Board Policies

The North Island College Board of Governors is a policy governance board, which makes policy level decisions to provide strategic guidance to the organization. The board is viewed as a single organizational position and decision-making body.

The board makes policies in four categories:

  • Ends policies, including the vision, mission, values and strategic directions, describe outcomes (what the organization is to accomplish);
  • Board-Staff Relationship policies describe the delegation and accountability linkage through the President/CEO, including the method of delegation and accountability/due diligence framework;
  • Executive Limitations policies define Board-prescribed limits or boundaries on how the staff will operate to accomplish organizational goals; and
  • Governance Process policies clarify the board's own job and rules (how the board operates).

Board of Governors Policies

Board-Staff Relationship Policies

The President and CEO is accountable to the Board acting as a body. The Board will instruct the President and CEO through the establishment of Ends Policies, delegating implementation to the President and CEO. In turn, the President will prepare a personal performance plan for each operating year. These objectives will be approved by the Board and once approved, will become a major component of the President’s annual performance review. Further to Board By Law 3, 1996 establishing the powers, duties and benefits of the President of North Island College, Policy SR-1 outlines more detailed roles and responsibilities of the President and his/her relationship to the Board. Board authority and accountability of staff is delegated through the President and CEO, so that authority and accountability of staff, as far as the Board is concerned, is considered to be the authority and accountability of the President and/CEO.

  • The Board will establish the boundaries of the President and CEO’s authority and accountability through the establishment of Executive Limitations Policies.
  • The President and CEO is authorized to establish further policies and practices, make decisions and take action using reasonable interpretation of Board of Governors’ Ends and Executive Limitations Policies.
  • The Board may change its Ends and Executive Limitations policies, thereby changing the authority and accountability boundaries set for the President and CEO.
  • So long as any particular delegation is in place, the Board and its members will respect and support the President and CEO’s choices. This does not prevent the Board from obtaining information in the delegated areas except where confidentiality prohibits.
  • Only decisions of the Board acting as a body are binding upon the President and CEO.
    • Decisions or instruction of individual Board members, officers, or committees are not binding on the President and CEO except in rare instances when the Board has specifically authorized such exercise of authority.
    • In the case of Board members or committees requesting information or assistance without Board authorization, the President and CEO can refuse such requests that require, in the President and CEO’s judgment, a material amount of staff time or funds or are disruptive. All requests for information should be through the President and CEO.
  • As the Board’s single official link to the operating organization, the President and CEO’s performance will be considered to be synonymous with organizational performance as a total.

Consequently, the President and CEO's responsibilities can be stated as performance in the following areas:

  • Achievement of Board Ends policies, as well as other objectives included in the President and CEO’s annual performance plan.
  • Organizational operation in accordance with the Board policies on Executive Limitations.
  • Carrying out other responsibilities pursuant to the College and Institute Act, and other relevant legislation.
  • Attending all meetings of the Board, or designating an Acting President and CEO to attend, in order to advise the Board on all matters pertaining to the operation of the institution.
  • Other areas of responsibility as described in the President’s job description.

Monitoring executive performance is synonymous with monitoring organizational performance against Board policies on Ends and on Executive Limitations, as well as objectives set out in the President’s annual performance plan. The President’s performance will be considered to be synonymous with organizational performance as a total, and will be reviewed annually.

