Registration Form and Enrollment Contract

Newbarry College of Business, Service and Technology does not guarantee employment for any student who successfully completes a vocational program offered by Newbarry College of Business, Service and Technology.

It is understood that fees are payable in accordance with the fees specified in this Enrolment Contract and all payments of fees shall become due forthwith upon a statement of accounting being rendered. Newbarry College of Business, Service and Technology reserves the right to cancel this Enrolment Contract if the undersigned student does not attend classes during the first 14 days of program begins. For information regarding cancellation of this Enrolment Contract and refunds of fees paid,

See sections 25 to 33 of O. Reg. 415/06 made under the Private Career Act, 2005.

The undersigned student is entitled to a copy of the signed contract immediately after it is signed.

The undersigned student hereby undertakes and agrees to pay the fees specified in this Enrolment Contract in accordance with the terms of this Enrolment Contract.

Student Declaration

I understand that this program will be delivered online or hybrid in-person/online. The
Private Career College has provided me with the following:

(Example for Subject # & Name: 1. Introduction to Programming)

I acknowledge that I received and understand the information provided by the private career college as required by the Superintendent’s policy directive for training programs with online and hybrid delivery formats and that if I have concerns that the private career college is not meeting those standards, I can file a complaint through the procedure outlined in my student contract.

Private career colleges in Ontario are regulated under the Private Career Colleges Act, 2005, which is administered by the Superintendent of Private Career Colleges. Prior to offering vocational programs to the public, private career colleges must be registered and have their programs approved under the Act. For a list of registered private career colleges and approved programs, please go to the Service Ontario website at www.serviceontario.ca/pcc.

Dealing With Your Private Career College

There may be times when you need to communicate formally with your private career college, for example, giving notice that you want to withdraw from a program and receive a refund of fees or if you have a complaint against the college. When this is the case, you should do so in writing and the document should be delivered personally to the college, sent by courier or registered mail, or faxed or emailed to the appropriate official at the college. You should keep copies of any written documents between you and the college.

Contact

When you enrol in a program, you must sign and receive a written contract. The private career college is not allowed to require you to obtain a product or service as a condition of admission into the program. For example, a private career college may not require you to purchase a laptop computer from the college prior to enrolling you in a vocational program.

The written contract must contain all of the following terms:

• the approved program name;
• your address, telephone number and, if applicable, e-mail address;
• the start and expected end date;
• the language of instruction;
• the admission requirements;
• a schedule of hours of instruction;
• the location of instruction, and if instruction is provided online, the website address;
• the location of any additional training location and/or practicum (e.g., work placement), and if additional training and/or a practicum is provided online, the website address;
• the fees in Canadian dollars and a schedule indicating the time and amount of each payment;
• a place for you to acknowledge that you have received a copy of:

- this Statement of Students’ Rights and Responsibilities issued by the Superintendent of Private Career Colleges,

- the college’s fee refund policy,

- the college’s student complaint procedure,

- the college’s sexual violence policy, and

- the college’s policy relating to the expulsion of students;

• a consent section for the collection and use of your private information; and
• statements, in bold, that:

- the contract is subject to the Private Career Colleges Act, 2005 and the regulations made under the Act,

- the private career college does not guarantee employment for any student who successfully completes a vocational program offered by the college; and

- you are entitled to a copy of the signed contract immediately after it is signed.

Fee Collection

A private career college is only allowed to charge or collect fees for a program in Canadian dollars. Furthermore, the college is not allowed to charge or collect any compulsory fee for a program that is not published on the ServiceOntario website or that is higher than what is published. The college is also not allowed to charge or collect any optional fee for a program that is not approved by the Superintendent of Private Career Colleges.

Before a contract is signed, a private career college is prohibited from collecting any fees from you, except 20% of the total fees for the program or $500, whichever is less. These fees must be in relation to processing your application or conducting any admission tests or assessments and must be disclosed in your contract.

A private career college is required to issue you a receipt every time you pay a fee. You should keep all receipts on file.

Sale of Students’ Goods and Services

A private career college is only permitted to sell goods you produce or create, provide your services to the public or arrange for the delivery of such services if the sale is part of completing your program. The college cannot profit from these sales; it can only charge an amount that allows the college to recover its cost.

Fee Refund

A private career college is required to issue a fee refund within 30 days of you giving a written notice of cancellation or withdrawal or 30 days of you receiving a written notice of expulsion from the college. If you do not meet the admission requirements at the time the program begins, the college is required to issue you a refund of fees within 30 days of the start of the program. If you do not attend the first 14 days of classes, the college can cancel the contract and must issue a refund within 45 days of the start of the program.

