Residence Code of Conduct

Resident Student Rights & Responsibilities

All resident students have a responsibility as a member of the community to contribute towards a safe, inclusive, positive, and welcoming living and learning environment. All resident students have a right to make a complaint when this is violated.

All resident students have a responsibility to make complaints and/or report incidents that are knowingly true.

All resident students have a responsibility to report incidents of prohibited conduct when there may be a risk of harm, a possible violation of the RCC, or an impact to the dignity of any resident student or community member.

All resident students have a responsibility to engage in responsible behaviour, and conduct themselves in a manner that is consistent with the core values embraced by this policy, the Residence, as well as the College, including its various policies and procedures.

All resident students have a responsibility to be aware of policies, codes, and laws of the land that guide expectations of conduct. Resident students are responsible for ensuring that their guests also adhere to these expectations. Individual accountability is essential to the student experience and the RCC. Ignorance, anger, alcohol or substance abuse will not excuse prohibited conduct.

All resident students have a responsibility to provide identification to residence staff (Front desk assistants, resident assistants, etc.) when requested and upon entrance to the Residence.

All resident students are encouraged to supply the Residence with up to date (preferred) contact information.

All resident students have a right to procedural fairness, the process that ensures that an individual who is alleged to be in violation of the RCC is given fair consideration in the investigation and determination of responsibility as it relates to the RCC. These rights include:

1. The right to a fair process including being made aware of and given an opportunity to respond to, correct or contradict any information available, in person and/or in writing.
2. The right to appeal based on the conditions explained in the Grounds for Appeal section of the RCC.
3. The right to have a support person or an advisor (an employee of the College) made available to guide the student through any stage of the process, if desired. A support person can be self-arranged by the student. Upon request, a support person and/or advisor can be arranged by either the Investigating Officer or Hearing Officer.

Accommodations

Resident students may request accommodation at any point in the process through discussion with either the Investigating Officer, Hearing Officer, or by contacting the Residence Life Manager. Accommodations will be provided in accordance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA).

Resident students may also request accommodation in regard to the RCC policy and its requirements and/or expectations. All requests can be submitted to the Residence (via Residence Staff), or through the Residence Life Manager. Requests will then be forwarded to the appropriate individual to hear the request.

The following list includes, but is not limited to, some of the possible accommodations that a resident student may request with respect to: ceremonial and/or cultural/religious requests, guest policies, medical drug permissions, residence property and furnishings adjustments, support animals (service, therapy, emotional support), specific equipment or device use, and other extenuating circumstances as identified by the resident student.

The Role and Responsibility of Residence & Campus Partners

1. Residence Life Staff
   • Resident Assistants work to enforce and uphold the RCC, primarily acting as a first responder and documenting potential incidents. Likewise, a Residence Community Assistant administers lower level conduct processes, whereas the Residence Life Coordinator is a professional staff member whose primary responsibility is to administer the majority of investigative processes. The Residence Life Manager is a senior staff member that oversees all Residence Life Staff, and typically investigates serious conduct concerns, and has the ability to refer cases to the Code of Student Conduct, implement higher level sanctions and/or interim measures.
2. Campus Services
   • The Front Desk Coordinator is a professional staff member whose primary responsibility is to help administer conduct processes involving guests and hosts.
3. Office of Student Conduct
   • The Office of Student Conduct promotes the rights, well-being, and safety of all community members through enforcement of the College’s Code of Student Conduct. As discussed, complaints that do not fall within the scope of the RCC are often referred to the Office of Student Conduct for resolution under the Code of Student Conduct.
4. Associate Dean, Wellness & Equity
   • The Associate Dean, Wellness & Equity, is a senior staff member from the Department of Student Success and Engagement, who oversees all Residence Life Staff including the Residence Life Manager and the Office of Student Conduct. This individual has the ability to refer cases to the Code of Student Conduct, implement higher level sanctions and/or interim measures.

Resident Student Expectations

The content in the following sections outlines both responsible behaviour (expectations) and prohibited conduct, essentially behaviour that is deemed acceptable for living in residence and the behaviour that would constitute a violation of the RCC respectively.

