Think on this guest post by Dr. Virginia Sapiro for the upcoming...
Residential Conduct & the Judicial Process
Disciplinary Procedures In Accordance with Article III.C of the Code of Student Responsibilities
The Office of the Dean of Students has jurisdiction over all cases involving violation of residential rules, regulations, and policies. Rules, regulations, and policies are published in the Residence License Agreement, Terms and Conditions of the Residence License Agreement, the Lifebook, and/or written notices duly posted. It is the students’ responsibility to read the published material and govern themselves accordingly. Matters involving conduct in the residential system will be subject to investigation and disposition by the Director of Residence Life and his or her designee. The Director of Residence Life reserves the right to alter the disposition made by his or her designee.
A. Preliminary Investigation
Upon receipt of an allegation of a violation of the residential rules, regulations, and policies, the appropriate residence administrator or individual designated by the Director of Residence Life will attempt a preliminary investigation to determine whether an infraction has occurred, investigate the circumstances and facts of an alleged violation, and determine the identity of individuals with knowledge concerning the matter. This investigation may include discussion with staff or students.
If, as a result of preliminary investigation, the appropriate residence administrator or individual designated by the Director of Residence Life determines that disciplinary action should be initiated, the accused student will receive proper notice of a disciplinary meeting with the staff member sufficiently in advance of the meeting to afford the student a reasonable opportunity to prepare a response. Notice will include the following:
1. Specific charge; and
2. The place and time of the meeting, or a request that the student arrange a convenient meeting time within a specified time period.
The student may be advised by any person of his or her choosing during any meeting.
D. Evidence, Testimony, and Witnesses
The accused student has the right to present evidence, testimony, and witnesses; to provide a written statement on his or her behalf; to know the nature and source of the evidence and testimony presented against him or her; and to rebut such evidence and testimony.
If the meeting indicated that the evidence is sufficient to warrant disciplinary action, the appropriate residence administrator or individual designated by the Director of Residence Life will make a finding and issue sanctions. The Office of Residence Life will endeavor to reach a decision regarding the allegation(s) within 45 days of its receipt of an allegation of a violation of the residential rules or policies. The student will receive, in writing, the decision of the judicial officer. The judicial officer may also review the case to determine whether further University action should be taken in accordance with the Code of Student Responsibilities. The fact that action is taken by a judicial officer on the matter will not bar further proceedings by the Vice President and Dean of Students and/or the dean of the appropriate University school or college.
The student may appeal by addressing a letter to the Director of Judicial Affairs, who serves as the Residence Life appeals officer. The letter must be received within ten days of the time the student receives the disposition from the judicial officer. The letter should set forth the grounds on which the appeal is sought. After a careful review of the evidence, procedures, appeal request, and any additional information presented by the student, the appeals officer will decide whether an appeal will be granted. Appeals should be based on the following circumstances:
1. A procedural error was prejudicial to the rights of the student;
2. The sanction is inappropriate; or
3. New information is available which was not available at the time of the disciplinary meeting, and which would have substantially affected the decision.
G. Disposition of Appeals
The appeals officer may grant such relief as may be appropriate or may direct that the case be reheard. If the case is reheard, the rehearing is before one residence administrator or designee of the Director of Judicial Affairs (either of whom is not connected with the student, his residence, or the first disciplinary meeting). The Director of Judicial Affairs or designee will endeavor to provide the student with a decision within 30 days of the receipt of the filing of the appeal. (Additional time may be required for reviewing an appeal during the period from the end of classes in the Spring Semester to the commencement of classes in the Fall Semester or to appeals filed immediately prior to the Winter Intersession.) The decision will be communicated to the student in writing. Students are expected to comply with sanctions while an appeal is pending, unless a request for stay of sanctions has been submitted in writing and that request has been granted.
III. Disciplinary Action
The action which may be taken as a consequence of violating the University residences’ standards of behavior ranges from imposition of a traditional sanction to the development of a creative way to assist the student in learning from the experience. Any combination of the following actions may be taken as deemed appropriate by the hearing officer:
A. Residential separation involves removal from the University residential community for conduct which clearly demonstrates unwillingness or inability to function appropriately in the residential living situation. Such separation may be permanent or for a specified number of semesters.
Crediting of residence and dining plan charges for students who are separated from the University residences follows the same schedule used for students who take a leave of absence or withdraw officially or unofficially from the University. Refer to the section entitled “Credits of Residence and Board Fees Upon Withdrawal or Termination” in the Terms and Conditions of the Residence License Agreement.
Crediting or reassessing of residence and dining plan charges will not be done until students have completed the “housing checkout procedures” outlined in “Term/Cancellation.” Charges will be credited or reassessed only if the date of withdrawal from housing and the completion of housing checkout procedures falls within the dates noted in the schedule of “Credits of Residence and Board Fees Upon Withdrawal or Termination.”
Students separated from the residence system may reapply for on-campus housing at the end of the term of their residence separation; however, there is no guarantee that the Housing Office will be able to provide them with on-campus housing in any future semester or academic year.
B. Residential reassignment involves a mandatory change of residential assignment within the University’s residential community for inappropriate behavior in the residential living situation. Further inappropriate behavior will normally result in separation from the residential system.
C. Deferred separation is the deferred imposition of a disciplinary separation from the residence system. The deferment is conditional upon the student’s not committing an offense against residential regulations during the period of deferment; the commission of such an offense would result in summary imposition of the separation.
D. Residential probation is a status that may be imposed for behavior that indicates unwillingness or inability to accommodate the regular demands of residence living. Periodic contact with a Residence Life staff member may be required so that conduct may be reviewed. Failure to comply with the terms and conditions of the probation, or additional behavior in violation of residential standards during the probationary period, will result in more serious disciplinary action.
E. Residential warning involves written notice to the student indicating that specific behavior or activity is not compatible with the demands of residence living. The student is officially warned in writing that further unacceptable behavior will result in more serious disciplinary action.
F. Suspension of visitation privileges. The student is barred from entering one or all residences for an indefinite or stated period of time.
G. Revocation of guest/visitor sign-in privileges. The student loses the privilege of signing in guests and visitors for a specific or indefinite period of time.
H. Reimbursement for actual damage to, destruction of, or misappropriation of University property, or the property of any person, while in University residences.
I. Imposition of fine. A fine is the mandatory payment of a specific sum of money imposed as punishment for an offense. Imposition of this sanction shall be with due regard to the reasonableness of the sanction in a given case. The fine cannot exceed $2,500.
J. Assigned work projects. In specific circumstances, a student may be assigned to a community work project or task.
K. Suspension of eligibility to hold office results in prohibition of a student from holding a position as president, vice president, secretary, treasurer, committee chairperson, or other office in student government for a period of no less than one year. Any student placed on residential probation, deferred suspension, or residential separation is not eligible to seek or to hold elected office for the duration of the sanction.
L. Impounding of prohibited materials or equipment. The University may impound materials specifically prohibited by law or the rules and regulations of the University. The University may impound equipment used in a dangerous manner or in violation of the rules and regulations of the University. The sanction may provide that once equipment is impounded, the student will lose all further privileges of use or possession of such equipment or similar equipment on University property, permanently or for a stated period of time.
M. Referral to an agency specializing in the assessment of drug and alcohol abuse may be required as a condition of any of the sanctions listed above.
N. Referral to an agency specializing in the assessment and evaluation of behavior involving issues of domestic abuse may be required as a condition of any of the sanctions listed above.