Offences and Sanctions
An offence is any unacceptable conduct, actions or neglect that violates the Residence Community Living Standards (RCLS), Student Resident Agreement (SRA) or Conestoga College’s policies.
Offences are described and classified based on three levels of increasing severity. Sanctions are the consequences for offenses, which are described below. At each level of offence and/or after repeated offences, the severity of the sanctions will increase.
Level 1 Offences: Actions that interfere with the rights of another individual or community to the peaceful use and enjoyment of their space in residence. Normal Point Range: 1-2
Level 2 Offences: Actions that create a significant nuisance and/or disturbance to an individual or community and/or repeated level one offences. Normal Point Range: 2-4
Level 3 Offences: Actions that endanger the safety and security of an individual; significantly compromise or damage personal or Conestoga Residence/Conestoga College property; attack the dignity/integrity of an individual; contravene the laws of the land; and/or repeated level two offenses.
*Any Level 3 Offence may warrant an eviction. Conestoga takes all drug related offenses seriously and therefore any Level 3 Illegal Substances offence may lead to an eviction on a first offence. Normal Point Range: 4-6
The point system
The point system is designed to help define the seriousness of specific behaviours and where a resident 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 resident has been found responsible for an offence, they 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:
Points Accumulated |
Stage in Disciplinary Process |
1 – 4 |
Warning |
5 – 8 |
Probation (may include behavioural contract, suspension, denial of re-admission to residence) |
9 + |
Eviction (Exception: Any Level 3 Offense could warrant an eviction even if the point accumulation is less than 9) |
Offences
The offenses listed in the RCLS summarize policies stated in the SRA and are found to be consistent with Conestoga College policies and values. Where applicable, reference is made to these policies.
A) Advertising, Soliciting, Campaigning and Selling
Level 1 (1 - 2 points)
- Displays in windows or other prominent places promoting alcohol, illegal substances, pornography, or other inappropriate activities or messages.
- Unauthorized advertising, soliciting, promoting, or selling of products, events and services in residence.
- Unauthorized campaigning in residence.
B) Alcohol
Level 1 (1 - 2 points)
- Alcohol is only permitted to be consumed in individual residence rooms/suites and must be transported in a sealed container.
- Possession of single serving glass containers (i.e. beer bottles, coolers).
- 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 that encourages swift or high volume consumption of alcohol. 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 mickeys.
Level 3 (4 - 6 points)
- Consumption or possession of alcohol by residents and guests under the legal drinking age or those on alcohol probation. The legal drinking age in Ontario is 19 years.
- Drinking games or promotion of a social function, activity or contest in which the consumption of beverages is either the primary focus or used as a penalty, typically in response to a specified cue or prompt.
- Imposing the physical effects of intoxication on the residence community, for example vomiting, passing out, aggressive or significantly disruptive behaviour, or needing medical assistance.
- Making or selling alcohol in residence.
- Purchasing or supplying persons under the legal drinking age with alcohol.
- Influencing, forcing and/or promoting the consumption of alcohol by a resident and/or guest on another.
C) Cleanliness
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 unit/suite/room or outside of designated garbage areas.
- Collection of empty containers, bottles or cans that is judged by residence staff, for sanitary reasons, to be beyond recycling purposes.
- Failure to (follow disposal instructions 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 disposal areas.
D) Damages and Vandalism
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 residence, 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 Conestoga College or private property.
E) Disruptive Behaviour
Level 1 (1 - 2 points)
- Throwing, dropping, kicking or knocking objects from residence buildings, windows, or stairwells, whether intentional or unintentional.
- Throwing snowballs or other objects at residence buildings.
- Participating in physically-active games or sports inside residence or within the residence grounds which could disturb residents, staff or the surrounding community or cause damage to facilities or personal injuries.
Level 2 (2 - 4 points)
- Creating or permitting behaviour in residence which is a nuisance or annoyance to residents, residence staff, the surrounding community, or to the supplier of services authorized by Conestoga Residence or Conestoga College. This includes pranks/raids or similar actions that could be damaging to personal, Conestoga Residence or Conestoga College property or reputation.
F) Facilities and Furniture
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.
- Alteration, renovation or removal of rooms, furniture, or equipment.
- Installation of unauthorized furnishings, equipment or devices. This includes internet, phone and cable.
- Failure to keep access clear to electrical panel, heating unit and maintenance access.
G) Guests and Visitors
- 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.
- Residents must sign in their guests at the front desk before they enter the residence.
- The guest must leave one piece of photo identification with the front desk staff.