1. Responsible Behaviour

Resident students are encouraged to personally contribute to the development and maintenance of safe, inclusive, and welcoming environments in Residence.

Expectations

1.1. Engaging in responsible behaviour is an expectation of all resident students. 

1.2. Responsible behaviour entails a requirement to be proactive in preventing problems from occurring in Residence.

1.3. Should resident student bystanders involve themselves during incidences of prohibited conduct, individuals are expected to de-escalate the conflict (i.e. finding a Residence Life Staff member, encouraging involved parties to cease/desist, encourage passive observers to vacate the area, etc.).

Prohibited Conduct

1.4. Supporting or inciting behaviour which can lead to prohibited conduct, whether through encouragement, peer pressure, or other means.

2. Personal Safety

Resident students are encouraged to assist in the provision of a safe, secure, and comfortable living environment.

Expectations

2.1. Compliance with the requests or directives of Humber staff is necessary, whether verbal or written.

Prohibited Conduct

2.2. Possession and/or use of firearms, ammunition, projectile-emitting objects, explosive devices, as well as other dangerous weapons, chemicals, replicas, including toys, or other objects that can create cause for alarm.

2.3. Entering/accessing unauthorized areas unless accompanied by a Residence Staff member. This includes areas not normally used by persons other than Residence Staff including, but not limited to: restricted doorways/entrances, locked basement areas, roof tops, mechanical rooms, or any area marked “off limits to unauthorized personnel” or “staff only,” or as it is implied by being locked.

2.4. Entering Residence through a non-designated entrance or exit, except during an emergency or fire alarm.

2.5. Any physical contact between two or more individuals that is deemed unwanted, inappropriate, and/or unnecessary (physical aggression).

2.6. Falsifying identification, concealing identity (i.e. masks), and the facilitation of false identification for others.

2.7. The removal of door closures and window screens. 

2.8. Discarding objects, leaning, and/or extending body parts through windows.

3. Harassment & Discrimination

The College, and thus the Residence, has the right, as well as the moral and legal responsibility to ensure that all its members are treated fairly, equitably, and respectfully, in order to provide a learning, living and working environment that is free from discrimination, harassment (including sexual harassment), and intimidation. To this end, the College’s Human Rights Policy outlines acceptable and unacceptable expectations and behaviour with respect to human rights and the responsibilities of the College, resident students, and employees.

Expectations

3.1. Resident students are expected to abide by the expectations outlined in the College’s Human Rights Policy.  

Prohibited Conduct

3.2. Posting, sharing, and/or distribution of graphic, harassing or offensive materials within the Residence, including inside units. 

4. Sexual Assault & Sexual Violence

All members of the College, and thus the Residence, have a right to live, work, and study in an environment that is free from any form of sexual violence. Sexual violence is a broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality.

The College’s Sexual Assault and Sexual Violence policy sets out the policy and response protocol to sexual violence, and ensures that those who experience sexual violence are believed and that their rights are respected. The policy also discusses the College’s process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.  

Expectations

4.1. Resident students are expected to abide by the expectations outlined in the College’s Sexual Assault & Sexual Violence policy.

4.2. Before engaging in sexual activity, Resident students are expected to ensure that they have clear and affirmative consent, the voluntary agreement to engage in the sexual activity in question. Additional “consent” information is outlined in the College’s Sexual Assault and Sexual Violence policy.

Prohibited Conduct

4.3. Sexual violence, including sexual assault and/or harassment.

5. Fire Safety

As it has a significant impact on the Residence community and first responders, Resident students are encouraged to promote fire safety within their communities, and promote positive behaviours with respect to policy adherence and safe living.

Expectations

5.1. Resident students who witness fire are expected to activate the fire alarm. 

5.2. All resident students, with the exception of those who require assistance, must immediately evacuate the building during a fire alarm. This includes drills.

5.3. During a fire and/or alarm, resident students are required to follow residence staff direction and safety protocol. All resident students and guests will be permitted to return to the building when directed to do so by authorized personnel.

