6. Judicial Procedures

Principles of Natural Justice and Procedural Fairness

The Principles of Natural Justice and Procedural Fairness must prevail in Judicial Procedures to uphold the principle that justice must not only be done, but be seen to be done. The principles are explained below:

• The Student has the right to be informed of the allegation(s) of Offense(s).
• The Student is entitled to an opportunity to respond to allegation(s) of Offense(s) at a meeting with Student Housing Staff and is also entitled to a reasonable notice of the time, place and nature of the meeting.
• The Student is presumed not to be guilty of the alleged Offense(s) until an impartial and unbiased Decision-maker has determined the Offense(s).
• The Student is entitled to reasonable disclosure of evidence of the Incident Report prior to a decision. Fact-finding occurs at a meeting with the Decision-Maker.
• At meetings to discuss level three offenses, the Student is entitled to call a reasonable number of witnesses to the meeting to discuss alleged Offense(s). This must be arranged with the decision-maker prior to the meeting.
• The Student is entitled to be advised in writing of the Decision about the alleged Offense(s) and the Sanction(s) applied, (if any).The Decision about guilt or innocence and any associated Sanction(s) should be made within a reasonable time.

Standard of Proof

The information necessary to prove that an offense has occurred is referred to as the standard of proof. Outside of a criminal court of law, the model used in most civil cases and in fact by most educational institutions is called the Balance of Probabilities. This is the standard of proof used by Campus Living Centres within NVIT Student Housing. The standard of proof has been met if at the conclusion of an investigation, based on all credible information, the Student Housing Staff believes that the incident reported probably occurred. This means that the information provided in the Incident Report and in the judicial meeting demonstrated that the violation is more likely than not to have occurred. The standard of proof for criminal cases is beyond a reasonable doubt, which does not apply in Student Housing Judicial Procedures.

Incident Reports and Judicial Meetings

A summary of the Judicial Process is presented in the chart following this section.

Student Housing Staff will record behaviours, actions or negligence that may be Offenses against HCLS in Incident Reports. When necessary, the Incident Report may also include appendices, such as e-mails, photographs, or Security, Police, or Fire reports. Student Housing Staff will notify the Student(s) of the alleged Offense(s) and will notify them of a meeting to discuss the matter.

The purpose of a Judicial Meeting between a Student and a Student Housing Staff member is to investigate allegations of offenses detailed in an Incident Report. This is the opportunity for Students to be heard and explain their behaviour to the Student Housing Staff member. While these meetings must comply with the Principles of Natural Justice and Procedural Fairness and may result in formal sanctions, they are not designed to be highly formal in nature. At the conclusion of the meeting the Student Housing Staff member will follow-up with the Student in writing with a Decision Letter, which will outline all necessary decisions about offenses, sanctions and any related deadlines. If the Student fails to attend the Judicial Meeting with the Student Housing Staff member, the Student Housing Staff member may choose to proceed and make a decision based upon all evidence available.

Communication between Student(s) and Student Housing Staff

Student Housing Staff will endeavor to communicate with Students via the following methods to discuss Incident Reports, deliver Decision Letters, and any other important aspects of the judicial process: (a) a telephone call to the student’s phone provided to them in their room or the phone number on their student housing application, (b) an e-mail to their NVIT e-mail account or the account provided in their application, (c) a letter placed in a Students mailbox or under a Students room door, or (d) in person. Attempts to contact and communicate with a Student are deemed to be satisfactory when any two of the above methods have been used by Student Housing Staff.

Student Housing Judicial Process

1. Incident Report: Alleged violations of the HCLS are documented by Student Housing Staff in an Incident Report
2. Alleged Level 1 & 2 Offenses Judicial Meeting with HLC and/or Manager, Operations: Student(s) meet with the HLC and/or Manager, Operations to review the Incident Report.
3. Alleged Level 3 Offenses Judicial Meeting with GM: Student(s) meet with the GM to review the Incident Report
4. Decision Letter: HLC and/or Manager, Operations communicates decision about allegations, offenses, and sanctions to Student(s) in writing.
5. Incident Referred to GM: In situations where Student(s) are repeat offenders, the Incident will be referred to the GM.
6. Decision Letter: GM communicates decision about allegations, offenses, and sanctions to Student(s) in writing.

Student Emergency Procedures

Although the three levels of Offences and the Judicial Procedures are intended to apply to most situations related to behaviour, there are conditions that warrant a heightened level of concern for safety, security, health and wellbeing. These conditions require special authority and guidelines. The following procedures ensure a swift, effective response to conditions to protect Student’s, other individuals, and the Institution. In consultation with the Institution, and in accordance with the Institution’s emergency procedures and protocols, the General Manager of Student Housing is granted extraordinary authority to respond to Student Housing Emergencies.