- No visitors will be granted access into residence after 2:00 a.m.
- Residents may sign-in up to two (2) guests at a time with the exception of pub nights where residents are limited to one (1) guest at a time.
- 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.
- While each guest is in residence, the resident must remain in the company of the guest at all times until the guest is signed out.
- Failure to be present does not mitigate or relieve the resident’s responsibility for their guest’s behaviour. Residents 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.
- 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.
- Guests should not in any way interfere with the rights of a roommate or other resident to privacy, access, sleep or study at any time or anywhere within residence.
- Residence requires any guests 16 years or younger visiting residence 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. The residence 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 guests at the front desk.
- Failure of the residents to be with their guest at all times in residence.
- 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)
- Hosting a guest during Conestoga Colleges Orientation Week
- Living or permitting someone else to live in a room/unit without an approved assignment from residence.
Level 3 (4 - 6 points)
- Hosting a guest who violates any RCLS sanction including alcohol, illegal substances, respect and cooperation, disruptive behaviour, harassment and discrimination, noise and quiet hours, weapons, smoking etc. All residents are responsible for the actions and behaviours of guests signed in with them at all times while in the residence.
H) Harassment and Discrimination
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.
Note: Differentiation between Level 2 and 3 offenses will be based on the intent and impact of the behaviours and the definitions of each level described above.
Level 2 (2 - 4 points) & Level 3 (4 - 6 points)
- Failure to abide by the Conestoga College 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.
I) Illegal Substances and Activities
Any observations about the behaviour, speech, odours or physical surroundings of an individual that cause suspicion of illegal activity will be investigated and/or reported.
Illegal substances offense will lead to an eviction.
Level 1 (1 - 2 points)
- Possession of paraphernalia associated with the use of illegal substances including but not limited to bong, pipe, roach clip, vaporizer, ashtray and grinder.
Level 2 (2 - 4 points)
- Using or being under the influence of an illegal or unprescribed substance in residence.
Level 3 (4 - 6 points)
- Possessing, making, selling or otherwise distributing an illegal or unprescribed substance in residence.
- 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.
J) Noise and Quiet Hours
Noise levels at any time should not detract from any resident'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 residence: Sunday to Thursday: 11:00 p.m. – 8:00 a.m.; Friday and Saturday evenings: 1:00 a.m. – 8:00 a.m.
Exam Quiet Hours begin at 11:00 p.m. on the Friday evening before the final examination period, which means quiet hours are extended to 23 hours a day. Residence will define a relaxed hour during the evening when programming by residence 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 residence staff during quiet hours.
Level 1 (1 - 2 points)
- Non-compliance with Consideration Hours or Quiet Hours.
- Possession of, or use of, large musical instruments, such as pianos and drum sets.
Level 2 (2 - 4 points)
- Non-compliance with Exam Quiet Hours.
- Excessive noise that interferes with the academic work of residents and/or significantly disturbs the residence community and/or our neighbouring communities.
K) Pets
Level 2 (2 - 4 points)
- Keeping any animal or pet in residence.
L) Respect and Cooperation
Level 2 (2 - 4 points)
- Failure to respond to the written or verbal direction of residence or college staff.
- Demonstrated lack of respect, civility, courtesy, or cooperation with a member of the residence community, including residents, guests, residence staff and Conestoga College staff.
- Failure to provide identification, or providing false identification when asked from a residence or Conestoga College staff.
- Failure to provide identification, or providing false identification when asked from a residence or Conestoga College staff.
M) Restricted Areas and Unauthorized Entry
Level 3 (4 - 6 points)
- Unauthorized entry into restricted areas of residence, including rooftops, basements, utility rooms, offices, etc.
- Entry into another resident's room without the consent of that resident.
N) Safety, Security and Fire Prevention
Level 1 (1 - 2 points)
- Propping open a fire 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 exiting of residence through windows.
Level 2 (2 - 4 points)
- Possession or use of candles, incense, lava lamps, hot plates, flame cooking devices, indoor barbecues, deep fryers and the like. Cooking devices without an automatic shutdown are not allowed in residence.
- Covering or 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 residence, either by opening a door or giving residence keys 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 residence grounds.
- Actions, carelessness or neglect that causes an elevator to stall and/or require repair.
O) Smoking
Level 2 (2 - 4 points)
- Smoking in residence is not permitted, including but not limited to the use of cigarettes, e-cigarettes and vaporizers.
- Smoking in an outdoor location on residence grounds not permitted by residence or Conestoga College.
