VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE 2019 Annual Report
Compiled & Written By Tanny Marks
Photo by Tingey Injury Law Firm on Unsplash 1 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
A NOTE FROM THE OFFICE IN 2019
Vancouver Community College’s (VCC; College) Arbiter of Student Issues Office (ASI; Office) continued to provide ombuds services in 2019. As a neutral and impartial College actor, the ASI continued to support students and the College around student centred complaints but without advocating for any one party over the other. The Office also continued to advocate for systemic change in matters of fairness and equity and for procedural fairness in College action and decisions made about student matters.
Opened in March 2011 the Office has enjoyed ever-increasing engagement and profile within the VCC community throughout the years, (in particular the last 2 and a half years), 2019 again seeing this trend. The support of VCC’s Associate Vice President (AVP), Student Success cannot be understated as playing a major role in the ASI’s ability to reach increasing levels and corners of the organization. The willingness of VCC Leadership to lean into the ombuds concept has provided the Office with resources and buttressing needed to meaningfully address student concerns. Additionally, the collaboration among colleagues in the field both local, national and in the United States continues to provide the ASI the necessary ‘team’ required to ensure the Office is taking an introspective approach to improving its practice, gaining knowledge and strengthening the post-secondary ombuds role in general. Improving Procedural Fairness and Natural Justice within VCC remains at the core of all ASI briefings, consults and endeavors. It is with appreciation that the ASI continues this work, within a community open to these precepts.
THE ASI ACKNOWLEDGES
The Office recognizes that it works and serves on the unceded and traditional territories of the Coast Salish peoples–Sḵwxwú7mesẖ (Squamish), Stó:lō and Səlílw� ətaʔ/Selilwitulh (Tsleil-Waututh) and xʷməθkʷəy̓əm (Musqueam) Nations. While the ASI has a significant distance yet to travel, the Office in 2019 continued its quest to decolonize and Indigenize its practice by being inquisitive and reflecting. 2 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
THE NUTS & BOLT In 2019 the College’s ‘Student Development’ Division (i.e., student services), within which the ASI is housed, was re-titled as
the ‘Student Success’ division. The ASI continues to be well situated in this portfolio allowing for close collaboration with other vital student services that often
In 2019 the Associate Vice President, Student Success support in tandem the multifaceted issues that students position replaced the Dean of Student Development position to which the ASI had previously reported. The ASI is a bring to the Office. This College Administrator without a stake in any union group. multiplicity of support enhances the ability to arrive at informal resolutions in solving student concerns. FUNDING
The Office continued to be funded exclusively by the College in 2019. The ASI is both grateful for this financial backing and impressed by VCC Leadership’s continued investment in College fairness.
Photo by Fernando Santander on Unsplash
3 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
ASI SPACE NEEDS
As VCC looks into the reimagining of space and the campuses of the future, the ASI, along with other student services, was asked to outline current and potential needs for Office space, equipment and materials to best serve students.
While the ASI continues to operate primarily out of the VCC Broadway Campus, in 2019 the ASI fully moved into the VCC Downtown Campus office space set-aside for it by VCC Interpreting Services in 2018. This space is shared with the Office of Student Conduct & Judicial Affairs. The ASI ensures student privacy and confidentiality by deploying an ‘ethical wall’. This space has prima facie provided substantially better access to the ASI for Downtown students as compared to previous years (see statistics below).
ANNACIS ISLAND CAMPUS
The ASI alongside other Student Success Departments and the AVP, Student Success continued to meet in 2019 to build out appropriate student servicing at our Annacis Island Campus (AIC).
As in 2018, the ASI continued to be available to AIC students via a weekly virtual ‘drop-in’ Skype for Business session remotely from the Broadway Campus. Unfortunately, the Office saw only one AIC student lean into ASI services in 2019. As such, the regularly scheduled virtual sessions were ended in and around July 2019, but the Office remained available for Skype for Business meetings as needed. Skype for Business was subsequently discontinued in the latter part of 2019 at VCC and therefore rendered unavailable to students. Other technology will need to be investigated to replace this gap.
As the chosen student services representative in 2018, the ASI, alongside VCC International Education met with AIC staff and faculty once in 2019 to present on varied student services.
Finally, in 2019 the Office of Student Conduct & Judicial Affairs (OSCJA) took over from the ASI the delivery of in-person presentations on student services to new cohorts of students at AIC. As the OSCJA occupies set weekly office hours at AIC, the shifting of such presentations to the OSCJA was more sustainable, with the OSCJA better situated to deliver the presentations.
4 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
SERVICES MARKETING & COMMUNICATIONS ACTIVITY
As the Office is neutral and impartial, students seeking The ASI works collaboratively with VCC advocacy and strategic support to ‘win’ their case must work Marketing to generate and maintain with the VCC Students’ Union or other advocate if the all promotional/informational Student’s Union cannot provide such support. materials/collateral.
NOTEWORTHY Photo by Peter Lawrence on Unsplash
Multi-Student Services Information Sheet
2018’s collaboration among the ASI, Counselling, Office of Student Conduct & Judicial Affairs and Disability Services on a multi-student services information sheet was concluded in 2019. The stakeholders developed collateral for all College personnel to assist with targeted student referrals to specific student services. The handout also helps personnel facing a student issue decipher more readily which student service is best suited to assist the employee.
The handout nuances the differences among Counselling, Disability Services, Student Conduct & Judicial Affairs, Safety, Security & Risk Management and the ASI Office, and includes individual department information and contextual examples.
The group was invited to present the collateral at the October 2019 VCC Leader’s Forum where the four departments provided Deans, Department Heads and Directors information on the hand-out, scenarios, a Q&A session and the collateral itself. The information sheet will be placed on the ASI’s internal website page. (See Appendix i)
The ASI would like to thank Counsellor Cindy Sestak for spearheading this work.
