Policy Number: SS-3200-2006
Policy Title: Student Behaviour Policy
Policy Owner: Director, Student Conduct and Care
Effective Date:
Last Revised:
On this page:
- Purpose
- Application and Scope
- Definitions
- Principles
- Accountability and Compliance
- Student Rights and Responsibilities
- Rules
- Confidentiality
- Protection from Reprisals, Retaliation or Threats
- Designates
- Retention of Records
- Policy Revision Date
- Attachments
- Specific Links
1. Purpose
The purpose of this policy is to outline the principles of expected student behaviour in keeping with the College’s mission and shared values. It is intended to guide student behaviour, to respect and protect the rights and responsibilities of all students and employees at Mohawk College and to support employees in managing inappropriate student behaviour. It also outlines a range of responses including restorative measures and disciplinary sanctions that can be implemented depending on the severity and pattern of the behaviour in question.
2. Application and Scope
The Student Behaviour Policy applies to the behaviour of all full and part-time Mohawk College students, which occurs on campuses or properties owned or leased by the College and supports employees in responding to and managing student behaviour. It governs student behaviour on any College campus and Information Technology platforms.
In addition, this Policy can be applied to student behaviour that occurs off campus, or in personal communications and online content, under the following conditions:
- When a student is participating in an academic requirement off-campus (including but not limited to a Coop work term, virtual study group, field placement or academic group trip);
- When a student is participating in any College sanctioned event (including but not limited to Orientation, Athletic event);
- When a student is representing or claiming to represent the College, the Mohawk Student’s Association (MSA), or an organization affiliated with the College;
- When such conduct threatens or affects the health and safety of students and College employees;
- When such conduct intends or has the potential to cause harm to students and College employees;
- When such conduct intends or has the potential to impact any College community member’s ability to access College-related services and programs; and
- When there is a real and substantive connection to the legitimate reputation or interests of the College, including the interest of maintaining a respectful and harassment-free working and learning environment.
Please note the examples listed above are not meant to be exhaustive.
2.1 Other Policies and Regulations
In some instances, student misconduct may intersect with or violate more than one College policy. Where multiple internal policies apply, those responsible for administering the procedures will confer to determine which policy should be applied, which takes precedence, and whether engaging multiple procedures is warranted.
2.1.1 Inappropriate communication whether direct or indirect, using any medium, which results in compromising the learning environment or experience, will be managed under this Policy and/or the Acceptable Student Use of IT Resources Policy, as appropriate.
2.1.2 Misconduct that occurs in MSA spaces (e.g. the Arnie, the Cellar), College Residence, and Athletic Recreation Centre is governed by the use of rules and/or regulations specific to the particular area as defined by the applicable corporation or facility. In addition, the provisions of this College Student Behaviour Policy may be applied.
2.1.3 Professional organizations and associations affiliated with specific College programs may have standards of behaviour or a specific code of ethics with which students may be responsible to understand and comply. Any violations of the foregoing standards will be dealt with by the Academic Manager in accordance with the professional organization and association where such regulation originates. Where breach of the standards is also a violation of the Student Behaviour Policy, the student may be subject to Corrective Measures under this Policy, in accordance with the Procedures set forth in this Policy.
2.1.4 Nothing in this Policy shall be construed to prohibit peaceful assemblies and demonstrations (e.g. lawful picketing) or limit freedom of expression as provided by law.
2.1.5 This Policy does not negate or supersede any government legislation and/or municipal, provincial, and federal laws, including but not limited to the Occupational Health and Safety Act, Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act, and Canadian Charter of Rights and Freedoms.
2.1.6 In some cases, where the inappropriate behaviour violates the Criminal Code of Canada, the College may turn to outside authorities, such as police, for assistance.
2.1.7 Procedures under this Policy may be undertaken before, at the same time as, or after, civil or criminal proceedings, where applicable. When a report of student misconduct results in other proceedings, the College may conduct an independent investigation and make its own determination in accordance with this Policy and procedures. The College will cooperate with any external investigations.
3. Definitions
Refer to Appendix F for full list of definitions.
4. Principles
4.1 Safe and Respectful Learning Environment
Mohawk College is committed to establishing and maintaining a learning and working community that is safe and respectful for students and employees.
4.2 Standards for Expected Student Behaviour
Mohawk College is committed to setting and cultivating high standards for student behaviour. The College expects that students will conduct themselves in a responsible manner, on and off campus, at any College-related activity in both learning and non-learning environments.
4.3 Risk Management/Mitigation
Risk mitigation is an integral aspect of maintaining a safe and respectful College community.
4.4 Equity-Based and Restorative Approaches
Mohawk College is committed to implementing equity-based and restorative approaches to guide the management of student misconduct under this Policy. This approach considers the unique experiences of members of underrepresented or disadvantaged groups, including, but not limited to, women, Indigenous Peoples, persons with disabilities, Black and racialized peoples, and members of 2SLGBTQIA+ communities, and the ways in which systemic barriers and challenges of discrimination may have impacted their conduct and/or engagement with this Policy. This equity-lens approach also serves to dismantle the reproduction of systemic discrimination that has been historically embedded within student conduct processes by implementing fair and unbiased Procedures and restorative practices, where applicable.
5. Accountability and Compliance
5.1 Accountability Framework
This policy has been approved by the Senior Leadership Team.
5.2 Compliance
The Director, Student Conduct and Care, is responsible for monitoring the effectiveness of this Policy and associated procedure and initiating review of the Policy on a five-year basis or as appropriate.
6. Student Rights and Responsibilities
6.1 All members of the Mohawk College community are responsible for upholding the College Vision, Mission and Values.
6.2 All members of the Mohawk College community are responsible for ensuring the maintenance of an environment where respectful and appropriate behaviour is expected, valued and promoted.
6.3 Upon enrolling in a course or program of study offered by or through Mohawk College and while a student remains registered in any course or program of study at or affiliated with the College, every student enters into a contractual relationship with the College by which they:
- acknowledge the right of the College to set standards of appropriate student behaviour;
- accept and agree to be subject to the College’s policies, rules and procedures, including this Policy; and,
- accept the right of the College to impose Corrective Measures and Responses for behaviour found to have violated those standards, policies, rules or procedures.
6.4 Students are responsible for their own behaviour in any College-related activity, on or off-campus. They are expected to acquaint themselves with the principles, policies and procedures that govern student behaviour. Students are expected to refrain from engaging in inappropriate behaviour. See Appendix A for a non-exhaustive list of behaviour that is prohibited under this Policy.
6.5 Students are required to attend all meetings scheduled by college officials in the application of this Policy. If the student does not attend scheduled meetings nor submit a written response after having been given a reasonable opportunity to do so, the Policy will be administered without such a response or meeting.
