Student Disciplinary Process

Overview of the CSI Student Disciplinary Process

CSI students agree to abide by the ethical standards established in the Student Code of Conduct. If it is alleged that a student violated the Student Code of Conduct, the allegation is referred to the CSI Student Ethics Review Coordinator. After reviewing the evidence as well as the student’s explanation of events, the case may be referred by the Student Review Coordinator to the CSI Student Ethics Committee.

The Student Ethics Committee reviews alleged violations of the Student Code of Conduct. If the committee determines that a breach of the Student Code of Conduct occurred, the student may be assessed a penalty. The student may appeal any decision of the Committee.

Role of the Student Ethics Review Coordinator (SERC)

The Student Ethics Review Coordinator (SERC) is a CSI staff member appointed by CSI. The CSI Student Disciplinary Process vests the SERC with the authority to collect relevant information on alleged violations. The SERC presents each case at the Student Ethics Committee meeting and coordinates appeal requests.

Composition and Purpose of the CSI Student Ethics Committee (SEC)

The CSI Student Ethics Committee (SEC) consists of between three (3) and seven (7) members and is comprised of CSI staff who are appointed by CSI. A minimum of three members of the Student Ethics Committee must be present to form a quorum at any committee meeting.

The purpose of the SEC is to consider alleged violations of the CSI Student Code of Conduct and to promptly, impartially and fairly determine if the code has been breached. The SEC considers all of the evidence presented, including any written explanations submitted by the student. The SEC decides, through a majority rules vote, if a violation of the Student Code of Conduct has occurred and, if so, determines an appropriate penalty.

Students do not appear before or participate in, the SEC meeting (other than by written submissions).

Conflict of Interest

A conflict of interest may impair the ability of the Student Ethics Review Coordinator and/or members of the Student Ethics Committee to act fairly and objectively. If the SERC concludes that he or she has a conflict of interest, a replacement SERC must be appointed by CSI to handle the matter. If any SEC member concludes that a conflict of interest exists, he or she will be excluded from hearing the case.

A conflict of interest may result from the SERC and/or any member of the SEC having (or appearing to have):

• a financial (or other) interest in the outcome; or
• a relationship (personal, professional or commercial) with the student

Cases Heard by the Student Ethics Committee

If it is determined by the SERC that the allegation falls within the scope of the Student Code of Conduct, the SERC will:

• Collect any additional information and/or evidence relevant to the allegation.
• Communicate with the student, advising of the allegation and requesting an explanation. The student must respond within fourteen (14) days; if no response is received, the Student Ethics Committee will convene and rule on the case without the benefit of the student’s explanation.
• Present the case to the Student Ethics Committee in an objective and unbiased manner.
• Send a letter to the student within fifteen (15) days of the Student Ethics Committee ruling. The letter will state the decision of the Student Ethics Committee, the reason for the decision, and any penalty that may be imposed.

Penalties for Misconduct

If, after considering the evidence of the alleged violation, including any explanation submitted by the student, the Student Ethics Committee is of the opinion that the student has violated the Student Code of Conduct, the SEC may impose a penalty. Penalties may include any one or any combination of the following:

Minor Penalties

• administer a written reprimand to the student
• demand a written apology from the student
• mark an exam down to a grade of zero
• mark an exam down to a grade of zero

Major Penalties

• suspend the student from the course enrolment for greater than six (6) months
• terminate the student from the course
• terminate the student from the course and prohibit re-enrollment in the course for a period of up to 3 years
• notify the student’s industry employer and/or the regulator and/or professional or designation granting organization of the violation
• enforce a lifetime ban from enrollment in any CSI courses
• impose any other measures deemed appropriate by the Student Ethics Committee

The following table, though not exhaustive or binding, illustrates the types of penalties that the Student Ethics Committee has administered in the past, based on violations of the Student Code of Conduct. Please note that the conduct and the severity of conduct are taken into account before determining the appropriate penalty:

Appealing the Decision of the Student Ethics Committee

If the SEC imposes a penalty, the student has the right to appeal the decision. Penalties are not enforced until the appeal process is completed.
The student may appeal on one or more of the following grounds:

• The SEC made a significant and material error regarding its interpretation of the facts or its application of policies or procedures.
• The student has material evidence that was not reasonably available at the time of the SEC meeting.
• The SEC gave insufficient reasons for its decision.
• The SEC imposed a penalty that is manifestly unreasonable in light of the facts.

Costs of the Appeal

Students are responsible for their own costs of the appeal, whether these be legal or travel or other such costs. Neither CSI nor a student is entitled to claim costs from the other party, regardless of the outcome of the appeal.

Filing an Appeal

The Student Ethics Review Coordinator will carry out the administrative and secretarial functions for student appeals.

