As a resident of University housing, you are under the jurisdiction of the Department of Residence (DOR) and the guidelines published in the Student Disciplinary Regulations. Sanctions imposed by DOR staff or the Office of Student Conduct (OSC) are binding.
Student rights within the DOR conduct process:
- Right to receive a written notice of the alleged DOR conduct violation;
- Right to a DOR student conduct hearing;
- Right to be present at the hearing;
- Right to present documentary, testimonial or physical evidence at the hearing;
- Right to remain silent during the hearing;
- Right to have an advisor(s) present at the hearing;
- Right to receive notice of the DOR conduct decision within five (5) business days after a final decision has been determined; and
- Right to appeal a final decision.
If you are found responsible for violations of the rules and regulations the DOR set forth in the Terms and Conditions document, this Policy Handbook or the Student Disciplinary Regulations, you may receive a disciplinary sanction resulting from a conduct hearing, including possible termination of your Housing and Dining contract and/or suspension or expulsion from the University.
The following sanctions may be imposed in all DOR conduct cases:
- Warning: A written notice indicating that a violation occurred, and a more severe sanction will occur if the behavior does not change.
- Disciplinary Reprimand: A written rebuke telling the student that their conduct is in violation of Residence rules and regulations.
- Probation: A more severe sanction than a disciplinary reprimand. Probation is a period of review during which the student or student organization must demonstrate the ability to comply with Residence rules, regulations and other requirements stipulated for the probation period.
- Education: A requirement to participate in some project, class or other activity that is relevant to the nature of the offense and appropriate for the violation.
- Restitution: A requirement to pay the cost of cleaning, repair and/or replacement of property damage incurred during the conduct violation, to another student or the DOR.
- Deferred Removal: A more severe sanction than Probation. Deferred removal is a period of review during which the occurrence of another violation will result in cancellation of the student’s residence contract.
- Termination of Housing Contract: A student may be removed from a residence hall or apartment. The student’s access to specific living or dining areas may be restricted as part of the sanction.
If you receive a disciplinary sanction of removal from on-campus housing, you must leave within the time frame stated in the conduct sanction letter following formal acceptance of that decision by the DOR. If you appeal the decision, you may be reassigned to another living space on-campus, pending the outcome of the appeal. Your original space will not be reassigned until the completion of the appeal process.
The DOR staff, OSC Administrator or the Dean of Students may order that a student be immediately removed from university housing when the student’s continued presence constitutes an ongoing risk to property and/or to the safety and well-being of other students in the community. The student will receive a written notice stating the reasons for the interim removal and the time and place of the hearing to be held within two business days. The hearing will be before the Dean of Students. At the time of the hearing, the university shall show probable cause why interim removal from university housing is warranted, and the student shall have the opportunity to show why interim removal from university housing is not warranted.
The following are considered risks to the safety and well-being of other students in the community:
- Harassment, including verbal or physical assault/abuse
- Conduct that threatens or endangers the health and safety of others
- Possession of firearms
- Arson, tampering with the fire alarm system
- Possession, selling, manufacturing of drugs
If your Housing and Dining contract is terminated due to disciplinary action, your prepayment will be forfeited; you will be charged the cancellation penalty for housing and for dining if you opt not to retain your meal plan. You will also be charged the daily rate until you officially check-out. Charges for damages, cleaning and improper check-out may be imposed.
If you want to appeal this conduct decision, you must submit through the DOR Appeal Form within seven (7) calendar days from the date of the conduct decision.
A student may appeal based on one or more of the following limited grounds:
- Substantial procedural error that materially affected the outcome;
- The decision was arbitrary and capricious or constituted an abuse of discretion;
- There is new evidence presented that was not reasonably available at the time of the hearing and is relevant to establishing whether it is more likely than not the respondent is responsible for the violation; and/or
- The sanctions imposed are outside the Department of Residence’s sanction range for such violations and/or not justified in light of the totality of the circumstances.
Written statement: Within seven (7) calendar days after filing the notice of appeal, if you have not already included a written statement, you must file a written statement supporting the reason for the appeal. It is recommended the written statement includes:
- Grounds for appeal;
- Examination of and references to evidence presented during the hearing;
- New evidence – If the appeal is based on new evidence, the written statement should contain a statement detailing the new evidence, together with a statement as to why the information was not reasonably available at the time of the hearing and how the new evidence impacts the matter.
Alleged procedure error(s): If the appeal is based on substantial procedural error, the written statement should contain a statement detailing the alleged procedural error(s), together with a statement as to how the error(s) materially affected the outcome; if the appeal is based upon an abuse of discretion, the written statement should contain a statement detailing the alleged abuse of discretion.
Failure to appeal or comply with appeal procedures will render the original decision final and conclusive. In the event of special circumstances, an extension in time may be requested by submitting a written request to Virginia Speight, or designee, stating good reason for the request for additional time. Normally, such requests will be granted if the request is filed before the deadline (see below) and the reason(s) for the extension is/are reasonable and legitimate.
DOR conduct records are maintained by the Department of Residence for a period of seven (7) years. For more information on records retention, please refer to section 3.11 in the Student Code.