5.4. Due to risk of fire, resident students may only use approved devices and appliances within the Residence. For a complete list of these approved items, please see the Student Residence Handbook. 

Prohibited Conduct

5.5. Intentionally setting fire, lighting flammable material, or creating open flames.

5.6. Intentionally setting off the fire alarm, and/or, activating sprinklers when there is no cause for concern. 

5.7. Tampering with any fire and/or life safety equipment including, but not limited to: fire extinguishers, smoke and carbon monoxide detectors, heat sensors, light/strobe devices, elevator and elevator alarms, or any other aspect of the fire alarm system.

6. Residence Facilities & Property          

Resident students are encouraged to take pride in the building and communities that they live in, and assist in the provision of a clean, safe, and welcoming living experience for all resident students.

Expectations

6.1. Resident students must work to maintain both a clean and orderly unit, as well as any common room space.

6.2. All personal belongings and/or residence property must be stored inside the unit, as they can become obstacles during an evacuation.

6.3. Furnishings must not block any room entrances, exits, or be within close proximity of heating and air conditioning units/vents.

6.4. As it can cause residence property damage and/or excessive noise, sporting equipment and mobile athletic equipment (skateboards, skates, hoverboards, etc.) must be used outside of the Residence. 

6.5. All organized and/or themed events must be led by a Residence Life Staff member, the Humber Residence Council, and/or be approved by a Residence Life Coordinator in advance.

6.6. In order to limit the presence of combustible material, post-able material is limited to approved areas only, such as the hallway and Residence door bulletin boards.

6.7. All advertisements must be approved as described in the Student Residence Handbook.

Prohibited Conduct

6.8. Smoking on College Property including all campuses, buildings, spaces, grounds, residence facilities and all vehicles owned or leased by the College, as per the College’s Smoking Policy. Smoking includes the smoking of tobacco or other materials and holding lit tobacco or other materials intended for smoking (e.g.: cigarettes, cannabis); includes all types of e-cigarettes, vaping or any other implement or device used to emulate the act of smoking which involves the production of any airborne contaminants or substances including the use of pipes, water pipes, hookahs, holders, or other instruments used for similar purposes.

6.9. The smoking of cannabis on College Property.

6.10. Growing, baking, trafficking and/or distribution of cannabis on College property.

6.11. The use of incense or other combustible materials or substances.

6.12. The overloading of electrical outlets. This can occur when multiple appliances, devices, or power bars are plugged into an outlet and/or each other.

6.13. Entering other resident student units without permission from the host(s).

6.14. Theft and/or damage of residence property or other resident student personal belongings.

6.15. Removal, alteration, or relocation of residence property, unless when completed by Residence Staff.

6.16. Attending, hosting, or advertising, large social gatherings in Residence, whether the gathering is organized or spontaneous in nature.

6.17. Posting or displaying text, media, or graphics on windows.

6.18. The possession of pets, including fish, in Residence.

6.19. Using any space or service in Residence for commercial purposes. This includes any profit-driven activities, as well as the promotion and/or hosting of events which are intended to promote/sell goods or services.

6.20. Participating in and/or hosting gambling-related events in Residence. This involves activities that require the exchange of money/material goods, where the outcome is uncertain, and/or where there is intent to win a portion of the money/material goods. Exception: Residence led events for prizes.

7. Illegal Drugs and Controlled Substances

Circumstances that warrant suspicion of the use, combustion, possession, distribution, or dependency of illegal drugs, controlled substances, non-prescription drugs and/or prescription drugs not prescribed to the person in possession of these substances, can initiate an investigation. This is regardless of whether the suspicion arose through specific and direct observations regarding the physical surroundings of a common room space, personal room space, or suite space, or by the observations of one’s behaviour, speech, and/or odour during the incident.

Prohibited Conduct

7.1. Using, being under the influence of, possession, trafficking and/or the distribution of illegal drugs, controlled substances, non-prescription drugs and/ or prescription drugs not prescribed to the person in possession of these drugs.

7.2. The possession and/or use of drug paraphernalia, equipment or material that is used to facilitate the use/misuse of illegal drugs or substances. An object becomes drug paraphernalia as soon as it used, and/or comes in contact with, illegal drugs and/or illegal substances.