Only the compulsory fees published on the ServiceOntario website or the optional fees approved by the Superintendent of Private Career Colleges are covered by the refund policy. You must return any goods you received under a contract in the same state they were in when supplied to you within 10 days of withdrawing in order to get credit for them. All refunds must be in Canadian dollars.

A private career college is prohibited from deducting any monies owed by you for other services or non-vocational programs offered by the college from a refund that you are entitled to for a vocational program.

The same refund policy applies when you withdraw from a program or are expelled from a private career college in accordance with the college’s expulsion policy or sexual violence policy.

Cooling Off Period

You can cancel a contract within two days of signing it if you deliver a written notice to a private career college at the address shown on the contract. You are entitled to a full refund of fees paid for the program, including any application fee, from the college.

Full Refund

In any of the following circumstances, you have a choice of cancelling a contract and making a written request for a full refund of fees paid for a program or accepting the shortcoming and continuing your training with the private career college:

• the college collects any fees for the program before the college is registered or before the program is approved under the Private Career Colleges Act, 2005 ;
• you are expelled from the college in a manner or for reasons not permitted under the college’s expulsion policy or sexual violence policy;
• the college collects more than 20% of the total fees for the program to a maximum of $500 before signing a contract with you;
• a total of more than 10% of the program is taught by unqualified instructors;
• the contract does not include all the mandatory terms required (refer to the “Contract” section); or
• the college, while still operating, discontinues the program before you can complete the program.

In addition, you also may seek a full refund if a private career college or its representative makes certain types of untrue statements for the purposes of convincing you to enrol in the program and the statements constitute a fundamental breach of the contract. The categories of inappropriate statements include: a false or misleading statement, a statement that guarantees admission to or successful completion of the program, employment after graduation or the right to enter Canada or receive a visa.

If you do not make a request for a full refund within a reasonable time of finding out about the shortcoming, you may lose your right to make a claim for a refund.

If a private career college charges or collects any compulsory fee that is not published on the ServiceOntario website or that is higher than what is published, you are entitled to a full refund of the unpublished fee or the difference in amount between what is published and what was collected. The same applies if the college charges or collects any optional fee that is not approved by the Superintendent of Private Career Colleges.

Partial Refund Before a Program Begins

You are entitled to a refund of fees paid for a program, except that a private career college is allowed to retain 20% of the total fees for the program or $500, whichever is less if:

• you withdraw from the program before it begins;
• you do not meet the program’s admission requirements before the program begins; or
• the college cancels the contract for the program within 45 days of the start of the program because you do not attend the first 14 days of classes.

Partial Refund After a Program Begins

If you withdraw from a program after the program begins, you may be entitled to a refund of fees paid for the program, depending on how much of the program has been delivered by a private career college. In most cases, the college is allowed to retain 20% of the total fees for the program or $500, whichever is less, plus the fees paid with respect to the portion of the program that has been delivered by the college.

Transcript

You have the right to access your transcript for 25 years after you leave a private career college. You may request a copy of your transcript by contacting your college.

In the event of a private career college closure, you will be able to access your transcript from an approved third party transcript issuer. It is suggested that you ask your college for the name of the third party issuer when you graduate.

Credential

A private career college is required to issue you a credential (diploma or certificate) within 60 days of completing a program. The college does not have to issue your credential until you have paid your fees in full.

Student Complaint Procedure

All private career colleges are required to have a student complaint procedure in place to resolve issues arising between the college and its students.

You must first go through a private career college’s student complaint procedure before filing a complaint with the Superintendent of Private Career Colleges. A Student Complaint Form for a complaint to the Superintendent can be downloaded from the ServiceOntario website at www.forms.ssb.gov.on.ca.

Sexual Violence Policy and Accommodation

All private career colleges are required to have a stand-alone policy to address sexual violence and harassment involving students. In addition, all private career colleges must, without fee, appropriately accommodate the needs of students affected by sexual violence or harassment.

The sexual violence policy must be included in every enrolment contract between a student and a private career college and it must be published on each private career college’s website or, where the private career college does not have a website, posted in a conspicuous location at each campus of the private career college.

