Privacy Policy

1. INTRODUCTION

Newman Theological College respects the privacy of the personal information of its employees, students, donors, alumni, and other stakeholders. The college is committed to protecting the privacy of personal information entrusted to us. In line with that commitment, we seek to be transparent and accountable with respect to the collection, use, disclosure, and security of personal information. Any personal information provided is managed according to the Alberta Personal Information Protection Act (PIPA) and accords with the Freedom of Information and Protection of Privacy Act (FOIP). This policy sets out the principles that Newman Theological College applies with respect to the collection, use, disclosure, and protection of personal information.

2. SCOPE

This policy applies to personal information of NTC’s employees, students, donors, alumni and other stakeholders such as applicants for admission as students and third-party educational partnerships or agencies contracted for purposes of promotion and advertising.

3. ACCOUNTABILITY

Newman Theological College is responsible for the protection of all personal information under its custody or control. Senior management is responsible for ensuring compliance with NTC’s privacy policy and may designate one or more employees to be accountable for compliance with the policy.

NTC has designated its President as the Privacy Officer maintaining overall responsibility for the protection of personal information and compliance with this policy.

NTC maintains internal practices and procedures to:

A. Protect personal information;

B. Receive and respond to complaints and inquiries;

C. Train and communicate to staff regarding privacy policies and practices; and

D. Communicate NTC’s privacy policies and practices publicly.

4. PURPOSES FOR COLLECTION

NTC shall identify the purposes for which personal information is being collected at or before the time of collection. NTC shall communicate either orally or in writing the purposes for which personal information is collected at the time of collection. NTC shall not use or disclose for any new purpose any personal information without first identifying and documenting the purpose and obtaining the written consent of the individual concerned, unless otherwise authorized or required by applicable legislation. The main purposes for which NTC collects personal information are as follows:

5. EMPLOYEES

Personal information of employees is collected to fulfill the following purposes:

A. Maintain administrative and financial records in accordance with provincial and federal regulations; 

B. Maintain personnel files in accordance with approved NTC policies; 

C. Communicate, via email, telephone, or personal interview, details regarding special employee activities and events;

D. Planning; and

E. To comply with legal and regulatory requirements.

6. STUDENTS

Personal information of students is collected for the following purposes:

A. To register for NTC events;

B. To provide educational services;

C. To process financial transactions and applications for financial aid;

D. To facilitate students’ membership with the Newman Theological College Library;

E. To transfer information upon graduation to the NTC Foundation and Alumni Association;

F. To provide accurate information to a third party when the student has requested a reference; and

G. To comply with legal and regulatory requirements.

H. To aid in the assessment of programs.

7. ALUMNI

Personal information of alumni is collected to fulfill the following purposes:

To communicate: mailing/E-mail/Telephone/Face-to-Face contact for the objective of relating NTC’s activities/events/news; 

A. To establish and maintain responsible relations with alumni and to provide ongoing service;

B. To understand alumni needs and preferences;

C. To develop, enhance, advise and provide products and services; and

D. To comply with legal and regulatory requirements.

8. DONORS

Personal information of donors is collected by the Foundation of SJS & NTC strictly for the purpose of:

A. Compliance with legal and regulatory requirements;

B. Facilitation of fundraising activities for SJS and NTC; and

C. Communications which foster continued engagement of donors in the mission of SJS and NTC.

Please see the Access to Donor and Donor Database Information Policy of The Catholic Archdiocese of Edmonton. This policy applies to Donor information gathered for NTC. All donor information that is viewed by staff and faculty is to be kept in strictest confidence.

9. CONSENT

The knowledge and consent of individuals, expressed or implied, are required for the collection, use, and disclosure of personal information. Consent will not be obtained through fraudulent means or by deceptive methods, and clear communication will be employed to fairly and reasonably draw the individual’s attention to the issue of consent.

10. OBTAINING CONSENT

An individual’s expressed consent is communicated to NTC either personally or through an authorized representative. As appropriate, individual expressed consent to the collection, use and disclosure of personal information in exclusive conditions will be sought. In other circumstances, NTC will seek implied consent from individuals in situations where it is more fitting to seek consent through “opt-out” opportunities presented through direct mail publications, telephone, e-mail, or other communication methods. Where such mechanisms are not employed by an individual, NTC shall be entitled to assume that the individual has consented.

11. WITHDRAWAL OF CONSENT

Any individual may withdraw his or her consent to the collection, use, or disclosure at any time, subject to legal or contractual restrictions and reasonable notice. NTC shall comply with these requests and inform the individual of the implications and restrictions of such withdrawal of consent.

12. CONSENT NON-REQUIREMENT

As prescribed by legislation, staff may lawfully collect personal information without the knowledge or consent of the individual only under certain circumstances. Some examples are:

A. Where collection of the personal information is clearly in the interest of the individual and consent cannot be obtained in a timely way;

B. When collection and use of personal information is required in the case of an emergency that threatens the life, health or security of an individual;

C. Where collection of the personal information with the knowledge or consent of the individual would compromise the availability of the accuracy of the information and the collection is reasonable for purposes of an investigation or a proceeding;

D. When the information is already publicly available; and

E. When the information is collected from another organization that collected it with the consent of the individual and the information is collected solely for the purposes for which it was previously collected and to assist that organization.

13. LIMITING COLLECTION

Collection of personal information shall be limited to that which is necessary for the purposes identified by NTC. The collection of personal information shall primarily be obtained from the individual concerned with their consent, either expressed or implied, through fair and lawful means.

14. MEANS OF COLLECTION

Personal information may be collected in many ways including, but not limited to:

A. Personal communications, whether in verbal or written form, between the individual and staff of NTC;

B. Publicly available information;

C. Responses to mailings or other advertising media;

D. Communications from authorized representatives of individuals;

E. Responses from NTC sponsored, or co-sponsored, events or activities.

15. USE, DISCLOSURE AND RETENTION

NTC shall not use or disclose personal information for purposes other than that for which the information was collected, except with the consent of the individual or as required or permitted by law. Personal information shall be retained only as long as is necessary for the fulfillment of those purposes. Personal information that is no longer required for its identified purposes or for legal or business requirements shall be destroyed or made anonymous. Personal information used to make a decision which affects an individual to whom the personal information relates shall be retained for no less than one year from the time of notifying the individual of the decision. NTC shall not sell, rent or loan the personal information of its employees, students, donors, and partnered relationships to third parties. Except as stated below, personal information is not disclosed to any third party even those whose purpose could be construed to be compatible with that of Newman Theological College. In disclosing personal information to third parties, NTC shall make every reasonable effort to ensure that the organizations to which the information is disclosed use that information only for the purposes for which it was disclosed.

