviour.
2. When an Instructor or Manager determines or believes, either through personal observation or through a third party report, that a Student or Applicant has engaged in Student Academic Misconduct, the Instructor and/or Manager responsible for the course or program will review the details of the allegation and determine whether it is appropriate to seek informal resolution.
3. Where informal resolution is pursued, the Instructor and/or Manager will meet with the Student and review the circumstances of the alleged Student Academic Misconduct. The Student will be informed of the allegation and provided with an opportunity to respond. The Instructor and/or Manager will consider the Student’s response and determine whether Student Academic Misconduct has occurred.
4. If the Instructor and/or Manager determines that Student Academic Misconduct has occurred, the Instructor and/or Manager may seek to reach an informal resolution with the Student or Applicant. Informal resolution may include but is not limited to, a verbal or written warning, resubmission of an assignment or rewriting of an exam, a lowered grade or a failed assignment. More serious Disciplinary or Corrective Measures, including any Disciplinary or Corrective Measure that will result in a failing grade for a course, must be determined through the Formal Resolution process.
5. A record of any informal resolution will be kept in the Official Student Record.
6. Where the informal resolution process is not engaged or the alleged Student Academic Misconduct is not resolved through the informal resolution process, the Formal Resolution process will be followed for addressing the alleged Student Academic Misconduct.
Formal Resolution
Report of Academic Misconduct
1. To begin the Formal Resolution Process the Instructor and/or Manager who became aware of the alleged Student Academic Misconduct shall initiate a Report of Academic Misconduct (the “Report”) and forward it to their Director/Program Director. The Report should be in writing. In cases of urgency it may be made verbally and set out in writing at a later date.
2. The Director/Program Director will consider the Report and decide on one of the following:
a. that the allegations are not serious enough to be considered under the Formal Resolution process, or do not constitute Student Academic Misconduct, in which case no further action will be taken in relation to the Report;
b. that informal resolution should be attempted under the Informal Resolution process, in which case the matter will be referred back to the Instructor and/or Manager who made the Report;
c. that the matter is more appropriately addressed under another JIBC policy, in which case the Report will be referred to the appropriate person under that policy; or
d. to recommend an investigation into the alleged Student Academic Misconduct, in which case the Director/Program Director will notify the Instructor and/or Manager of this decision, and will forward the Report to the Dean responsible for the program area with a recommendation that an investigation be carried out.
3. Where an investigation is recommended, the Dean will review the Report and the recommendation of the Director/Program Director, and may either initiate an investigation or decide on one of the alternative courses of action described above.
Investigation
4. If the Dean decides that the alleged Student Academic Misconduct will be investigated, the Dean will deliver a copy of the Report to the Student and ask that the Student provide the Dean with a written response within a specified timeline. This timeline may be extended at the Dean’s discretion, based on a reasonable request from the Student.
5. The Dean will appoint an investigator (the “Investigator”), and provide the Investigator with a copy of the Report and the Student’s written response, and with terms of reference for the investigation. The Investigator may be an employee of JIBC or an external investigator. Where reasonably possible, the Investigator should be a person who has had no prior dealings with the Student.
6. The Investigator will carry out an investigation that will include interviewing the Student and providing the Student with an opportunity to respond to the allegations in the Report. The investigator may also interview any other individual the Investigator determines necessary, and may review any documents or other evidence the Investigator considers relevant.
7. It is the Student’s responsibility to provide the Investigator with any information or documentation that the Student is aware of and believes may be relevant to the investigation or should be considered by the Investigator.
8. When the investigation is complete, the Investigator will provide the Dean with a written report of the Investigator’s findings of fact (the “Findings”).
9. The Dean will meet with the Student, review the Findings, and provide the Student with the opportunity to make representations on whether the Policy has been violated, and whether Disciplinary or Corrective Measure(s) should be imposed.
10. After considering the Findings and the Student’s representations, the Dean will determine whether the Student has violated the Policy. If the Dean determines that the Student has not violated the Policy, the Dean will notify the Student in writing and no Disciplinary or Corrective Measure will be imposed. If the Dean determines that the Student has violated the Policy, the Dean will consider and determine the appropriate Disciplinary or Corrective Measure(s) to be imposed or recommended.
Disciplinary or Corrective Measures
11. A Student or Applicant who is found to have engaged in Student Academic Misconduct may be subject to one or more Disciplinary or Corrective Measures, including but not limited to those listed below, as determined by JIBC. All Disciplinary or Corrective Measures will become part of the Official Student Record:
a. For actions involving Plagiarism or Cheating, the Disciplinary or Corrective Measures may include one or more of:
i. Probation;
ii. Rejection of submitted work with or without the option of resubmission;
iii. Reduction of grade, up to and including failure of the assignment;
iv. Reduction of grade, up to and including failure of the course or program; and/or
v. Referral to the President with a recommendation that the student be suspended or expelled.
b. For actions involving Collusion or Educational Misconduct, the Disciplinary or Corrective Measures may include one or more of:
i. Probation;
ii. Failure of the course or program; and/or
iii. Referral to the President with a recommendation that the student be suspended or expelled.
c. For actions involving Misrepresentation or Fraudulent Documents:
i. Where documents or information submitted for admission are found to be fraudulent or falsified, prior to admission, the Applicant will be denied admission and prohibited from applying to any JIBC course or program for a period of not less than one year;
ii. Where documents submitted for admission are found to be fraudulent or falsified, subsequent to admission to a course or program, the matter will be referred to the President with a recommendation that the Student be suspended from JIBC and prohibited from applying to any JIBC course or program for a period of not less than one year; and/or
iii. The Dean may also report the matter to the police where the Dean considers it appropriate to do so.