At a minimum the policy must:

• provide information about supports and services available at the college or through its agent for students affected by sexual violence or harassment;
• contact to obtain supports and services;
• provide information about supports and services in the community for students affected by sexual violence or harassment;
• inform students that the college will appropriately accommodate the needs of students affected by sexual violence or harassment and identify the specific official, office or department at the college that students should contact for accommodation;
• inform students that they are not required to report an incident of, or make a complaint about, sexual violence or harassment to obtain supports, services, or accommodation; and
• set out a process for responding to and addressing incidents and complaints of sexual violence and harassment that includes the elements specified in the regulations under the Private Career Colleges Act, 2005 .

Every private career college student who experiences sexual violence or harassment has the right to be treated with dignity, compassion, and respect. In addition, every student has the right to choose among the available options for addressing incidents of sexual violence or harassment, whether those options are provided on campus or off. Except in extreme situations, where there is an imminent threat to the campus or broader community, the choice of options (including the choice not to exercise any option) always remains with you, the student.

International Students

If you are attending or planning to attend a private career college under a student visa, some special rules apply.

Fee Collection

You should make sure that you are familiar with the rules mentioned in the “Fee Collection” section. A private career college is allowed to charge special international student fees in relation to a vocational program but these fees cannot be higher than what are published on the ServiceOntario website. Only the compulsory fees published on the ServiceOntario website or the optional fees approved by the Superintendent of Private Career Colleges are covered by the refund policy.

After you sign a contract, a private career college is allowed to collect no more than 25% of the total fees for a program from you before the program begins. Some private career colleges are required to hold the money in a trust account until you begin the program. You should ask your college for details of its trust fund arrangement when you pay your fees.

Fee Refund

You can cancel a contract with a private career college or withdraw from a program for any reasons. The same refund policy for domestic students also applies to you and any written notice of cancellation or withdrawal is acceptable.

In addition, a special rule applies to international students if you are unable to obtain a student visa to enter Canada. As long as you deliver a written notice of this fact to a private career college before half of the portion of a program has passed, you are entitled to a refund of fees paid for the program, except that the college is allowed to retain 20% of the total fees for the program or $500, whichever is less.

Insurance

Every private career college is required to have insurance in case you have an accident in class or while on an offsite placement. If you are injured while attending a private career college, you should immediately inform the relevant official at the college.

Midway Evaluation

If you enrol in a program that is 12 months or shorter or that is delivered over an undefined period of time (e.g., trucking), a private career college is required to provide you with the result of at least one evaluation of your progress before you complete half of the total length of the program. If your program is longer than 12 months, for each 12-month period, the college is required to provide the result of at least one evaluation before you complete half of the period, i.e., 6 months.

Qualified Instructors

You are entitled to be taught by an instructor who holds the required combination of academic, practical and teaching experience. In case of emergency, a private career college is allowed to use a substitute instructor who is not fully qualified. However, the college is not allowed to use unqualified instructors to teach a total of more than 10% of a program.

Closure

Special rules apply when a private career college closes. If your college closes before you finish your program, efforts will be made to arrange for you to complete your program. Instead of participating in a training completion, you may choose to receive a refund of fees paid for the portion of the program that has not been delivered.

For more information about your rights and responsibilities in the event of the closure of your private career college while you are enrolled as a vocational student, please see the Superintendent’s FACT SHEET #5: Training Completion Assurance Fund (TCAF) — Information for Students: Private Career College Closure at www.tcu.gov.on.ca/pepg/audiences/pcc/factsheet5.html.

You can find more detailed information about student protection measures in the Private Career Colleges Act, 2005 Facts Sheets, including information about fee refund calculation. All Fact Sheets can be downloaded from the Ministry of Training, Colleges and Universities website at www.tcu.gov.on.ca/pepg/audiences/pcc/.

If you have questions about the Private Career Colleges Act, 2005 and regulations, contact the Private Career Colleges Branch at:

Private Career Colleges Branch

Ministry of Training, Colleges and Universities

77 Wellesley Street West

Box 977

Toronto (Ontario) M7A 1N3

 

Telephone: (416) 314-0500 ou 1-866-330-3395

Fax: (416) 314-0499

E-mail: pcc@ontario.ca

OR

Visit our website at: www.tcu.gov.on.ca/pepg/audiences/pcc/

Full refunds

25. (1) A private career college shall refund all of the fees paid by a student under a contract for the provision of a vocational program in the following circumstances:

1.  The  contract  is  rescinded  by  a  person  within  two  days  of  receiving  a  copy  of  the contract in accordance with section 36 of the Act.

2.  The  private  career  college  discontinues  the  vocational  program  before  the  student completes the program, subject to subsection (2).

3. The private career college charges or collects the fees,

i. before the registration was issued for the college under the Act or before the vocational program was approved by the Superintendent, or

ii. before entering into a contract for the provision of the vocational program with the student, unless the fee is collected under subsection 44 (3).