6.6 Students participating in a Procedure under this policy are entitled to procedural fairness rights, including the right to be heard and the right to an impartial decision maker. Please note, procedural fairness rights do not include the right to be represented by a lawyer/legal counsel. Students are not permitted to be accompanied by a lawyer/legal counsel at any meeting or proceeding that falls under the scope of this Policy.
6.7 To ensure all College community members can participate fully in the Procedures under this Policy, reasonable accommodations will be provided to persons who put forth a request. Accommodations will be provided in accordance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA), which means:
The College has the right to request reasonable information from a student making such a request to understand the student’s needs and determine the relevance and reasonableness of the accommodation requested.
The student has the responsibility to participate in their own accommodation process.
7. Rules
7.1 The College will not condone and will respond to behaviour that is illegal, harmful or threatening to others or that is disruptive, abusive, intimidating or that vandalizes College property.
7.2 The College has the right to investigate and manage all complaints that fall under the scope of this Policy. College community members are required to participate in the Procedures under this Policy through to its completion prior to seeking any external resolution process.
7.3 Where the College is in receipt of concerns that fall under the scope of this Policy, and the complainant decides to withdraw from the investigation process, or refuses or is unable to participate, the College reserves the right to proceed with the investigation in their absence.
7.4 Where a student is a Respondent in a Procedure under this Policy, and they simultaneously wish to file a complaint for a related matter under the Student Complaint Procedure and/or Student Human Rights Policy, all Procedures under the Student Behaviour Policy shall be completed prior to the initiation of a complaint under other college policies.
7.5 The College is responsible for making this policy information known and accessible to students and employees.
7.6 The College supports informal resolution, including restorative approaches and the use of early, informal methods of resolution, such as mediation where and when appropriate. For more information about informal resolution options, see “Informal Resolution” in Appendix F.
7.7 Corrective Measures and Responses
Disciplinary and/or restorative responses are available to deal with student misconduct, where appropriate. The nature of the behaviour as well as any aggravating and/or mitigating factors present will determine the corrective response to remedy a particular situation.
Disciplinary sanctions may be progressive in nature and range from verbal warning to expulsion from the College.
Suspension or expulsion may result from a single incident of behaviour that is critical, failure to resolve behavioural concerns at Level Two, a pattern of repeated incidents of major misconduct or failure to comply with previous disciplinary requirements (see Appendix B for information on Level 2 incident resolution).
Support will be offered to those affected by the misconduct, and/or their participation in a process under this Policy, including Complainants and Respondents, as appropriate. The Student Rights and Responsibilities Office will collaborate with the appropriate Academic Manager to put in place interim academic accommodations and support, as required.
Where an employee experiences serious negative impacts related to a student behaviour matter, Human Resources will be informed to connect the employee to resources and support (see Appendix F for definition of “serious negative impacts”).
7.8 The College has the right to impose any sanction it deems appropriate pursuant to the provisions set out in this Policy and related procedures.
7.9 A student may appeal a sanction/outcome decision, where applicable. Appendix D outlines procedures for filing an appeal.
7.10 The College reserves the right, upon appeal, to impose a different sanction than that originally imposed and may establish additional sanctions to those contained in this Student Behaviour Policy.
7.11 Disciplinary sanctions applied may become part of a student’s permanent College record.
8. Confidentiality
Confidentiality with respect to complaints will be maintained to the greatest extent possible, having regard to the circumstances giving rise to the complaint and subject to the College’s obligation to conduct a thorough investigation and outcome process, and subject to the requirements of the law.
Parties and witnesses are expected to keep information discussed confidential, aside from discussing the information with their support person(s) or counsellor. Unwarranted breaches of confidentiality will result in disciplinary action or sanctions.
Confidentiality with respect to the investigation findings and the application of Corrective Measures and Responses will be maintained, except to the extent necessary to implement and/or defend, or as required by law, for example, the College’s obligation under the Freedom of Information and Protection of Privacy Act.
Personal information and information related to complaints, investigations and Corrective Measures and Responses under this Policy will be shared only as necessary. This may include sharing such information between relevant College employees within their offices, and/or individuals responsible for the operation of College-affiliated/partnered programs, in order to carry out the rights and obligations of the College under this Policy.
8.1 Limits to Confidentiality
The College will limit the disclosure of personal information to those circumstances where it deems necessary. These circumstances may include:
An individual is at risk of harming themselves, others, or there are reasonable grounds to be concerned that a risk to the College and/or broader community exists;
Where disclosure is required for the purposes of conducting a thorough investigation and outcome process;
If disclosure is required by law.
9. Protection from Reprisals, Retaliation or Threats
It is a violation of this Policy for a student to retaliate, engage in reprisals or threaten to retaliate against a Complainant, witness, or other individual for reporting concerns under this Policy, having participated or cooperated in a Procedure under this Policy, or having been associated with someone who has pursued a Procedure under this Policy.
The College will take reasonable steps to protect persons from reprisal, retaliation, and threat. Examples of such steps include advising individuals in writing of their duty to refrain from committing a reprisal, restricting an individual’s access to areas of the campus, and restricting their communication, where necessary.
10. Designates
Where the title of a specific College employee is used, that employee may appoint a designate, who may be a member of the Mohawk College community or an external person, as required.
11. Retention of Records
All Student Behaviour Policy records will be retained in secure locations by the Student Rights and Responsibilities Office and/or Security and Emergency Management in accordance with College’s records retention policies and procedures and provisions of the Freedom of Information and Protection of Privacy Act.
12.1 Revision Date
April 2029
12.2 Responsibility
The Director, Student Conduct and Care will review this policy every five years or earlier where required.
Appendix A - Inappropriate Student Behaviour
Examples of behaviours that are not acceptable include but are not limited to the following:
Misconduct Against Individual(s)/Groups
Harassment, intimidation, threats, coercion;
Any course of vexatious comment(s) or conduct that is known or ought to reasonably be known to be unwelcome;
Sexual harassment (See Sexual Assault and Sexual Violence Policy);
Using online forums to defame or complain about College employees in a disrespectful way;
Dissemination of slanderous, defamatory or libelous material regarding any member of the College community using any medium, that ought to be reasonably known to be vexatious, unwelcome, prejudicial or discriminatory.
Bullying
Persistent, offensive, abusive, intimidating or insulting behaviours that are physical, emotional, or psychological in nature, involving a real or perceived power imbalance, which makes the recipient feel upset, humiliated, distressed and/or vulnerable and/or reduces the recipient’s feelings of self-esteem, self-confidence, or self-worth;
Verbal abuse including jokes, derogatory comments, cyber bullying.