  1. The purpose of monitoring is simply to determine the degree to which Board policies are being fulfilled. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can be used to create the future rather than to review the past.
  2. A given Ends Statement or Executive Limitation may be monitored in one or more of three ways:
    • Internal Report - Disclosure of compliance information to the Board by the President and CEO.
    • External Report - Discovery of compliance information by a disinterested, external auditor, inspector or judge who is selected by and reports directly to the Board. Such reports must assess executive performance only against policies of the Board, not the opinion of the external party unless the Board has previously indicated that party’s opinion to be the standard.
    • Direct Board Inspection - Discovery of compliance information by a Board member, a committee or the Board as a whole. This is a Board inspection of documents, activities or circumstances directed by the Board which allows a “prudent person” test of policy compliance.
  3. Upon the choice of the Board, any policy can be monitored by any method at any time.
  4. Executive Limitations and Ends policies will be monitored by the following methods and frequency. The reports the President and CEO provides are those labeled ‘internal’. For internal reports, the standard for compliance shall be as specified by the Board, or in the absence there of, any reasonable President and CEO interpretation of the board policy being monitored.
EXECUTIVE LIMITATIONS POLICY METHOD1 FREQUENCY
EL-1 General Executive Restraint 2 Internal Every Board Meeting
EL-2 People Treatment Internal Every Board Meeting
EL-3 Emergency Executive Succession Internal Every Board Meeting
EL-4 Compensation and Benefits Internal3
External4
Annually
Every three years
EL-5 Communication and Counsel to the Board Internal Every Board Meeting
EL-6 Financial Condition5 Internal
External6
Every Board Meeting
Annually
EL-7 Budgeting/Forecasting Internal
External
Every Board Meeting
Annually
EL-8 Asset Protection Internal
External
Every Board Meeting
Annually
1 Method shall be by direct inspection at any time for all categories
2 EL 1, 2, 3 & 5 will be reviewed by the Governance and Human Resources Committee and reported to the Board by the President and/or the Director of Human Resources and3 EL 1, 2, 3 & 5 will be reviewed by the Governance and Human Resources Committee and reported to the Board by the President and/or the Director of Human Resources and Organizational Development at every Board meeting as policy issues arise.
3 Reviewed annually by the President's Performance and Compensation Committee of the Board in accordance with the President's employment contract.
4 Post Secondary Education Association (PSEA) surveys Presidents' compensation and benefits every three years.
5 EL-6, 7 & 8 will be reviewed by the Finance and Audit Committee and reported to the Board by the President and CEO and/or the Vice President Finance and Facilities at every Board meeting as policy issues arise.
6 EL-6, 7 & 8 will also be reported to the Board by the Finance and Audit Committee of the Board annually.
OUTCOMES METHOD1 FREQUENCY
Programs
Annual Audited Student FTE Report
External June8
Facilities
Annual Multi-Year Plan Submission
External June
Finance
Annual Audited Financial Statements
External May
Responsible Provincial Ministry
Annual Service Plan Report
Internal June
Responsible Provincial Ministry
Institutional Accountability Plan and Report
External June
8 Annual Audited Student FTE Report and Annual Audited Financial Statements are the most important of these.

Executive Limitations Policies

The President and CEO shall not cause or allow any practice, activity, decision or organizational circumstance which is either illegal, imprudent or in violation of commonly accepted business and professional ethics. The President and CEO shall not allow the day-to-day operations to impede the vision or prohibit the Achievement of the Ends of the institution.

With respect to treatment of students, employees, volunteers and other people that the President and CEO interacts with on behalf of the College, dealings shall be ethical, fair and socially responsible. In addition, the President and CEO will operate in accordance with the collective agreements between the Board and its employee groups (i.e. North Island College Faculty Association and CUPE Local 3479) and the administrative policies for exempt staff and the relevant sections of the College and Institute Act.

Accordingly, the President:

  • Will operate within personnel procedures which clarify personnel rules, provide for effective handling of grievances and protect against wrongful conditions;
  • Will not discriminate against anyone for expressing an ethical dissent;
  • Will not prevent students or employees from grieving to the Board when:
    • internal grievance procedures have been exhausted, and, 
    • the student or employee allege either: 
      • that Board policy has been violated to his or her detriment or, 
      • that Board policy does not adequately protect his or her human rights; and
  • Will acquaint students and employees with their rights and responsibilities under this policy.

To protect the Board from sudden loss of chief executive services, the President and CEO will ensure that the Vice Presidents are familiar with Board and Presidential issues and processes. The alignment of administrative employees reporting directly to the President and CEO permits automatic routine designation of a Vice President as Acting President and CEO.

In providing for compensation and benefits for exempt staff, the President/CEO may not:

  1. Change his or her own compensation and benefits.
  2. Establish current compensation and benefits which deviate materially from guidelines established by the Post-Secondary Employers’ Association (PSEA).
  3. Establish pension benefits which do not comply with B.C. Pension Corporation regulations (College and Municipal).

With respect to providing information and counsel to the Board, the President and CEO establishes practices to ensure the Board is fully informed.