4.  The  private  career  college  expels  the  student  from  the  college  in  a  manner  or  for reasons that are contrary to the college’s expulsion policy.

5. The private career college employs an instructor who is not qualified to teach all or part of the program under section 41.

6. The contract is rendered void under subsection 18 (2) or under section 22.

7. If a private career college fails to, or does not accurately, provide in the itemized list provided to the Superintendent under section 43 a fee item corresponding to a fee paid by a student for the provision of a vocational program, the college shall pay the student,

i. in the case of an item not provided by the college, the full amount of the fee for the item, and

ii. in the case of a fee in excess of the amount of the fee provided for the item, the  difference  between  the  amount  of  the  fee  for  the  item  provided  to  the Superintendent and the fee collected.

(2) A full refund is not payable in the circumstances described in paragraph 2 of subsection (1) if the discontinuance of the vocational program coincides with the private career college ceasing to operate.

(3) A refund is not payable under paragraphs 1 to 6 of subsection (1) unless the student gives the private career college a written demand for the refund.

(4) A refund under subsection (1) is payable by the private career college within 30 days of the day the student delivers to the college,

(a) in the case of a rescission under section 36 of the Act, notice of the rescission; or

(b) in the case of a refund under paragraphs 2 to 6 of subsection (1), a written demand for the refund.

Partial refund where student does not commence program

26. (1) If a student is admitted to a vocational program, pays fees to the private career college in respect  of  the  program  and  subsequently  does  not  commence  the  program,  the  college  shall refund part of the fees paid by the student in the following circumstances:

1. The student gives the college notice that he or she is withdrawing from the program before the day the vocational program commences.

2. In the case of a student who is admitted to a vocational program on the condition that the   student   meet   specified admission   requirements   before   the   day   the   program commences, the student fails to meet the requirements before that day.

3. The student does not attend the program during the first 14 days that follow the day the program  commenced  and  the  college  gives  written  notice  to  the  student  that  it  is cancelling the contract no later than 45 days after the day the program has commenced.

(2)  The  amount  of  a  refund  under  subsection  (1)  shall  be  an  amount  that  is  equal  to  the  full amount paid by the student for the vocational program, less an amount equal to the lesser of 20 per cent of the full amount of the fee and $500.

(3)  A refund under subsection (1) is payable,

(a) in the case of a refund under paragraph 1 of subsection (1), within 30 days of the day the student gives notice of withdrawing from the program;

(b) in the case of a refund under paragraph 2 of subsection (1), within 30 days of the day the vocational program commences; and

(c) in the case of a refund under paragraph 3 of subsection (1), within 45 days of the day the vocational program commences.

(4)  For  the  purposes  of  paragraph  3  of  subsection  (1),  it  is  a  condition  of  a  contract  for  the provision of a vocational program that the private career college may cancel the contract within 45 days of the day the vocational program commences if the person who entered the contract with the college fails to attend the program during the 14 days that follow the day the vocational program commences.

(5) A private career college that wishes to cancel a contract in accordance with subsection (4) shall give written notice of the cancellation to the other party to the contract within 45 days of the day the vocational program commences.

Partial refunds: withdrawals and expulsions after program commenced

27.  (1)  A  private  career  college  shall  give  a  student  who  commences  a  vocational  program  a refund  of  part  of  the  fees  paid  in  respect  of  the  program  if,  at  a  time  during  the  program determined under subsection (3),

(a) the student withdraws from the program after the program has commenced; or

(b)  the  student  is  expelled  from  the  program  in  circumstances  where  the  expulsion  is permitted under the private career college’s expulsion policy.

(2) This section does not apply to vocational programs described in sections 28 and 29.

(3) A private career college shall pay a partial refund under this section only if the withdrawal or expulsion  from  the  vocational  program  occurs  at  a  time  during  the  program  determined  in accordance with the following rules:

1.  In  the  case  of  a  vocational  program  that  is  less  than  12  months  in  duration,  the withdrawal or expulsion occurs during the first half of the program.

2. In the case of a vocational program that is 12 months or more in duration,

i. for the first 12 months in the duration of the program and for every subsequent full 12 months in the program, the withdrawal or expulsion occurs during the first six months of that 12-month period, and

ii. for any period in the duration of the vocational program remaining after the last 12-month  period  referred  to  in  subparagraph  i  has  elapsed,  the  withdrawal  or expulsion occurs in the first half of the period.

