Student Rights Decoded: Understanding Legal Frameworks in Education
Unravel the complexities of student rights in post-secondary education institutions, exploring the legal foundations and sources of these rights. Delve into the interplay of contractual, human, and protected rights shaping student experiences.
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Canadian Association of Allied Health Programs May 21, 2015 A Different Way To Think About Your Student Issues Michael Sondermann Associate Registrar/Director Student Services SAIT Polytechnic
A Disclaimer! I m not your lawyer. I m not giving you legal advice. I m just trying to give you something to think about. Please consult your institution s legal counsel for legal advice.
My Thesis: If we approach all student issues in terms of policies, are we necessarily missing something? Yes, because students have more rights than just those given to them by policy.
Where Do Student Rights Come From? Functionally Dependent Rights Institution Specific Inherent Rights Charter Rights Charter Rights Human Rights Policy Contractual
Contractual Rights Upon a student being accepted into a post- secondary program and paying tuition, a contractual relationship is formed between the student and the institution - Rittenhouse-Carlson v. Portage College, 2009 ABQB 342 Q: What are the terms of this contract?
Human Rights All human beings are born free and equal in dignity and rights The underlying principle .. is the recognition of the individual worth and dignity of every person - Manitoba Human Rights Commission
Protected Human Rights Protected rights are outlined in provincial legislation. All provinces protect against discrimination based on: Race Religion Gender Religious beliefs Disability (physical or mental) Age
The Charter Only government requires to be constitutionally shackled to preserve the rights of the individual - McKinney v University of Guelph, 1990 CanLII 60 SCC Q: Are post secondary institutions government ?
What the Charter Protects Fundamental Freedoms Freedom of expression, religion, belief Legal Rights Life, liberty, security Unreasonable search and seizure Arbitrary detention or imprisonment Equality Rights Equal treatment before and under the law
Food For Thought A student comes to you to appeal an F grade. He shows you your website and the course outline. Both say that students who take the course will learn certain concepts. He says he didn t learn them and that your institution mislead him. Did you?
More Food For Thought A student with a severe learning disability has received accommodations throughout their educational career. The student fails her practicum. The student comes to you saying her failure is due to discrimination based on her disability. What factors go into your decision about how to resolve this?
Were Almost There Students in one of your programs begin a Facebook page. One day you see a post with the following message and it has your name on it. Many students like the post and agree that you do indeed suck. You have a Code of Conduct that says students are held to the highest standard of communication and professionalism. Can you discipline the students for the post and the likes?
And Finally: Instead of telling you you suck you see this posted on Facebook and it s directed towards you. Does this change the answer you gave on the previous slide?
Contact Info Michael Sondermann Associate Registrar/Director Student Services SAIT Polytechnic 403.284.8263 michael.sondermann@sait.ca
