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SEXUAL MISCONDUCT POLICY
Date:
DECEMBER 17,
2021
CHOI YIN JOY TSANG
COMPLAINT PROCESS AND INVESTIGATION
a) the student must provide a written Complaint to the Principal, who is responsible for making determinations with respect to complaints. b) if the Principal is absent or is named in the Complaint, the student must provide the complaint to the Owner; c) if the Owner and the Principal are the one and same person and the Principal is named in the complaint, the student may file a complaint with the BC HUMAN RIGHTS TRIBUNAL; and d) the Principal will arrange to meet with the student to discuss the Complaint and desired resolution as soon as possible but within five (5) school days of receiving the student’s written Complaint. 6. The process for responding to a Complaint about sexual misconduct involving a student is as follows: a) the person named in the Complaint will be given a copy of the Complaint as soon as possible after the Principal has met with the student who had made the Complaint; and b) the Principal will arrange to meet with the person named in the Complaint to discuss the Complaint and as soon as possible but within five (5) school days after the person named in the Complaint has received a copy of the Complaint; 7. After the Principal has met with both the student who had made the Complaint as well as the person named in the Complaint, a) the Principal will conduct whatever enquiries and/or investigations are necessary and appropriate to determine whether the student’s Complaint is substantiated in whole or in part; b) those enquiries may involve further discussion(s) with the student either individually or with appropriate personnel of the School; c) if the enquiry or investigation will rely on any communication from appropriate personnel of the School, such communication must be in writing and signed by such appropriate school personnel; d) the necessary enquiries and/or investigations shall be completed and a response provided in writing to all involved as soon as possible but no later than thirty (30) school days following the receipt of the Complaint; e) if it is determined that the student’s Complaint is NOT substantiated, the School will provide a written explanation of the decision and deny the Complaint; and f) if it is determined by the Principal that the student’s Complaint is substantiated in whole or in part, the Principal will inform both the student who had made the complaint and the person named in the Complaint. APPEAL OF PRINCIPAL'S DECISION 8. The response from the Principal must specify that the student will have five (5) school days to appeal the Principal's decision regarding the Complaint. 9. For any appeal of the Principal's decision regarding the Complaint, the Principal must be advised as soon as possible but within five (5) school days of being informed of the determination. The Principal will immediately refer the matter to the Owner of the School. 10. The Owner will review the matter and if necessary, may meet with the student who made the Complaint or/and the person named in the Complaint as soon as possible but within five (5) school days of receipt of the student’s appeal. 11. The original decision will either be confirmed or varied by the Owner in writing within five (5) school days after receipt of the student’s appeal or, if a meeting with the student occurred, within five (5) days of that meeting. At this point the School’s process and review of the Complaint will be considered exhausted. 12. If the student is dissatisfied with the result and feels that he or she has been misled by the School, he or she may file a complaint with the Private Training Institutions Branch (PTIB). 13. If the Principal and the Owner are the one and same person, the following shall apply: a) the Principal's recommendation shall be deemed to be the Owner's decision; b) PRIVATIVE CLAUSE: if the student who made the Complaint, or the person named in the Complaint, is merely dissatisfied or merely in disagreement with the Principal's decision or recommendation and the Owner's decision, the School's student dispute resolution process will be considered exhausted after the Principal's decision or recommendation and the Owner's decision have been made, and there shall be NO appeal or review of the Principal's decision or recommendation, the Owner's decision, or the School's handling of the Complaint; and c) if the student is dissatisfied or in disagreement with the Principal's decision or recommendation and the Owner's decision and feels that he or she (the student) has been misled by the School, the student may file a complaint with the Private Training Institutions Branch (PTIB). REPORT OF SEXUAL MISCONDUCT 14. A student may make a Report of sexual misconduct as follows: a) the student must provide a written Report to the Principal, who is responsible for making determinations with respect to complaints. b) if the Principal is absent or is named in the Report, the student must provide the Report to the Owner; c) if the Owner and the Principal are the one and same person and the Principal is named in the Report, the student may file a complaint with the BC HUMAN RIGHTS TRIBUNAL; and d) the Principal will arrange to meet with the other student to discuss the Report as soon as possible but within five (5) school days of receiving the student’s written Report 15. The process for responding to a Report about sexual misconduct involving a student is as follows: a) the person named in the Report will be given