(4)  If  the  student  withdraws  or  is  expelled  from  a  vocational  program  within  the  first  half  of  a period referred to in subsection (3), the amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,

(a) an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and

(b) the portion of the fees in respect of the portion of the period that had elapsed at the time of the withdrawal or expulsion.

(5) If the student withdraws or is expelled from a vocational program during the second half of a period referred to in subsection (3), the private career college is not required to pay the student any refund in respect of that period.

(6) A private career college shall refund the full amount of fees paid in respect of a period that had not yet commenced at the time of the withdrawal or expulsion.

Partial refunds: distance education programs

28. (1) This section applies to a vocational program that is offered by mail, on the internet or by other similar means.

(2) A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if,

(a) the student withdraws from the program or the student is expelled from the program in circumstances  where  the  expulsion  is  permitted  under  the  private  career  college’s expulsion policy; and

(b) at the time of the withdrawal or expulsion, the student has not submitted to the private career college all examinations that are required in order to complete the program.

(3) The amount of the refund that a private career college shall give a student under subsection

(1) shall be determined in accordance with the following rules:

1.  Determine  the  total  number  of  segments  in  the  vocational  program  for  which  an evaluation is required

2. Of the total number of program segments determined under paragraph 1, determine the  number  of  segments  in  respect  of  which  an  evaluation  has  been  returned  to  the student.

3. The amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,

i. an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500, and

ii. the portion of the fees in respect of the number of segments determined under paragraph 2.

(4) A private career college is not required to give a student any refund if the student, at the time of withdrawal or expulsion, has been evaluated in respect of more than half of the total number of segments in the program.

Partial refunds: non-continuous programs

29.  (1)  This  section  applies  to  a  vocational  program  approved  by  the  Superintendent  to  be provided through a fixed number of hours of instruction over an indeterminate period of time.

(2) A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if, before completing the required number of hours of instruction,

(a)  the  student  has  given  the  college  notice  that  he  or  she  is  withdrawing  from  the program; or

(b)  the  student  is  expelled  from  the  program  in  circumstances  where  the  expulsion  is permitted under the private career college’s expulsion policy.

(3) The amount of the refund that a private career college shall give a student under subsection

(1) shall be equal to the full amount of the fees paid in respect of the program less,

(a) an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and

(b) a portion of the fees in respect of the program that is proportional to the number of hours of instruction that have elapsed at the time of the withdrawal or expulsion.

(4) A private career college is not required to give a student any refund if the student, at the time of  withdrawal  or  expulsion,  has  completed  more  than  half  of  the  required  number  of  hours  of instruction in a program.

No retention of refund

30. A private career college shall not retain, by way of deduction or set-off, any refund of fees payable to a student under sections 25 to 29 in order to recover an amount owed by the student in respect of any service or program other than a vocational program offered by the private career college.

Treatment of books and equipment

31. In calculating a refund under sections 25 to 29, a private career college may retain the retail cost of books or equipment that the private career college supplied to the student if the student,

(a) fails to return the books or equipment to the private career college within 10 days of the student’s withdrawal or expulsion from the program, or

(b) returns the books or equipment to the private career college within the 10-day period referred to clause (a), but fails to return it unopened or in the same state it was in when supplied.

Refund for international students

32. A notice to a private career college that is provided by or on behalf of an international student or of a prospective international student and that states that the student has not been issued a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) is deemed to be,

(a) notice of a rescission of the contract for the purposes of section 36 of the Act if the notice is given within two days of receiving a copy of the contract; and

(b) notice that the student is withdrawing from the program for the purposes of paragraph 1 of subsection 26 (1) or clause 29 (2) (a) if the notice is received on or before half of the duration of the program has elapsed.

Currency

33. Any refund of fees that a private career college is required to pay under the Act shall be paid in Canadian dollars.

Private career colleges (PCCs) must be registered under the Private Career Colleges Act, 2005, which  is  administered  by  the  Superintendent  of  Private  Career  Colleges.  The  Act  protects students  by  requiring  PCCs  to  follow  specific  rules  on,  for  example,  fee  refunds,  training completions if the PCC closes, qualifications of instructors, access to transcripts and advertising. It also requires PCCs to publish and meet certain performance objectives that may be required by the Superintendent for their vocational programs. This information may be used by other students when  they  are  deciding  where  to  obtain  their  training.  The  consent  set  out  below  will  help the Superintendent to ensure that current and future students receive the protection provided by the Act.