5 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
ASL Interpretation of ASI Materials While the work is worthwhile in and of itself, the work has also yielded unintended benefits. As future changes to the 2019 saw the videos will be complex and expensive to manage, the ASI took continued work a dedicated approach to reviewing and renewing the of developing ASI materials, focussing on what information is truly needed. This, marketing in turn, has improved the resources for all users beyond those materials into using ASL. American Sign
Language (ASL). Multi-Student Services Collateral With the Reinforcing the fact that the guidance of VCC Interpreting Services, the ASI was able to Office is part of overall student identify internal assets and expertise to support the work. services at VCC, the ASI was Materials were prepped and conceptualized to support video incorporated into a new ‘one- recording of faculty interpreting the collateral into ASL. All sheet’ handout on student videos will eventually be posted to the ASI webpage on the services alongside other services internal VCC website. entitled “Services and Resources Working collaboratively with VCC’s Centre for Teaching, for VCC Students” (see Appendix Learning & Research, faculty from VCC’s Deaf and Hard of ii). The rebranding of the ASI in Hearing Program and VCC Interpreting Services the Office 2018 as a ‘dispute resolution’ began video production on the ASI student complaint office vs. one of ‘conflict worksheet. The ASI student pamphlet of services, the Office’s management’ is taking shape as student guide to filing complaints/appeals and guidelines for evidenced in this collateral. alternative dispute resolution meetings will follow. As the work is reliant on several institutional actors, it is likely to span Information Desk Services 20/21 before completion. The ASI was asked to update its information in the Student Service Centre operation’s manual—a department that often 6 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
comes into first contact with ASI students, and thus key to Services; Indigenous Initiatives; Marketing & Communications; forming solid pathways for students to the Office. the School of Hospitality, Food Studies and Applied Business; Facilities; Student Welcome Days Continuing Studies; the Registrar’s Office; Policy Committee Chair Due to capacity issues, the ASI was not able to participate in positions, Education Council Assistant the Winter Student Welcome Days in 2019, but was able to positions and Curriculum and Policy take part in the Fall Student Welcome Days held at both the Coordinator positions; and the Elders- Broadway and Downtown campuses. This year, the ASI in- residence program. collaborated with the Office of Student Conduct & Judicial Affairs to produce a life-sized crossword puzzle full of Office The ASI was also pleased to information and VCC policy, rights and obligation clues and congratulate the following VCC answers. Both students and employees joined-in to solve the personnel and departments on 2019 puzzle. achievements: Indigenous Education Photo by Katie Moum on Unsplash & Community Engagement (“Na [FUN NOTE: The ASI recycled a Jeopardy game used in xwe̱ xwi̱ y̓úsentm – Sharing our Stories” previous Student Welcome Days and the 2019 crossword Book Club); Vice President, Enterprise (B.C. Council for puzzle in its presentation of the Office and ASI services during International Education International Education Distinguished this year’s annual Student Success Leadership Team retreat.] Leadership Award); President (Award of Appreciation from the Government of BC); Facilities (classroom renewal project); ASI Welcomes and Congratulates the VCC Community Culinary Arts (Yes Shef! event); Library and Learning Centre (2018/19 Annual Report); Vice President, Academic, Students The ASI was very happy to welcome newly appointed & Research (Academic Masterplan process); Help-Desk (new personnel to various VCC positions in 2019 and to outline how Client Service Portal); Human Resources/Finance/Information the Office can support their work. The ASI reached out to Technology (New Employee Dashboard); Department Head, personnel in: International Education; Assessment Services; Jewellery Art & Design (group exhibition titled “Something the Certified Dental Assisting/Dental Reception Coordinator More Than Nothing”); and the VCC Library (Open Educational program; the Digital Media Design program; Disability Resources (OER) “Open Champion”).
7 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
8 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
STUDENTS BY SCHOOLS & CENTRES & PROGRAMS
Students from one Centre and all Five VCC Schools accessed the Office in 2019:
Centre for Continuing Studies
School of Health Sciences
School of Instructor Education
School of Trades, Technology & Design
School of Arts & Sciences
School of Hospitality, Food Studies & Applied
Business
As in 2018, the majority of student cases came from the Schools of ‘Health Sciences’ and ‘Arts and Sciences’.
9 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
Cases By Schools & Centres
Trades, Technology & Design Instructor Education 5% 1%
Arts & Science Hospitality, Food Studies & 30% Applied Business 21%
Continuing Studies 11%
Health Sciences 32%
Arts & Science Continuing Studies Health Sciences Hospitality, Food Studies & Applied Business Instructor Education Trades, Technology & Design 10 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
11 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
POLICY WORK HIGHLIGHTS IN 2019
As in previous years, the ASI’s main contribution to policy in 2019 came in the form of consultations on matters of substantive, procedural and relational fairness in College policy, protocol and rule making. The ASI provided comment and recommendations on existing, new and evolving department house rules or protocols and College policy & procedures woven through VCC governance, and supported all stakeholders in the interpretation of College policy. The ASI continued to sit on committees in a ‘voice no vote’ capacity. Access to this type of policy and protocol engagement assists the Office to impact fair decision making. It is always important to note that the ASI is invited into these spaces and does not command it. These opportunities form the basis of the Office’s prevention work, helping to curtail student disputes before they arise.
The ASI was again happy to attend the Education Council Planning Day lunch and Policy Committee session in 2019.
POLICY COMMITTEES: ASI ‘VOICE NO VOTE’
Education Council:
Policy Committee Appeals Oversight Committee & Educational Equity Policy Working Group
Operations Council: Aministrative Policy Committee 12 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
BC OMBUDS OFFICE SUPPORTS Applied Business Department ‘survey’ sub-group to help draft a VCC Leaders' Meeting wide student survey on disability and its The ASI circulated training and resources impact on student field trips. To fully • Requirements for Student on Procedural Fairness offered through participate in these activities, the ASI the BC Office of the Ombudsperson to VCC Attendance and Participation to School of Arts & Science completed the Government of Canada’s Leadership and the Appeals Oversight Department Heads online Tri-Council Policy Statement: Ethical Committee to Education Council. Conduct for Research Involving Humans (TCPS 2) Course on Research Ethics and
then helped inform the research POLICY LIAISON TO STUDENT SUCCESS application to the VCC Research Ethics PORTFOLIO Board. Among other things, the ASI (alongside VCC Disability Services The ASI continued to surface and highlight personnel) contributed to a definition of relevant policies available for feedback or ‘disability’ and provided information for a Photo by Andie Kolbeck on Unsplash newly minted to Student Success division review of legislation and case law on Duty leadership in order to support student to Accommodate for the enquiry. interaction with Student Success DUTY TO ACCOMMODATE & departments. ACCESSIBILITY Guidelines For Determining Reasonable
Accommodations In Clinical Settings
Accessible Field Trips: As a subset enquiry Within Health Sciences Programs At SPECIFIC POLICY PRESENTATIONS TO to the Off-Campus Activity Involving COLLEGE DIVISIONS Vancouver Community College: In 2019 Students Policy discussion in 2019, the ASI the ASI was asked by VCC Disability • Appeal of Final Grade Policy to was invited to join a research project Services to provide comment and Continuing Studies Program working group on the state of field trips recommendations on duty to Coordinators for students with disabilities at VCC. The accommodate guidelines for clinical Office was first consulted on the working placements being drafted for use by the • Privacy & Confidentiality Owed group and lead investigator’s President's When Discussing Students Using Health Sciences programs at VCC. This is Research Council application. The ASI was Email as the Medium to School of part and parcel to ongoing efforts and Hospitality, Food Studies & subsequently asked to sit on the working research by Disability Services to bring group and to further participate in a clinical components of a student’s 13 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
