5. Violations and Sanctions (the Rules and Consequences)

An offense is any unacceptable conduct, actions or neglect that violates the HCLS, Student Housing Agreement or NVIT’s policies. Offenses are described and classified based on three levels of increasing severity. Sanctions are the consequences for offenses, which are described in detail in subsequent sections of the HCLS. At each level of offense and/or after repeated offenses the severity of the sanctions will increase.

Level 1 Violations: Actions that interfere with the rights of another individual or community to the peaceful use and enjoyment of their space in Student Housing. Normal Point Range: 1-2

Level 2 Violations: Actions that create a significant nuisance and/or disturbance to an individual or community and/or repeated level one offenses. Normal Point Range: 2-4

Level 3 Violations: Actions that endanger the safety and security of an individual; significantly compromise or damage personal or Student Housing/NVIT property; attack the dignity/integrity of an individual; contravene the laws of the land; and/or repeated level two offenses. Any Level 3 Offense may warrant an eviction. This includes alcohol offenses. Normal Point Range: 4-6

The Point System

The point system is designed to help define the seriousness of specific behaviours and where a Student stands in the disciplinary process (i.e. how far away they are from eviction). All offenses are associated with points ranging from a value of 1 through 6. All offenses have a minimum value of one point. The assigned number of points will depend upon the incident and/or its severity. Points remain on record for 365 days from the date of issue, or as stipulated upon eviction. After a Student has been found responsible for an offence, Student’s will usually also be responsible for educational, restorative, or punitive sanctions. In some circumstances, points may be removed after the completion of educational or restorative sanctions. Within the Point System, the progressive disciplinary process is summarized by the following table:

Level 1 Points Accumulated: 1 – 4
Stage in Disciplinary Process: Warning

Level 2 Points Accumulated: 5 – 8
Stage in Disciplinary Process: Probation (may include behavioural contract, suspension, denial of re-admission to Student Housing)

Level 3 Points Accumulated: 9 +
Stage in Disciplinary Process: Eviction (Exception: Any Level 3 Offense could warrant an eviction even if the point accumulation is less than 9)

Offenses

The offenses listed in the HCLS summarize policies stated in the Student Housing Agreement (SHA) and are found to be consistent with NVIT policies and values. Where applicable, reference is made to these policies.

Note: Students or other community members who wish to campaign or advertise activities associated with the Student Housing or NVIT are required to speak with a Student Housing Staff member to seek permission to do so.

LEVEL 1 (1 – 2 points)

  • Unauthorized advertising, soliciting, promoting, or selling of products, events and services in Student Housing (ranging from but not limited to online and/or printed materials).
  • Unauthorized campaigning in Student Housing.

LEVEL 3 (4 – 6 points)

  • Displays in windows or other prominent places promoting alcohol, illegal substances, messages of hate, pornography, or other inappropriate activities or messages.
  • Unauthorized advertising, soliciting, promoting, or selling of products, events and services in Student Housing in relation to alcohol and/or illegal substances.

LEVEL 3 (4 – 6 points)

  • Consumption or possession of alcohol on or within the Student Housing complex (NVIT Student Housing is alcohol free).
  • Possession of drinking and/or drinking game paraphernalia, including but not limited to funnels, beer bongs, beer pong kits or tables, etc.
  • Possession of ‘common source’ large volume alcohol containers. A large volume alcohol container is defined as: (a) a
    container that holds more than 500mL of beer or (b) a container that holds more than 1.18L (40 ounces) of any type of
    alcohol other than beer (such as wines and spirits). Examples of ‘common source’ alcohol containers include kegs, mini kegs, and Texas Mickey’s.
  • Imposing the physical effects of intoxication on the Student Housing Community, for example vomiting, passing out,
    aggressive or significantly disruptive behaviour, or needing medical assistance.
  • Making or selling alcohol in Student Housing.
  • Purchasing or supplying persons under the legal drinking age with alcohol.

LEVEL 1 (1 – 2 points)

  • Littering
  • Failure to keep common areas in a clean and sanitary condition after use.
  • Improper disposal of refuse, including leaving garbage bags outside of your Room or in the Common Areas.
  • Collection of empty containers, bottles or cans that is judged by Student Housing Staff, for sanitary reasons, to be beyond recycling purposes.
  • Failure to (follow disposal instructions of) dispose of recycling, garbage and/or organics appropriately; including, but not
    limited to leaving garbage/recycling bags, leaving items on compactor floor, bagging organics with a non-organic bag,
    failure to break down cardboard, failure to separate recycling/garbage/organics into their designated dispoal areas.