12. Disciplinary or Corrective measures may also include any other measure JIBC determines is warranted under the circumstances (e.g., letter of apology, service to the Institute, measures to promote understanding or awareness, etc.).
13. Before determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Dean will confer with the Registrar to determine if the Student has any previous Disciplinary or Corrective Measures on the Student’s record. In determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Dean may take into consideration the nature and seriousness of the Student Academic Misconduct, the context in which the Student Academic Misconduct occurred, whether the Student has previously engaged in Student Academic Misconduct, and any other factors the Dean considers relevant.
14. If the Dean decides to impose or recommend Disciplinary or Corrective Measure(s), the Dean will advise the Student of the Dean’s decision in writing (the “Decision”), after the Dean’s meeting with the Student to review the Findings. The Decision will set out the allegation of misconduct, the key Findings upon which the Decision was reached, an explanation of the conclusion on how the Policy was violated, any aggravating or mitigating circumstances, and the Disciplinary or Corrective Measure(s) imposed and/or recommended.
Decision to Suspend or Expel
15. Only the President has the power to suspend or expel a student.
16. If the Dean recommends suspension or expulsion, the Decision and the Dean’s recommendation will be provided to the President for review and final determination.
17. The President will review the Decision and the Dean’s recommendation, and may either:
a. suspend or expel the Student, as recommended by the Dean or as otherwise determined appropriate by the President; or
b. return the matter to the Dean for reconsideration, with recommendations or directions.
18. The President will notify the Student in writing of the President’s decision (the “President’s Decision”). A copy of the President’s Decision will be provided to the JIBC Board of Governors (the “Board”).
Appeals
Appeal Process (Excluding Suspension or Expulsion)
1. Where a Decision is issued containing a finding that a Student has engaged in Student Misconduct, but where any Disciplinary or Corrective Measure(s) imposed on the Student do not include suspension or expulsion, the Student may appeal the Decision to the Vice President Academic (“VPA”) on one or more of the following grounds (the “Grounds For Appeal”):
a. a breach of procedural fairness in the investigation or Decision-making process;
b. the Disciplinary or Corrective Measure(s) imposed were unreasonable; and/or
c. new material evidence that was not reasonably available at the time the Decision was made has become available, and casts substantial doubt on the reasonableness of the Decision and/or the Disciplinary or Corrective Measure(s).
2. To commence an appeal (the “Appeal”), the Student must deliver a Notice of Appeal that includes all of the information indicated below, to the Registrar by email, mail, fax, or in person within ten (10) business days of notification of the Decision. Failure to do so within that timeframe will result in the Student forfeiting any right to Appeal.
3. The Student’s Notice of Appeal must include all of the following:
a. a copy of the Decision;
b. a statement from the Student identifying one or more of the Grounds For Appeal upon which the Appeal is based;
c. detailed submissions explaining the basis for the Appeal including identifying and attaching any relevant supporting evidence;
d. the resolution sought;
e. any other information or supporting documentation that the Student believes is relevant to the Appeal;
f. contact information for the Student; and
g. a $25 processing fee, which will be refunded to the Student if the Appeal is granted.
4. Should the Student require accommodation for a disability in the Appeal process, the Student must notify the Registrar at the same time as filing the Notice of Appeal and provide medical documentation setting out the Student’s medical restrictions or limitations that are relevant to the Appeal process.
5. During the Appeal process, all Disciplinary or Corrective Measure(s) will remain in effect.
6. The Registrar will determine if the Notice of Appeal contains the required elements. Where the Notice of Appeal is incomplete, it will be returned to the Student with identified gaps. Where the Student submitted an incomplete Notice of Appeal within the required deadline for filing a Notice of Appeal, the Registrar may, at the Registrar’s discretion, allow the Student additional time to revise and resubmit the Notice of Appeal.
7. Where the Registrar receives a completed Notice of Appeal within the required timeframe, the Registrar will provide the Notice of Appeal to the VPA for decision.
8. The VPA will review the Notice of Appeal and determine if the Appeal can be decided based on the information in the Notice of Appeal alone, or if further submissions and/or an oral hearing is necessary to decide the Appeal.
9. If the VPA determines that further submissions and/ or an oral hearing is necessary, the VPA will notify the Student, the Dean responsible for the Decision, and any other person whom the VPA decides would be appropriate to have involved in the Appeal (collectively the “Parties”), of the procedure that will be followed in considering and determining the Appeal.
10. The VPA will complete the Appeal process in a timely manner, after notifying the Parties of the process that will be followed.
11. At the conclusion of the Appeal process, the VPA will deliver a written decision on the Appeal (the “Appeal Decision”) to the Student and the Dean.
12. The Appeal Decision may:
a. uphold the Decision;
b. reverse the Decision and cancel any Disciplinary or Corrective Measure(s) imposed on the Student;
c. return the matter to the Dean for reconsideration, with recommendations or directions; or
d. vary any Disciplinary or Corrective Measure(s) imposed on the Student.
13. The Appeal Decision is final.
Appeal Process (Suspension or Expulsion)
1. Where Disciplinary or Corrective Measure(s) imposed on a Student include suspension or expulsion, the Student may appeal the President’s Decision to the Board. To do so, students should refer to the Student Appeal Procedure in the JIBC Board of Governors Handbook.