I understand that I can refuse to sign this consent form and that I can withdraw my consent at any time for future uses of my personal information by writing to Administration Office of Newbarry College of Business, Service and Technology. I understand that if I refuse or withdraw my consent the Superintendent may not be able to contact me to inform me of my rights under the Act or collect information to help potential students make informed decisions about their educational choices.

For programs approved for student loan purposes, the Payment Schedule may be completed at the time of the receipt of the Canada-Ontario Integrated Student Loans Certificate of Loan/Grant Approval and Eligibility. It must be attached to the original contract.

1.  Payments prior to signing contract                                                CAD$300.00

 

2.  Payments after signing contract

       Date                                     Amount due

The undersigned student hereby undertakes and agrees to pay, or see to payment of, the fees indicated above in accordance with the terms of this Enrolment Contract.

General Guidelines:

1.      Statements of complaint must be made in writing.

2.      All complaints are confidential.

3.      The procedure outlined below must be followed. 

4.      A staff presented with a verbal complaint will ask the student to follow the procedure and remind the student of the written complaint requirement

5.      The Administrator will also ask for a copy of any written response(s) from those already contacted by the student in accordance with the procedure.

6.      Arrangements for meetings and written responses from the person being complained about will be made in a timely and professional fashion.  No complaint will go unanswered.

7.      Records of Complaints will be maintained at the location where they originated for a period of at least three years. 

 

Complaint Procedure:

Step 1.

The student will request a meeting with the Instructor responsible for the course to discuss the complaint verbally.

If not resolved at this level, the student will proceed to Step 2.

Step 2.

The student will submit a completed written complaint to the Administrator, using the following contact information:

Name:  Shirley Luo

Title：Administrator

Address for contact:   55 Town Center Court #700, Scarborough, ON M1P 4X4

Phone number:  416-230-1816

Email address:  info@newbarryc.com

The Administrator will arrange a meeting with the student within 3 business days of receipt of the written complaint.

The student will have an opportunity to make an oral presentation of the complaint at this meeting and to have another person present or another person make the oral presentation on his/her behalf. This meeting discussion will be minuted.

The Administrator will provide a written response to the student, outlining the discussion and any proposed and/or agreed upon solution(s) within 7 days of the meeting.  This response will include a decision statement, together with the reasons on which the decision is based and minutes of meetings held.

If not resolved at this level, the student will proceed to Step 3.

Step 3.

The student will submit a completed written complaint to the Executive Director, using the contact information:

Name:  Guiying Chen

Title ：Executive Director

Address for contact:   55 Town Center Court #700, Scarborough, ON M1P 4X4

Phone number:  416-230-1816

Email address:  info@newbarryc.com

The Executive Director will arrange a meeting with the student within 4 business days of receipt of the written complaint (which should include the Administrator’s response with recommended solutions and the student’s objections or comments regarding these solutions.)

The student will have an opportunity to make an oral presentation of the complaint at this meeting and to have another person present or another person make the oral presentation on his/her behalf. This meeting will be minuted.

The Executive Director will provide a written response to the student, outlining the discussion and any proposed and/or agreed upon solution(s) within 5 business days of the meeting.  This response will include a decision statement, together with the reasons on which the decision is based and minutes of meetings held.

If not resolved at this level, the student will proceed to contact the Superintendent of Private Career Colleges, Ministry of Training, Colleges and Universities, by accessing the complaint process in the PARIS database system at http://www.tcu.gov.on.ca/pepg/audiences/pcc/paris-reference-guide-for-students.pdf

Superintendent of Private Career Colleges

Ministry of Training, Colleges and Universities

77 Wellesley Street West, Box 977

Toronto, ON M7A 1N3

Newbarry College of Business,Service and Technology will take reasonable and necessary steps to ensure students have the opportunity to successfully complete their programs. The College has a commitment to ensure that within this general framework all students are treated fairly and equally. Students who do not support the academic and ethical policies of the College may be subject to penalties, up to and including expulsion.

Newbarry College will attempt to resolve a situation without expulsion through verbal warnings, written warnings and suspension may precede as the final and most serious action. Expulsion may be applied at the College’s discretion at any point in the process, if an action is deemed dangerous to the integrity, safety or well-being of students, staffs, clients, visitors, and other guests.

In conjunction with this policy, the College will ensure that students are aware of its code of conduct, academic policy, and attendance policy.