education in line with duty to Termination of an exam upon bathroom While there is no formal policy covering accommodate obligations. The Office and use is one example of a protocol being exam settings and thus ‘bathroom breaks’ Disability Services continue to collaborate used that can cause the student at VCC, the ASI was able to canvas other around this duty and its discharge within unwarranted distress, and further, Post-Secondary Institution (PSI) protocols the VCC community. undermine the Instructor’s ability to truly around the issue, with particular assess the student’s knowledge, practice references provided by the Association of Campus Master Plan: The ASI was also or skill as such may be obfuscated by the Canadian College & University invited in 2019 alongside other student student’s inability to focus if denied Ombudspersons (ACCUO) membership and services units to provide feedback and washroom breaks during testing. Students information from VCC Disability Services. insight on accessibility at the College, may, alternatively, prima facie perform In formulating its briefing to the AVP, informing the multi-year VCC Campus poorly when they turn in their test paper Student Success and the Dean of the Master Plan project underway. prematurely without opportunity to particular affected area, the ASI outlined complete because they choose to use the particular solutions in use by other PSIs facilities. including: TEST & EXAM BATHROOM BREAKS Other protocols being deployed permit The ASI fielded an issue surrounding bathroom breaks without any oversight. • “Chunking” exams, allowing for student rights to use washroom facilities This, again, belies our ability to truly gage periodic breaks; during course exam or test periods. While the student’s performance as we have not • Escorts to specific washrooms other Post Secondary Institutions taken any measures to ensure academic which have been swept for demonstrate a protocol, if not a policy, integrity in these situations. cheating during tests; around student bathroom breaks during a test, exam or quiz, VCC has no consistent • Student requirements to sign- application of this student need, with a in/out of the exam room when wide range of differing approaches by using the facilities; various departments and within departments (instructors) being deployed • Student requirements to leave around the right to use washroom behind examination materials, Photo by Matt Artz on Unsplash facilities under assessment conditions. student identification cards and all
electronic communication devices 14 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
with designated sign-out staff effects of marijuana use or being under its during the washroom break; influence rather than on the level of impairment; conflation of fitness for safe • Permitting only one student at a performance with student breaches of time to leave the exam room; conduct; and erroneously directing students medically ‘authorized’ to use • Noting time left, time returned cannabis to Disability Services for and the question the student was provision of an accommodation. working on prior to the bathroom Photo by Clay Banks on Unsplash
break, then providing these The Office reached out to the department coordinates to the instructor; Educational Equity Policy approached the of Safety, Security & Risk Management ASI among other stakeholders and VCC (lead department on cannabis use • Recording length of washroom Leadership to discuss the merits of such a mitigation at VCC) to discuss these issue breaks; and policy at VCC. The Office, after speaking but was unable to garner a meeting. with the Coordinator and reviewing the • Drafting an actual exam taking NSCC policy was very supportive of VCC policy, protocol or guide. establishing an Equity Policy. The ASI then canvassed the idea with the AVP, Student Success who will deliberate with Senior CANNABIS ON CAMPUS Leadership at VCC over the merits of such a policy. With the advent of legalization of marijuana in Canada and BC, VCC Photo by Kimzy Nanney on Unsplash The Coordinator of Library Services has produced an internal webpage and initially been tasked with striking an pamphlet on the risks and expectations Education Equity Policy Working Group to around cannabis at the College. draft initial policy and provide EDUCATIONAL EQUITY POLICY recommendations to Senior Leadership on
The Office reviewed the collateral and equity, diversity and inclusion at VCC. The In August of 2019, the Coordinator Library found a number of issues with it, namely: ASI is part of this group. This work will Services, having come across and reviewed overbroad and sweeping stated continue into 2020. expectations; too narrow a focus on the Nova Scotia Community College’s (NSCC) 15 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
• Indigenization be viewed properly Policy Committees. The ASI’s involvement in the Working within Equity, Diversity and Group is contingent upon the Working Inclusion; The ASI along with the AVP, Student Group using an equitable approach to the Success is encouraging and strongly • Issues reviewed in the policy discharge of its work by ensuring that: include equitably those that are recommending that student centred non-academic in nature; and policies encapsulate a tripartite approach • The Working Group is well to solving student issues, i.e., an informal represented by individuals from • The Working Group not overly resolution phase, a formal ‘finding of fact’ equity seeking groups; turn its attention to disability phase and a final formal disposition phase issues to the exclusion of other • solely available to review issues of There is parity between Canadian diversity issues at the College. Union of Public Employees (CUPE), ‘procedural fairness and/or substantive Faculty Association and new information previously unavailable Administrator representation at STUDENT SUCCESS POLICY WORK that would have substantively impacted the table; INCLUDING GRIEVANCE POLICY RENEWAL the original decision’.
• VCC’s budgetary constraints are Continuing the work begun in 2018, the taken into consideration in The new Student Complaints Policy draft ASI collaborated on student services formulating policy and was presented by the ASI to the policy, namely the Student Grievance recommendations including taking President’s Council (inclusive of Senior Policy, the Students with Disabilities a sustainable and measured Leadership) in November 2019 and was Policy, the Student Code of Conduct (Non- approach to recommendations well received. around an Equity, Diversity and Educational Matters) Policy and the
Inclusion Office; that funding for Student Educational Conduct Policy with such an office be viewed equitably the Office of Student Conduct & Judicial among the many varied needs and Affairs, Interpreting Services and Disability requests for capital throughout the institution; Services under the guidance of the AVP, Student Success. The ASI’s main task was • No stakeholder group be allowed to conclude a draft of the Student exemption from such a policy (i.e., Complaints Policy (formerly Student a College Union Member); Grievance Policy) for submission to Photo by Egor Myznik on Unsplash Education Council and Operations Council 16 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
The policy was presented and debated at the forms to accurately reflect the final Committee in May of 2019 and to the VP, the Education Council Policy Committee in versions of the Policy and Procedure Academic, Students & Research’s the June, July and September sessions of documents. Leadership team in June of 2019. 2019 and at the Operations Council Administrative Policy Committee in In particular, the AVP outlined the October 2019. Here the policy was AVP, STUDENT SUCCESS necessity of building policy through a PRESENTATION ON POLICY MAKING vigorously scrutinised and regarded as prism of natural justice, Indigenization, APPROACHES contentious, viewed as providing students interculturalization, accessibility and with too sweeping a power to complain equity. The AVP presented on institutional about the College environment and its standards of policy prescription rigour, employees. The policy was challenged as policy usability, institutional policy unnecessary given the perceived congruence, policy education and support, multitude of ways a student is permitted and policy enforceability and to lodge disputes at the College. The accountability. Office held firm in its recommendation to continue to have a formal stand-alone The AVP outlined the intention to make student complaint process as other more policies relevant to her portfolio informal mechanisms at the College do not consistent with a tripartite approach to provide a consistent nor firm basis upon resolution including an informal phase, a which a student may air disputes. Further, ‘trial of fact’ phase and an appeal phase a detailed student complaint policy based primarily on procedural fairness provides relevant College actors structure grounds. and guidance in how to approach student Photo by Toa Heftiba on Unsplash disputes. These insights provided stakeholder The Office was very appreciative and audiences a road map for approaching The ASI also began drafting the new supportive of the AVP, Student Success’ policy in the future and outlined the complaint/appeal request forms to research in, analysis of and orientation to framework being used by the AVP, Student accompany the new policy. Finalization of best approaches to policy development at Success-led policy working group. As these forms will necessarily need to occur VCC. The AVP presented on policy policy with this approach is infused with once the policy is approved in order for development to Education Council Policy fairness and equity as foundational 17 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
principles, the Office is highly supportive recommended adding to the Committee’s Training: Trainer’s Manual” for AOC of this way of designing, delivering and duties the management of the College’s members to use as a guide when training discharging student centred policy at VCC, tribunal-trained member roster. The AOC members of the College as panelists for seeing it as a sophisticated and ideal will track online tribunal-trained student hearings. As a ‘trainer’s’ tool, the method that bolsters institutional fairness individuals wanting to sit on Tribunal manual augments the capacity to provide throughout the College. Panels by automatically asking those who shortened or ‘spot’ Tribunal Training by complete the Online Moodle Tribunal increasing the number of trainers available Training Course (beta tested in 2018 and outside the ASI Office (see cover pages APPEALS OVERSIGHT COMMITTEE TO launched in 2019) if they wish to serve on and table of contents Appendix iii). EDUCATION COUNCIL (AOC) & TRIBUNAL a hearing panel. TRAINING To this end, in April of 2019 the ASI Finally, the Office further recommended, provided members of the AOC in-house and the AOC accepted, that Staff in “train the trainer” training to support addition to Administrators, Faculty and sustainability of Tribunal Training. With Students be qualified, supported and AOC members now trained on how to included as potential tribunal panelists in deliver the Tribunal Training material, the general, with inclusion in AOC College is in a better position to ensure membership, Tribunal Training and on the that procedural fairness concepts filter tribunal member roster. The Office throughout student hearings. advocates for Staff to be included in policy Photo by Jackie Boylhart on Unsplash as potential tribunal panelists alongside AOC TERMS OF REFERENCE: The Office Faculty, Administrators and Students. TRIBUNAL-TRAINED INDIVIDUALS: VCC recommended, and the AOC accepted, Inclusion of Staff in this way ensures a offers Tribunal Training through three adding to the Appeals Oversight diversity of perspectives and experience modes of delivery: online training, in- Committee of Education Council Terms of sitting at the table when student cases are person one-day training and in-person Reference the Committee’s responsibility being adjudicated at a hearing. abridged ad hoc ‘spot’ training of one or a to ensure that tribunal hearings are held, few individuals. discharged and understood “in accordance with procedural fairness and natural TRIBUNAL TRAINING MANUAL: In 2019 The 2018 piloted online Tribunal Training justice precepts”. The ASI also the ASI compiled an “Abridged Tribunal Course was made available for enrollment 18 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