16. THIRD PARTIES

The following personal information may be disclosed to a third party without consent:

A. The credentials Newman Theological College has awarded to the student and the date those credentials were awarded;

B. The names of recipients and the amounts of scholarships, bursaries or awards that have been conferred by Newman Theological College;

C. The names and addresses of members of NTC’s mailing lists to mail handling agencies.

As permitted by legislation, personal information may be disclosed without consent in certain circumstances. These include, but are not limited to, the following:

A. Where the disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;

B. Where the disclosure is necessary in order to collect a debt owed to the organization or for the organization to repay an individual money owed to them by the organization; and

C. Where the disclosure is to a law-enforcement agency in Canada, concerning an offence under the laws of Canada or a province, to assist in an investigation.

In all other cases, personal information of an individual will not be disclosed to a third party unless consent has been obtained.

17. ALUMNI AND LIBRARY SERVICES

Certain personal information such as names, student identification numbers, and contact information of all students may be disclosed to the following:

A. Newman Theological College Alumni Association in order to provide membership services;

B. Newman Theological College Library Services;

C. The Foundation of St Joseph Seminary and Newman Theological College.

18. EMPLOYEES OF NEWMAN THEOLOGICAL COLLEGE

Access to records is permitted only to NTC faculty and staff whose official responsibilities require such access. Furthermore, access is limited, as much as is feasible, to the extent that is consistent with those responsibilities. Personal information about an individual will be disclosed to a member of NTC faculty and staff or to members of a College committee only where that information is judged to be consistent with the official duties of that faculty, staff or committee.

The office of the Registrar distributes to faculty, and to their teaching assistants, class lists, and grade rosters which shall include contact information of students registered for classes.

In all cases, those who are permitted access to student records and those who receive personal information pertaining to specific individuals shall be advised of the privacy policy and shall be required to sign the Privacy Agreement or have a privacy clause in their contract of employment.

19. OFFICIALS AND OFFICIAL AGENCIES

Personal information concerning individuals may be disclosed by NTC when it is legally required to do so (e.g., information required by subpoena or court order).

NTC provides personal information of students to Statistics Canada as required. Personal information of individuals is also provided to Canada Customs and Revenue Agency. Students and employees may appeal to Statistics Canada to have their personal information removed from its database.

20. ACCURACY

NTC shall make reasonable efforts to ensure that all personal information collected by it is accurate and complete, and shall also make reasonable efforts to keep the personal information up-to-date. It is the responsibility of the individual to whom the information relates to notify NTC of any changes or corrections to that information. Inaccurate information shall be corrected upon request made by the individual to whom the information relates. Supporting legal documentary evidence may be requested to substantiate the request.

21. SAFEGUARDS

NTC shall take reasonable steps to protect and ensure the security of all personal information that is retained by it or in its control. Security arrangements will be employed to protect personal information against loss or theft, as well as against unauthorized access, disclosure, copying, use, modification, or disposal. Personal information shall be protected regardless of the format in which it is held. The nature of the safeguards will vary depending on the sensitivity of the personal information that has been collected, the amounts, distribution, and format of the information, and the method of storage. More sensitive personal information will be safeguarded at a higher level of protection.

22. METHODS OF PROTECTION

A. Physical: fireproof, security lock filing cabinets, restricted access to offices, security systems with individual password protection.

B. Organizational: disclosure of personal information within NTC shall be limited to those whose job responsibilities require access to such information.

C. Technological: software security on LAN and individual computers is ensured through passwords and restrictive access.

23. EDUCATION

Faculty and staff are regularly advised of privacy issues and their role in ensuring the protection of personal information.

24. THIRD PARTY DISCLOSURE

In the event that a third party becomes an agent of NTC for the purposes of using personal information in the implementation of College tasks and projects, NTC will require the third party to safeguard all personal information in a way that is consistent with NTC’s policies and practices and that complies with the principles laid out in this Privacy Policy.

25. DESTRUCTION OF PERSONAL INFORMATION

NTC shall ensure that personal information is destroyed securely, and that care and attention is paid to the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information.

26. OPENNESS

NTC shall ensure that its policies and procedures regarding the protection of privacy of personal information are communicated in a fashion that allows for access to this information without unreasonable effort. This Policy will be made available in a form that is reasonable and understandable.

NTC shall make available:

A. The address and contact information for NTC personnel responsible for the Privacy Policy;

B. The means of requesting access to personal information held by NTC;

C. A description of the type of personal information retained by NTC and its use;

D. The complete Newman Theological College Privacy Policy.

Communication tools that will be employed to highlight the above shall include, but are not limited to:

A. NTC news publications;

B. NTC website;

C. Office of the Registrar

27. INDIVIDUAL ACCESS

Upon request in writing, NTC shall inform an individual of the existence, use and disclosure of his or her personal information by NTC, and the individual shall be given access to that information, except where the law requires or permits NTC to deny access. The individual must provide sufficient information to permit NTC, with a reasonable effort, to provide an account of the existence, use, and disclosure of personal information. This information provided will only be used to respond to the request for access made by the individual. NTC shall respond to the request within thirty days upon receipt of a request.

NTC may lawfully deny access by an individual to his or her personal information in certain limited circumstances, including where:

A. The information is protected by solicitor/client privilege;

B. Disclosure of personal information results in the disclosure of the personal information of another individual.

If NTC denies an individual’s request for access to his or her personal information, the individual shall be notified of the reasons. The individual may then challenge this decision.

28. COMPLIANCE AND COMPLAINTS

An individual shall be able to direct a concern or complaint concerning compliance of NTC with any of the principles laid out in this Privacy Policy to the Privacy Officer.