Accordingly, he or she will:

  1. Submit monitoring data required by the Board (see policy on Monitoring Executive Performance) in a timely and accurate fashion, directly addressing provisions of the Board policies being monitored.
  2. Inform the Board of relevant trends, media coverage, legal actions or material external and internal changes.
  3. Advise the Board when, in the President and CEO’s opinion, the Board is not in compliance with its own policies on Governance Process and Board-Staff Relationship.
  4. Deal with the Board as a whole except when fulfilling requests for information or responding to committees of the Board.
  5. Inform the Board of the appointment, promotion or termination of senior administrative personnel.

Actual financial conditions at any time shall not incur fiscal jeopardy or compromise Board Ends priorities.

Accordingly, the President/CEO may not:

  1. Expend more funds than are reasonably expected to be received before the fiscal year end.
  2. Borrow more funds than the Board approved line of credit.
  3. Spend accumulated surpluses from prior years without Board approval.
  4. Spend endowment funds for operating expenses.
  5. Fail to remit employee withholdings and related College contributions or taxes collected on behalf of any level of government.

Budgeting in any fiscal period or the remaining part of any fiscal period shall not deviate materially from the Board Ends policies, nor fail to show a generally acceptable level of foresight.

Accordingly, the President and CEO prepares a budget which:

  1. States budget planning assumptions clearly.
  2. Is based on sufficient information to make reasonable projections of revenues and expenses.
  3. Plans expenditures for any fiscal year within the limits of conservatively projected revenues for that year.
  4. Addresses the strategic plan to the extent possible within the funds available.
  5. Is based on a consultative process within the College community.

The President and CEO will:

  1. Maintain adequate insurance to protect College assets where not covered by the University, College and Institute Protection Program of the Provincial Government.
  2. Maintain owned buildings and equipment to the standard permitted by available funds.
  3. Ensure that an adequate system of controls is in place to safeguard cash receipts and disbursements.
  4. Invest or hold funds in investments that are within the guidelines of the Board of Governors' approved Investment Program.
  5. Acquire or dispose of land or buildings, construct buildings, or lease College owned property for a term of 5 years or more, or grant easements only with prior Board approval.

Governance Process Policies

North Island College is a multi-campus comprehensive community college established and operating pursuant to the provisions of the statutes of the Province of BC since 1975. The College and Institute Act accords to the Board of Governors the responsibility for the general welfare and overall management of the College. The Board is the ultimate authority for the operation of the College subject to the provisions of the legislation. To fulfill its mandate, the Board of Governors appoints a President and CEO who in turn is responsible for appointing employees, providing institutional direction and leading and managing the operations and activities of the college.

The Board of Governors will govern with a style that emphasizes: outward vision rather than an internal preoccupation, encouragement of diversity in viewpoints, strategic leadership more than administrative detail, clear distinction between Board and Presidential roles, collective rather than individual decisions, the future rather than the past or present and is proactive rather than reactive.

More specifically, the Board will:

  1. Operate in all ways mindful of its civic trusteeship obligation to the public. It will allow no officer, individual or committee of the Board to hinder or be an excuse for not fulfilling this commitment.
  2. Enforce upon itself whatever discipline is needed to govern with excellence. Discipline will apply to matters such as attendance, policy making principles, respect of roles, speaking with one voice and ensuring the continuity of governance competence. Continuous education will include orientation of new members in the Board’s governance process and periodic Board discussion of process improvement.
  3. Utilize Board Committees to allow more indepth review of issues than would be possible at General Board Meetings. All Board Members should be encouraged to participate on at least one committee. Committee work shall not interfere in the Board’s commitment to the long term goals of the organization nor involve the committee in the day to day operations of the college.
  4. Govern and inspire the organization through the careful establishment of the broadest organizational policies reflecting the Board’s mission, values and ends. The Board’s major focus will be on the intended long term impacts outside the operating organization (Ends), not on the administrative or programmatic means of attaining those effects. See also GP-4 Board Committee Principles.
  5. Govern with excellence and initiate policy. The Board will welcome employee initiative and cultivate a sense of group responsibility. It will use the expertise of individual Board members to enhance the ability of the Board as a body, rather than to substitute their individual judgments for the Board's values.
  6. Monitor and discuss the Board’s process and performance. Evaluation will include comparison of Board activity and discipline to policies in the Governance Process and Board-Staff Relationship categories.