Student Emergency Authority

In consultation with the Institution, and in accordance with the Institution’s emergency procedures and protocols, the General Manager is authorized to determine if Student Emergency conditions exist, which is defined by the following:

1. evidence that a Student or staff has been harmed or appears to be in danger of harm,
2. evidence that a Student or staff has harmed or poses a threat to harm another individual or the community,
3. Student or staff has inflicted self-harm or appears to be in danger of doing so.

In response to a Student Emergency Situation, the General Manager is authorized to:

1. determine, quickly and directly, Student Housing’s response to a Student Emergency
2. act in all matters associated with a Student Emergency
3. suspend other rules in order to invoke a swift response to a Student Emergency
4. share any and all related information with Security Services, the Police or emergency response personnel.

Student Emergency Response and Sanctions

In consultation with the Institution, and in accordance with the Institution’s emergency procedures and protocols, the General Manager is authorized to:

1. turn the matter immediately over to appropriate authorities
2. immediately relocate the Student (s) involved in a Student Emergency within Student Housing or off campus, pending a meeting with the Student
3. authorize an Exclusion, which takes effect immediately and without notice, pending a meeting with the Student, having the effect that a Student identified by the General Manager or other
   Student Housing Staff as being involved in a Student Emergency:
   • is prohibited from accessing any service or facility of the Student Housing
   • may be escorted from Student Housing and/or the campus
4. determine Sanction(s) at Levels 1, 2, and 3 (including eviction), following a meeting with the Student.

NVIT Student Housing Complaint/Appeal Process

1. Outcome of Judicial Process: Decision Letter from HLC and/or Manager of Operations for Level 1 & 2 Offences
   Informal Complaint: Student and HLC and/or Manager of Operations Meeting - Student presents new information and/or alternate sanctions to HLC and/or Operations Manager for consideration.
   Appeal Request: No Appeal Request Form
   Formal Appeal: Appeal Meeting with GM - Student presents new information and/or alternate sanctions to GM for consideration
2. Outcome of Judicial Process: Decision Letter from GM for Level 3 Offences or Level 1 & 2 Repeat Offences
   Informal Complaint: Student and GM Meeting - Student presents new information and/or alternate sanctions to GM for consideration.
   Appeal Request: Appeal Request Form - Student meets with designated NVIT employee(s) to receive & complete the form to request a Formal Appeal
   Formal Appeal: Meeting with Appeal Hearing Committee - Student meets with Appeal Hearing Committee for final decision.
3. Outcome of Judicial Process: Decision Letter from GM for Eviction
   Informal Complaint: No Informal Complaint
   Appeal Request: Appeal Request Form - Student meets with designated NVIT employee(s) to receive & complete the form to request a Formal Appeal
   Formal Appeal: Meeting with Appeal Hearing Committee - Student meets with Appeal Hearing Committee for final decision.

Appeal Procedures

A summary of the Appeal Procedures is presented in the chart following this section. The following general principles apply to all appeals:

1. The Principles of Natural Justice and Procedural Fairness must prevail in Appeal Procedures to ensure compliance with the principle that justice must not only be done, but be seen to be done.
2. Any student found in violation of the RLCS is entitled to submit an appeal, based in the grounds for an appeal mentioned below.
3. A student has 72 hours from the date they receive their Decision Letter to start the appeal process. Staff will endeavour to respond to appeal requests within 72 hours of receiving them.
4. Depending on the original decision rendered the appeal process proceeds via one of two processes: the Appeal Process or the Eviction Appeal Process, which are detailed below.

The Appeal Process

1. The Appeal Process is in place for all decisions excluding Eviction.
2. Students may complete an Appeal Request Form and submit it to the Student Housing Office, within 72 hours of receiving the decision letter. The student requesting an appeal must demonstrate that they have grounds, which includes providing evidence of one of the following items:
   • Bias: Alleged and reasonable apprehension of bias of the Decision-maker who imposed the sanction(s).
   • Procedural Fairness: Alleged substantive failure by the Decision-maker to comply with the Principles of Natural Justice and Procedural Fairness, which may have affected the decision.
   • New information: Substantive new evidence which could not have been available to the Decision-maker when making the decision.
   • Alternative Sanctions: The student may request for their sanction to be altered by suggesting options that are equivalent in nature to the original decision (this is not applicable to evictions).
3. Once the Appeal Request Form is received, the student(s) will be contacted in writing within 72 hours to setup an appeal meeting. If the appeal is granted, the GM (or designate) will set-up an Appeal Meeting with the student(s).
4. The individual or committee considering the appeal may, after reviewing the case:
   • uphold the findings and/or sanctions;
   • reverse the findings; or
   • reverse or modify the sanctions.
5. During an appeal, all sanctions (minus financial sanctions) remain valid until they are reversed or modified by the individual or
   committee hearing the appeal. Financial sanctions will not be applied until a decision has been made.
6. All decisions made in an appeal are final and are not subject to further appeals.