a copy of the Report as soon as possible after the Principal has met with the student who had made the Report; and b) the Principal will arrange to meet with the person named in the Report to discuss the Report and as soon as possible but within five (5) school days after the person named in the Report has received a copy of the Report; 16. After the Principal has met with both the other student as well as the person named in the Report, a) the Principal will conduct whatever enquiries and/or investigations are necessary and appropriate to determine whether the Report is substantiated in whole or in part; b) those enquiries may involve further discussion(s) with the student either individually or with appropriate personnel of the School; c) if the enquiry or investigation will rely on any communication from appropriate personnel of the School, such communication must be in writing and signed by such appropriate school personnel; d) the necessary enquiries and/or investigations shall be completed and a response provided in writing to all involved as soon as possible but no later than thirty (30) school days following the receipt of the Report; e) if it is determined that the student’s Report is NOT substantiated, the School will provide a written explanation of the decision and deny the Report; and f) if it is determined by the Principal that the student’s Report is substantiated in whole or in part, the Principal will inform both the other student and the person named in the Report. 17. The appeal process concerning the Principal's decision on a Report of sexual misconduct is the same as the appeal process concerning the Principal's decision on a Complaint of sexual misconduct. 18. It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate to a Complaint or a Report. 19. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect. 20. All information related to a Complaint or a Report is CONFIDENTIAL and will not be shared without the written consent of the parties, subject to the following exceptions:
JOY BEAUTY SCHOOL is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca.
STUDENT STATEMENT OF RIGHTS Date: June 09, 2021
CHOI YIN JOY TSANG
Principal
and Owner JOY
BEAUTY SCHOOL is certified with the Private Training Institutions
Branch (PTIB) of British Columbia Ministry of Advanced Education and Skills
Training. You
have the right to a student enrolment contract that includes the
following information:
Make sure you read the contract before
signing. The institution must provide
you with a signed copy. You
have the right to make a claim to PTIB for a tuition refund if:
You must file the claim within one
year of completing, being dismissed or withdrawing from your program. STUDENT DISPUTE RESOLUTION AND GRADE APPEAL POLICY AND
PROCEDURE Dated:
MAY 09, 2023
CHOI
YIN JOY TSANG
Principal
and Owner
1.01
This is the Student Dispute Resolution and Grade Appeal
Policy and Procedure ("Dispute Resolution and Grade Appeal Policy")
of JOY BEAUTY SCHOOL (the "School"), a private career training
institution registered with the Private Training Institutions Branch
("PTIB") of the Ministry of Advanced Education. 1.02 The School provides an opportunity for students to
resolve disputes of a serious nature and a process for grades appeals. 1.03 The Dispute Resolution and
Grade Appeal Policy applies to all students of the School who are currently
enrolled or were enrolled 1 year (12 months) prior to the submission of their
concern to the Principal.
2.02 If the student is not satisfied with the outcome at this level, the student must provide a written complaint to the Principal, who is responsible for making determinations with respect to complaints. a) If the Principal is absent or is named in the complaint, the
student must provide the complaint to the Owner. b) If the Owner and the Principal are the one and same person
and the Principal is named in the complaint, the student may file a complaint
with the Private Training Institutions Branch (PTIB) 2.03
The Principal will arrange to meet with the student to
discuss the concern and desired resolution as soon as possible but within SEVEN (7) CALENDAR DAYS of receiving
the student’s written concern. The Principal's written decision shall
include a statement advising the student of the student's right to file a claim
to the PTIB within one year after the student has completed or was dismissed or
withdrew from the program. 2.04
Following the meeting with the student, the Principal
will conduct whatever enquiries and/or investigations are necessary and
appropriate to determine whether the student’s concerns are substantiated in
whole or in part. 2.05
Those enquiries may involve further discussion(s) with
the student either individually or with appropriate personnel of the School. 2.06
If the enquiry or investigation will rely on any
communication from appropriate personnel of the School, such
communication must be in writing and signed by such appropriate school
personnel. 2.07
The necessary enquiries and/or investigations shall be
completed and a response provided in writing to all involved as soon as
possible but no later than SEVEN (7)
CALENDAR DAYS following the receipt
of the student’s written concerns. 2.08
If it is determined that the student’s concerns are NOT
substantiated, the School will provide a written explanation of the decision
and deny the complaint. 2.09 If it is determined by the Principal that the student’s
concerns are substantiated in whole or in part, the Principal will propose a
resolution in the Principal's written decision.