in 2019 and did see uptake. TRIBUNAL-TRAINED providing Tribunal Chair Training and resources. Discussion will span into 2020 INDIVIDUALS* @ VCC Unlike previous years, the ASI deployed no with a goal of providing targeted ‘Chair’ ad hoc tribunal training of individuals or SINCE 2014 SINCE 2018 support for those presiding over hearings. IN- AD HOC ONLINE small groups in preparation for scheduled The ASI will likely be tapped to lead this PERSON TRAINING ‘MOODLE’ hearings in 2019. TRAINING TRAINING initiative in 2020. (Full or (Individual There was also no in-person all-day Multiple Registrants) DECISION LETTER TEMPLATE: Using and training delivered by the AOC in 2019. Days) amalgamating templates produced from However, the ASI alongside other 50+ 30+ 30+ past AOC Chairs (Debbie Sargent & Todd members of the AOC began in 2019 *Includes Administrators, Faculty, Staff & Students Rowlatt) and the ASI, the ASI in 2019 also planning for the next in-person all-day re-designed the ‘Decision Letter’ template Tribunal Training Session, the previous TRIBUNAL CHAIR TRAINING & available for use by Tribunal Hearing session having been delivered in RESOURCES: With the edification of Panels and other decision makers on September of 2017. Tribunal Training at VCC, the ASI and Chair student issues throughout the College of the AOC began deliberating over (see Appendix iv).
COMMITTEE & WORKING GROUP HIGHLIGHTS
VCC was among BC public post-secondary institutions in 2019 that GENDER BASED VIOLENCE EDUCATION received a one-time government funding of $40,000 to support & PREVENTION activities and initiatives for student wellness to be used prior to the end of March 2020. As part of this envelope, the Committee In 2019 the ASI informed the renewed terms of members were charged with researching and pulling together a list reference for the Committee and, in of Anti-Gender Based Violence opportunities matching the funding collaboration with the Co-Chair, drafted an criteria. Suggestions from the ASI included: West Coast Legal Photo by S O C I A L . C U T initial Committee Operational Plan. on Unsplash Education and Action Fund ‘Yes Means Yes’ interactive workshop 19 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
addressing how the Criminal Code defines consent and differences between legal and ethical standards of consent; an online Anti- Gender Based Violence training module for employees through Human Resources; and contracted support to add a Committee (and resource) page to VCC’s internal website. Other members’ ideas included: LGBTQ2S+ training and information sessions provided by specialists in the field; training on how to respond to sexual violence disclosures; conference attendance; an easy-to- follow at-a-glance flow chart for employees who receive disclosures or reports of gender-based violence at the College; a plain language information sheet on consent and sexual assault; a gender wellness presentation; a presentation on the importance of bystander intervention and much more. While not all recommendations from the Committee were approved for funding, a number of events have and will be primarily implemented in 2020.
STUDENT SUCCESS & RETENTION
The Office continues to dialogue with VCC around the merits of the ‘Case Management’ model for the College. While case management Pursuant to rare requests for ASI held student information made is usually deployed in support of student conduct management in over the years from individuals both internal and external to VCC, Post Secondary Institutions (PSI), the ASI supports the broadening of the ASI joined a conversation with the similarly situated VCC the model to succour the broad and complex student profiles found departments of Counselling and Disability Services about a VCC at VCC. As part of a broader discussion, the ASI was happy to office’s right and/or obligation towards student information use, provide a list of various resources and models found over the years disposition and confidentiality. As the ASI is not an independent to the Student Enrollment Management Student Success & body from VCC, the Office has needed, though seldom, to exert
Retention Committee. mandate, principles and values in refusing to produce student files. To date, the Office has not been forced to remit student files to any PRIVACY & CONFIDENTIALITY OF STUDENT INFORMATION internal or external body. The ASI does, notwithstanding, produce 20 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
files in accordance with legislated Freedom of Information and Given the institutional context of the question where individual VCC Protection of Privacy (FOIPPA) requests. offices assure privacy and confidentiality to students at varying levels, the ASI will want to review the Wigmore criteriai with the The conversation was engendered by VCC’s Counselling Department group to see if an informed approach can be carved-out once roles, who first organized a remote virtual information session with the rights and responsibilities around privacy are fully understood. Office of the Information and Privacy Commissioner for BC for various VCC student services providers.
INTERNAL COLLABORATIVE ACTIVITY
The ASI continues to be leveraged by various VCC stakeholders for • Potential public/private partnership pitfalls; consultation around various student issues. Additionally, the ASI • Affiliation agreement issues; continues to provide recommendations on complex student cases at • The leveraging of new programs to attract times joining in to a ‘wrap-around’ approach involving multiple underrepresented groups such as women within certain College experts (where privacy and confidentially standards are fields; maintained). • Potential to tap into our liaison with the Open Door Group (employment services) to serve students eligible for employment funding; ACADEMIC PROGRAM REVIEWS • Potential issues with transparency of admission selection The ASI, alongside other student services, is routinely provided an criteria for candidates in programs with requirements of opportunity to fill-out questionnaires on Academic Program reviews letters of intent or admission interviews; and renewals. The Office additionally provides feedback on new • The need for student supports; programs being developed. The Office in 2019 provided advice on: • The need for rubrics and rationales for determination of student attitudes, hygiene, attendance, etc.; • Potential procedural fairness and equity issues in • The potential impact of keyboarding admission curriculum; requirements on certain students with disabilities and our • Linkage to VCC institutional learning outcomes; duty to accommodate; 21 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
• Program alignment with VCC approved policies; and INDIGENIZATION • Supports for the Indigenization of curriculum. DEPARTMENT LIAISING – INDIGENOUS COHORT DEVELOPMENT: In 2018, the ASI was contacted by the Department Head of Dental In 2019 the ASI provided recommendations to the following Technology Science & Denturist Science to enquire about programs: possibilities in building Indigenous Cohorts into programing. The ASI, having previously discussed Indigenous Cohort programming Health Unit Coordinator with the Bachelor of Science in Nursing (BSN) program was happy to discuss ideas about bringing such cohort programming to Dental Electronics Repair Technology Technology Science & Denturist Science in 2018 but could only do Gladu Report Writing so on a very tertiary level. As the Department Head had already consulted with the Department Head of BSN, the ASI referred the VR/AR Design and Development Department Head to connect primarily with VCC Indigenous Education & Community Engagement in 2018. Administrative Professional - International Cohort Building on the Department Head of Dental Technology Science & Administrative Professional 1 Denturist Science’s 2018 interest in Indigenous cohort development, Administrative Professional 2 the ASI in 2019 further connected the Department Head with the Department Leaders of the Dental Reception all-Indigenous Cohort Dental Reception Coordinator program (a partnership offering between VCC and Aboriginal Community Career Employment Services Society (ACCESS) ), the ASI In 2019, the ASI was asked to comment on the following protocols having discovered the program and its model of student support at and documentation: the tail end of 2018. Nursing Programs - Missing Program Pre-requisites for
Clinical Entry (Tuberculin skin test; Chest X-ray results) STUDENT SUCCESS PLANS: The ASI was asked in 2019 to provide Health Sciences - Continued Criminal Record Check feedback to Indigenous Education & Community Engagement on Declaration their ‘Student Success Plan’ template. The Office recommended amplifying the list of student services options; adding an opportunity for students to identify their communities; providing 22 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
students the opportunity to indicate their preferred gender- TEACHING & LEARNING FRAMEWORK identification pronoun; and adding a section where plan changes can be recorded as students progress through their original proposal.