Violence and Dangerous Activities
Intentionally creating hazardous conditions that put the College community at risk;
Unwanted physical contact attempting or causing bodily harm such as physical fighting, pushing, punching, slapping, hitting, or shoving.
Hate Activity and Hate Crimes
Any behaviour, gesture, comment, written or verbal, or through online means, that is prejudicial, discriminatory, derogatory, and/or hostile toward any individual related to a personal identity characteristic, attribute or trait that is protected from discrimination under the Ontario Human Rights Code, including but not limited to:
Use of physical force or any form of intimidation or threat of use of force toward an individual based on a Protected Code Ground;
Expressing racist and/or hateful sentiments including but not limited to anti-Indigenous racism, anti-Black racism, anti-Arab racism, anti-Asian racism, anti-Latinx racism, antisemitism and Islamophobia;
Using racial and ethnic slurs, misogynist, sexist, homophobic or transphobic slurs;
Wearing or displaying hate signs, symbols, emblems or displaying of names, words, and images that indicate the intention to infringe or incite the infringement of the rights of others.
Inappropriate Communications
Repeated pattern of disrespectful emails to College community members;
Repeated pattern of communication with College community members that threatens legal action against them in an intimidating way;
Making disrespectful and unwanted comments about or to College community members over social media;
Taunting/derogatory comments/inappropriate joking.
Disruption & Disrespectful Conduct
Disrespectful and/or harmful actions at events off-campus that are readily identifiable with the College or any part of it;
Indecent public acts, such as streaking and exhibitionism (See Sexual Assault and Sexual Violence Policy);
Unapproved solicitation, including but not limited to unsanctioned fundraising or unauthorized sales on campus grounds;
Unauthorized, disruptive cell phone use including but not limited to unauthorized recording, inappropriate photography and cyberbullying;
A pattern of repeated offences.
Disruption in the Learning Environment
Attempts to divert the class time/attention in support of any personal, political, religious, or social agenda;
Late arrival to class accompanied by noisy interruptions meant to disrupt the class;
Intentional loud, disruptive interactions or activity, such as inappropriate questioning, commenting and swearing.
Property-Related Misconduct
Intentionally creating hazardous conditions that put College property at risk of being damaged;
Theft;
Vandalism, misappropriation, damage, defacement, destruction of property;
Tampering with emergency telephones, fire protection equipment, or emergency facilities (e.g. fire bells, fire extinguishers, fire hoses); disconnecting or blocking fire alarms; setting unauthorized fires, or raising a false fire alarm);
Using College property, facilities, or resources to promote, engage in, or further an activity which contravenes any provision of the Criminal Code or any other local, municipal, provincial, or federal statutes;
Using College facilities, equipment, technology, supplies or resources without authorization or contrary to express instructions and/or facilitating or allowing unauthorized access to College-owned or controlled property.
Unauthorized Recordings
Using an electronic or other audio or video recording-capable device (including a mobile telephone) to photograph or record any person without their prior knowledge, or without their consent, when the person or persons being recorded have a reasonable expectation of privacy, and/or when such recording would likely cause a reasonable person harm or substantial emotional distress;
Distributing and/or transmitting private photographs or recordings of any person without express permission, including photographs/recordings taken without the subject’s knowledge;
Photographing or video recording confidential or sensitive College information, including recording meetings with College officials without express permission.
Smoking, Alcohol Use and Other Drugs
Smoking and vaping is strictly prohibited anywhere on Mohawk College property, including but not limited to washrooms, classrooms, parking lots and personal vehicles while on College property, residences, College owned vehicles, sports fields and pathways. (See Smoke-Free Campus Policy);
Alcohol and drug violations including inappropriate behaviour resulting from alcohol and drug use;
Illegal distribution of a controlled or restricted substance on College property.
Contravention of College Policies of Other Laws
Behaviour that violates a provincial or federal law, including all Public Health regulations, including, the Quarantine Act;
Behaviour that violates College policies, protocols or directives;
Behaviour that interferes with or obstructs college business;
Violation of established learning environment rules.
Failure to Comply
Failure to comply with directives of a College official who is administering this Policy, and/or failure to identify oneself to such persons when requested to do so;
Failure to comply with any procedure under this Policy;
Failure to comply with any Corrective Measure imposed by the College for misconduct under this Policy.
Abuse of Processes
Use of College procedures or regulations for the purpose of harming another person in reputation or their standing in the College;
Knowingly making a false report of misconduct against any member of the College community or assisting another person in making or pursuing the same;
Intentionally misrepresenting or making false statements during an investigation or proceeding.
Reprisal/Retaliation
Trying to discourage any individual’s proper participation in, or use of, a procedure under this Policy or any College policy;
Any direct or indirect retaliation (e.g. through coercion, intimidation, threats or social pressure) against a complainant, witness, respondent, or anyone perceived to have participated in a procedure under this Policy.
Violating Confidentiality
Obtaining, accessing, or disclosing all or any part of the confidential personal records of a member of the College community, or disclosing to others the content of such records, without that person's express consent;
Disclosing all or any part of the confidential information obtained through participation in a procedure under this Policy or any College policy, except to the student’s designated support person or therapist/counsellor.
Appendix B - Student Behaviour Procedure
Level One
Students are encouraged to try to resolve issues directly, peer to peer, provided they feel comfortable and safe in taking such action.
If a student observes or experiences behaviour that is inappropriate that they cannot resolve, they should report it to a College employee with the understanding that confidentiality will be maintained as far as possible. Such reporting shall not be provided anonymously. It should be noted that confidentiality does not mean anonymity.
If a College employee observes or receives a report of inappropriate student behaviour, they should attempt to address the concerns personally and directly. The student will be advised that the behaviour is in violation of the Student Behaviour Policy, asked to stop the activity and/or move the activity to an appropriate location.
College employees seeking personal conflict coaching to support them with resolving the situation directly may reach out to the Student Rights and Responsibilities Office (SRRO) to learn strategies related to managing and transforming the conflict.
Where College employees resolve the concerns personally and directly, they should document all details of the incident(s) and attempts at resolution(s).
Additional responses may include referral to College resources for support or information.
Students may be temporarily removed from the learning environment and may be required to meet with a College employee to review their behaviour prior to returning to the learning environment.
For behaviour deemed not to be manageable by the persons directly involved, they should refer the matter to the Student Rights and Responsibilities Office.
For safety or security specific concerns, Security and Emergency Management will be contacted.
Level Two
If the behaviour escalates to a risk or concern of personal or physical safety, involved parties are to make every effort to keep themselves free from harm, and contact Security and Emergency Management, immediately to initiate a Level Three: Critical Behaviour Incident response.