LEVEL 2 (2 – 4 points)

  • Marking any surface through action or neglect, that is not deemed normal wear and tear.
  • Actions or neglect that leads to, or has the potential to lead to, damaging, offensive, or harmful problems in Student
    Housing, including water damage, odours, and insect/rodent infestation.
  • Failure to keep your furniture, fixtures and appliances in a good state of repair.

LEVEL 3 (4 – 6 points)

  • Behaviour that causes, or has the potential to cause, significant damage through action, carelessness or negligence.
  • Willful damage, vandalism or graffiti or neglect that leads to serious damage to student hosuing, NVIT, or private property.

LEVEL 1 (1 – 2 points)

  • Throwing, dropping, kicking or knocking objects from/at student housing buildings, windows, or stairwells, whether
    intentional or unintentional.
  • Participating in physically active games or sports inside Student Housing which could disturb Students, Staff or the
    surrounding community or cause damage to facilities or personal injuries.

LEVEL 2 (2 – 4 points)

  • Creating or permitting behaviour in Student Housing which is a nuisance or annoyance to Students, Student Housing Staff, the surrounding community, or to the supplier of services authorized by Student Housing or NVIT. This includes pranks/raids or similar actions that could be damaging to personal, Student Housing or NVIT property or reputation.

LEVEL 1 (1 – 2 points)

  • Removal of furniture, appliances, window screens or other fixtures from assigned rooms/units or common spaces and
    placing them elsewhere.
  • Removal of furniture, appliances, or other fixtures from assigned Common Areas and placing them elsewhere.

LEVEL 2 (2 – 4 points)

  • Alteration, renovation or removal of Rooms, furniture, or equipment.
  • Installation of unauthorized furnishings, equipment or devices. This includes internet and phone.
  • Failure to keep access clear to electrical panel, heating unit and maintenance access.
  1. Students must sign in their Guests at the Front Desk before they enter Student Housing.
  2. A Guest is any non-student of the Student Housing building or any student of the building visiting within your housing suite. Anyone
    (non-student or student) who is invited to, accompanied on, accepted or admitted to Student Housing property is deemed to be a Guest of that Student. The Guest must leave one piece of photo identification with the Front Desk Staff.
  3. No Guest will be granted access into Student Housing after 12:00am.
  4. Students may sign-in up to two (2) Guests at a time.
  5. While each Guest is in Student Housing, the Student must remain in the company of the Guest at all times until the Guest is signed out.
  6. Guests are permitted up to a maximum of two (2) consecutive nights and no more than ten (10) nights in any one (1) given month.
  7. The guest must sign-out and collect photo identification with the front desk each time they leave residence property, regardless of the length of time spent off property.
  8. Guests should not in any way interfere with the rights of a Roommate or other Student to privacy, access, sleep or study at any time or anywhere within Student Housing.
  9. Any non-resident who is invited to, accompanied on, accepted or admitted to the residence property is deemed to be a guest of that Resident.
  10. Failure to be present does not mitigate or relieve the Student’s responsibility for their Guest’s behaviour. Students are responsible for their Guest’s behaviour whether they participated in, condoned or were aware of that Guest’s behaviour or not. The specific Sanction(s) will be determined by the list of possible Sanctions for the Offense(s) committed by the Guest.
  11. Student Housing requires any guests 16 years or younger visiting Student Housing without a parent/guardian to have a signed form of consent from their parent/guardian. This form will also include contact information for the parent/guardian. Student Housing reserves the right to call a parent/guardian in the event of a medical emergency or due to behavioural conduct.

LEVEL 1 (1 – 2 points)

  • Failure to sign-in/sign-out visitors at the front desk.
  • Failure of Student to be with their visitor at all times in Student Housing.
  • Permitting a guest to stay over the limit of two (2) nights consecutively or ten nights (10) in any given month (1) without approval from management.

LEVEL 2 (2 – 4 points)

  • Living or permitting someone else to live in a room/unit without an approved assignment from Student Housing.

LEVEL 3 (4 – 6 points)

  • Hosting a guest who violates the HCLS. All students are responsible for the actions and behaviours of guests signed in with them at all times while in Student Housing.
  • Host a guest who has been issued a trespass, or similar notice restricting them from the residence property.