All complaints will be investigated. If the Privacy Officer determines a complaint is justified, NTC will take appropriate measures, including, if necessary, amending its policies and procedures. The complainant shall be notified of the outcome of the investigation regarding his or her complaint.

29. CONTACT INFORMATION

Privacy Officer Newman Theological College, President, Office of the President, 10012-84 Street, Edmonton, AB T6A 0B2 Phone: 780-392-2448; Fax: 780-462-4013 Email: privacy@newman.edu

Approved by the Board of Governors 2019-03-27

Acceptable Use of Information Technology Policy

In support of the mission of Newman Theological College, the college makes available computing, Internet, and other communication resources that may be used by students, faculty, staff, and other authorized users. The use of these resources is a nontransferable, revocable privilege, arising from employment, study, or association with the college. Students are required to sign an Information Technology Student User Agreement.

Accommodation of Students with Disabilities Policy

1.  Policy

A.  Newman Theological College is committed to making reasonable accommodations for students with disabilities to succeed in their studies.

2.   Regulations

A.  Professors of Newman Theological College will ordinarily accept reasonable requests from students with disabilities and appropriate documentation for accommodations where these are possible.

B.  Accommodations for a student with disabilities shall not lower the academic or non-academic standards the students are expected to meet or exempt the student from demonstrating required competencies;

C.  The College will consider accommodations that require the purchase of technology or equipment on a case-by-case basis. Every attempt will be made to provide needed assistance so long as this does not place an undue hardship upon the College. The decision in such cases rests with the President of the College, whose decision is final.

2.   Procedures

A.  Students with a disability should consult with the Student Services for advice on the College’s policies and procedures and provide a copy of relevant documents for the College’s records. Such documents will only be used for the purpose(s) for which they are submitted and are subject to the College’s privacy policy;

B.  The student should request the required accommodation directly from their professor(s) and indicate that the appropriate documentation has been submitted. It is expected that in the vast majority of cases this should be sufficient to resolve the issue;

C.  In the event that the professor refuses or cannot provide the requested accommodation, the student may appeal to the Academic Dean whose decision is final. In cases, where the matter requires a financial expenditure, the matter will be decided by the President, whose decision is final.

Grade Appeal Policy

1.  Policy

A student who feels that their work has been unfairly assessed has recourse to a grade appeal process.

1.  Regulations

A.  The instructor is responsible for evaluating course work and assigning grades. Course requirements and evaluation methods shall be clearly stated in the course outlines. Changes in evaluation or grading methods during the semester must be communicated to the students in writing.

B.  A student concerned or unclear about course requirements, grading, or marking of a particular assignment is expected to seek clarification or to express his/her concern to the instructor. A student who believes that an assignment, test, or exam, in either whole or part, has not been appropriately graded must first review their concerns with their instructor within five (5) working days of the date when the graded work is returned to the class. If there is a concern about work returned during the final week of classes, or a final exam or paper, there may not be an opportunity to review the grade with the instructor or to have the work remarked prior to the assignment of a final grade for the course. In this case, a meeting with the instructor should be scheduled as soon as possible.

C.  Appeal of final grades must be initiated within thirty (30) days from the end of the semester in which the course was taken. Oral examinations will be recorded by the instructor and that record shall be retained only for the period of appeal of that examination. Grades not questioned within this period will not be reviewed at a later date.

3.  Procedures

A.  Before filing a formal grade appeal the student must discuss his/her concerns with the instructor and request a re-evaluation of the work. If the instructor is not available, the student should contact the Academic Dean to determine when the instructor will be available. Between semesters, instructors are not expected to be available and questions arising during that time must be postponed until the start of the next semester unless the instructor can be contacted and agrees to come in and address the questions.

B.  If there is a grade change, the instructor will complete a Change of Grade Form and submit the completed form to the Registrar. If there is no grade change and the student is still dissatisfied, the student should contact his/her Faculty Advisor, who will discuss the grade appeal process and documentation required. If the Faculty Advisor is the instructor who assigned the grade, the student may approach another faculty member for advice. The written request must provide the basis of the appeal, evidence in support of the appeal, and the resolution being sought. The completed Grade Appeal Form and supporting documentation are submitted to the Academic Dean. (If the Academic Dean is the instructor who assigned the grade or the student’s Faculty Advisor, then it will be submitted to the President.)

C.  The Academic Dean will give the instructor a copy of the student’s written request and ask the instructor to provide a written explanation of the grading procedures used and any other information, which may be relevant. The Academic Dean will then provide a copy of the instructor’s written statement to the student. During this process, the instructor may choose to change the grade or the student may choose to stop the process. If neither of these happens, then the Academic Dean will appoint another faculty member (second reader) to re-evaluate the work and the grade may be higher, lower, or remain the same.

D.  The second reader will submit a recommendation to the Academic Dean that the grade be changed or that the original assigned grade remains unchanged. The Academic Dean will complete Section B of the Appeal of Grade Form and forward it to the Registrar. The decision of the Academic Dean is final.

E.  The Registrar will provide a copy of the completed form to the student and course instructor. All documentation pertaining to the appeal will be kept confidential and retained in the student’s file in the Registrar’s Office.

Academic Misconduct Policy

1. Policy

Newman Theological College considers plagiarism or academic dishonesty to be a serious offence diminishing scholarship and defrauding those who eventually may depend on our knowledge and integrity. The College promotes community, scholarship, and learning. Learning involves interaction with teachers and students as well as personal reflection and critical inquiry. In all cases it demands integrity.

2. Regulations

A.   Violations of academic integrity include, but are not limited to:

i.   Cheating on tests, examinations, quizzes.

ii.   Appropriating the original work of another with the intent of falsely misrepresenting work as one’s own; includes using the exact words of another without identification of the material as a direct quotation or without citing the exact source; paraphrasing the work of another person without citing the exact source (correct paraphrase requires complete transformation of the passage, not a simple change of a few phrases or words).

iii.   Collaboration without the instructor’s consent on individual assignments intended to be performed outside the classroom.

iv.   Submitting work for one course which has already been submitted for another course without the explicit permission of the instructors involved.

v.   Selling or purchasing papers or other assignments for submission to meet course requirements. This includes submitting downloaded papers or parts thereof from the Internet.