The job of the Board is to represent all communities of the North Island Region in determining and demanding appropriate organizational performance. To distinguish the Board’s own unique role from the roles of its staff, the Board will concentrate its efforts on the following:

  1. The link between North Island College and all communities of the North Island Region
  2. Legislative compliance.
  3. Assuring organizational performance through evaluating the President and CEO’s achievement of Ends and compliance with Executive Limitations.
  4. Supporting the work of the North Island College Foundation.
  5. Promoting a positive image of North Island College.
  6. Advocating on behalf of North Island College.
  7. Promoting a competitive position.
  8. Attending Board functions
  9. Attending North Island College and community functions where feasible.

In addition to the Chair’s role as described in Policy GP-3, the Board Chair has a set of responsibilities which are unique to the position. Performing the Board Chair’s role requires detachment, objectivity and a holistic approach to the work of the Board. As chief spokesperson for the Board, the Chair serves as the liaison between the college and the general public and requires a person seen not to be in a position of special interest. From time to time, the Board Chair also serves as a nonpartisan colleague with whom the President and CEO can discuss issues, problems, concerns which may be sensitive or confidential in nature.

The role of the Chair is to ensure the integrity of the Board’s processes and, occasionally to be the representative of the Board at external functions. The Chair, as the official spokesperson of the Board, is the only Board member authorized to speak for the Board.

  1. The Chair is elected by and serves at the discretion of the Board.
  2. The role of the Chair is to ensure that the Board’s behaviour is consistent with its own policies and legislated requirements.
    • Agenda items will be those that, according to Board policy, are clearly the purview of the Board and have not been delegated to the President and CEO.
    • Deliberation will be fair, open and thorough, but also efficient, timely, orderly and kept to the point.
  3. In performing his/her role the Chair is authorized to use reasonable interpretation of the provisions contained in the Board’s policies.
    • The Chair is empowered to chair Board meetings with all the commonly accepted power of that position (eg. ruling, recognizing).
    • In keeping with Board policy the Chair has no authority to supervise or direct the President and CEO.
    • The Chair may represent the Board to outside parties in announcing Board positions and interpretations as specified by the Board.
  4. The Chair is to ensure the Vice-Chair is informed of current and pending Board issues and processes.
  5. The Chair has a distinct role in identifying, handling conflicts of interest, code of conduct, breaches of policy and appeals as outlined in Board Bylaw 2, 2016 A Bylaw to Establish Board of Governors Conflict of Interest Guidelines..

Board committees enable more indepth review of issues that may not be possible within the framework of General Board Meetings. They also provide staff with access to Board experience and expertise. They are not intended to interfere with delegation from the Board to the President and CEO.

  1. Committees report to the Board and are formed and operate at the discretion of the Board. The board shall form and authorize the following committees:
    1.1 Executive Committee
    1.2 Finance and Audit Committee
    1.3 Governance and Human Resources Committee
    1.4 President’s Performance and Compensation Committee
    and other committees as necessary.
  2. Committees will assist the Board by working with relevant employees to prepare policy recommendations for Board deliberation.
  3. Board committees cannot speak or act for the Board except when given formal authority by the Board for specific and time limited purposes. Expectations and authority will be stated in order not to conflict with authority delegated to the President and CEO.
  4. Board committees do not exercise authority over employees. Because the President and CEO works for the Board as a whole, he or she will not be required to obtain approval of a Board committee before an executive action. In keeping with the Board’s broader focus, Board committees will not have direct dealings with current College operations. See also GP-1 Governing Style and Commitment.
  5. As a principle, Board committees are encouraged to utilize the expertise of all elected and appointed Board members for specific projects or discussions where this can be done without creating a conflict of interest.

The Board expects ethical and professional conduct. This commitment includes proper use of authority and appropriate behaviour when acting as Board members.