DISABILITY ISSUES The Office was part of multiple discussions with Human Resources, VCC Disability Services, Academic Program Areas and Administration on various duty to accommodate issues, including:
• Providing longer credential completion times for students with disabilities; Photo by Dakota Roos on Unsplash • Removing keyboarding entrance requirements to programming (which can be a barrier for students with The ASI was invited to take part in one of four facilitated disabilities) in an age where speech to text technology consultation sessions put on by VCC’s Centre for Teaching, Learning exists; and and Research about VCC’s ‘Teaching & Learning Framework’. The • The parameters of retroactive accommodations. ASI attended a group session that discussed, among other things, ways, means and the value of incorporating Indigenization, equity, In the latter part of 2019, the AVP, Student Success also linked inclusion and accessibility into curriculum and how it is taught. The student services departments serving students with disabilities to ASI also filled-out a subsequent Survey on the “key principles, the 2019 BC Government Accessibility Legislation Consultation- approaches, and values to guide teaching and learning practice and online questionnaire. The ASI seized the opportunity to provide curriculum development initiatives at VCC … that supports VCC’s comment and recommendations on disability issues the Office has values: student success, excellence in educational quality, diversity fielded throughout the years. and stewardship”.
23 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
STUDENT DISPUTE MANAGEMENT
In 2019, the ASI was provided a fulsome opportunity to discuss the pathways for student conflict and dispute resolution at VCC with the Students’ Union of Vancouver Community College (SUVCC). The discussion meeting was hosted and informed by the VP, Academic, Students & Research with the Department of Safety, Security & Risk Management and the Office of Student Conduct & Judicial Affairs in attendance alongside the ASI. The departments present provided the SUVCC with clarity on Human Rights and non-Human Rights related complaint processes for students at VCC.
Photo by Ming Jun Tan on Unsplash
24 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
EXTERNAL COLLABORATIVE ACTIVITY
2019 saw the ASI discussing, collaborating and liaising on Ombuds issues with the following individuals, institutions, associations or bodies:
Simon Fraser University Ombuds Student Conduct Administrators Roundtable (BC and Western Canada) Association of Canadian College & University Ombudspersons Membership Community College Ombuds Group Membership (Canada & United States) Kwantlen Student Association Advocacy Coordinator Camosun College Ombuds Government of Canada -Terminology Standardization Division of the Translation Bureau (via ACCUO) BC Ministry of Advanced Education, Skills & Training – Senior Policy Analyst University of Victoria Ombuds 25 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
ASI WORKSHOPS & ORIENTATION SESSIONS PRESENTED TOPIC STUDENTS PERSONNEL ASI Office Introduction & Human Rights Health Care Assistant Program ASI Office Introduction & Student Rights Concepts (Reasonable Person Dental Hygiene Program Standard; Power Differential; Equity; etc.) ASI Office Introduction & Student Rights Concepts (Reasonable Person Bachelor of Science in Nursing Standard; Power Differential; Equity; etc.) Program ASI Office Introduction & Student Rights Concepts (Reasonable Person Practical Nursing Program Standard; Power Differential; Equity; etc.) ASI Office Introduction ASL & Deaf Studies Program Duty to Accommodate Students with Disabilities Continuing Care Department Meeting Student Services Partnership & Development Office ASI Office Introduction & Impact of Student Rights on Post-Secondary Culinary Arts Professional Development Week – Education (Duty to Accommodate/Inquire; Human Rights; Privacy & Faculty & Staff Access to Information; Procedural Fairness, Attendance etc.) “Train the Trainer” Abridged Tribunal Training Appeals Oversight Committee to Education Council - Members Student Complaints Policy draft President’s Council (Inclusive of Senior Leadership) Requirements for Student Attendance and Participation School of Arts & Science Department Heads ASI Office Introduction & Impact of Student Rights on the Profession & Health Unit Coordinator Program Faculty Teaching of Health Unit Coordinators (Duty to Accommodate/Duty to Inquire; Human Rights; Access to Information & Privacy; Procedural Fairness; Impact on Curriculum, etc.) Duty to Accommodate Students with Disabilities School of Arts & Science, School of Trades, Technology & Design (and other personnel) Privacy & Confidentiality Owed When Discussing Students Using Email School of Hospitality, Food Studies & Applied as a Medium Business Department Head Meeting Student Conflict Management @ VCC & Role of the ASI and OSCJA [Co- Leaders Forum (Deans, Directors & Department Presented with the Office of Student Conduct & Judicial Affairs (OSCJA)] Heads) Appeal of Final Grade Policy Continuing Studies Program Coordinators Impact of Student Rights on Post-Secondary Education (Including Duty to Columbia College: Professional Development Day Accommodate) [Co-Presented with the Office of Student Conduct & Judicial Affairs (OSCJA)] 26 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019
PROFESSIONAL DEVELOPMENT
The Office is grateful to the AVP, Student Success and VCC for both the provision of, and extensive support in pursuing, professional development opportunities. The time and funding afforded to develop and maintain skills and knowledge is invaluable to the proper and competent discharge of the ASI’s work. Conferences, training and time to review literature fosters improved best practices, exchange of ideas with other Ombuds offices and better understanding of emerging student issues. 2019 provided access to training and information on a range of topics including: fairness principles; Deaf culture; supporting Indigenous students; service reviews; gender based violence; accessibility; safety; due diligence; research ethics; webpage management software; cyber security; suicide prevention; learning frameworks; and the student educational experience.
Photo by Taisiia Shestopal on Unsplash VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 27
CONFERENCES/REGIONAL MEETINGS/SYMPOSIA/PROFESSIONAL DEVELOPMENT DAYS
Community College Ombuds Group (CCOG) [Tele-Conference Meetings. February 14, 2019; May 13, 2019; November 14, 2019.]