If it has not been possible to manage the behaviour at Level One, or if behaviour escalates to a greater level of concern or a single serious incident warrants an official response, the incident will be referred to the Student Rights and Responsibilities Office. The referral should be made through their Public Incident Report Form.
The Student Rights and Responsibilities Office and/or Security and Emergency Management will collect and review information and evidence to determine if the concern(s) falls within the application and scope of this Policy.
Student behaviour incidents and concerns will be reported to the Academic Manager or the leadership role of the partnership program affiliated with the College who is responsible for the student, program, or area in which the incident occurred, if that person has not already been informed or involved, in instances where the Student Rights and Responsibilities Office and/or Security and Emergency Management deems the concern relevant to the program area.
Where the Complainant and Respondent agree, the Student Rights and Responsibilities Office will work with both parties to facilitate an Informal Resolution of the matter. If the Informal Resolution process breaks down or is unsuccessful, the Complainant can pursue an investigation under this Policy. Any information obtained during an Informal Resolution process is without prejudice and cannot be introduced as evidence in any investigation. The College reserves the right to initiate an investigation where an informal resolution is not appropriate, or the behaviour is too serious to be addressed informally.
An investigation of the student behaviour incident or concern(s) may be conducted, as required, by the Student Rights and Responsibilities Office. Security and Emergency Management may conduct investigations, where applicable. Investigations may involve collaboration with Cyber Security Services, as appropriate.
An interim student suspension may be issued by the Director, Security and Emergency Management or the Director, Student Conduct and Care during the period of investigation, as appropriate to the circumstances. The student must be informed immediately, in writing, of the reasons for the interim suspension and must be afforded the opportunity to respond. Interim suspensions must be reviewed within five working days. The interim suspension may be extended for a period of no more than ten (10) working days in order to complete the investigation and, where appropriate, Outcome process, pursuant to Appendix C: Corrective Measures and Responses.
The Student Rights and Responsibilities and/or Security and Emergency Management will serve as the investigator and will consult with all relevant parties involved with the student(s) behavioural concerns and meet with the student(s) to understand and begin to review and address the concerns. The investigator will make a finding of whether or not the student violated the Student Behaviour Policy based on the balance of probabilities.
If an investigation is required, it will be completed by the Student Rights and Responsibilities Office and/or Security and Emergency Management in a timely manner. Where appropriate, the investigator will provide Respondents with an update on the status of the investigation every ten (10) working days.
A report of the investigation findings will be generated and provided to the Director, Student Conduct and Care in cases where there exists a clear reputational and/or serious safety risk to the College.
Where the student has been found in violation of this Policy, Corrective Measures and Responses/Outcomes will be applied.
Decisions regarding Corrective Measures will be made by the Student Rights and Responsibilities Office in all cases where suspension and expulsion do not apply. Final decisions regarding suspensions reside with the Director, Student Conduct and Care, informed by the Manager, Student Rights and Responsibilities and Director, Security and Emergency Management, and in consultation with a member of the Mohawk Executive Group as required. Final decisions regarding expulsions reside with the Vice President, Students and International, informed by the Director, Student Conduct and Care and Director, Security and Emergency Management, and in consultation with another member of the Mohawk Executive Group as required.
Corrective Measures and Responses/Outcomes, including sanctions, will be communicated directly to the student in writing and verbally where possible.
In the case of suspension or expulsion, a written letter outlining the sanction and rationale will be provided to the student by the Director, Student Conduct and Care or Vice President, Students and International.
Level Three: Critical Behaviour Incidents
Behaviour is considered critical when:
the continued presence of a student on campus constitutes or is a significant risk of danger to the College;
the student’s behaviour is threatening or presents a clear and present danger to any person or College property;
the behaviour constitutes an intolerable interference with the College’s mission;
there is significant risk to further allegations against the student; and/or
serious breaches of conduct have occurred, including but not limited to weapon possession, violence, and threats of bodily harm.
Where required, an interim suspension will be issued by the Director, Security and Emergency Management to allow for an investigation period.
The student must be informed immediately, in writing, of the reasons for the interim suspension and must be afforded the opportunity to respond. Interim suspensions must be reviewed within five working days. The interim suspension may be extended for a period of no more than ten (10) working days in order to complete the investigation and, where appropriate, outcome decision, pursuant to Appendix C: Corrective Measures and Responses.
Management of the matter under the Violence Prevention and Protection Policy will be considered when serious, imminent, life threatening injuries occur.
Where a violation of the Policy has occurred, a report of the investigation findings will be generated and provided to the Student Rights and Responsibilities Office to administer Corrective Measures and Responses/Outcomes.
A report of the investigation findings will be provided to the Director, Student Conduct and Care in cases where there exists a clear reputational and/or serious safety risk to the College.
Decisions regarding Corrective Measures and Responses will be made by the Student Rights and Responsibilities Office in all cases where suspension and expulsion do not apply. Final decisions regarding suspensions reside with the Director, Student Conduct and Care, informed by the Manager, Student Rights and Responsibilities and Director, Security and Emergency Management, and in consultation with a member of the Mohawk Executive Group as required. Final decisions regarding expulsions reside with the Vice President, Students and International, informed by the Director, Student Conduct and Care and Director, Security and Emergency Management, and in consultation with another member of the Mohawk Executive Group as required.
In the case of suspension or expulsion, a written letter outlining the sanction and rationale will be provided to the student by the Director, Student Conduct and Care or Vice President, Students and International.
Appendix C - Corrective Measures and Responses/Outcomes
If a finding of an investigation under this Policy, or any applicable College policy, substantiates a report of student misconduct, the College will determine the appropriate Corrective Measures and Responses through the administration of an Outcome process. Sanctions and restorative measures may be used independently or in combination and must balance the needs of the student(s) and the interests of the College. Disciplinary action must be reasonable and reflect the severity of the misconduct. Repeat or multiple violations shall increase the severity of the sanctions applied. When determining an appropriate Corrective Measure/Outcome, circumstances of the incident(s), including any relevant aggravating, mitigating, and/or Gladue factors, must be considered, such as:
- Severity of the misconduct including the effects on other members of the College community;
- The deliberateness of the misconduct;
- The significance of the misconduct as an isolated incident or as part of a pattern of misbehaviour;
- The student’s honesty, or lack of thereof, and level of cooperation with College staff during investigation and outcome processes;
- The student’s demonstration, or lack of thereof, of genuine remorse and/or willingness to take accountability for their inappropriate behaviour;
- Gladue factors and equity-based considerations, including whether or not the misconduct may reasonably be connected to systemic or background factors for members of underrepresented or disadvantaged groups; and
- Whether or not the impact of the sanction may reproduce historical inequities for members of underrepresented or disadvantaged groups.