  1. Each member, regardless of whether he or she is elected or appointed or is an ex officio member of the Board, has the responsibility first and foremost to the welfare of the institution and must function primarily as a member of the Board, not as a member of any particular constituency.
    Members of elected constituency groups such as faculty, employees or students may bring forward to Board discussions the views of their respective constituency; however, in deliberations and voting they shall always act in accordance with the best interest of the college as a whole.
  2. Board members are expected to act at all times in good faith and with honesty and due diligence.
  3. Board members are expected to regularly attend meetings and to adequately prepare for the duties expected of them.
    “If a member of the Board has not attended three (3) consecutive regular meetings of the Board, the member is no longer a member of the Board unless excused by resolution of the Board.” The College and Institute Act, [6, 59.7].
  4. A Board member who resigns must submit a letter of resignation to the Board through the Board Chair.
  5. Board members shall contribute their knowledge and expertise in dealing with the affairs of the institution.
  6. Board members shall stand by and uphold decisions of the Board.
  7. The conduct and language of Board members must be free from any discrimination or harassment prohibited by the Human Rights Code.
  8. Board members’ conduct shall reflect social standards of courtesy, respect and dignity.
  9. Board members must not reveal or divulge confidential information received in the course of their duties.
  10. Confidential information must not be used for any purpose outside that of undertaking the work of the Board. To this end each member of the Board shall take due care to ensure that confidential information of the Board is not made public.
  11. The Board speaks with one voice. The Board Chair or the Board Chair’s designate represents the Board in the public. All Board members must refer to the Chair for public comments about the Board and its decisions.
  12. Performance of Board duties shall not result in any personal or private financial or other substantive gain for its members. (Private gain does not include honoraria for service on the Board.)
  13. Board members will be approached occasionally by a community member(s), employee(s) or student(s) regarding a concern or problem. The protocol for dealing with these issues is as follows:
    • Community member - the Board member should suggest that contact be made with the President and CEO or other senior administrator (eg. vice presidents and regional directors).
    • Student - the Board member should suggest that contact be made with the Director, Student Services and Registrar.
    • Employee - the Board member should suggest that contact be made, in the following order, with the department head, senior administrator, President and CEO or Chair regarding the concern.
    In all cases, the complainant must be advised that for any effective follow-up, the complainant must be willing to put the complaint in writing and be willing to participate in the process.
  14. Requests from individual Board members to visit a College Campus or Centre should come through the President and CEO.

To accomplish its job with a governance style consistent with Board policies, the Board will follow an agenda which (a) annually reviews Ends policies and (b) continually improves its performance through attention to Board education.

  1. The Board will establish its planning cycle each year in order that administrative planning can be based on accomplishing a one year segment of the most recent Board long range vision. The Board will approve an annual planning schedule at its June meeting.
  2. Board education, input and deliberation will receive paramount attention in structuring the series of meetings and other Board activities during the year.
  3. The annual planning schedule will include provision for New Board Member Orientation and regular Board Education Sessions. Where feasible, the Board will identify those areas of education and input needed to increase its level of knowledge and forethought.

The Board shall establish a schedule and determine the structure and operational procedures for its meetings.

  1. Meeting Cycle
    The first meeting of the Board in each year shall be in September. At that time, a Chair will be elected for a 12 month term. At this meeting, the President and CEO shall act as Chair until a Chair has been duly elected.
  2. Regular Meetings
    i) The regular open meetings of the Board shall take place in accordance with an annual schedule established by the Board.
    ii) The place of the regular meeting of the Board shall be the Boardroom of Komoux Hall, Comox Valley Campus. Each year one Board meeting will be held at each of the Campbell River and Port Alberni campuses. A Board meeting may be held at other locations within the North Island College region at the discretion of the Board.
    iii) Where a quorum as defined in the College and Institute Act is lacking, the members present may consider urgent items providing quorum can be established through the use of electronic media.
    iv) Presentations will be limited to fifteen minutes, plus a 5-minute question and answer period. The Board reserves the right to seek diverse or alternative views. Written summaries of the presentation will be required fourteen (14) calendar days prior to the meeting.
  3. In-camera Meetings
    i) Attendance at In-Camera meetings of the Board shall be confined to Board members, Vice President Finance and Facilities, Executive Assistant to the Board and other persons appropriate to the business of the meeting.
    ii) In-camera meetings will consider only the following matters unless otherwise directed by the Board:

    a) The conduct, discipline and suspension relating to students;
    b) Matters relating to the acquisition, disposition or security of real property, where it is in the interest of the College to maintain confidentiality or to protect the privacy of an individual;
    c) Personnel matters relating to salaries, conditions of employment, discipline, grievances and collective bargaining;
    d) Matters of a contractual or financial nature where it is in the interest of the College to maintain confidentiality; and,
    e) Matters where Board liability may arise and legal opinions respecting the liability or interest of the Board.