8. Alcohol

Residence promotes the responsible and sensible consumption of alcohol. 

Expectations

8.1. Alcohol may only be consumed in the unit. 

8.2. In cases where the host(s) is/are having a small social gathering, visibly intoxicated individuals are the responsibility of the host(s) until they are sober, and/or they have arranged for the individual’s safe transport and care.

8.3. At a small social gathering where alcohol is or may be present, the host(s) must provide food to promote a safer and healthier gathering for all attendees.

8.4. During transport between units, all alcohol containers must be closed with a proper lid. A closed container is defined by being able to turn it upside down without any spillage.

Prohibited Conduct

8.5. As each are often associated with irresponsible consumption, the mass consumption of alcohol, participation in drinking games or events, use of alcohol paraphernalia, and use of large volume alcohol containers.

8.6. Consumption of alcohol in common shared space(s).

8.7. Possession of glass beer and malt liquor bottles. 

9. Excessive Noise/Quiet Hours

Excessive levels of noise have a significant impact on the learning environment, thus, one individual or group’s right to quiet always supersedes another individual or group’s right to create an excessive level of noise. When it is not quiet hours, courtesy hours are in effect. During quiet hours, resident students are encouraged to utilize the cafeterias and lounges for gatherings, in order to minimize disruptions in the community.

Expectations

9.1. Resident students are expected to be aware of and respect the parameters with respect to quiet hours, courtesy hours, the examination period, and extended quiet hours communities.

9.2. Resident students must ensure they are maintaining a reasonable level of noise given the time of day.

9.3. In situations where gatherings are disruptive to members of the community, resident students and guestsmay be asked to disperse.

9.4. Pending they do not exceed the threshold for reasonable level of noise, electronic equipment, speakers, and most instruments are permitted to be played in Residence. 

Prohibited Conduct

9.5. Creating, encouraging or facilitating an excessive level of noise.

9.6. Brass, woodwind, most percussion instruments, subwoofers, and other instruments deemed to be disruptive. 

10. Guests

Resident students have the privilege of signing guests into the Residence. When a resident student registers a guest, they become the individual’s host.

Expectations

10.1. Resident students must register all guests. All guests includes those visiting for a short period of time, parents and family members, etc. Approved and valid photo identification for each guest is required. 

10.2. Resident students must accompany their guest(s) at all times, with the exception of using the washroom facilities. 

10.3. Resident students are responsible for the behaviour of their guest at all times, and ensuring that guests are aware of, understand, and abide by the RCC. If a guest violates the RCC, the host may be held responsible as though the host violated that policy.

10.4. A resident student may register two (2) guests during the day between 7:00AM to 11:59PM.

10.5. A resident student may register one (1) overnight guest.

10.6. A resident student may sign in a guest for a maximum of three (3) consecutive overnights, with no more than nine (9) overnight visits per month per individual resident.

10.7. A guest may not stay overnight in the Residence more than nine (9) nights in a month, regardless of the host they are registered with.

10.8. All guests receive a Guest Card, which they must carry with them at all times, and show to Residence Staff and/or Department of Public Safety as requested.

10.9. Resident students must escort their guest out of the building and ensure the Guest Card has been returned to the front desk. Guest Cards that are not returned will count toward the 9 night maximum.

10.10. Residence Staff reserve the right to restrict the number of guests allowed to be signed in by a resident student at certain planned times of the year, as well as without notice in extenuating circumstances and/or when there is a concern for the safety and security of the Residence community.

Prohibited Conduct

10.11. Hosts are not permitted to leave their guest in their room unaccompanied.

10.12. Hosts are not permitted to have minors as overnight guests in Residence. Minors are individuals that are 17 years of age or younger. Minors will be permitted to be signed in as guests before the overnight period, but will be required to sign-out and vacate the premises prior to this period commencing.

The Residence Code of Conduct Process

The RCC process initiates when residence staff receive one or more of the following:

1. A residence life staff incident report, providing a report to the Residence regarding an alleged violation of the RCC.
2. A Department of Public Safety Incident Report, providing a report to the Residence regarding an alleged violation of the RCC.
3. A complaint/allegation is registered by any Complainant providing a report to the Residence regarding an alleged violation of the RCC.