Note: Every individual has a right to a safe, respectful environment that is free from attacks on their dignity/integrity. Harassment is defined as any attention or conduct (oral, written, graphic, electronic or physical) by an individual or group who knows, or ought to reasonably know, that such attention or conduct is unwelcome, unwanted, offensive or intimidating. Bullying and hazing will be considered harassment under this policy. Decisions about the difference between level 2 and 3 offenses will be based on the definitions previously given.

LEVEL 2 (2 – 4 points) & LEVEL 3 (4 – 6 points)

  • Failure to abide by the NVIT  Code of Conduct or related legislation or policies which defines harassment and discrimination.
  • Any conduct that could be deemed as bullying, including cyber bullying, or bullying on social media be it via a group or an individual
  • Any statement, action, or display that could be deemed as inappropriate or derogatory towards an individual or a group

Note: Any observations about the behaviour, speech, odour or physical surroundings of an individual that cause suspicion of illegal activity will be investigated and/or reported (NVIT Student Housing is drug free). Under the principles of the Standard of Proof, repeated suspicious behavior pertaining to illegal activities may result in Student Housing applying the full measures of discipline outlined below.

LEVEL 2 (2 – 4 points)

  • Using or being under the influence of an illegal or un-prescribed substance or residence.

LEVEL 3 (4 – 6 points)

  • Possession of paraphernalia associated with the use of illegal substances.
  • Possessing, making, selling or otherwise distributing an illegal or un-prescribed substance or Student Housing.
  • Possession or use of medication for purposes other than those for which they were prescribed
  • Any behaviour or activities that contravene the laws of the land

Noise levels at any time should not detract from any Student’s ability to pursue academic endeavours or to enjoy a peaceful living environment.
An individual’s right to reasonable quiet supersedes another’s right to make noise. The following items are prohibited: large musical instruments
(i.e. drum sets), surround sound systems or noise producing devices such as subwoofers and PA systems.

Consideration Hours are in effect 24 hours a day, 7 days a week.
Quiet Hours are observed in Student Housing: Sunday to Thursday: 11:00pm – 8:00am; Friday and Saturday evenings: 1:00am – 8:00am.
Exam Quiet Hours begin at 11:00pm on the Friday evening before the final examination period, which means quiet hours are extended to 23 hours a day. Student Housing will define a Relaxed Hour during the evening when programming by Student Housing Staff may occur.

As a general rule, noise from your room/unit that is audible outside your room, including in hallways, common areas, neighbouring units or buildings, will be addressed by Student Housing Staff during quiet hours.

LEVEL 1 (1 – 2 points)

  • Non-compliance with Consideration Hours or Quiet Hours.
  • Possession of large musical instruments.
  • Use of musical instruments or sound equipment.

LEVEL 2 (2 – 4 points)

  • Non-compliance with Exam Quiet Hours.
  • Excessive noise that interferes with the academic work of Students and/or significantly disturbs the Student Housing
    community and/or our neighbouring communities.

LEVEL 2 (2 – 4 points)

  • Keeping any animal or pet in Student Housing.

LEVEL 2 (2 – 4 points)

  • Failure to respond to the written or verbal direction of Student Housing or NVIT Staff.
  • Demonstrated lack of respect, civility, courtesy, or cooperation with a member of the community, including students, visitors, Student Housing staff, and NVIT Staff.
  • Failure to provide identification, or providing false identification when asked from a Student Housing or NVIT Staff.
  • Providing a false report of an incident or impeding an investigation.

LEVEL 3 (4 – 6 points)

  • Unauthorized entry into restricted areas of Student Housing, including rooftops, basements, utility rooms, offices, etc.
  • Entry into another Student’s Room without the consent of that Student.

LEVEL 1 (1 – 2 points)

  • Propping open a fire rated door, which includes room doors. This may include using the deadbolt or another item to prevent it from locking and/or to hold the door open.
  • Improper use of an emergency exit.
  • Entering and/or exiting Student Housing through windows.

LEVEL 2 (2 – 4 points)

  • Possession or use of candles, incense, lava lamps, hot plates, flame cooking devices, indoor barbeques, deep fryers and the like. Cooking devices without an automatic shutdown are not allowed in residence.
  • Covering, tampering with removing smoke and/or heat detectors.
  • Blocking hallways, stairwells, exits and access to fire safety equipment.
  • Permitting entry of any individual (resident, non-resident or other) into Student Housing, either by opening a door or giving Student Housing keys or swipe cards to that individual.
  • Overloading or tampering with electrical systems.
  • Leaving food unattended while cooking.
  • Unsafe storage, disposal and/or use of prescribed medication and related medical devices such as needles, prescription drugs, and pill bottles.