    iii) All matters other than those noted in ii) above shall be dealt with at regular meetings unless otherwise determined by resolution of the Board.
    iv) Minutes of an in-camera meeting will be approved at the next in-camera meeting.
    v) In order to ensure the confidentiality of matters dealt with in in-camera meetings, decisions and resolutions made in in-camera meetings are not required to be ratified at an open meeting unless deemed necessary by the Board.
  4. Special Meetings
    i) Special meetings of the Board may be called to deal with a particular item. Only that business for which the special meeting has been called may be dealt with at such meeting. Such meetings may be called by the Chair of the Board, or by at least three Board members. At least 24 hours’ notice must be given to all Board members before a special meeting can be held. Each Board member shall be advised of the time, purpose and place of the meeting as soon as the special meeting can be constituted.
    ii) The definitions of regular and in-camera meetings shall apply to special meetings.
  5. Meetings by Use of Electronic Media
    Meetings held by the use of electronic media shall be governed by normal rules of procedure. The provision of paragraph 3. ii) In-camera meetings may apply at the discretion of the Board.
  6. Agenda Items
    The agendas for the regular and in-camera meetings of the Board are developed by the Executive Committee at a meeting held approximately two weeks prior to the Board meeting. Items to be included on the agenda are discussed and agreed to by the Executive Committee at that time.
    A Board member wishing to place an additional item on the agenda should advise the Chair of the request. The Chair will have the right to decide whether or not to allow the item to be added to the agenda prior to the meeting. The agenda and all amendments to the agenda are approved by a motion of the Board at the beginning of the meeting.
    Potential agenda items shall be carefully screened to ensure that they relate to the Board’s job description, rather than simply reviewing employee activities. Screening questions shall include:
    1) Clarification as to whether the item clearly belongs to the work of the Board or the President;
    2) Identification of what category an item relates to – Ends, Executive Limitations, Governance Process, Board-Staff Relationship;
    3) Review of what the Board has already said in this category, and how the current item is related;
    4) Identification of whether the Board already dealt with the item; of whether the item is one level below current Board policy, or several levels lower;
    5) Identification of the broadest way to address this item so that it is still under the Board policy that already exists; and
  7. Recording and Communication Devices
    North Island College is committed to a high standard of good governance, including the promotion of transparency, consistent with Policy Governance Process GP 1 – Governing Style and Commitment.
    The Board of Governors is responsible for creating a meeting environment that promotes healthy and vigorous discussion in its role of providing strategic oversight for the College. The required environment will create the conditions that support individual expression of diverse respectful opinion. This environment must also provide comfort for all Board of Governors and other participants that their questions and comments will not be reported out of context and result in undue harm to the College or the individual.
    The use of any recording devices must be approved by the Board in any meetings of the Board of Governors.
General Definitions

“Internal Board Member” means faculty, support staff and students (elected by their respective constituency) and Chair of Education Council and President and CEO (Board members because of position held).
“Community Board Member” means a community member appointed by the Lieutenant Governor in Council.

  1. To maintain the integrity of the responsibilities unique to the position of Board Chair, the Board Chair shall be elected annually from among the Community Board Members by a majority vote of a fully constituted Board. The Board Chair shall be eligible for re-election.
  2. In the event of the death, resignation or removal from office of the Board Chair, a by-election shall be held to elect a Chair for the remainder of the term of office from among the Community Board Members by a majority vote of a fully constituted Board.
  3. The position of Vice-Chair shall be elected annually from among the Community Board Members by a majority vote of a fully constituted Board and shall be eligible for re-election. The Vice-Chair has no succession rights to the position of Board Chair.
  4. In the event an election is required, the election process would consult Robert’s Rules of Order.
  5. Community Board members interested in seeking nomination as Chair or Vice Chair are encouraged to communicate their interest to the rest of the Board within four weeks prior to the election date.
Policy Statement

North Island College, in accordance with the College and Institute Act, allows for an appeal to the Board of Governors by a student or employee who has been suspended by the President.

The only grounds for student or employee appeal to the Board are:

  1. A flaw in due process or procedures in the determination to suspend the student or employee;
  2. New evidence, not available at the time of the President’s decision to suspend the student or employee, that may have affected the decision, or;
  3. The level of sanction is unwarranted for the nature of the misconduct.

The decision to suspend a student or employee will not be changed until the final outcome of the Board Hearing Process is known.

Purpose Statement

The purpose of this policy is to allow students or employees to appeal to the Board of Governors a suspension from the College.

