Student Conduct Policy
Effective Date: September 1, 2020
The following document details OIST policy as it relates to student misconduct. The Student Conduct Policy is an immediate supporting document of the Student Code of Conduct, and should thus be read in conjunction with both the Student Code of Conduct and its own supporting document, the Student Conduct Rules and Procedures.
This document supplements, and does not in any way supersede, OIST University Rules or OIST Policies, Rules and Procedures (PRP), for example, the University Code of Conduct (PRP 1.4) and the OIST Gender Code of Conduct within. If any discrepancy is found between the two, the OIST PRP takes precedent.
Application and Scope
i) The Student Conduct Policy applies to all students enrolled at OIST, including Special Students as defined in the OIST PRP, irrespective of their place of residence or their mode of study, and includes all activities:
a. that occur on OIST university grounds or facilities, or are facilitated by OIST services or infrastructure, including student or university clubs and societies
b. that occur outside OIST university grounds or facilities in any form, but are endorsed, funded or organized by OIST or its associates (including internships, study leave, or placements)
c. that occur at conferences, both nationally or internationally, where OIST is represented in any form (including student or university clubs and societies)
d. that occur at OIST or OIST-affiliated housing or accommodation (including where OIST acts as guarantor); or where OIST has provided or arranged accommodation
ii) The Student Conduct Policy also applies to all students, irrespective of enrollment status, in cases where misconduct is discovered, reported or investigated following the student’s departure from OIST
iii) The Student Conduct Policy applies irrespective of the form in which the misconduct takes places, be it in person, online, by proxy, etc.
iv) Policies and procedures related to student misconduct are applicable irrespective of the student’s current enrollment status
All matters dealt with under this policy are treated with the strictest confidentiality. Information and records will be provided only to those directly involved.
Exceptions to the above may include:
i) Where there is reasonable belief that the matter involves substantial risk to the health and safety of an individual or to the public
ii) Where legal proceedings are involved, or OIST is required by law to cooperate and provide requisite information or records
iii) Where the matter is in the public interest, there is a contractual obligation, or a requirement under legislation to report
iv) Where OIST is obligated to report under OIST University Rules or a relevant section of the OIST Policy, Rules and Procedures (PRP)
v) To the extent allowed by OIST policy, the Dean of Graduate School may refer any matter before them to any other mediation services provided by OIST, including to other investigative processes provided by OIST.
Authorized persons are tasked with investigating circumstances surrounding misconduct, interviews, collection and evaluation of evidence, and recommendation of courses of action and appropriate sanctions to the Dean of Graduate School and the President of OIST.
When directed by the Dean of Graduate School or the President of OIST, authorized persons may also provide root cause analysis and recommendations on how to circumvent similar circumstances and/or misconduct in future.
“Authorized persons” are defined as:
i) a relevant Graduate School staff member familiar with a particular case
ii) a member of faculty
iii) an OIST legal representative (including relevant members of the General Counsel’s Office or the OIST Executive)
iv) a member of OIST Human Resources
The Dean of Graduate School has the power to select authorized persons without conflict of interest in accordance with this policy.
Appointment of Investigation Committee members, as well as delegation of power to investigate matters related to the Student Conduct Policy, reside with the Dean of Graduate School. Responsibility for decision-making is retained by the Dean of Graduate School, after deliberation by the Faculty Assembly, or a committee delegated by the Faculty Assembly, and consultation with and approval of the President of OIST as specified in Attachment 1 of Chapter 12 of the OIST PRP.
When deemed necessary, an Investigation Committee will be appointed by the Dean of Graduate School to investigate allegations of student misconduct.
Investigation Committees will be constituted of no less than three (3) authorized persons without conflict of interest. The background of authorized persons chosen to form an Investigation Committee will accord with the nature and severity of the misconduct.
The Chair of the Investigation Committee shall be decided by the Dean of Graduate School, and shall report directly to the Dean of Graduate School.
During an investigation, where evidence of further misconduct is found, this shall be immediately reported to the Dean of Graduate School. When directed by the Dean of Graduate School or the President of OIST, an investigation committee may widen the scope of its investigation.
Minimization of disadvantage
Every effort will be made to ensure no student will be unreasonably disadvantaged as a result of the application of the Student Conduct Policy or its procedures.
If deemed required or appropriate, accommodation will be provided to ensure all elements of the policy and its procedures are readily accessible to all parties, including in need the provision of interpreters/translators, for example.
Student Conduct as it relates to legal matters
Where student conduct may relate to legal matters, the General Counsel Office will be informed immediately.
Where alleged misconduct may involve criminal activity, OIST may:
i) Refer the matter to the relevant authority (the police, for example)
ii) Oversee an internal investigation in line with this policy and its procedures
OIST internal investigations shall not interfere with any investigation by relevant authorities. OIST may not tamper with or destroy evidence, nor witness statements.
Any conviction of criminal offence will be deemed an act of student misconduct, and may be investigated by OIST.
Responsible Conduct of Research
Student conduct of research, including ethics, compliance, and prevention of conflicts of interest are covered under Chapter 4 of OIST PRP.
Matters regarding gender, equity, diversity and inclusion are detailed in the University Code of Conduct under Chapter 1 OIST PRP.
Student Personal Record
Allegations and convictions of student misconduct are entered into the Student Personal Record of the student. Such records are maintained in the strictest confidence by the Graduate School.
Annual reporting to the OIST Executive of student misconduct may be required of the Dean of Graduate School. Such reporting may include the number, nature, and outcome of cases. Reporting is for the purpose of improving OIST practice, policy, and procedure.
Rules and Procedures
Rules and Procedures as they relate to this policy may be found in the Student Misconduct Rules and Procedures document.