1. Restorative Responses
An intervention intended to assist students and involved parties to repair harm, rebuild trust, and to restore relationships. Rooted in principles of restorative justice, this approach seeks to engage the affected parties in a collaborative process to understand the underlying causes of the misconduct, address its impact, and identify steps for resolution.
The goal is to foster accountability, personal growth, and community well-being, and to ensure students learn from their mistakes and contribute positively to the College environment. This may include anything from referrals for medical assessment or counselling to apologies, facilitated dialogues, and/or any of the options listed below.
1.1 Apology/Accountability Statement
An apology or accountability statement is a sincere expression of remorse and responsibility by an individual for their actions or behaviour that caused harm or disruption. The student should go beyond a mere acknowledgement of wrongdoing and seeks to demonstrate a deep understanding of the impact of one's actions on others, the underlying reasons for such behaviour, and a commitment to take steps to prevent its recurrence.
1.2 Educational Activities
An educational activity refers to a structured learning experience designed to foster personal growth, insight, and deepen understanding following a Policy violation or behaviour that caused harm. This could include workshops, seminars, reflective essays, or other tasks that focus on skill-building, empathy cultivation, and promoting behaviour aligned with the College’s mission and values.
1.3 Community Service
Community service is a constructive and reparative action wherein the student contributes positively to the College or to the broader community, which may include engagement through co-curricular involvement. The type of service, location (as applicable), and timeframe shall be specified, and shall not exceed 40 hours. The student will be required to provide information about compliance to the Student Rights and Responsibilities Office.
1.4 Support Agreement
Support agreement refers to a requirement to follow a mutually agreed upon plan of care or supportive program, whereby the student chooses to engage, with set parameters, in the support services offered by the College and/or community. There may be a requirement to periodically provide information about compliance with the Agreement.
1.5 Conflict Coaching
Conflict coaching is a personalized service aimed at enhancing a student’s conflict management and communication skills by exploring their conflict styles, developing strategies, and building self-confidence. These sessions, tailored to the individual's needs, can range from addressing specific disputes to general skill-building, often taking on an informal, conversational tone.
2. Sanctions/Disciplinary Outcomes:
2.1 Verbal Warning
A verbal warning refers to a verbal statement to a person or group indicating that their actions are unacceptable and that continuation of such misconduct may be cause for more severe disciplinary action.
2.2 Written Warning
This refers to a written notice given by the Student Rights and Responsibilities Office informing the student that their actions have violated a College regulation or expected standard of behaviour and that any repetition of the misconduct may lead to more severe disciplinary action. A Behaviour Contract can be issued in conjunction with a written warning.
2.3 Temporary Removal
Temporary removal refers to an order by a professor, lab technician, placement supervisor, librarian, counsellor or other College employee in a position of authority, directing a student to immediately leave the classroom, laboratory, placement, resource center or other area of a campus. Temporary removals are of limited duration only, for a period not exceeding one working day and may be issued for disruptions of a non-serious nature. In instances where a College employee temporarily removes a student for misconduct under this Policy, they should notify the Student Rights and Responsibilities Office by filing a report through their Public Incident Report Form.
2.4 No Contact Order
This order mandates that the individuals involved refrain from any form of contact, whether direct or indirect, including but not limited to verbal communication, electronic messaging, and social media interactions. Once issued, No-Contact Orders remain in effect until officially revoked.
2.5 Loss of Privileges
This references removal of specified privileges for a designated period of time, which do not directly impact on a student’s academic activity, including but not limited to access to College facilities, services and activities.
2.6 Behaviour Contract
A required written agreement outlining the terms and conditions by which the student must abide in order to remain as a student in the College. A behaviour contract will specify measurable behaviour and required actions that must be met by the student. Resources may be recommended to assist the student in meeting the behavioural outcomes. Contracts will be facilitated and monitored by the Manager, Student Rights and Responsibilities. Failure to abide by the terms of the contract will result in more severe disciplinary action or possible suspension or expulsion from the College.
2.7 Non-Academic Probation
This penalty constitutes a loss of good standing at the College. It is designed to allow the student to attend classes and placements but limits access to College facilities and services, such as the Athletic and Recreation Centre, and participation in campus activities. It may include specific terms and conditions outlined in a behaviour contract. Probation is generally levied for a designated period of time and serves as a warning of more severe disciplinary sanctions if the student further violates any College regulation. Resources may be recommended to assist the student in meeting the required actions.
2.8 Restitution
This involves compensation for loss, damage or injury, reimbursement for vandalism or misappropriation of property. Restitution must be made within a specified period of time and the College may withhold grades, diplomas or future registration until terms of the restitution are met.
2.9 Registration Hold
A hold placed on a student’s account prohibiting access to the College or course registration process and can impact a student’s ability to access grades. Holds may be placed on accounts until students acknowledge the request of the Student Rights and Responsibilities Office or for failing to comply with interim measures or Outcomes imposed in accordance with the provisions of this Policy.
2.10 Suspension
Student is suspended from their program for a definite period of time following a meeting with the Director, Student Conduct and Care. Conditions for re-entry may be specified. This penalty may result in failing (F) grades or a compulsory withdrawal (W) for the courses in which the student is registered at the time of suspension. No fees will be refunded. The College does not accept liability for the student’s academic eligibility in the subsequent semesters or any financial consequences that may arise as a result of the suspension. The student shall be eligible to apply to return following the suspension period.
2.11 College Expulsion
The student is removed from their program and permanently expelled from Mohawk College with no refund issued for any fees incurred. This penalty will result in failing (F) grades or compulsory withdrawal (W) for the semester in which the student is registered at the time of the expulsion. No fees will be refunded. A Trespass Order will be issued by the Director, Security and Emergency Management.
2.12 Re-entry Plan
Students seeking re-entry to the College following suspension or expulsion are required to establish a Re-entry Plan, a written agreement between the student and the College that specifies the required actions which must be taken by the student in return for re-admission to the College (for further description, see Appendix E).
NOTE: All decisions under this Policy regarding suspensions and expulsions must involve the Director, Student Conduct and Care and the Director, Security and Emergency Management. A Mohawk Executive Group member should be consulted as required, or informed.
3. Reserved Right
The College reserves the right to impose any sanction, summarily and without notice if, in the judgment of the College, the operation of the institution would be seriously impaired. The College also reserves the right to impose a different sanction after a determination of violation than the sanction originally opposed and may establish additional penalties.
Appendix D - Student Behaviour Appeal Procedures
Corrective Measures and Responses/Outcomes applied in response to a Level Two or Level Three Policy violation may be appealed by the student who received the Outcome, provided that written notice of the appeal is filed with the Registrar at registrar [at] mohawkcollege.ca (registrar[at]mohawkcollege[dot]ca) within ten (10) working days of the date on which the Outcome decision was rendered, and the application includes one or more valid grounds for appeal.