Indigenous-Newcomers Relationships: An Organizational Dialogue on Unsettling Practices [Symposium. Speakers: Wade Grant, Baldwin Wong, Kory Wilson, Katie Rosenberger, Elder Roberta Price, Riel Dupuis-Rossi, Charlene Hellson, Allan Lindley, Vikki Reynolds. Sponsored by: The Affiliation of Multicultural Societies and Service Agencies. (AMSSA) in partnership with BC Institute of Technology and Vancouver Immigration Partnership. Wosk Centre for Dialogue, Vancouver, BC: April 5, 2019.]
Association of Canadian College and University Ombudspersons (ACCUO)/ Forum of Canadian Ombudsman (FCO) [Biennial Conference. Toronto: April 15-17, 2019.]
Association of Canadian College and University Ombudspersons (ACCUO) – Western Division [Western Regional Meeting. University of Victoria: June 14, 2019.]
VCC DAY [Internal Professional Development Day. VCC Downtown Campus: October 22, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 28
Association of Canadian College and University Ombudspersons (ACCUO) – Western Division [Regional Meeting. Including Session on ‘Fostering Dialogue Across Difference and Disagreement’, presented and led by Kimberly Jackson Davidson, Director of the Yeworkwha Belachew Center for Dialogue & Ombuds for Oberlin College. Simon Fraser University-Burnaby Campus: October 24, 2019.]
Student Success Leaders’ Retreat [Meeting/Training. Facilitated by Jane Shin, AVP, Student Success. VCC Downtown Campus/ Kingston Taphouse & Grill Conference Room: December 3, 2019.] PRESENTATIONS & WEBINARS
VCC Education Services Renewal Process [Presentation. Presented by Nigel Scott, Supervisor, VCC Interpreting Services. Organized by VCC Learning Conversations. Sponsored by the Office of the VCC VP, Academic, Students & Research. VCC Broadway Campus: January 30, 2019.]
Join us for a presentation with the BC Ombudsperson [Presentation & Discussion. By/With Jay Chalke, BC Ombudsperson. Put on by the Office of the Ombudsperson B.C.’s Independent Voice for Fairness. Simon Fraser University (SFU) Harbour Centre: January 31, 2019.]
Russ Diabo, Essayist Included in Whose Land is it Anyway? A Manual for Decolonization [Presentation. Sponsored and put on by the Vancouver Community College Faculty Association on behalf of the Federation of Post-Secondary Educators of BC’s (FPSE) Human Rights and International Solidarity Committee. VCC Broadway Campus: March 12, 2019.]
Reflections on Belonging, Relationships, and Responsibilities in Musqueam, Squamish and Tsleil-Waututh Lands [Webinar. Speaker: Kamala Todd. Sponsored by the Affiliation of Multicultural Societies and Service Agencies (AMSSA): March 29, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 29
Student Experience Improvement Project [Presentation. Presented by Dave McMullen, VCC Registrar and Les Apouchtine, Associate Registrar- Records &Systems. Organized by VCC Learning Conversations, Sponsored by the Office of the VCC VP, Academic, Students & Research. VCC Broadway Campus: October 23, 2019.]
Gender-Based Violence & Harassment: Creating Safer Workplaces and Communities [Webinar. Sponsored by: The Affiliation of Multicultural Societies and Service Agencies. (AMSSA). Presenters: Ljudmila Petrovic, AMSSA Research and Policy Analyst; Misha Dhillon, Ending Violence Association of BC (EVA BC), Research & Projects Coordinator; Nina Condo, Executive Director, Elmwood Community Resource Centre (ECRC); and Ninu Kangt, Trainer in Anti-Violence and Anti-Racism: October 29, 2019.]
Accessibility and Universal Design in Career Transitions Programming and Services [Webinar. Presented by Frank Smith, National Co- ordinator, NEADS. Put on by the National Educational Association of Disabled Students (NEADS): November 15, 2019.]
TRAINING & BRIEFINGS
VCC Safety and Security [Video. Found on MyVCC (VCC Internal Website), Security & Risk Management Page: Accessed & Reviewed January 16, 2019.]
Active Threat Safety: Run, Hide, Take Action [Video. Created & Produced by Simon Fraser University (SFU) Creative Studio and Safety & Risk Services. Published on YouTube: 12 November 2015. Accessed & Reviewed January 16, 2019.]
Due Diligence for Employers [Workshop. Facilitated by Megan Sam, Employers’ Adviser, BC Ministry of Labour. During the Student Development Leadership Team Meeting. VCC Broadway Campus: January 22, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 30
On Campus Injuries [Phone Briefing. Provided by Ria Salonga, Coordinator, VCC Safety Security & Risk: January 24, 2019.]
Fairness in Practice: Skills Development [Workshop. Put on by the Office of the Ombudsperson: B.C.’s Independent Voice for Fairness, Prevention Initiatives Program. Richmond, B.C.: May 14, 2019.]
Indigenization of Arbiter of Student Issues Office [Informative Dialogue. With Taryn Porter, Master’s Practicum Student with VCC Disability Services. VCC Broadway Campus: June 28, 2019.]
BC Ombudsperson’s Online Training Program, Fairness 101 [Online Course. Delivered through the BC Office of the Ombudsperson: Accessed & Completed August 26, 2019.]
Government of Canada’s online Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS 2) Course on Research Ethics [Online Training. Accessed & Completed: September – November 2019.]
TerminalFour Site Manager (Web Content Management System) [Training. Facilitated by Nadia Kawas, Web Manager, VCC Marketing & Communications. VCC Broadway Campus: September 20, 2019.]
Deaf Community and Culture [VCC Day Workshop. Presented & Facilitated by Aastrid Evensen, Instructor, VCC Deaf & Hard of Hearing Program and Vincent Chauvet, Department Head, VCC ASL & Deaf Studies Program. VCC Downtown Campus: October 22, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 31
VCC Cyber Security [Online Training. Delivered through VCC Information Technology Services Department. Accessed & Completed: November 21, 2019.]
QPR (Question, Persuade, Refer) Suicide Prevention [Training. Provided by Tim Conklin, VCC Department Assistant, CAD & BIM Technologies. VCC Broadway Campus: November 26, 2019.]
MATERIAL REVIEWS
Indigenous Student Services: Relationship & Relevance in a Time of Reconciliation [PDF File. Power Point Presentation by Michelle Pidgeon: December 13, 2018. Provided by VCC Student Enrollment Management Student Success & Retention Committee. Reviewed January 16, 2019.]
Metro Vancouver Alliance (MVA) December 14, 2018 Meeting Materials: “Our Voice Our City of Reconciliation” (PPT by Scott Clark); “Our Place Strategies” (Handout by Our Place); “Our Place Guiding Principles of Youth Matters Community Accountability (Hand-out by Our Place); etc. [PDF Files & Power Point Presentation. Provided by the VCC Office of the Vice President, Academic, Students & Research. Reviewed February 26, 2019.]
The Role & Impacts of Indigenisation at VCC [Podcast. With Tami Pierce, VCC Director of Indigenous Education & Community Engagement (IECE) & Host, VCC VP, Academic, Students & Research. Leadership Conversations: Retrieved April 29, 2019.]
Pulling Together: A Guide for Front-Line Staff, Student Services, and Advisors [Reading. By Ian Cull, Robert L. A. Hancock, Stephanie McKeown, Michelle Pidgeon, and Adrienne Vedan. Provided through BCcampus Open Education. Accessed Online August 28, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 32
My Vision Quest: Education, Social Justice Leadership, Indigenous Research & Ethical Spaces [Power Point Presentation. By Jacqueline Ottmann. Provided by the VCC Office of the Associate Vice President, Student Success. Reviewed: September 3, 2019.]