The alleged behaviour must have taken place while the Respondent was a resident student. 

If a determination is made that an investigation is required, an Investigating Officer is assigned to the complaint by a residence staff, often coordinated by the Residence Life Coordinator. In some cases this individual may assign themselves as the Investigating Officer, or refer the case to the most appropriate Investigating Officer (i.e. the Residence Community Assistant, Front Desk Coordinator, or Residence Life Manager, etc.).

The Residence will respect the confidentiality of all persons, including the Complainant, Respondent, and any applicable witnesses. However, proper investigation may require the disclosure of the identity of the Complainant to the Respondent, third parties, and/or witnesses.

No interim measures or sanction will be taken against a person or group without their knowledge where there is an alleged violation of the RCC. Respondents will be given reasonable notice, details of the allegation(s), and provided with an opportunity to respond and answer to the allegations against them.

All individuals should feel safe to make a complaint under the RCC without fear of reprisal. Any action of reprisal against an individual for having sought to enforce the RCC, is itself a violation of the RCC, and is subject to disciplinary action.

A Complainant has the right to withdraw a complaint at any stage of the process. However, the Residence may continue to act on the concern(s) identified in the complaint in order to ensure a safe and secure environment conducive to academic pursuits.

If a person, in good faith, discloses or files a complaint that is not supported by information gathered during an investigation, that complaint may be dismissed. Vexatious complaints, or disclosures, that are found following investigations, may result in sanctions against the Complainant.

Investigations

The following steps outline the process used to bring about resolutions to known issues or complaints.

Within five (5) business days of the incident report, or complaint being received, a fact-finding, information-gathering process will commence with all involved parties. After being informed of the alleged violations, the Respondent(s) will be asked to provide a written and/or verbal response to the Investigating Officer. Should an individual refuse to participate in an investigation, the investigation will proceed without the individual, and sanctions will be based on the available information.

Investigations may not be conducted or may be deferred under the following circumstances: informal resolutions pathways are fitting and have not yet been attempted; lack of clarity about the nature of the complaint; concern for the safety, well-being, or employment status of the parties involved; criminal proceedings; or if the complaint appears to be unclear, unfounded, vexatious or made in bad faith.

Decision Making & Resolutions

The Investigating Officer will resolve the concerns by making a decision as to whether the Respondent is responsible for the alleged violation(s). Decisions on whether a student has failed to meet expectations and/or engaged in prohibited conduct will be based upon a review of information and facts provided by the parties involved, gathered by the Investigating Officer and assessed on the standard of balance of probabilities.

The standard, the balance of probabilities, is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 per cent chance that the proposition is true. Simply stated as "more probable than not", this is the standard that must be met in order to demonstrate that there has been a contravention of this policy.

The Investigating Officer will provide written notice to the Respondent of the decision, including any sanction(s) if applicable. Please note that each matter will be dealt with in a flexible manner with all parties where possible. Administrators of conduct processes shall strive to resolve and reach a decision on each case within two (2) months.

Hearing Officers

Some incidents are referred by the Investigating Officer to a Hearing Officer for final review of information and decision making. Circumstances which may be referred to a Hearing Officer include, but are not limited to:

• The nature of the violation(s) is/are particularly severe (i.e. violence, sexual violence, harassment, etc.).
• The potential sanction as a result of a finding of responsibility cannot be implemented by the current Investigating Officer.
• Cases where the Investigating Officer identifies a greater need to preserve rapport, and maintain the ability to be a support for, the resident student.
• Cases that are referred to, or may require adjudication under, the Code of Student Conduct.

Sanctioning

Should a resident student be found responsible for failing to meet expectations and/or engaging in prohibited conduct, a number of factors can contribute to the selection of one or more sanctions, such as the following: a resident student’s conduct history, current or previously imposed sanctions, cumulative or repeated behaviour, the severity of the resident student’s behaviour, the acceptance of responsibility, the willingness to restore the relationship or situation, and/or other mitigating factors.