3. Procedures

A.   An instructor who believes that academic dishonesty may have taken place will discuss this with the student in a timely manner and take one of the following actions:

i.   Issue a warning and require the student to redo the work or do a supplementary assignment.

ii.   Assign a lower grade for the work.

iii.   Assign a failing mark for the work.

B.   Depending on the nature of the offence the instructor may refer the student to the Registrar for information on academic writing, or other resources to assist the student in developing the competence necessary for successful study.

C.   A student who feels the instructor’s decision to be unfair may appeal to the Academic Dean. In the case where the Academic Dean is the instructor, the student may appeal to the President.

D.   The instructor will inform the Academic Dean and the Registrar in writing of every incident of academic misconduct and the penalty imposed.

E.   The Registrar will keep a record so that each case can be assessed within the wider context of the student’s academic progress.

F.   In the case of subsequent offences, the Academic Dean will then meet with the student to review the facts and decide on one of the following actions:

i.   Issue a formal reprimand to the student warning that any further incidents will result in immediate expulsion.

ii.   Immediately expel the student from the College for academic misconduct.

Non-Academic Misconduct Policy

1.  Policy

Newman Theological College encourages appropriate student conduct by identifying and regulating student non-academic misconduct. Non-academic misconduct is that which infringes on the essential values of the NTC academic community: mutual respect, dignity, and civility.

2.  Regulations

A.  Non-Academic Misconduct includes but is not limited to:

i.   A demonstrated lack of respect for the values and tenets of Newman Theological College as a Catholic and ecumenical institution.

ii.   Overt repudiation of the College’s mission statement.

iii.   Flagrant disregard for Christian moral standards.

iv.   Disruptive behaviours detrimental to the safety and welfare of staff and other students.

v.   Damaging, defacing or destroying College property including intellectual property or the property of any member of the NTC community.

vi.   Stealing from the College or a member of the College community.

vii.   Unauthorized removal or unauthorized possession of NTC property.

viii.   Unauthorized entry into the College.

ix.   Possession or use of a weapon or firearm on the campus.

x.   Initiating unfounded or vexatious charges against another student, staff or faculty member.

xi.   Disrupting a class in such a way that it interferes with the normal process of the session or the learning of other students.

xii.   Disrupting a College event.

xiii.   Unauthorized abuse or use of alcohol on campus.

xiv.   Unprofessional conduct in a field education placement.

xv.   Misuse of Information Technology (See Acceptable Use of Information Technology Policy).

xvi.   Harassment or Sexual Harassment/Stalking (See Harassment and Discrimination Policy).

xvii.   Criminal activity on or off-campus.

3.  Procedures

A.  Reporting of Non-Academic Misconduct
Students, staff, or faculty members are to report incidences of non-academic misconduct in writing to the Academic Dean or designate. The Academic Dean or designate will assess the validity of the accusation. If the Academic Dean or designate feels that there is a basis to the accusation, the student named shall be provided with a copy of the written report and told of any further details concerning the allegation and shall be required to appear before the Academic Dean or designate to respond to the allegation. (The Dean of Students or the student’s Faculty Advisor may also be present at the meeting).

B.  If, after listening to the named student, the Academic Dean or designate is satisfied that no violation of this policy has taken place, he/she shall inform the student and the members of the NTC community who reported the incident that no misconduct took place.

C.  Process for Minor Non-Academic Offences
If, after listening to the student, the Academic Dean or designate believes that a minor non-academic offence took place, he/she may do the following:

i.   Give the student a warning.

ii.   Put the student on probation (on conditions as proposed by the Academic Dean or designate). Failure to adhere to the conditions of probation may result in the situation being referred to the Non-Academic Misconduct Hearing Committee (hereafter referred to as the Hearing Committee).

D.   Process for Serious Non-Academic Offences Not Affecting Safety or Wellbeing of Others
If, after listening to the student the Academic Dean or his/her designate believes that a serious non-academic offence has taken place that does not affect the safety or well-being of students, staff, or faculty, he/she can do the following:

i.   Place the student on temporary probation (conditions as proposed by the Academic Dean or designate) until the accusation is reviewed by the Hearing Committee who will determine the disciplinary action required. Failure to adhere to the conditions of probation may result in temporary suspension from classes.

E.   Process for Serious Non-Academic Offences That May Affect the Safety or Wellbeing of Others (Temporary Suspension)
If, after listening to the student, the Academic Dean or designate believes that a serious non-academic offence may have taken place that could affect the well-being or safety of the students, staff, or faculty, he/she can do the following:

i.   Call the police if criminal activity is suspected.

ii.   Temporarily suspend the student from the College until the accusation is reviewed by the Hearing Committee which will consider the accusation, and if the allegation is confirmed, will determine the disciplinary action required. Such suspension shall be in effect immediately. The Academic Dean or designate shall document his/her decision and the reason for his/her decision in a Temporary Suspension Report. The decision shall be immediately conveyed in writing to the Facilities Manager, the student, the student’s professors, and the Registrar.

F.   Non-Academic Misconduct Hearing Procedure

i.   If the Academic Dean or designate believes a serious non-academic offence did take place, he/she shall prepare a formal written report setting out in full the details of the allegation and shall convene a meeting of the Hearing Committee within ten (10) working days. The purpose of the Hearing Committee is to determine if the student did commit a non-academic offence and if he/she did, the Hearing Committee will determine the disciplinary action that is warranted.

ii.   As required by the Hearing Committee any members of the College community concerned with the alleged misconduct, including the Academic Dean, may be called upon to appear to give evidence before the Hearing Committee.

iii.   The student and all members of the Hearing Committee shall be provided with a copy of the report (6A) and if applicable the Temporary Suspension Report (Procedure 5B) and a notice of the date, time, and place of meeting.

iv.   If the student disputes the material aspects of the report then, not later than five (5) working days before the date set for the hearing, he/she will so advise the Chair of the Hearing Committee in writing and will then have the right to be present and to hear all the evidence brought against him or her and to ask questions of the witnesses who are called.

v.   At the end of the evidence called by the Hearing Committee the student shall be given the opportunity to call any witnesses on his/her behalf and to give his/her own evidence, and then to make any final submission that he/she may wish to make to the committee. Any member of the Hearing Committee will have the right to ask questions of any witness called by the student, or of the student, should he/she choose to give evidence on their own behalf.