CONSULTATION PARTICIPATION
VCC’s ‘Teaching & Learning Framework’ [Consultation Session. Facilitated by VCC’s Centre for Teaching, Learning and Research. VCC Downtown Campus: October 9, 2019.]
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 33
STATISTICS TYPE OF RESOLUTION 2019 Relative
SOUGHT OR OPEN TO to 2018 Student complaints manifested themselves as Individual Student Complaints Formal 68 32 or Groups of Students consisting of two or more students (including entire ADR 19 12 Cohorts of Students). [Note: each individual student is counted in the tally.] Both 48 30
N/A 2 4 The ASI tracked:
• Student Contacts: Students who connected with the Office but did not pursue their issue further through the Office; Overwhelmingly Students accessed the Office to seek information about the Formal Dispute • Student Intakes/Cases: Students with whom the ASI completed Resolution process in 2019 over an Alternative an intake, including students who accessed the Office for more than one case (note: each new case/intake is counted); and Dispute Resolution (ADR) pathway. Final outcomes of student case resolutions are not • Student Follow-Ups: Number of follow-up meetings (held in- tracked by the Office as it has no ability to person, over the phone or via email [with extensive comprehensive coverage]) conducted with or on behalf of the compel the final decision maker to report back to the Office on resolutions. The ASI thus tracks the student. student’s initial interest in either a formal or informal resolution, or both (including decisions to start ‘informal’ and progress to ‘formal’ arenas TOTALS RELATIVE SCHOOLS & AREAS 2019 2019 TO 2018 should ADR not culminate in a resolution). Instructor Education 1 STUDENT CONTACTS 49 39 Trades, Technology & 5 Design STUDENT INTAKES/CASES 137 78 Centre for Continuing 10 Studies STUDENT FOLLOW-UPS 113 88 Students from 6 different Schools and Hospitality, Food Studies & 38 Centres accessed the Office in 2019 Applied Business with one student registered in two Arts & Sciences 33 different areas at VCC. Health Sciences 51
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 34
TYPE OF ISSUE 2019 Relative As in previous years, Students in 2019 often to 2018 expressed several compounding issues in one Final Grade Appeals 35 30 intake session. The Office continued to support While the majority of Students taking Assessment Testing 0 1 advantage of ASI services in 2019 did students by helping them parse out their varied 'Incomplete' Contract 0 1 types of issues in order to channel them into come from the Broadway Campus, the Grievance/Complaint 110 48 the proper formal or informal resolution number of students accessing the Office Human Rights/Bullying 49 16 processes. To note: a student case, while from the Downtown campus increased
Duty To Accommodate 9 4 potentially representing a slew of different substantially in 2019. The shared office space allocated to the ASI in 2018 has Student Conduct (self) 1 0 issues, is only tabulated as one case at intake. Student Conduct (Other) 2 0 prima facie made a marked difference for Downtown Student access to the Office. Student Educational Conduct 2 5 Annacis Island Campus Students’ Appeal To Education Council 0 0 STUDENT HOME CAMPUS 2019 2018 leveraging of the office again remained Appeal to the Board 0 0 Broadway 78 59 negligible in 2019. Finally, in 2019 the ASI Freedom of Information & 5 5 was also able to serve one student who Protection of Privacy (FOIPPA) Downtown 57 19 met the ASI on campus but was enrolled Required to Withdraw 4 2 Annacis Island 1 0 1 N/A in a VCC program delivered in partnership Refund 10 6 Off Site with another entity off site. Funding Appeal 0
Admissions/Insertions 7 2 Gender Based Violence 1 2 Safety & Security 2 0 DOWNTOWN 2014 2015 2016 2017 2018 2019
Withdrawal 0 0 STUDENTS OTHER 7 7 OVER THE EVALUATIONS 2019 YEARS RETURNED 12 15 25 17 14 19 57 As part of the Office’s quality assurance, the ASI continued to distribute student evaluations of ASI services in 2019. Unfortunately, as in previous years, the extreme small numbers of returned evaluations cannot provide any substantive understanding of students’ satisfaction of the service.
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 35
As in 2018, in 2019 the Office provided consults to VCC personnel (faculty, staff, administrators) about specific students independent of those provided to 2019 PERSONNEL GENERAL PERSONNEL students. CONSULTS BRIEFINGS/CONSULTS ON • The Office uses the concept of ‘ethical wall’ building in order to maintain ABOUT SPECIFIC STUDENT RELATED COLLEGE the rights and privacy of all parties involved. These consults typically
STUDENT ISSUES/POLICY/FAIRNESS/ETC. happen in advance of a student booking an appointment with the ASI. They also occur as part of the investigation, resolution, or advancement 100+ 100+ of a student situation brought forward by personnel to the ASI vs. by the student to the ASI. Sometimes, the two streams intersect. However, Office consults are provided to the specific client (personnel OR student)
and appropriate confidentiality and disclosure measures are deployed in each circumstance.
The ASI also provided briefings to personnel on issues not related to a specific student but within the ASI’s scope and mandate. These briefings provide opportunities to shore up procedural fairness within the institution.
2019 IN REVIEW
2019 was a very busy year for the Office, with students engaging ASI services at a rate not seen before. The new ASI Office space at the Downtown campus in addition to increased Office hours begun in 2018 likely explain this increase in access. The Office is grateful to see this capacity support from VCC and, in particular, would like to thank Senior Leadership and the AVP, Student Success for investing in procedural fairness and natural justice in funding the Office to this extent.
The large extent to which the ASI continues to be permitted to sit on committees and working groups and to make recommendations on policy supports inoculation against breaches of procedural fairness. The Office appreciates these varied fora to provide advice and hopes to continue to enjoy this degree of ability to engage on student centred issues in 2020.
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 36
The extensive support provided in accessing professional development opportunities continues, among other things, to support the Office’s reflection on serving Indigenous Students, connection to the network of Canadian and American College & University Ombuds and honing of skills in general.
The engagement by an array of VCC community members in ASI provided training in the areas of procedural fairness, tribunal panel duty, duty to accommodate students with disabilities and impact of student rights on post-secondary education bodes well for student fairness.
In 2019 the Office, along side all programs and services, was asked to produce a Business Continuity Plan to support operations should VCC and/or the Office be materially affected or interrupted by a significant event (such as a natural disaster). The ASI found the exercise very thought provoking and appreciated the opportunity to envision continuation of services during such a time.
Finally, the ASI was pleased to once again take part in the yearly divisional leaders’ retreat, generously sponsored and facilitated by the AVP, Student Success. The ASI alongside Counselling Services, Disability Services, Interpreting Services (for American Sign Language), Academic Advising & Assessment Services, the Student Conduct & Judicial Affairs Office and the Student Service Centre was given a congenial opportunity to break bread together, reflect and better know each other’s services; the ASI even choosing to include a Jeopardy game platform/format and deployment of a crossword puzzle in its presentation on ASI Services.
The Office was well utilised by the VCC community in 2019 and is becoming increasingly known throughout the College as a source of support for stakeholders. The ASI looks forward to serving Students, Faculty, Staff and Administrators on student centred issues again in 2020.
