Residential Conduct Process
The conduct process has been developed to address incidents involving inappropriate behavior within our community. The goal of the Residential Conduct Process is to provide an educational opportunity for residents to reflect upon their actions and the effects such actions can have on the community; additionally, through the process, residents should gain new insight and skills to help them make better choices in the future.
These conduct processes adhere to due process and afford residents with the following rights:
- Residents may review the incident report and be noticed of those violations which they may have violated.
- Residents are presumed not responsible for a violation until proven otherwise by a preponderance of information.
- Residents may choose to respond to the allegations or present relevant information.
- Residents may choose not to respond to the allegations or present relevant information.
- Residents may be assisted at the Residential Conduct Meeting by an adviser. The adviser must only address the student and not the conduct officer/board. Residents will be notified via e-mail of the final decision and of the right of appeal after the hearing is completed.
- The conduct officer/board’s decision shall constitute the written record of the hearing. These records will be subject to all applicable privacy acts. All proceedings shall be closed.
- The conduct officer/board’s decision may be appealed in writing within five (5) business days of the date of the decision letter. The resident’s written statement must cite specific reasons for requesting the appeal.
When it has been reported that there has been an alleged violation of the Residential Code of Conduct, residents may be subject to the residential conduct process. In addition, residents may also be subject to University action, including conduct action through the Center for Student Conflict. Cases sent to the Center for Student Conduct may include, but are not limited to: incidents involving distribution or sale of a controlled substance, inability to care for one’s self due to the use of alcohol or controlled substance, physical assault, or sexual harassment and sexual violence.
The Residential Conduct Process includes:
- Receipt of Complaint
- Notification of Alleged Violations & Request for Meeting
- Residential Conduct Meeting
- Appeal Process
Incident reports containing alleged violations of the Residential Code of Conduct or the Student Conduct Policies are submitted by residence hall staff to the conduct officer/board. Any member of the community may report an incident by submitting an incident report to a residential staff member. All incident reports contain a detailed and objective account of the incident that occurred.
Within a reasonable time after receiving an incident report, a residential staff member, typically the Resident Director or the Peer Review Board (PRB), will review the incident report to determine whether there is sufficient information to proceed with the Residential Conduct Process. In proceeding with the Residential Conduct Process, the conduct officer/board will email a written notice of alleged violations and a request for meeting to the resident. This notice includes information regarding the alleged incident such as the date, location and a brief incident description. It also outlines the Residential Code of Conduct policies which may have been violated and information regarding when, where and with whom the resident may discuss this incident. Finally, the notice states that the conduct officer may hear the case without the benefit of the resident’s input should the resident choose not to attend the meeting as listed or fail to reschedule within the outlined time frame.
During the Residential Conduct Meeting, the conduct officer/board will allow the resident to review the incident report and ask questions regarding the alleged violations. Additionally, the resident will have the opportunity to explain the incident from their perspective and present any additional information they believe the conduct officer should know. The conduct officer/board may also ask questions to better understand what occurred and to clarify information.
If the resident is found in violation of the Residential Code of Conduct, the conduct officer will assign sanctions. Sanctions are assigned to provide educational opportunities that help residents reflect upon their actions, acquire new skills, and improve their decision making in the future. As a sanction, residents may be warned, charged for restitution for damages, assigned a special project, placed on residential probation, relocated, excluded, and/or evicted from University housing, and prohibited from returning to the residential facilities in the future. Should sanctions not be completed as assigned, an administrative hold will be placed on the resident’s account. This hold prevents residents from registering for classes and accessing some other campus services (e.g., obtain a campus bus pass, etc.). The hold will be lifted once the resident successfully completes the assigned sanctions.
Upon receipt of the decision, residents may submit a written appeal within five (5) business days from the date of the decision. The appeal process exists to review whether the decision of responsibility was appropriate. Residents appealing their decision must have a clearly articulated rationale, that goes beyond not liking the outcome. Appeals that do not meet the criteria may be denied. Generally, residents should note that assigned sanctions will not be initiated prior to the completion of the appeal process. An exception to this statement is housing exclusion and/or eviction.
The grounds for appeal are as follows:
- Procedural error(s) occurred at the hearing which unfairly affected the outcome of the case.
- Compelling new evidence, relevant to the outcome of the case, was discovered and demonstrably not available at the time of the hearing.
- Specific conditions exist that provide good cause for reconsidering the case. This can include unduly harsh sanctions or demonstrated bias against the resident during the conduct process.
Appeals are reviewed by an administrative officer and are generally complete within ten (10) business days of the appeal. The appeal is the final step afforded the resident under the Residential Conduct Process.
Other Administrative Actions
In some instances, other administrative actions may be taken in addition to or apart from the Residential Conduct Process. Specifically, the Director of Residential Education or designee, may require residents to move to another room or suite or move to another residence hall. Reasonable notice under the circumstances shall be given. Apart from the Residential Conduct Process, these actions do not constitute sanctions and cannot be appealed.