G.   Decision
After hearing all of the evidence and listening to any submissions made by the student on his/her behalf, the Hearing Committee shall then meet in camera to reach its decision as to whether a non-academic offence did take place or not. The decision must be arrived at by a majority of the Hearing Committee. If a non-academic offence did take place, the Hearing Committee shall impose a discipline based on the gravity of the offence and any mitigating circumstances (if any) related to the offence.

i.   The Hearing Committee’s decision shall be binding and it shall be reported in writing as soon as possible to the Academic Dean and to the student. The written decision of the Hearing Committee shall set out:

a.   The allegation.

b.   A summary of the relevant evidence.

c.   The position of the student.

d.   The findings of the Hearing Committee.

e.   The decision of the Hearing Committee with respect to the alleged non-academic misconduct of the student.

f.   If the Hearing Committee finds that the student was responsible for non-academic misconduct, it shall set out its decision with respect to the discipline required.

ii.   A copy of the written decision shall be sent to the student and a copy placed in the student’s file.

iii.   If the Hearing Committee finds the student has committed non-academic misconduct and includes suspension from a course(s) or expulsion from the College, the report shall be sent to the Registrar to be put in the student’s file. The student’s professors shall be notified by the Registrar in writing of the student suspension from either the course or the College.

iv.   Composition of the Non-Academic Misconduct Hearing Committee
The Hearing Committee shall be established when needed by the Academic Dean or designate. It shall have one faculty member, a second member from either the faculty or the Academic Senate and the Academic Dean who shall act as Chairperson. A non-voting secretary shall also be present at the meeting.

v.   Student Rights
The student may be assisted in the proceedings by any one of his/her choosing including legal counsel, the Dean of Students, their Faculty Advisor, a member of the student council, or such person as may be acceptable to the Chair of the Hearing Committee. The representative chosen by the student shall not be a member of the Hearing Committee. The student should have a “notification” requirement well in advance of the date of the hearing.

vi.   Time Limit for Non-Academic Misconduct Hearing
When possible a Non-Academic Misconduct Hearing shall be carried out within twenty (20) working days of the student’s meeting with the Academic Dean or designate.

vii.   Notice of Hearing
The Academic Dean or his/her designate shall give the student and other individuals concerned with the alleged non-academic misconduct seven (7) working days notice of the hearing.

H.  Discipline
The Hearing Committee may impose any one or more of the following disciplines as they determine:

i.   Minor Offences – where there has been a breach of probation.

a.   Apology.

b.   Loss of privileges or services.

c.   Restitution.

d.   Payment for damaged property.

ii.   Serious Non-Academic Offences

a.   Official Written Warning with record kept on the student’s file for one (1) semester and up to a maximum of three (3) years.

b.   Disciplinary Probation with conditions set by the Hearing Committee following consultation with Academic Dean or designate. The record will be kept in the student’s file for one (1) semester and up to a maximum of three (3) years.

c.   Suspension from the course where the non-academic offence took place. A permanent record kept in student’s file in Registrar’s office.

d.   Suspension from NTC from one (1) to three (3) years: Student suspended from the College can reapply after the time determined by the Hearing Committee. The student’s suspension will be noted in their student file until they are readmitted, or after three (3) years have elapsed, from the date of the offence.

e.   Expulsion: a student who is expelled from the College is dismissed permanently. A permanent notation is made on their transcript “expelled for non-academic misconduct”.

f.   Barring from the College property: the Facilities Manager shall be notified both verbally and in writing if the student is suspended from the College campus.

I.   Appeal Procedure

i.   A student has a right to appeal a decision as to responsibility and/or discipline reached under the process for minor non-academic offences or as a result of the decision made by the Hearing Committee for the following reasons:

a.   Significant procedural errors on the part of the Academic Dean or by the Hearing Committee.

b.   Failure of the Hearing Committee to provide written reasons that clearly set out the basis for their decision.

c.   Presentation of significant and newly discovered factors which have come to light relevant to their decision or to the discipline they imposed.

ii.   Non-Academic Misconduct Appeal Process
If a student believes that they have a valid reason (see paragraph above) to appeal a decision made against them for non-academic misconduct, they shall prepare a formal written letter to the President setting out in detail related to one or more of the points under (8.A.) above, the basis on which they are requesting an appeal. The letter requesting an appeal must be submitted to the President in writing within five (5) working days after the student receives written notice of the initial decision made by the Hearing Committee.

iii.   Non-Academic Misconduct Appeal Committee
If the President believes that the student’s request for an appeal meets one of the above criteria they shall convoke a Non-Academic Misconduct Appeal Committee (hereafter referred to as the Appeal Committee) within ten (10) working days after receiving the written appeal from the student.

a.   Composition of the Appeal Committee
The Appeal Committee shall be made up of the President, two members of the Academic Senate (not on the NTC faculty), a member of the Board of Governors (not on the NTC faculty) and a member of another post-secondary institution. The Appeal Committee shall appoint a chairperson. A non-voting secretary shall also be present at the meeting.

iv.   The student has the right to be assisted in the appeal proceedings by anyone of his/her choosing including legal counsel, the Dean of Students, the student’s Faculty Advisor, a member of the student council or such other person as may be acceptable to the Chair of the Appeal Committee. The representative chosen by the student shall not be a member of the Appeal Committee.

v.   All members of the Appeal Committee shall receive the student’s letter requesting an appeal and all the other reports, letters and documentation related to the case.

vi.   The student, his/her representative, any new witness with new evidence as may be permitted by the Appeal Committee, a representative of the original Hearing Committee, the secretary and the Appeal Committee shall receive ten (10) days’ notice of the date, time and place of the appeal.

vii.   Any fresh evidence/new witnesses proposed to be called by the student, must be directly related to the points indicated in 8Ai above, and must provide evidence that was unknown or unavailable at the time of the hearing by the Hearing Committee. If the Appeal Committee permits the calling of fresh evidence or new witnesses, the Appeal Committee, the student, or his/her representative will have the right to question any witnesses called during the meeting of the Appeal Committee.

viii.   After hearing the student’s position concerning the appeal, together with all new evidence /witnesses related to the appeal, the Appeal Committee shall meet in camera to reach its decision.

ix.   The Appeal Committee can decide to revoke, change, or uphold the decision of the Hearing Committee. They can also take into consideration any extenuating circumstances or mitigating factors with regard to the discipline invoked and make any changes they deem necessary.

x.   The final decision must be arrived at by a majority of the Appeal Committee.

xi.   The decision of the Appeal Committee is final and binding.

xii.   The Appeal Committee’s decision shall be reported in writing as soon as possible to the Academic Dean and to the student within five (5) working days.

xiii.   A copy of the decision shall be kept in the student’s file in keeping with the time frame of the original decision.

xiv.   The Appeal Committee can change the decision to place a permanent record of the results of the appeal in the student’s file.