Level 3 (4 - 6 Points)
- All students must follow the Ontario Law of Smoke-Free Ontario Act, S.O. 1994, c. 10. This means you must be 15 meters from the entrance/exit of the residence.
P) Technology Misuse
Level 2 (2 - 4 points)
- Failure to abide by Conestoga College's technology and internet policies.
- Interference with the technology of the residence, Conestoga College or another resident.
- Copyright infringement (i.e. illegally downloading music, movies or other media using the residence internet connection).
- Installing/use of a personal internet router.
Q) Unauthorized Activities
Note: All organized events, activities or gatherings that have the potential to cause a disturbance must be approved by residence management to ensure compliance with fire safety, noise and other applicable policies. Residence management will not approve any event that involves or is presumed to involve the use of alcohol or other substances.
Note: Maximum capacity of a residence room is defined as the number of residents that live in the room plus two (2) guests each.
Maximum capacity of a residence room is defined as the number of residents that live in the room plus two (2) guests each.
Level 2 (2 - 4 points)
- Any gathering over the maximum capacity of a residence room.
- Any organized event, activity or gathering that has not gained the approval of residence management.
R) Unauthorized Articles and Theft
Theft refers to the act of taking another person’s property in residence 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 the residence, they must bear a visible serial number and a CSA or RL identification tag. Bicycles are not permitted in the residence and shall be parked only in bicycle racks, where provided.
Level 1 (1 - 2 points)
- Possession of equipment, keys, appliances or furnishings not authorized by Conestoga Residence or Conestoga College.
Level 3 (4 - 6 points)
- Theft or possession of stolen property.
S) Violence and Aggression
Note: Violent or aggressive behaviour of any kind is not permitted in residence. 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.
T) Weapons
Note: A weapon is defined as any device that is designed for (or could be used for) the purpose to intimidate, threaten, harm or kill. Examples of weapons include and 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. Weapons are prohibited in residence because they disproportionately increase the potential for harm to self and others.
- Possession, storage, use or threatened use of dangerous materials, such as explosives, gasoline, fireworks and similar items.
U) Sexual Violence
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 sexual violence.
Sanctions
Sanctions are consequences for behaviour that violates the RCLS, SRA or Conestoga College policies. These sanctions are explained in detail, including any relevant deadlines or payment information in a decision letter written by residence 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
- Warnings – a verbal or written caution that continuation or repetition of the offending behaviour will constitute more serious sanctions in the future.
- Community Service – tasks or roles assigned as sanctions, which contribute positively to the reputation, welfare or condition of the residence or surrounding community.
- Confiscation – removal of items from the possession of residents that violate the Residence Community Living Standards.
- Educational – tasks assigned as a sanction designed to promote learning and development.
- Fines – a sanction applied to a resident whereby they are required to pay a monetary fee.
- Ban – a sanction that places restrictions on certain activities of the resident, such as alcohol consumption or signing in guests.
- Restitution – payment for damage or loss experienced by Conestoga College, residence, residents, guests or others.
Level 2
- All level 1 sanctions.
- Communication Ban – a sanction that limits the ability of a resident to communicate freely with another resident.
- Transfer/Relocation – a sanction that will reassign accommodation either within the residence or to a location off campus
- Persona non grata (PNG) or Trespass Notice – a sanction given to an individual who is denied entrance to residence. The PNG individual is also prohibited from attending any residence events which occur outside of the building. A copy of the PNG letter is filed with Campus Security. A PNG individual found or seen in residence at any time will be reported to Campus Security and may be subject to further sanctions under residence or Conestoga College policies.
- Denial of Readmission to Residence – a sanction given to a resident who will not be permitted to live in residence in the future.
Level 3
- All level 1 and 2 sanctions.
- Behaviour Contract – a signed agreement between a resident and residence management, to comply with established conditions of conduct and to refrain from specified conduct, often used when a student is placed on Residence Probation; the last step before eviction.
- Residence Probation – a sanction applied as a serious warning against future offences, usually leading to eviction when the next offence (at any level) occurs.
- Eviction – termination of the resident’s Student Residence Agreement (contract).
- Recommendation for charges of non-academic misconduct – a sanction where residence staff make a formal recommendation to Conestoga College to investigate and/or charge the resident with non-academic misconduct.
Primary and Secondary Contacts
Every resident 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 resident, as they serve as emergency contacts. They may also be contacted if any other significant concerns or problems arise with the resident, such as significant violations of the residence rules, late payments or fees, or concern for their well-being. Sections 5.01 and 5.02 of the SRA provide more details about the primary and secondary contacts.