LOOKING FORWARD TO 2020 In 2019, the ASI drafted an action plan for the Office’s service review slated for 2020/21 per VCC’s Education Services Renewal Policy. While the review will be a daunting task, the ASI looks forward to both an external review of its services and VCC’s community feedback on the strengths and weakness of the Office. The ASI appreciates the opportunity to understand better how to reach more stakeholders and community members and to shore up gaps in service.
Photo by Ran Berkovich on Unsplash
37 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX i
38 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX i
NUMBERS BLURRED.
FOR INTERNAL USE ONLY
39 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX ii
40 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX iii
41 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX iii
42 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX iv
43 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX iv
44 VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 APPENDIX iv
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 45
______
ENDNOTES
1See R. v. Gruenke, 1991 CanLII 40 (SCC), [1991] 3 SCR 263,
The Wigmore test as to whether or not a communications is privileged requires that: (1) the communications must originate in a confidence that they will not be disclosed; (2) this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties; (3) the relation must be one which in the opinion of the community ought to be sedulously fostered; and (4) the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation. This test is consistent with a principled approach to the question which properly takes into account the particular circumstances of each case. These criteria are not carved in stone and only provide a general framework within which policy considerations and the requirements of fact‑finding can be weighed and balanced on the basis of their relative importance in the particular case before the court. They do not preclude the identification of a new class on a principled basis.
______
WORKS CITED OR REFERRED TO
CASES
R. v. Gruenke, 1991 CanLII 40 (SCC), [1991] 3 SCR 263,
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 46
IMAGERY
“BCIT/VCC Motive Power Centre of Excellence” by Vancouver Community College, published January 27, 2014, retrieved from https://www.vcc.ca/about/college-information/news/article/new-heavy-duty-training-facility.html. Accessed August 2019.
Binoculars Sitting on a Stone Wall Facing a Sunset by Ran Berkovich on Unsplash, published January 23, 2016, retrieved from https://unsplash.com/photos/kSLNVacFehs. Accessed August 2020.
“Children at an Aquarium” by Andie Kolbeck on Unsplash, published December 9, 2019, retrieved from https://unsplash.com/photos/DfA6UDr9cx0. Accessed August 2020.
Colourful Mosaic with Dr. Martin Luther King Quote by Toa Heftiba on Unsplash, published June 16, 2020, retrieved from https://unsplash.com/photos/tZNmYg3TYeE. Accessed August 2020.
Everyone is Welcome Written on a Graffitied Wall by Katie Moum on Unsplash, published November 30, 2018, retrieved from https://unsplash.com/photos/7XGtYefMXiQ. Accessed July 2020.
“Fighting deers” by Ming Jun Tan on Unsplash, published August 11, 2016, retrieved from https://unsplash.com/photos/- FC5Ozeetuw. Accessed August 2020.
“Hemp or cannabis tincture” by Kimzy Nanney on Unsplash, published on May 3, 2019, retrieved from https://unsplash.com/photos/b2haCjfk_cM. Accessed August 2020.
“Lady Justice” by Tingey Injury Law Firm on Unsplash, published May 20, 2020, retrieved from https://unsplash.com/photos/yCdPU73kGSc. Accessed July 2020.
“London Underground, London” by Peter Lawrence on Unsplash, published April 2, 2019, retrieved from https://unsplash.com/photos/rXZa4ufjoGw. Accessed July 2020.
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 47
“Old cash register” by Fernando Santander on Unsplash, published June 22, 2020, retrieved from https://unsplash.com/photos/qasoqmA4cd4. Accessed July 2020.
“Players in Petang” by Egor Myznik on Unsplash, published on July 3, 2020, retrieved from https://unsplash.com/photos/SPWIYDjyxDA. Accessed August 2020.
“Restrooms sign” Matt Artz on Unsplash, published November 11, 2018, retrieved from https://unsplash.com/photos/FtUzIprTVtI. Accessed August 2020.
Screenshot of “Services and Resources for VCC Students.” VCC One-Pager Collateral, published January 28, 2019. Accessed August 2020.
Steel Frame Construction by Dakota Roos on Unsplash, published October 3, 2014, retrieved from https://unsplash.com/photos/dSRhwPe6v9c. Accessed August 2020.
Tea Cup with Glasses on Open Book by Taisiia Shestopal on Unsplash, published April 8, 2020, retrieved from https://unsplash.com/photos/veFE7M-qvHk. Accessed August 2020.
“U.S. Supreme Court” by Jackie Boylhart on Unsplash, published July 29, 2020, retrieved from https://unsplash.com/photos/x4Ln13R0c4c. Accessed August 2020.
“We're better when we're united” by Clay Banks on Unsplash, published April 28, 2019, retrieved from https://unsplash.com/photos/LjqARJaJotc. Accessed August 2020.
White Coffee Cup with Leaf Swirl and Glass of Water by Social.Cut on Unsplash, published June 23, 2019, retrieved from https://unsplash.com/photos/SGl4oFR5_dw. Accessed August 2020.
______
POLICY & TERMS OF REFERENCE
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 48
Nova Scotia Community College. " Policy 41.21 Educational Equity." NSCC.ca, 16 Feb. 2019, https://www.nscc.ca/about_nscc/policies_procedures/index.asp.
Vancouver Community College. “Appeals Oversight Committee of Education Council Terms of Reference.” MyVCC.ca, 12 March 2019.
Vancouver Community College. " Policy C.1.2. Appeal of Final Grade." VCC.ca, 13 Dec. 2016, https://www.vcc.ca/about/governance--policies/policies/education-policies/.
Vancouver Community College. " Policy C.1.5 Requirements for Student Attendance and Participation." VCC.ca, 13 June 2017, https://www.vcc.ca/about/governance--policies/policies/education-policies/.
Vancouver Community College. " Policy C.3.7 Off-Campus Activity Involving Students." VCC.ca, 13 Feb. 2020, https://www.vcc.ca/about/governance--policies/policies/education-policies/.
Vancouver Community College. " Policy D.1.1 Education Services Renewal." VCC.ca, 5 April 2017, https://www.vcc.ca/about/governance--policies/policies/education-support-policies/.
Vancouver Community College. " Policy D.4.1 Students with Disabilities." VCC.ca, 13 Feb. 2007, https://www.vcc.ca/about/governance--policies/policies/education-support-policies/.
Vancouver Community College. " Policy D.4.2 Student Grievance." VCC.ca, 29 Jan. 2004, https://www.vcc.ca/about/governance--policies/policies/education-support-policies/.
Vancouver Community College. " Policy D.4.3 Student Code of Conduct (Non-Educational Matters)." VCC.ca, 29 May 2013, https://www.vcc.ca/about/governance--policies/policies/education-support-policies/.
Vancouver Community College. " Policy D.4.5 Student Educational Conduct." VCC.ca, 29 May 2013, https://www.vcc.ca/about/governance--policies/policies/education-support-policies/. ______
VANCOUVER COMMUNITY COLLEGE ARBITER OF STUDENT ISSUES OFFICE| Annual Report: 2019 49
SOFTWARE USED
Venngage. Paid Online Infographic Generator. www.venngage.com.
Zygomatic. “Free Online Word Cloud Generator and Tag Cloud Creator.” Wordclouds.com, Zygomatic, www.wordclouds.com/.
______
SURVEY
Vancouver Community College Centre for Teaching & Learning. “Teaching and Learning Framework.” Survey. 4 Nov. 2019.