Harassment & Discrimination Policy

1.  Policy

Newman Theological College promotes a workplace free of harassment or discrimination within the college community. When applicable, individuals who engage in harassing behaviour will be subject to disciplinary action.

Newman Theological College recognizes the serious nature of unfounded allegations of harassment or discrimination and may take disciplinary action in those cases in which complaints are shown to be fraudulent or vexatious.

2.  Regulations

A.  This policy applies to all members of the college community or persons over which the college has jurisdiction including students, staff, faculty, and employees of the college. When there is any conflict between this policy and the Human Resources Policies, Procedures, and Practices of the Archdiocese of Edmonton or there is any question to whether this policy or the policy of the Archdiocese of Edmonton shall apply this policy shall take precedence and apply.

B.  Role and Responsibility of Administrative Officers
Administrative Officers bear a primary responsibility for maintaining a learning and work environment free from discrimination and harassment. This responsibility includes an awareness of what constitutes harassment, knowledge of the procedures that are in place for dealing with such allegations and cooperation in the processing of complaints made under this policy. Administrative Officers have a responsibility to make those for whom they are responsible aware of the college’s Harassment Policy (ensuring that any training courses are taken). Those in supervisory positions bear a responsibility to act in a timely and effective manner to harassments. When they become aware of any violation of this policy, they must inform a Harassment Advisor or the President.

C.  Role and Responsibilities of Harassment Advisors

i.   At the beginning of each year, the President will appoint two Harassment Advisors for students and employees, one male and one female, to provide confidential advice and information to interested persons or parties. The Harassment Advisors for 2020-21 are Sandra Talarico or Sr. Zoe Bernatsky.

ii.   Each Harassment Advisor shall, prior to accepting the position, undertake to maintain strict confidentiality in respect of their services under this policy. The Harassment Advisors shall also familiarize themselves with this policy and the procedures hereunder.

iii.   Harassment Advisors shall be available to meet with any person within the college community to act as an advisor to the person in respect of the matters covered by this policy.

iv.   The Harassment Advisor is to assist individuals in making informed decisions about the most appropriate method of resolving a concern or complaint. Both impartiality and confidentiality are requisites.

v.   The Harassment Advisor shall provide individuals seeking advice with a copy of this policy, explain the procedures, and make them aware of other available appropriate support services (e.g. counseling, Sexual Assault Center, etc.).

vi.   In order to determine whether the complaint can be handled under this policy, the Harassment Advisor shall determine whether the complaint:

a.   falls within the jurisdiction of this policy;

b.   appears to be supported by sufficient evidence for a determination to be made;

c.   meets the criteria for an informal resolution.

D.  Definition of Harassment
Harassment includes the following:

i.   General Harassment
One or a series of objectionable and unwelcome comments or actions directed towards a specific person or group of persons that has the effect of creating a poisoned environment. It can include:

a.   unwelcome behaviour (i.e., verbal or physical conduct) that is demeaning or causes offence;

b.   conduct that creates an intimidating, hostile, or offensive environment or interferes with study or work performance;

c.   demeaning or offensive remarks, threats, or verbal abuse;

d.   patronizing comments which have the effect of undermining authority or respect in the college;

e.   retaliation against a person making a complaint or against witnesses to a complaint; abusive or unwelcome conduct which violates the Alberta Human Rights Act, RSA 2000, c A-25.5.

Note: Teaching, advocating, or defending in a respectful manner the teachings of the Roman Catholic faith shall not be construed as harassment.

ii.   Sexual Harassment
Unwelcome conduct of a sexual nature that detrimentally affects the work or study environment or leads to adverse consequences for victims of the harassment and can include:

a.   a series of objectionable and unwelcome sexual solicitations or advances;

b.   a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance;

c.   a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

E.  Examples of Harassment
Examples of harassment include to varying degrees the following:

i.   Verbal or physical abuse; threats; derogatory remarks; jokes, innuendo or taunts about appearance, religious beliefs, colour, place of origin, mental or physical disabilities, ancestry, marital status, family status, source of income or gender. The college will not tolerate the display of pornographic, racist or offensive signs or images; practical jokes that result in awkwardness or embarrassment.

2.  Procedures

A.  Representation
A Complainant or Respondent shall be entitled at all times to be represented by an appropriate member of college faculty or such other person as they may nominate. This policy shall not in any way restrict the right of any person to seek and be represented by legal counsel at any time concerning these matters.

B.  Reporting

i.   The person making a harassment complaint shall be referred to as the Complainant. The person accused of having committed an act of harassment shall be referred to as the Respondent. The Respondent has recourse to legal counsel at any point during the process.

ii.   A harassment complaint cannot be accepted anonymously.

iii.   A harassment complaint must be brought in a timely fashion.

iv.   If at any time, on reasonable grounds, any person within the college community suspects or learns of criminal conduct or behaviour concerning the matters in this policy, that person shall report the matter immediately to the police.

Note: Impartiality will be applied to both the Complainant and the Respondent other than in the case where immediate action is called for requiring Emergency Temporary Suspension.

C.  Emergency Temporary Suspension
In exceptional circumstances, the President or delegate may issue an immediate, temporary suspension prior to the completion of the Informal or Formal Process. This action will be taken when it is reasonable to conclude that serious harassment or discrimination has occurred and that a student’s or employee’s presence on campus presents an unreasonable risk to the safety of others. Students or employees receiving the suspension must leave the campus immediately. The Formal Hearing Process will proceed, and the Emergency Temporary Suspension will be replaced by the decision rendered at the end of the process.