Sanctions

a. Written Warning: An official letter indicating that a resident student has been found responsible for the violation(s), while highlighting the need for awareness, caution or corrective action.

b. Apology: in an effort to help restore the harm done, resident students may choose to apologize.

c. Community Involvement: Community service to the Residence, institution, or to the larger community; engagement through co-curricular involvement.

d. Developmental and Educational Initiatives: Participation in leadership opportunities, awareness, health or safety programs; reflective learning or personal success exercises; projects, seminars, and other assignments as warranted.

e. Restitution: Compensation (monetary) for loss of or damage to property or services rendered.

f. Restriction: Privileges are those that if restricted, may affect full participation in Residence services or various permitted behaviours. Examples: loss of guest privileges, ability to consume alcohol, a ban or formal trespass notice from a specified area (floor or building community, or Residence), or a no contact order between resident students and/or guests, for a designated period of time.

g. Revoking of Awards/Grants: the reversal/removal of awards and/or grants.

h. Community Billing: When residence property damage/vandalism occurs in common room space(s) damage/vandalism occurs, where and the responsible persons are not identified, and repair and administration costs are/will be charged to every resident student, or a specific section of the Residence.

i. Behaviour Contract: A description of the terms, signed by the resident student, that outline expectations that must be adhered to in order to participate in all or some activities normally considered to be rights of resident students.

j. Behaviour Bond: a conditional monetary notation between the resident student and the Residence, which can be forfeited in the event of future findings of responsibility for violation(s).

k. Probation: A period of time where the resident student is given the opportunity to modify unacceptable behavior, to complete specific assignments, and to demonstrate a positive contribution to the community. Probation allows resident students the opportunity to demonstrate that they want to remain in Residence and understand what is required to maintain their Residence status. Further violations in Residence will result in the termination of a resident student’s Humber Residence Agreement or Humber Residence & Dining Agreement. Although the probation date ends based on the Residence Agreement or Residence Dining Agreement, probation is implied to extend to subsequent contract periods if applicable.

l. Revoking of Residence Eligibility: an inability to apply to live in the Residence for subsequent terms.

m. Relocation: a requirement to relocate from a current personal room space, to a different and specific personal room space. There may be increased costs for the resident student, associated with being relocated, as discussed in the Room & Dining Agreement or Room Agreement.

n. Suspension: A suspension is defined as a period of time where a resident student is temporarily prohibited from residing in or otherwise being in Residence. Throughout the suspension period, a resident student is responsible for the full cost of the Residence space in addition to being restricted from entering all other residence property.

o. Eviction: The cancellation of a resident student’s Humber Residence and Dining Agreement or Humber Residence Agreement with cause. The decision letter will explain the reason(s) for this sanction, and will include conditions of the eviction. Resident students who are evicted from Residence may also:

• Be restricted from the residence property and/or Humber College properties;
• Forfeit their Residence eligibility;
• Risk forfeiting their Residence fees;
• Be asked to leave Residence immediately. However, a 48 hour period is often granted to vacate the Residence. 

p. Any other sanction deemed appropriate in the circumstances and given the scope of the decision maker.

Appeals

The appellant may commence an appeal request within five (5) business days of the decision letter date. To commence an appeal, a resident student must complete the Appeal Request Form found online. An appeal will occur when at least one of the following conditions/grounds is met:

1. There is new information that is likely to change the decision.
2. There is evidence of bias and/or procedural error (a flaw in the process of investigating or considering an allegation). 
3. The sanction imposed is not consistent with the nature of the offense. 

When requesting an appeal, a resident student must submit the Appeal Request Form indicating:

1. The conditions/grounds under which the appeal is being made;
2. The explanation/reasons that will be used to support the grounds for appealing;
3. The requested resolution;
4. The decision letter along with any other supplementary documentation/information.

Filing or receiving an appeal does not stay (postpone) the decision under appeal. Therefore, Resident students are required to adhere to all sanctions during the appeal application/process.  