The only valid grounds for appeal are:
- Where there is evidence of a substantial procedural or factual error, including the denial of procedural fairness rights, that reasonably could have materially affected the outcome decision;
- Where significantly new and materially relevant evidence emerges that was not available prior to or at the time of the investigation and outcome process;
- Where there is evidence the decision maker was biased or had a conflict of interest that prejudiced the student;
- Where the Corrective Measure/Outcome imposed is unreasonable, having regard to the nature and severity of the misconduct.
The notice of appeal must include:
- The grounds under which the appeal is being made;
- The explanation/reasons that will be used to support the grounds for appeal;
- The Outcome decision letter/notice along with any other supplementary documentation/information in support of the appeal;
- Names of any support persons the student wishes to have in attendance (“support persons” as defined in this Policy, which states support persons cannot be legal counsel nor an individual involved in the matter);
- Identification of the type of resolution sought.
The Chair of the Appeal Committee will review and assess the written appeal submission to decide if the appeal will be heard.
If a student’s appeal contains new information about something they claim may have affected the Outcome decision, through no fault, delay or omission of the student and was not known or was not available to the student at the time the prior Outcome decision was made, the Chair may stay the appeal and forward any new information to the prior decision-maker for reconsideration. The Chair will receive a written decision on the reconsideration before further processing the appeal.
If it is decided that an appeal will be heard, the Appeal Hearing procedure, managed by the Registrar’s Office, will be scheduled to take place within ten (10) working days of the date of filing of the appeal, which may be extended for a period of no more than fifteen (15) working days, unless a delay is caused by exceptional circumstances. Written notice of the Appeal hearing must be provided to all parties.
If a request for appeal is denied, the Outcome decision administered by the Student Rights and Responsibilities Office, Director, Student Conduct and Care, or Vice President, Students and International shall be considered final and there is no further right to appeal.
Appeals filed under this Policy may be dismissed by the Chair of the Appeal Committee without hearing if it appears that the appeal is frivolous, vexatious, or an abuse of process, or there is no reasonable prospect that the appeal can succeed.
The Appeal process will be conducted as a formal hearing before a panel of the Appeal Committee. The Appeal Committee is a standing group of trained Mohawk College students and employees, and includes the following members (or designates):
- Chair - Registrar (Non-Voting)
- 1 Faculty Member
- 1 Non-Faculty Member
- 2 Students (1 MSA Board Member and 1 student chosen by the MSA)
- 1 Academic Manager
- 1 Student Conduct Subject Matter Expert (Non-Voting), with no prior involvement in the Outcome that is being appealed, will be requested on an ad hoc basis to support the Appeal Committee.
Standing members of the Appeal Committee shall serve a one-year term. Regular training will be provided to members of the Committee and will be coordinated by the Chair and the Director, Student Conduct and Care. Members will attend appeal hearings and carry out their duties as highlighted in the Terms of Reference.
To participate in a given meeting, each committee member must not have any prior involvement in the Outcome which is being appealed. A committee member who feels they have a conflict of interest at any point during an appeal must advise the Chair immediately so that a designate panel member can be appointed.
The Chair facilitates the panel hearing and ensures that the meeting runs in an orderly manner. It is at the discretion of the Chair on how they choose to format the meeting. All procedures are to be followed in accordance with the Mohawk College Student Behaviour Policy SS-3200-2006.
In addition to the Panel membership, other people who may be present at the hearing include: the student appealing their Outcome and their support person(s), the College representative responding to the Appeal, and witness(es). Any witnesses the student has identified as part of their written appeal to support their appeal should be present at the meeting. Legal Counsel is not permitted to attend Appeal Hearings with, or on behalf of, a student.
If the student appealing their Outcome fails to attend the appeal hearing, a decision may be made in the student’s absence.
The Student Behaviour Appeal Committee will render a written decision within five (5) working days of the Appeal hearing. The Chair will provide a copy of the decision to those individuals identified in the notice of hearing, as well as any other individuals who attended the hearing who indicated a desire to receive a copy of the decision.
The Appeal Committee will make one of the following decisions below:
a) Appeal denied – original Outcomes are upheld and considered final;
b) Appeal accepted – all original Outcomes are removed;
c) Adjustment – original Outcomes are lowered, increased, or modified. The Committee will determine the appropriate Corrective Measures and Responses that will replace all or part of the original Outcomes. These will be communicated to the Student Rights and Responsibilities Office and/or Director, Student Conduct and Care, who will be responsible for administering the adjusted Outcomes.
The Committee’s decision is final.
Appendix E - Re-entry Process
Re-Entry Plan is applicable to those students who have been suspended or expelled and are seeking readmission to the College. The Re-entry Plan references a written agreement between the student and the College that specifies the required actions which must be taken by the student in return for re-admission to the College.
Students seeking re-entry to the College following suspension or expulsion are required to contact the Director, Security and Emergency Management to make this request.
A meeting will be arranged between the student, the Manager, Student Rights and Responsibilities Office and the Director, Security and Emergency Management to explore the student’s circumstances and to determine whether the behaviours that led to the suspension or expulsion are now appropriately managed and no longer a source of concern. Consultation will be undertaken as appropriate. Final re-entry plans will be reviewed by the Director, Student Conduct and Care, who will accept, deny, or modify the proposed re-entry plan, and make a final determination regarding approval or denial of the student’s re-entry request.
In order to support the student’s ability to manage their behaviour appropriately within the learning environment, a behaviour contract may be issued which clearly outlines the expectations for student’s behaviour and the potential consequences should the student breach the terms of the behaviour contract. Behaviour contracts are reviewed and re-issued as required with the start of each subsequent semester the student attends, unless otherwise specified.
The decision to approve or deny re-entry requests will be shared with the student by the Director of Security and Emergency Management.
Where re-entry requests are approved, the Director, Security and Emergency Management, Manager, Student Rights and Responsibilities Office and/or designate(s), will notify the appropriate Academic Manager and work with the student to implement and monitor the re-entry plan, as applicable. Any employee who experienced serious negative impacts as a result of the behaviour that led to the student’s suspension will be notified that the student will re-enter the College.
Appendix F - Definitions
“Academic Manager” means a managerial employee who performs administrative duties with oversight of academic activities in each Department or School, typically an Associate Dean. The Academic Manager may assign part or all responsibilities for discharging the duties of this policy to an alternative administrator or designate (e.g., Program Manager) as required.