The following outlines the conditions under which a student may be expelled with cause:

1. Academic Dishonesty – students may be subject to expulsion at the discretion of the College for academic dishonesty. Academic dishonesty is any word, action or deed performed alone, or with others for the direct or indirect intention of providing an unfair advantage or benefit to self or other student(s) including:

a.      Cheating

b.      Plagiarism

c.      Unapproved collaboration

d.      Alteration of records

e.      Bribery

f.       Dishonesty

g.      Misrepresentations

 

2. Outstanding Fees – failure to pay overdue accounts owing to the College within the specified period may be grounds for expulsion after a written warning has been given.

 

3. Code of Conduct - all students are required to adhere to the College’s code of conduct. Where the violations do not have the potential to result in physical harm to persons or property, the College may expel a student who has received a suspension for any failure to comply and has since violated any of the terms of the College’s code of conduct. Students who are found under the influence of drugs and/or alcohol or carrying weapons will be subject to immediate expulsion.

 

4. Significant Omissions or Falsehoods in Admissions Documentation – the College has a responsibility to ensure students meet the registration requirements for the program. Students who knowingly misrepresent their applications are subject to immediate expulsion.

 

5. Academic Failure – students who fail to achieve the required academic standing in their programs may be expelled from the program. The College may at its discretion offer alternatives to a student and these are outlined in the academic policies for the program of study.Ifa student have more than 3 subjects below 50% of the passing mark, the student may be expelled from the College. 

 

6. Attendance – students who do not achieve the required attendance as stated in school policy are subject to expulsion.Students who are continuously absent for 10 hours or more in a course of 20 hours a week without a notice or reason may be expelled.

 

7. Harassment or Discrimination – the College does not condone harassment or discrimination of any form to students, staffs, clients or visitors of the College. Students participating in harassing or discriminatory activities that are racial, sexual, or pertaining to sexual orientation in nature may be subject to immediate suspension depending on the severity of the activity and pending investigation. Any student who is deemed by the investigation to have engaged in harassment or discriminatory activities will be expelled.

In determining what constitutes harassment or discrimination, the College refers to The Ontario Human Rights Code. Students requiring more specific information may refer to the specific code as posted on the Provincial web site (http://www.ohrc.on.ca/english/code/index.shtml).

 

8. Misuse of Property – College property is for the provision of College services. Students who damage, misuse, steal or otherwise use the property in a way that is prohibited may be expelled and required to make restitution.

 

9. Endangerment of Staff or Students – the College is committed to the safety of all College staffs, students, clients and visitors. Students who by action or neglect in any way endanger the safety of themselves or others may be expelled.

Prior to expulsion, depending on the severity and nature of the situation, the College may take intermediate steps at its discretion including:

a.       verbal warning

b.       written warning

c.       suspension

d.       expulsion

 

Notification:

Students who are subject to expulsion for any reason will be notified in writing, either hand delivered or by registered mail with return receipt. The College is not responsible for non-delivery by registered mail if the student has not provided a valid home address where the student currently resides.

The notification will contain a description of the basis for expulsion and the effective date. Expelled students who dispute the facts of the expulsion must appeal the decision in writing within one week of the notification. Students mustfollow the complaint procedure of the College and must provide sufficient proof to support their claim.

A student, whose expulsion is upheld after having followed the college’s student complaint and appeal procedure, may file a further appeal through the complaints process to the Ministry of Training, Colleges and Universities, provided the student is attending a program approved under the Private Career Colleges Act, 2005.

If a student's appeal is successful, he/she will be reinstated as part of the internal College or Ministry appeal processes. The college will arrange the student to make up the lost time that he/she had missed since the date of expulsion specified in the written notification.

Fees

Settlement of student’s accounts, for students that have been expelled, will be completed under the College’s Fee Refund Policy, using the effective date of expulsion as the final day of attendance in their program of study.

Return of Property

A student who was expelled is responsible for the return of any College property in his/her own possession within 10 days of the expulsion and will be held financially responsible for any property not returned in good condition or as outlined in the student contract.The College may deduct from the student’s fee refund, as set out in the enrolment contract, and anyamount owing by the student with respect to such property.

1.      Sexual Violence Policy：

Newbarry College of Business, Service and Technology is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect.

Newbarry College of Business, Service and Technology has adopted this Sexual Violence Policy, which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence made by its students that have occurred on its campus, or at one of its events and involves its students.

The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.

2.      Scope

 The Policy applies to complaints of sexual violence that have occurred on our career college campus or at a one of our events and involve our students.