LEVEL 3 (4 – 6 points)

  • Tampering with video surveillance equipment or systems.
  • Possession or use of explosive or flammable material (i.e. firecrackers, fireworks and barbecue propane tanks).
  • Discharging, tampering with, covering or operating any fire prevention or detection equipment for any purpose other than the control of a fire.
  • Actions or neglect that leads to a fire.
  • Failure to evacuate during an alarm.
  • Careless driving on Student Housing grounds.

LEVEL 3 (4 – 6 points)

  • Smoking in Student Housing is not permitted, including but not limited to the use of cigarettes, e-cigarettes and vaporizers.
  • Smoking in an outdoor location on Student Housing Grounds is not permitted by Student Housing or NVIT.

LEVEL 2 (2 – 4 points)

  • Failure to abide by NVIT Internet & technology usage policies.
  • Installing/use of a personal internet router.

LEVEL 3 (4 – 6 points)

  • Interference with the technology of the Student Housing, NVIT or another Student.
  • Copyright infringement (i.e. illegally downloading music, movies or other media using the Student Housing internet connection).

Note: All organized events, activities or gatherings that have the potential to cause a disturbance must be approved by the Student Housing Management to ensure compliance with fire safety, noise and other applicable policies. Student Housing Management will not approve any event that involves or is presumed to involve the use of alcohol or other substances. Maximum capacity of a Student Housing room is defined as the number of Students that live in the room plus a maximum of 2 Visitors each.

LEVEL 2 (2 – 4 points)

  • Any gathering over the maximum capacity of a Student Housing room and/or the volume of music or people violates the noise policy.

Theft refers to the act of taking another person’s property in Student Housing without their permission.

Note: Only Refrigeration appliance supplied with the Room are to be used. No others, including mini fridges, are to be brought into the Room. Irons, toaster ovens, coffee makers, electric kettles protected by an automatic “shut off” may be used. In order for appliances to be approved for use in Student Housing, they must bear a visible serial number and a CSA or RL identification tag.

LEVEL 1 (1 – 2 points)

  • Possession of equipment, keys, appliances or furnishings not authorized by Student Housing or NVIT.

LEVEL 3 (4 – 6 points)

  • Theft or possession of stolen property.

Note: Violent or aggressive behaviour of any kind is not permitted in Student Housing. This includes behaviour such as physical force potentially
causing hurt or damage to someone/something, and/or behaviour that threatens another member of the community. Violence and aggression includes but is not limited to physical or verbal acts.

LEVEL 3 (4 – 6 points)

  • Any communication or behaviour that is perceived as offensive, abusive, unwanted, aggressive or threatening.
  • Any behaviour (consensual or not) that causes or has the potential/intent to cause physical or emotional harm. These behaviours include, but are not limited to: hitting, punching, slapping, kicking, pushing, pulling, bullying, stalking, fighting, intimidation, retaliation and threats of violence.
  • Any behaviour deemed to be a physical assault.

Note: A weapon is defined as any device that is designed for (or could be used for) the purpose of intimidating, threatening, harming or killing. Examples of weapons include, but are not limited to: handguns, rifles, air guns, pellet guns, paintball guns, BB guns, crossbows, swords, hunting knives, fishing knives, martial arts weapons, brass knuckles, replica weapons, or any other prohibited device as defined in the Criminal Code of Canada.

LEVEL 3 (4 – 6 points)

  • Possession, storage, use or threatened use of a weapon and/or replica weapons.

Sexual Violence is a broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality.
This violence takes different forms against another person without their consent. This includes but is not limited to sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

LEVEL 3 (4 – 6 points)

  • Any behaviour deemed to be a sexual violence.

In British Columbia, a person must be 19 years of age to legally purchase or consume cannabis. As per the Canadian legislation, cannabis cannot
be consumed in public, including on residence or campus grounds. The student housing building is a smoke-free environment where smoke or
combustion in any form are prohibited (including smoking and vaping). Residents who are in possession of cannabis must store their cannabis in
a sealed container.