To file an appeal, students must send their request for appeal to the Student Ethics Review Coordinator within thirty (30) days from the date the notice of the Student Ethics Committee decision is sent to the student. The request must state the grounds of appeal and relevant reasons why the SEC decision is not reflective of the situation and/or why the penalties imposed are unfair.

A student who files an appeal with reasonable grounds will be granted an appeal hearing with the CSI Director. Those present at the hearing will include the CSI  Director, a representative of the CSI Student Ethics Committee, the Student Ethics Review Coordinator, and the student who filed the appeal. The CSI Student Ethics Committee representative shall present the evidence upon which the Ethics Committee based its decision.

The hearing will take place via teleconference. The student shall be given no less than fourteen (14) days’ notice of the time, date and contact information for the hearing and the purpose of the hearing with details of the alleged violation and the decision of the Student Ethics Committee. Any documentation to support the appeal must be provided to the SERC no later than ten (10) days before the appeal hearing. No other documents will be allowed at the hearing. All hearings with the CSI Director are confidential.

Decision on Appeal by CSI Director

After affording all parties an opportunity to be heard, the CSI Director will confirm or vary the decision of the Ethics Committee and may exercise any of the powers granted to the Student Ethics Committee.

Any decision of the CSI Director shall be in writing and shall contain a concise statement of the reason for the decision. Copies of the decision and reasons shall be sent to the student within ten (10) days of the date of the hearing.

In the case of an appeal for a minor penalty, the CSI Director’s decision shall be final and there shall be no further appeal or review of the decision.

In the case of an appeal for a major penalty, where the student does not agree with the decision handed down by the CSI Director, the student may file a second appeal to an Appeal Panel comprised of individuals who work in the financial services industry. To file an appeal with the Appeal Panel, students must send their written request for appeal to the Student Ethics Review Coordinator within fourteen (14) days from the date the notice of the CSI Director’s decision is sent to the student.

Composition and Purpose of the Industry Appeal Panel

Members of the Appeal Panel are appointed by CSI. No employee of CSI may sit on the Appeal Panel. The Panel consists of between three (3) and five (5) members and is formed on an ad hoc basis only when an appeal is filed against rulings by the CSI Director. Members of the Appeal Panel must have at least one of the following qualifications:

• Holders of a CSI designation
• Employees of a relevant regulatory body
• Senior managers of CIRO member firms or other financial institutions
• Lawyer

An Appeal Panel Chair may be appointed by CSI to preside over the Appeal Panel Process.
The purpose of the Appeal Panel is to consider promptly, impartially and fairly any appeals against major penalty rulings made by the CSI Director.

Appeal Panel Process

Once the student appeals the decision of the CSI Director, the Student Ethics Review Coordinator advises the student of receipt of the appeal request. At this time the SERC also advises the holder that any further documentation to support the appeal must be provided to the SERC no later than ten (10) days before the appeal hearing.

Proceedings of the Appeal Panel are held by telephone conference or in-person at the discretion of the SERC. Participating persons are the Appeal Panel members, the student, a representative from the CSI Ethics Committee and the SERC. The parties to the hearing may be represented by counsel or agent at their option and expense.

At the beginning of the hearing, all participating persons must be present. The representative of the Student Ethics Committee presents the basis upon which the SEC and CSI Director came to their decision and major penalty or penalties. The student and/or his or her representative then present their case. The Appeal Panel members may ask questions to both parties.

Appeal Panel Deliberation and Ruling

Once all relevant information has been provided by the parties, the Appeal Panel (Panel Chair and the Panel members) will meet in private to deliberate. Each Appeal Panel member, with the exception of the Chair, votes and the ruling is based on the majority vote. In the case of a tie, the Chair breaks the tie.

The Appeal Panel either confirms or modifies the decision of the Student Ethics Committee. The Appeal Panel may impose any penalties available to the SEC, or any other penalty they feel is appropriate.

All decisions of the Appeal Panel are in writing and prepared by the Panel Chair. Copies of the decision and the reasons for the decision are sent to the CSI Student Ethics Review Coordinator within fifteen (15) days of the date of the decision and the student is notified.

The decision of the Panel shall take effect immediately. The Appeal Panel ruling is final and there are no further appeals or reviews of the decision.

Confidentiality

All proceedings and investigations are kept strictly confidential in nature. Exceptions to this confidentiality may only be made where required by law, where it is necessary to conduct the investigation into the relevant incident(s) or if the individuals participating have agreed to the release of information.

Definitions

Appeal Hearing
A proceeding to appeal a decision of the CSI Student Ethics Committee.

Appeal Panel
The panel of individuals chosen to hear an appeal for major penalties.

Days
Calendar days – All days of the year including weekends and statutory holidays.

SERC
CSI Student Ethics Review Coordinator – a CSI staff member appointed by CSI.