The Eviction Process

1. If the student has grounds for an appeal, the student may complete the Appeal Request Form and submit it to the Designated NVIT employee(s), within 72 hours of receiving the eviction. The student requesting the appeal must demonstrate that they have grounds, which includes providing evidence of one of the following items:
   • Bias: Alleged and reasonable apprehension of bias of the Decision-maker who imposed the sanction(s).
   • Procedural Fairness: Alleged substantive failure by the Decision-maker to comply with the Principles of Natural Justice and Procedural Fairness, which may have affected the decision.
   • New information: Substantive new evidence which could not have been available to the Decision-maker when making the decision.
2. Once an eviction Appeal Request Form is received, Designated NVIT employee(s) (or designate) will review the grounds for the appeal and make a decision to either deny the appeal or set-up an Eviction Appeal Hearing. The student(s) will be contacted within 72 hours to notify them of this outcome.
3. If the appeal is granted, the designated NVIT employee(s) will set-up the Eviction Appeal Committee, which will be comprised of three (3) members of the Residence Advisory Committee. One of the members of the Eviction Appeal Committee must be a student, and one member must be a member of Student Housing Senior Management. Students appealing an eviction will be provided with additional information about Appeal Hearing procedures.
4. The Eviction Appeal Committee will communicate a decision in writing to the student. The committee will review all evidence and may decide to:
   • uphold the findings and/or sanctions;
   • reverse the findings; or
   • reverse or reduce the sanctions.
5. During a, appeal, all sanctions (minus financial sanctions) remain valid until they are reversed or modified by the individual or committee hearing the appeal. Financial sanctions will not be applied until a decision has been made.
6. All decisions made in an Eviction Appeal Hearing are final and are not subject to further appeals.

Appeal Meeting Procedures (Levels 1 - 3)

In this section, the student appealing the eviction is referred to as the appellant.

1. The hearing will proceed as scheduled, even if the appellant does not attend.
2. The appellant may bring witnesses to the appeal hearing. Participation of witnesses shall be limited to providing evidence and responding to questions from the appeal committee. Witnesses may be present at the hearing only when providing evidence or responding to questions from the appeal committee.
3. The appellant may bring one support person to the appeal hearing; however, support persons shall not participate in the appeal unless called on by the Chair to do so. Participants are required to provide the name and relationship of their support person to the Appeal Committee a minimum of 48 hours prior to the hearing.

Eviction Appeal Hearing Procedures

In this section, the student appealing the eviction is referred to as the appellant and the Student Housing staff whose decision is being appealed is referred to as the respondent.

1. The hearing will proceed as scheduled, even if the appellant or the respondent do not attend.
2. The appellant and respondent may bring witnesses to the appeal hearing. Participation of witnesses shall be limited to providing evidence and responding to questions from the appeal committee. Witnesses may be present at the hearing only when providing evidence or responding to questions from the appeal committee.
3. The appellant and respondent may bring one support person to the appeal hearing; however, support persons shall not participate in the appeal unless called on by the Chair to do so. Participants are required to provide the name and relationship of their support person to the Appeal Committee a minimum of 48 hours prior to the hearing.
4. The appeal hearing shall proceed as follows:
   • An initial briefing and review of the case by the committee members;
   • Presentation of the case by the appellant;
   • Presentation of information by the respondent;
   • Subsequent re-examination of either party or any witnesses if required.
5. Each appeal shall be considered independently and on its own merits.
6. The Appeal Committee will carefully consider only:
   • The appeal grounds;
   • The evidence supporting the grounds presented orally (during the hearing);
   • The written evidence presented in the appeal letter, appeal request form and supporting documents;
   • The written evidence presented in the respondent’s response submission;
   • Any written evidence accepted by the appeal committee from the appellant or respondent during the hearing, providing that the appellant and respondent both had a reasonable opportunity to read, understand and respond to the document.
7. At no time should the committee deal with any matter outside the specific concerns set out in the request for appeal.
8. The burden of proof in a disciplinary appeal rests with the appellant, who must make a case to convince the appeal committee to decide in the appellant’s favour.
9. All information reviewed and discussed during an appeal shall remain confidential.
10. In addressing the appellant’s specific concern(s), the appeal committee should feel free to direct the parties to provide and produce additional material or witnesses directly related to the appeal.

Student Housing Appeal Process

• Appeal Request Form: Student completes this form to request an appeal
• Levels 1-3 Appeal Process: Appeal Meeting with Manager Student presents appeal based on listed grounds to a Manager for consideration. All decisions made by the Manager hearing the appeal are final
• Eviction Appeals: Appeal Meeting with Eviction Appeal Committee Student (appellant) and Student Housing Staff (respondent) meet with the committee for consideration of the eviction appeal.All decisions made by the Eviction Appeal Committee are final.