Limitations

This policy applies to students or employees who have been suspended by the President.

Procedures

All timelines referred to in this document are based on business days of the College. Timelines specified are the maximum number of days allowed for each stage of the process. However, the College recognizes that a timely decision is desirable and encourages all parties to proceed without delay. In exceptional circumstances, the Board Chair may agree to change the timelines. Also, in exceptional circumstances at the request of one or both parties, the Board Hearing Committee may decide to have a closed hearing.

The Appellant:

A student or employee wishing to appeal the President’s decision on suspension may request a copy of the Policy GP 9 Appeals to the College Board from the Executive Assistant to the Board. If necessary, translation services will be provided and paid for by the College, to ensure that the student or employee understands the grounds for appeal and related procedures.

A student or employee who decides to appeal will ask the Executive Assistant to the Board for a “Request for Appeal Hearing” form (see Appendix A) which must be submitted, together with all supporting documentation, to the Executive Assistant within 10 days of receipt of the President’s decision letter. The appellant must complete the form, specifying:

  • Grounds for appeal;
  • Witnesses to be called, should Hearing be granted, with a summary of the evidence to be presented;
  • Spokesperson (if other than the student or employee);
  • The remedy being sought.

Failure to file within 10 days will result in automatic termination of the process unless timeline is otherwise extended by the Board Chair (in exceptional circumstances).

The President or designate:

Upon receipt of the Request for Appeal Hearing form, the Executive Assistant to the Board will forward a copy of the request and all supporting documentation to the President to provide a written response.

The President, or designate, will provide a written submission to the Executive Assistant to the Board, together with any further supporting documentation, within 10 days of receiving a copy of the appellant’s appeal documentation.

This submission will contain the following information:

  • Response to detailed reasons for the appeal;
  • Witnesses to be called, should Hearing be granted, with summary of evidence to be presented;
  • Spokesperson, if other than the President.

Board Hearing Committee

Upon receipt, the Executive Assistant to the Board will send copies of both submissions (from the appellant and President) to the Board Hearing Committee (see Appendix B).

The Board Hearing Committee, within 10 days of receipt of the submissions, will decide whether the stated grounds justify a Hearing. If the Committee decides that a Hearing is warranted, they will set a Hearing date to take place within 10 days.

The Executive Assistant to the Board will notify the Appellant and President of the Board Hearing Committee’s decision to grant a Hearing or not and reasons for the decision where a Hearing is not granted.

The Board Hearing will be conducted in accordance with the Rules set out in Appendix B.

If the Appellant fails to attend the Hearing and fails to provide reasonable evidence of an emergency, the Hearing is abandoned, and the Appeal is automatically denied. The Appellant may, at any time, terminate the appeal process by providing written notice to the Executive Assistant to the Board. The Appellant may not subsequently resubmit the appeal to the Board.

Within five days of the completion of the Board Hearing, the Board Hearing Committee will deliberate and render a recommendation to the entire Board of Governors to make a decision. The Board of Governors may elect, by majority vote of its members via written resolution, to delegate the decision on the Appeal to the Executive Committee.

Within five days of receiving the recommendation from the Board Hearing Committee, the Board of Governors (or Executive Committee if so delegated) will make its decision on the Appeal and will forward the decision, with reasons, to the Executive Assistant to the Board.

The Executive Assistant to the Board will communicate the decision of the Board, with reasons for the decision, in writing, to:

  • The Appellant (hand delivered by courier or registered mail, unless otherwise advised by the Appellant);
  • The President;
  • The Board Hearing Committee members;
  • Other Administrators as appropriate in the circumstance.

The decision of the Board will be that the appeal is “founded” or “unfounded.”

If the decision is that the appeal is “founded,” the matter will be referred back to the President to determine appropriate action. In this case, the President will decide whether the decision to suspend the student or employee remains in effect pending the review of the case.

The Executive Assistant to the Board will retain a copy of all documents submitted as records, but will return all original documents to the owner.

Links to other Related Policies:

Human Rights, Discrimination and Harassment, Human Resources Policy 2-08
Human Rights, Progressive Discipline, Misconduct or Inappropriate Behavior, Human Resources Policy 2-12
Education Policy, Community Code of Academic, Personal and Professional Conduct 3-06
Education Policy, Student Appeal Policy 3-30

Appendices

Appendix A
Appendix B