D.  Informal Complaint Procedure

i.   Rationale for Using the Informal Resolution Process
It is assumed that most complaints of harassment and discrimination can be resolved informally through the use of conflict resolution strategies and supportive interventions. Every effort will be made to stop the offending behaviour and to resolve complaints as quickly as possible. Either of the participants or the Harassment Advisor may withdraw at any time during the informal process if one determines no useful purpose will be achieved by beginning or continuing to attempt an informal resolution.

ii.   Informal Resolution Process
Students or employees may initially bring a complaint to such college representatives as the Academic Dean, the Dean of Students, their Faculty Advisor, a faculty member, or their supervisor. This college representative has a responsibility to maintain confidentiality and to encourage the individual to seek advice from the Harassment Advisor. The college representative may also seek advice from the Harassment Advisor as to further action without identifying the individual in question. The Harassment Advisor (or other college representative receiving the complaint) shall not reveal the identity of the Complainant without their knowledge, unless not acting would pose a threat.

iii.   Role of the Harassment Advisor includes but is not limited to:

a.   confidential “conflict coaching” to the individual raising the concern or the complaint;

b.   use of non-accusatory mechanisms such as: raising the awareness of a supervisor, staff, or faculty member of harassment issues generally;

c.   encouraging an apology from one or more of the individuals involved in the dispute; and suggesting counselling to one or more parties.

iv.   Possible Outcomes of the Informal Resolution Process
If there is a successful outcome the parties may sign an Agreement of Resolution, which sets out a course of action agreed upon by the parties to eliminate harassment/discrimination. This Agreement of Resolution will be retained only in the confidential records of the President’s Office for five (5) years. This agreement will be referred to in the event of future problems between the parties resulting in the initiation of a formal complaint process. If the informal resolution process is unsuccessful and a formal procedure is initiated, the Harassment Advisor who facilitated the conflict resolution process will not reveal the details of the intervention(s) without the permission of the participants who were involved. An informal agreement is voluntary and the Harassment Advisor has no authority to impose conditions or sanctions on either party.

v.   Agreement of Resolution Violation
Upon an Agreement of Resolution being reached, college faculty or staff involved in the informal process will support both parties in repairing the damage and broken trust. However, violation of the Agreement of Resolution may lead to reopening the file. The Complainant may choose whether or not to proceed directly to the formal complaint process.

E.  Formal Complaint Procedure

i.   The following behaviours will normally lead directly to a formal complaint.

a.   events that might include a criminal code violation;

b.   situations where the college considers a response is warranted to ensure the health, safety and security of individuals whether it occurs on or off campus; or

c.   repeated instances of harassment and/or discrimination where previous interventions have not been successful in persuading the Respondent to refrain from offending behaviours.

ii.   Persons within the college community who feel that they are being harassed, or who are observing harassment, may file a complaint pursuant to this policy with the President. (“Complainant”)

iii.   A complaint filed pursuant to this policy must be in writing, must identify the person or persons whose conduct is complained of (“Respondent”), and must describe with reasonable particularity the conduct forming the basis of the complaint. The complaint must be signed by the Complainant.

iv.   A complaint shall be received by the President, except where the complaint is concerning the President, in which case it shall be received by the Harassment Officer. In that case, the Harassment Officer will notify the Chair who shall designate a member of the Board of Governors to receive and address the Complainant.

v.   Upon receiving a complaint, the President must provide to the Respondent(s) a copy of the complaint, or such portions of the complaint as may be relevant to the alleged harassment. Each Respondent shall have a period of fourteen (14) business days within which to respond to the complaint. The response shall be in writing and shall be delivered to the President.

vi.   The President must maintain a file of the complaint, the response, and any other written materials concerning the complaint created under this policy including any Agreement of Resolution (4E).

F.  Confidentiality
Any complaints received pursuant to this policy will be treated with the highest standard of confidentiality. The following precautions will help ensure confidentiality:

i.   All communications pursuant to the complaint must be reserved to the Complainant, the Respondent and the Harassment Advisor (or the college representative who received the complaint).

ii.   Any documents generated from an inquiry will not become part of the Complainant’s personnel or student file.

iii.   All reports and correspondence between the Complainant and the Respondent, conveyed through the Harassment Advisor, will be kept in a confidential file under the name of the Complainant.

iv.   When one party requests to see the file the other party will be informed of the request (subject to the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25).

v.   No copying of files except as determined necessary by the responsible party.

vi.   Upon the conclusion of the complaint procedure the confidential file will be kept by the President’s Office for management and conservation. Only one permanent file may be kept.

G.  Response to the Formal Complaint
(The process undertaken by the President to investigate and verify the validity of the complaint.)

i.   After receipt of the response, or after the lapse of time for delivery of a response to a complaint, the President shall review the complaint and the response(s), and may do one of the following:

a.   dismiss the complaint immediately in which case the President’s decision is final;

b.   request that the parties enter into arbitration;

c.   direct or undertake further investigations; or

d.   direct a hearing of the matter under article I.

ii.   The Complainant and the Respondent shall be notified in writing of the decision of the President under article G.i.

iii.   The President may delegate further investigations to any appropriate person provided that the person gives a strict undertaking of confidentiality in respect of the matters investigated. Any such person must report their investigative findings in writing to the President.

iv.   Upon the conclusion of all investigations, the President shall prepare an Investigation Report summarizing the complaint, the response, the results of any investigations and the President’s assessment as to whether harassment has taken place contrary to this policy.

v.   After completion of the Investigation Report, the President may dismiss the complaint, or may refer the matter to a formal hearing under article I.