3.      Definition of Sexual Violence

3.1  Sexual Violence - Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

3.2  Sexual Assault - A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.

4.      Consent

The voluntary and explicit agreement to engage in the sexual activity is in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:

• Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent.
• A person is incapable of giving consent if asleep, unconscious or otherwise unable to communicate.
• A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
• A person who is drugged is unable to consent.
• A person is usually unable to give consent when under the influence of alcohol and/or drugs.
• A person may be unable to give consent if they have a mental/cognitive disability that prevents them from fully understanding the sexual acts.
• The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
• A person can withdraw consent at any time during the course of a sexual encounter.
• A person is incapable of giving consent to a person in a position of trust, power, or authority such as a faculty member initiating a relationship with a student whom they teach, or an administrator in a relationship with anyone who reports to that position.
• Consent cannot be given on behalf of another person. It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor.

 

5.      Training, Reporting and Responding to Sexual Violence

5.1  Newbarry College of Business, Service and Technology Shall include a copy of the Sexual Violence Policy in every contract made between it and its students, and provide a copy of the Sexual Violence Policy to career college management (corporate directors, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students. *Any company participating in offering student internships on their premises must provide an undertaking in writing that it is in compliance with all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.

5.2  The Sexual Violence Policy shall be published on its website

5.3  Career college management, instructors, staff, other employees and contractors of Newbarry College of Business, Service and Technology) will report incidents of or complaints of sexual violence to the Newbarry College of Business, Service and Technology Executive Director upon becoming aware of them.

5.4  Students who have been affected by sexual violence or who need information about support services should contact the Newbarry College of Business, Service and Technology Executive Director.

5.5   Subject to Section 6 below, to the extent it is possible, Newbarry College of Business, Service and Technology will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk. This will be done by:

a)      Ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and

b)      Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.

5.6  Newbarry College of Business, Service and Technology recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur.

5.7  Notwithstanding 5.6, in certain circumstances, Newbarry College of Business, Service and Technology may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is at risk.

5.8  In all cases, including 5.6 above, Newbarry College of Business, Service and Technology will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the Newbarry College of Business, Service and Technology Executive Director.

5.9  In this regard, Newbarry College of Business, Service and Technology will assist students who have experienced sexual violence in obtaining counseling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1 attached hereto. Students are not required to file a formal complaint in order to access supports and services.

 

6.      Investigating Reports of Sexual Violence

6.1  Under this Sexual Violence Policy, any student of Newbarry College of Business, Service and Technology may file a report of an incident or a complaint to the Newbarry College of Business, Service and Technology Executive Director in writing. At least one College Administrative staff member and the Campus Director will be involved in the investigation.

6.2  Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Newbarry College of Business, Service and Technology Executive Director will respond promptly and:

a)      determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;

b)      determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;

c)      determine whether the incident should be referred immediately to the police;

In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Newbarry College of Business, Service and Technology may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

d)      determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate method of providing necessary course studies.

6.3  Once an investigation is initiated, the following will occur:

a)      the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;

b)       interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;

c)      informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation;

d)      interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;

e)      providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and

f)       following the investigation, the Newbarry College of Business, Service and Technology Executive Director will:

- review all of the evidence collected during the investigation;

- determine whether sexual violence occurred; and if so

- Determine what disciplinary action, if any, should be taken as set out in Section 7 below.

 

7.      Disciplinary Measures

If it is determined by Newbarry College of Business, Service and Technology that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including termination of employment of instructors or staff or expulsion of a student.

In cases where criminal proceedings are initiated, Newbarry College of Business, Service and Technology will assist police agencies, lawyers, insurance companies, and courts to the fullest extent. Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence Newbarry College of Business, Service and Technology may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

 

8.      Making False Statements

It is a violation of this Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint. Individuals who violate this Policy are subject to disciplinary and / or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

 

9.      Reprisal

It is a violation of this Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

 

10.  Review

This policy will be reviewed 3 years after it is first implemented.

Appendix 1

Community Resources available include:

Toronto Oasis Centre des Femmes Telephone 416-591-6565: or Toronto Rape Crisis Centre: Multicultural Women Against Rape Crisis: 416-597-8808 Office

 

Canadian Association of Sexual Assault Centers Ontario Provincial English

Assaulted Women’s Helpline Toll Free: 1-866-863-0511 #SAFE (#7233) on Bell, Rogers, Fido or Telus mobile TTY: 416-364-8762 Telephone toll-free: 1-877-336-2433 ATS: 1 866 860-7082

 

Women in Crisis 1-877-268-8380 705-268-8381 Toronto Multicultural Women Against Rape/Toronto Rape Crisis Centre (416) 597-8808 416-597-1171

I certify that I have read and understood this Enrolment Contract.