“Accommodation (for Procedures under the Student Behaviour Policy)” means any adjustments or modifications made to standard procedural processes to ensure fairness and accessibility for individuals with disabilities or other needs, which allows everyone to fully participate in meetings or proceedings under this Policy. This may include providing additional breaks, having an interpreter in the meeting, or changing the time or format of the meeting to better suit the individual’s needs. Additionally, the Student Rights and Responsibilities Office will provide support to students who require accommodation to transcribe an oral complaint, upon request. Students are responsible for participating in their own accommodation process.
“Accountability” refers to students’ obligation or responsibility to answer for their conduct and decisions. It encompasses the expectation that students will be transparent, will take ownership of their actions (both positive and negative), and will face consequences when they fail to meet the expectations of the College.
“Aggravating Factors” are circumstances or actions that may increase the culpability of the Respondent and severity of the Corrective Measures and Responses applied. These factors can include, but are not limited to, a pattern of Policy violations, deliberateness and understanding of the Policy violation(s), or serious impacts on the College community.
“Anonymity” is the process of ensuring that the identity of a person is not revealed or linked to their actions or statements. This may include, reporting a safety concern without providing personal details. It must be noted that any formal complaint under this Policy requires disclosure of personal information for a procedurally fair investigation process.
“Balance of Probabilities” is the standard of proof used in investigations under this Policy, which means that for a respondent to be found responsible for a violation, the evidence gathered indicates that the allegation(s) is more likely to be true than not to be true.
“Case” is an instance or occurrence of a reported potential violation of a College policy that is under investigation or review, which involves the gathering of evidence, interviews with Complainant and Respondent, witness testimonies, and, where applicable, an outcome process.
“Complainant” refers to an individual(s) who has made a formal or informal complaint pursuant to this Policy.
“Conduct” refers to both actions and the motivations behind those actions, as well as choices not to act, and is associated with a set of rules or guidelines that the College community are expected to follow, ensuring respect and shared values of the College.
“Confidentiality” is the process of ensuring that information shared in a private context is not disclosed to unauthorized parties without the consent of the person who provided it, while their identity may still be known to those handling the information. Any formal complaint will follow a strict confidentiality process where some information will be shared with the Respondent of the complaint and/or other College offices, including the academic area, as it becomes necessary to resolve the complaint successfully.
“Consult” is seeking advice, guidance, or information from a knowledgeable source, such as a faculty member, Student Success Advisor, or from Student Rights and Responsibilities Office, often to better understand one’s rights, responsibilities, options or procedural steps in a given situation.
“Counter Complaint” is a complaint made by a Respondent in response to a complaint against them, which alleges the original Complainant has also engaged in inappropriate or violative behavior. The counter-complaint may or may not contain allegations relating to the same incident cited in the original complaint. Examples may include asserting a counter allegation of bullying in response to a harassment claim or claiming misconduct by a classmate who initially accused you of a policy violation.
“Disrespect” refers to behaviour that undermines the dignity and rights of others, including actions or language that are rude, demeaning, or offensive, contributing to a hostile or unwelcoming learning and working environment. This includes, but is not limited to, using derogatory language or slurs, mocking or making fun of other students, or spreading false information.
“Equity-lens” is an approach that integrates the perspective of recognizing and addressing systemic inequities that may be present within the College and broader society. This approach amplifies the voices and needs of students who are part of underrepresented or disadvantaged groups, ensuring that policies and procedures are substantively equitable and just for all, considering the unique needs of these communities (including, but not limited to, women, Indigenous Peoples, persons with disabilities, Black and racialized peoples, and members of 2SLGBTQIA+ communities).
“Expected Behaviour” refers to student actions that make Mohawk College a productive and positive place to learn and work.
“Gladue Factors” is a principle in Canadian law that mandates decision makers to consider the unique circumstances of Indigenous respondents. The principle emphasizes the importance of considering systemic and background factors, such as the effects of colonization, residential schools, and intergenerational trauma, that might have contributed to the Indigenous person’s involvement in policy or legislation violation.
“Harassment” is unwanted and unwelcome behaviour that demeans, threatens, or oppresses another person, creating a hostile or intimidating learning and working environment. This can include verbal, physical, or psychological actions that are discriminatory or abusive in nature. Harassment may be a course of vexatious behaviour or a single incident of such behaviour that ought to reasonably be known as unwelcomed, such as but not limited to, sending repeated and unwanted messages or emails to someone, making derogatory comments about a person’s race, gender, or religion, or physically intimidating or following someone around.
“Harm” is the negative impact of a comment(s), an action(s) or an event(s) that affects individuals, relationships, and communities. Such actions or events exist beyond physical injury or legal violations and include emotional, psychological, social and relational damage. Harm disrupts the sense of safety, trust, dignity, and wellbeing of those involved.
“Inappropriate Behaviour” or “Misconduct” is any behaviour a student knows, or ought reasonably to know, would:
- adversely affect the safety of the College community;
- adversely affect the learning environment, experience of others, or the College’s educational mission;
- violate municipal, provincial or federal laws;
For a list of Inappropriate Student Behaviour, see Appendix A.
“Inappropriate Communications” refers to any form of communication (verbal, written, electronic) that is oppressive, abusive, threatening, spreading false information, or otherwise unsuitable for a positive learning and working environment, and violates the norms of respectful conduct. These may include, sending harassing or threatening emails to a classmate, making inappropriate jokes or comments, or using social media to spread rumours or insult College students and employees.
“Informal Resolution” is a process used to address and resolve conflicts or alleged breaches of the Policy outside the formal investigation and outcome process. This voluntary process emphasizes understanding, accountability, and restoration, aiming to maintain a positive learning environment and avoid potential escalation of conflicts. Examples of this process may include:
- “Facilitated Dialogue” is a structured conversation between parties in conflict, guided by a trained facilitator. Often using the "Circle Process" rooted in Indigenous practices, this method allows participants to openly share feelings and experiences in a confidential space, aiming for a mutual understanding of harm caused and re-building of relationships.
- “Mediation” is a confidential space for individuals in conflict to openly discuss their feelings, experiences, and concerns, especially issues related to conduct and human rights issues. As a goal-oriented process, it aims to facilitate understanding and help parties find a mutually agreeable resolution.
- “Shuttle Negotiation” is a method where instead of meeting directly, parties communicate through a mediator. Each participant discusses their concerns and desires separately, and the facilitator then communicates between the parties, working towards a mutually agreeable solution, usually culminating in a binding written agreement.
“Interim Measures” are non-disciplinary restrictions placed on an individual’s rights and privileges in order to ensure the safety of the College community and provide time for the College to conduct an investigation and, where appropriate, outcome process. The implementation of interim measures does not imply a finding of Policy violation. The College may impose interim measures immediately, prior to, or during the investigation and outcome process. Examples of such measures include interim No Contact Orders and restricting access to certain parts of campus and/or attending class. Such measures must balance the safety of the College community with the requirement of fairness to both the Complainant and the Respondent.