3.01
The response from the Principal must specify that the
student will have SEVEN (7) CALENDAR
DAYS to appeal the Principal's decision for any matter besides grading. 3.02
A copy of the Principal's decision and all supporting
materials shall be given to the student, and the original copy of the decision
will be placed in the School's file for the student. 3.03
If the student is not satisfied with the determination
of the Principal, the student must advise the Principal as soon as possible but
within SEVEN (7) CALENDAR DAYS of
being informed of the determination. The Principal will immediately refer the
matter to the Owner of the School. 3.04
The original decision by the
Principal will either be confirmed or varied by the Owner in writing within SEVEN
(7) CALENDAR DAYS after receipt of the student’s appeal. The Owner's written decision shall include a
statement advising the student of the student's right to file a claim to the
PTIB within one year after the student has completed or was dismissed or
withdrew from the program. 3.05 After issuance of the Owner's written decision, the School’s
dispute resolution process will be considered exhausted. 3.07
If the Principal and the Owner are the one and same person,
the Principal's decision shall be deemed to be the Owner's decision. 3.08 PRIVATIVE CLAUSE: If the student is merely dissatisfied or
merely in disagreement with the Principal's decision or/and the Owner's
decision, the School's student dispute resolution process will be considered
exhausted after the Owner's decision, and there shall be NO appeal or review of
the Principal's decision, the Owner's decision, or the School's handling of the
student's complaint. 3.09 COMPLAINT TO PTIB: If the student is dissatisfied or in disagreement
with the Principal Decision or/and Owner's decision AND feels that he or she (the student) has been misled by the
School, the student may file a complaint with the Private Training Institutions
Branch (PTIB) despite the Privative Clause in Section 3.08.
4.01
If a student is dissatisfied with a grade received and
can provide evidence that a higher grade is warranted, he/she should discuss
with his/her instructor. The instructor
will reconsider the grade and, if warranted, assign a different grade. 4.02
If the student is not satisfied with the outcome of
his/her appeal to the instructor, he/she should submit a written appeal to the Principal. 4.03
The Principal will obtain a copy of the assignment/test
in question from the instructor and will have another instructor re-assess the
test. 4.04
If the student achieves a higher grade on
re-assessment, the higher grade will be assigned to the student. If the student achieves a lower grade on
re-assessment, the original grade will be retained. 4.05 If the instructor
who had issued the grade and the School's Principal are the one and same
person, the grade appeal decision by the instructor will be considered the
grade appeal decision of the Principal. 4.06
FINAL GRADE APPEAL: The grade appeal decision of the
Principal will be considered final and cannot be appealed to the School's
Owner, the PTIB or any other body. 4.07
The Principal's grade appeal decision
will be provided to a student within THIRTY (30) CALENDAR DAYS of the School's
receipt of the written appeal made by a student to the instructor who had
issued the grade. 5. REPRESENTATION BY AGENT OR LAWYER 5.01 The student making the complaint may be represented by an agent
or a lawyer. 5.02 A
student who is represented by an agent or a lawyer is solely responsible for
all expenses and costs related to use of an agent or a lawyer. 6. MISCELLANEOUS 6.01 Subject to the PRIVATIVE CLAUSE in Section 3.08 and the FINAL
GRADE APPEAL clause in Section 4.06, a student has ONE YEAR (12 months) after
the student has completed or was dismissed or withdrew from the student's
program to file a claim to the Private Training Institutions Branch (PTIB),
including a complaint to the PTIB to review a Principal's decision, an Owner's
decision, or the School's handling of the student's complaint.
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