Assigning Appeals

The resident student will receive information in their original outcome letter which details the individual who will receive their appeal submission if they chose to request an appeal. The appeal request will be assigned to an individual that has the next highest seniority level to the initial decision maker. Specifically, if the initial decision maker is the Residence Community Assistant, the appeal request will be assigned to the Residence Life Coordinator. If the initial decision maker is the Residence Life Coordinator or Front Desk Coordinator, the appeal request will be assigned to the Residence Life Manager. If the initial decision maker is the Residence Life Manager, the appeal request will be assigned to the Manager, Office of Student Conduct, or their designate. If the initial decision maker is the Manager, Office of Student Conduct, or their designate, the appeal request will be assigned to the Associate Dean, Wellness & Equity. Lastly, if the initial decision maker is the Associate Dean, Wellness & Equity, the appeal request will be assigned to the Dean of Students.

The individual receiving the appeal submission will typically assign themselves to manage the appeal. In some cases (staffing issues, availability, conflicts of interest, etc.), this individual may refer the appeal to a different individual.

Appeal Review

If an appeal request is granted, the individual assigned to the appeal will conduct a formal review of the appeal submission within five (5) business days after receipt of the received appeal submission, and either overturn, amend, or uphold the original decision of the Investigating Officer or Hearing Officer. This individual may also consider any relevant new evidence, the case file, and/or request to meet with the appellant. The decision of this individual serving in this capacity is final, and the student will have exhausted all available means of review at Humber.

If the Residence, or Office of Student Conduct, and/or Department of Public Safety deem a resident student a risk to self or others, the resident student will not be permitted in the Residence or on campus until the process is completed.

The decision to deny an appeal request is final and the student will have exhausted all available means of review at the College.

The individual reviewing the appeal may grant any remedy they see fit, including upholding the decision and outcome; imposing a lesser outcome; or granting the resolution requested by the student.

Confidentiality

The Residence will maintain the confidentiality of all personal and private information. For more information, please see the Freedom of Information and Protection of Privacy Act.

Delays & Time Limits

Time limits outlined in the RCC may be extended by the mutual consent of the resident student and the Residence or Office of Student Conduct. The failure to meet a time limit prescribed by the RCC does not render any sanctions assigned via the RCC process void. Rather, the appeal review individual may consider a failure to meet prescribed timelines in considering an appropriate outcome.

Record Keeping

All information and record keeping pertaining to a complaint or report under the RCC will be kept in accordance with the Freedom of Information and Protection of Privacy Act (Ontario) ("FIPPA").

A physical record of the case files and final decisions, including appeals, made under the RCC will remain in the Residence for a period of up to seven (7) years. All electronic records, with the exception of evicted and/or trespassed individuals, shall be retained for at least ten (10) years, but will be kept indefinitely as a priority pending available storage/server space. All electronic records of evicted or trespassed individuals shall be retained indefinitely. All files are deemed confidential and are subject to FIPPA. Disclosure of case file information will be managed through the Freedom of Information (FOI) and Privacy Office at the College, with the following exceptions:

• The disclosure of information to a Respondent prior to the closure of an investigative process;
• A conduct check accompanied by a signed consent form for the purpose of granting acceptance for student leadership involvement/employment opportunities, or professional/registered industry selection processes.

Recording

Recording of any proceedings should be indicated unless required as an official accommodation. Audio or video recording of any stage of the RCC process, by either party, including appeals, is not permitted.

Reporting

The Residence shall report annually to the Associate Dean, Wellness & Equity summarizing the number of incidents and individuals involved, including the violations, the range of sanctions imposed by the institution, the number of appeals and the outcome of such appeals. The report will contain no identifying personal information. Portions of the report may be made publicly available.

Review Process

The RCC will be reviewed every three (3) years, or as requested the Associate Dean, Wellness & Equity or by the Residence Code of Conduct Review Committee, consisting of staff and resident students, including representation from the Humber Residence Council. An editorial review may be conducted annually. Final approval of the Code will be made by the Vice-President, Student and Community Engagement.

Interpretations, comments and specific suggestions for amendments or additions to the RCC may be referred to the Residence Life Manager or Humber Residence Council.