LEVEL 1 (1 – 2 points)

  • Careless or unsafe storage of cannabis or cannabis products that causes or has the potential to cause harm or disturbance
    to the community, (e.g., excessive odour, mold, etc.).
  • Consumption of cannabis or cannabis products in unauthorized areas (e.g., lounges, hallways, common spaces, etc.).
  • Attending Residence Orientation under the influence of cannabis.

LEVEL 2 (2 – 4 points)

  • Smoking, vaping, or producing the odour of cannabis in Residence or on Residence grounds.
  • Growing cannabis and/or producing cannabis substances in Residence (e.g., edibles, hash oil, etc.).
  • Possession of more than 30 grams of dried cannabis (one ounce) or equivalent, in Residence.
  • Imposing the physical effects of intoxication on the Residence community.
  • Influencing, forcing and/or promoting the consumption of cannabis by a resident and/or guest on another.

LEVEL 3 (4 – 6 points)

  • Consumption or possession of cannabis by Residents and guests under the legal age, or those on cannabis probation.
  • Purchasing for, or supplying persons with, cannabis or cannabis substances whom are under the legal age.
  • Consumption games or promotion of a social function, activity or contest in which the consumption of cannabis is either
    the primary focus or used as a penalty, typically in response to a specified cue or prompt.
  • Possession with the intent to sell, and/or selling cannabis or cannabis substances in Residence.

SANCTIONS

Sanctions are consequences for behaviour that violates the HCLS, Student Housing Agreement, and/or NVIT policies. These sanctions are explained in detail, including any relevant deadlines or payment information in a Decision Letter written by Student Housing Staff. Sanctions are intended to be primarily educational and restorative in nature. Sanctions may be used independently or in combination for any single violation. Repeated and/or multiple violations shall increase the severity of sanctions applied. In most circumstances, the following range of sanctions may be applied at each level of offense.

Level 1

  1. Warnings – a verbal or written caution that continuation or repetition of the offending behaviour will constitute more serious sanctions in the future.
  2. Community Service – tasks or roles assigned as sanctions, which contribute positively to the reputation, welfare or condition of the Student Housing or surrounding community.
  3. Confiscation – removal of items from the possession of Students that violate the Student Housing Community Living Standards.
  4. Educational – tasks assigned as a sanction designed to promote learning and development.
  5. Fines – a sanction applied to a Student whereby they are required to pay a monetary fee.
  6. Loss of Privileges – a sanction that places restrictions on certain privileges of the Student.
  7. Restitution – payment for damage or loss experienced by NVIT, Student Housing, Students, Visitors or others.

Level 2

  1. All level 1 sanctions.
  2. Communication Ban – a sanction that limits the privilege of a Student to communicate freely with another Student.
  3. Transfer/Relocation – a sanction that will reassign accommodation either within the Student Housing Complex or to a location off campus
  4. Persona non grata(PNG) or Trespass Notice – a sanction given to an individual who is denied the privilege to enter Student Housing. The PNG individual is also prohibited from attending any Student Housing events which occur outside of the building. A copy of the PNG letter is filed with Campus Security & NVIT. A PNG individual found or seen in Student Housing at any time will be reported to Campus Security and/or RCMP and may be subject to further sanctions under Student Housing or NVIT policies.
  5. Denial of Readmission to Student Housing – a sanction given to a Student who will not be permitted to live in Student Housing in the future.

Level 3

  1. All level 1 and 2 sanctions.
  2. Behaviour Contract – a signed agreement between a Student and Student Housing Management, to comply with established conditions of conduct and to refrain from specified conduct, often used when a student is placed on Student Housing Probation; the last step before eviction.
  3. Student Housing Probation – a sanction applied as a serious warning against future Offenses, usually leading to eviction when the next Offense (at any level) occurs.
  4. Eviction – termination of the Students Student Housing Agreement (contract) with the Student Housing.
    Recommendation for charges of non-academic Misconduct – a sanction where Student Housing Staff make a formal recommendation to NVIT to investigate and/or charge the Student with non-academic misconduct.

Primary and Secondary Contacts

Every student is required to identify two people as their Primary and Secondary contacts. It is suggested that these people are parents or legal guardians of the student, as they serve as emergency contacts. They may also be contacted if any other significant concerns or problems arise with the student, such as significant violations of the Student Housing rules, late payments or fees, or concern for their well-being. Sections 5.01 and 5.02 of the SHA provide more details about the Primary and Secondary Contacts.