H.  Arbitration
(The process by which the parties in a conflict ask for and accept the help of a third party to assist in the resolution of a problem.)

i.   This article shall apply where either party requests arbitration, or where the President recommends arbitration pursuant to article G.i.b.

ii.   The President, in consultation with the parties, shall choose an appropriate Mediator, satisfactory to all parties. The Mediator may be chosen from either within or without the college community.

iii.   Mediation is a voluntary process, and may be terminated by either the Complainant or the Respondent at will.

iv.   Mediation shall be conducted according to a process to be agreed on by the parties and the mediator. It shall be conducted with a view to reaching a mutually acceptable resolution of the complaint.

v.   Mediation shall be conducted strictly in confidence and strictly without prejudice to the parties’ rights under the law, or under this procedure.

vi.   At the conclusion of mediation, the Mediator shall provide a brief written report to the President advising whether the mediation was successful or not. The Mediator must not disclose any matters discussed in the mediation except with the consent of the parties.

vii.   Where the parties have agreed on resolution of the complaint pursuant to the mediation, the President shall dispose of the complaint as agreed by the parties provided the resolution is in accordance with the governance, policies, and procedures of the college. Where mediation has not resulted in an agreed resolution of the complaint, the matter shall be returned to the President, who may deal with it further under article F.

I.  Formal Hearing
(The process undertaken by the Hearing Committee if arbitration has failed.)

i.   Where the President has directed a formal hearing of a complaint, he/she shall nominate a Harassment Committee to be comprised of three members consisting of one member of The Board of Governors, one member of the Academic Senate, and one member of the Faculty. The Harassment Committee shall conduct a hearing into the complaint, and shall be autonomous in its conducting of affairs, subject to the requirements of this policy. The Harassment Committee may retain legal counsel.

ii.   The President shall give notice of the hearing to the Respondent of not less than (30) thirty days, or such lesser time as may be agreed. The notice shall provide reasonable particulars of the conduct forming the subject of the hearing.

iii.   The hearing shall be conducted in the following order:

a.   opening statement of the President;

b.   statement of the Complainant;

c.   tendering of the Investigation Report;

d.   any further witnesses or evidence;

e.   statement and evidence of the Respondent, including any witnesses the Respondent wishes to call.

iv.   The Harassment Committee shall consider all of the evidence and submissions and shall determine the matter. The decision will be in writing and shall provide reasons for its determination.

v.   Where the Harassment Committee determines that harassment has taken place, it shall impose an appropriate sanction, which may be, but is not limited to, any one or more of the following:

a.   a formal reprimand;

b.   in the case of a student Respondent, suspension or expulsion; and

c.   in the case of an employee Respondent, suspension with pay or without pay, or termination.

vi.   The decision of the Harassment Committee shall be final and communicated in writing to the Complainant and the Respondent. If the committee has determined that harassment has taken place, this decision shall be kept in the Respondent’s file.

vii.   Upon conclusion of a harassment complaint in any fashion, whether by dismissal, mediation, or formal hearing, all file materials shall be sealed and maintained in the President’s Office for a period of five (5) years, after which time the materials shall be destroyed.

viii.   All documents and verbal communications concerning the complaint will be treated with strict confidentiality, being made known only to those directly involved in the process. An investigator under this policy may divulge with discretion such information as is necessary to carry out an effective investigation. Except when required by law, no one may divulge to a third party any information that they possess about another party because of attendance at a hearing or interview.

ix.   The complaint may be withdrawn at any point during the hearing process.

LEAVE OF ABSENCE (LOA) POLICY

Purpose and Scope

Leaves of absence are leaves from one's academic studies at NTC. This policy applies to all students (undergraduate and graduate) registered in a credential program (degree, diploma, and undergraduate certificate) at NTC. A leave of absence may be granted when a student is unable to work on their program as a result of serious constraints such as a student is seriously ill, there is illness, death, or extraordinary trauma within the student’s family, maternity/paternity leave, or military service.  Work, holiday, or travel during a term is not a sufficient justification for a leave of absence. Should NTC be unable to provide courses for any given term then an administrative leave of absence (ALOA) will be granted by the Office of the Registrar. For programs with time limits, the period of time spent on a leave of absence is not included in the time limit for completion of the credential.

Students not on leave who fail to register by relevant deadlines for a regular academic term lose their student status and must reapply for admission. Readmission is not guaranteed.

Application and Approval

A student in good academic standing may apply to take up to two consecutive semesters (fall and winter) of leave of absence before being automatically withdrawn from their program. The maximum length of time for a leave of absence is one calendar year. Students must request permission for each semester they wish to be absent by completing and returning an Application for Leave of Absence form together with any supporting documentation to the Office of the Registrar by no later than the final add/drop deadline of any semester. Those who do not return by the next regular semester (fall or winter) after the one year will need to reapply. Students on academic leave are also responsible for ensuring that they continue to meet the requirements of their program at NTC. There may be financial implications as a result of taking academic leave; students are advised to consult with the Dean of Students and the Office of the Registrar in advance. Students who are unsure about the appropriate start and end dates for a proposed leave of absence and how these dates align with the NTC Academic Schedule, should initially consult with the Office of the Registrar. Recipients of student loan funding should clarify the consequences that such a leave will have on their repayment status. International students should consult the immigration authorities regarding their immigration status during the proposed leave. Approval for leave of absence requests will be at the discretion of the Academic Dean and decisions are not subject to appeal.

Restrictions whilst on LOA

• Students on academic leave are required to request permission for any courses taken elsewhere during that leave prior to taking those courses. Letters of Permission will only be issued by the Office of the Registrar if this is deemed compatible with the reasons why the student was granted the leave of absence.

• Students on academic leave are restricted from taking courses elsewhere that are being offering at NTC during the period of the leave.

• Leave is not granted retroactively beyond the beginning of the current term nor to students that have withdrawn or are deemed to be withdrawn from their program.

• Students cannot request a leave from the first term of their program. They may, instead, request a deferred admission or withdraw and seek readmission at a later date.
• International students with valid study permits must meet certain conditions to maintain their legal status in Canada, including "actively pursuing your studies." There are a few cases where a student may be able to take a leave of up to a maximum of 150 days from their program of studies and still be considered to be actively pursuing their studies. The length of the leave of absence may affect their status as a student and their eligibility for the Post Graduation Work Permit (PGWP) after completing their program. In accordance with Canada's immigration policy and student permi regulations, international students are not permitted to pursue paid employment in Canada while on an approved leave from their program. Students should thus not apply for more than one term of leave of absence.