“Interim Suspension” is an example of a non-disciplinary interim measure put in place for the duration of an investigation and, where appropriate, outcome process, pursuant to Appendix C, when there is a significant risk to further allegations against the student and/or serious breaches of conduct. An interim suspension means the student is not permitted to attend Mohawk College or any of their classes, including any College-related activities or placements, during this period.
“Intimidation” is any behaviour or communication that instills fear, induces distress, or exerts undue pressure on another person, often (but not always) with the intent to manipulate, control, or influence their actions or decisions. Such behaviours can include threatening to harm a student if they report an inappropriate behaviour, using aggressive body language in communication, or bullying a classmate to complete a task for you.
“Investigation” is a formal process of gathering and examining evidence related to an alleged violation of the Policy. This process aims to determine the facts of the incident and whether or not a policy violation occurred.
“Learning Environment” refers to the diverse range of physical, virtual, and social spaces where students engage in academic, research, and extracurricular activities to acquire knowledge, skills, and competencies. This can include traditional classrooms, lecture halls, and libraries, but extends to laboratories, placements, co-op programs, and informal spaces on and off campus where collaborative learning and peer-to-peer student interactions take place.
“Mitigating Factors” are circumstances or actions, while not excusing or justifying the behaviour, that may reduce the culpability of the Respondent and the severity of Corrective Measures and Responses applied. These factors can include, but are not limited to, the Respondent’s misconduct being an isolated incident, the Respondent showing genuine remorse and/or taking responsibility for their behaviour, or other personal challenges faced by the Respondent.
“Mohawk College Community” refers to students, employees and visitors on Mohawk Campuses and/or carrying out Mohawk College activities.
“Procedural Fairness” is achieved by informing respondents of all allegations and evidence against them, and by giving them reasonable notice of the time, place and nature of the meeting where they can respond personally to the allegations. It also involves providing complainants and respondents with information about the College’s investigation and decision-making processes and ensuring that outcomes are determined by an impartial decision maker. Procedural fairness under this policy does not include the right to be represented by an agent/lawyer/legal counsel.
“Professional” refers to conduct that aligns with the expectations of a student in the College, placement, or co-op environment which are characterized by ethical behaviour, integrity, responsibility, and adherence to institutional policies, including respectful communications.
“Protected Grounds” are personal attributes or characteristics that are protected from harassment and discrimination under the Ontario Human Rights Code. Every person at the College is protected from discrimination and harassment on the basis of:
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status
- Gender identity, gender expression
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
“Racism” is defined by the Ontario Human Rights Commission as “an ideology that either directly or indirectly asserts that one group is inherently superior to others. It can be openly displayed in racial jokes and slurs or hate crimes, but it can be more deeply rooted in attitudes, values and stereotypical beliefs. In some cases, these are unconsciously held and have become deeply embedded in systems and institutions that have evolved over time. Racism operates at a number of levels, in particular, individual, systemic and societal.”
“Reprisal” or “Retaliation” refers to an action or threat that is intended as revenge or punishment against someone for pursuing or participating in a procedure under this Policy.
“Respect” refers to behaviour that acknowledges the dignity and rights of others, fosters an inclusive and welcoming environment, and is characterized by considerate and courteous behavior towards other students and employees. This includes, but not limited to, active listening and speaking without interrupting the speaker, using appropriate titles, names and pronouns, and communicating politely.
“Respondent” refers to student(s) who is alleged to have violated the rules and responsibilities set out in this Policy.
“Restorative Measures” are corrective responses that focus on addressing the needs of the respective parties involved in an incident of inappropriate student behaviour, as well as the involved community, in order to repair harm, restore relationships and promote accountability.
“Risk” is the likelihood of a negative outcome occurring.
“Safe” refers to a situation where there is no significant risk of serious harm or danger.
“Safety Planning” is a collaborative process aimed at developing a plan to ensure safety and minimize future risks.
“Sanctions” are disciplinary corrective responses that are imposed to address inappropriate behaviour (For a list of Corrective Measures and Responses/Outcomes, see Appendix C)
“Serious Negative Impacts” means a significant and harmful consequence, often causing substantial damage or disruption to a person, potentially leading to severe repercussions or long-term negative effects.
“Student” is any person who is:
- enrolled in a single course, audit course, apprenticeship training or educational program, at or offered by the College;
- enrolled in a single course, audit course, apprenticeship training or educational program at or offered by an affiliated educational establishment of Mohawk College;
- suspended, on a scheduled break or on leave of absence from the College or who has deferred enrolment in a course, apprenticeship training or educational program at or offered by the College or by an affiliated educational establishment.
“Support” refers to assistance or resources provided to students to help them navigate academic, personal, or behavioural challenges, including counselling, academic advising, or peer support programs.
“Support Persons” means an individual chosen by either the Complainant or the Respondent to accompany and assist them through participation in all procedures under this Policy. Although a support person may provide emotional support, accessibility support, or translation support, they may not act as an advocate, a representative, or speak on behalf of the student. Students are not permitted to bring legal counsel as their support person.
- The role of a support person for students with accessibility needs: A student with an accessibility need has a disability diagnosis or has a condition which requires accommodation. A support person is an individual who provides accommodation support to enable the student to access and engage with the Procedures under this Policy. Support persons are required to maintain confidentiality.
- The role of a support person for moral and/or emotional support: A support person who is present in a meeting is only there for moral and/or emotional support and is not to act as an advocate, a representative, or speak on behalf of the student, such as a lawyer/legal counsel, i.e., the student must answer the questions and speak for themselves, and not the support person. The support person can be an individual, such as a friend, mentor, or family member, who is not a witness to or involved in the matter. Support persons are required to maintain confidentiality.
“Threat” is a clear and deliberate expression of intent to cause harm, often specifying details such as the action, target, and timeframe.
“Unprofessional” refers to actions or behaviours that deviate from the expected standards of conduct in the College, placement or co-op setting, often involving unethical practices, irresponsibility, a lack of integrity, and/or non- adherence to institutional policies.
“Unsafe” refers to a situation where there is a significant risk of serious harm or danger.
“Vexatious complaint” refers to a complaint that is only intended to annoy and distress and/or harm the reputation or success of an individual, which is not based in truth.
“Violence” is behaviour that is harmful, disruptive, and directly impacts others. This includes threats of violence, self-injurious behaviours, and impulsive violent actions.
“Witness” is an individual who has firsthand knowledge or information about a specific incident or alleged violation of this Policy. This person might have seen, heard, or experienced something directly and may be contacted with a request to provide information during an investigation process.