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RESIDENTIAL DISCIPLINARY PROCESS
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Members
of the University’s residential community are responsible for their own
actions as well as for the actions of their guests. It is the
expectation of the University community that each member of the
community will respect all community members and their property.
However, some members of the community may, either by error or intent,
violate community standards. At these times it will be necessary to
hold the community members responsible for their actions. It is the
intent of the University to approach these violations from an
educational perspective, when appropriate. However, other sanctions or
requirements may be necessary to insure that the residential community
continues to be a positive living and learning environment. It is the
responsibility of each student to be aware of the policies and
expectations the University community has for individual action. Any
resident who violates a policy faces the possibility of being charged
with allegedly violating the Code of Student Conduct. When students are
allegedly involved in incidents which occur in University residences
and violate the Code of Student Conduct, they will be involved in the
Residential Discipline Process.
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Discipline Meetings
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A
discipline meeting is an informal discipline proceeding conducted as
part of the Residential Discipline Process. Discipline meetings will be
held between a member of the Residence Life staff and the accused
student to discuss and, if possible, resolve the student’s alleged
misconduct. This required meeting provides students with the
information necessary to make informed decisions about the discipline
process, including the options available to them through the process.
Failure on the part of a student to schedule and/or attend a discipline
meeting may result in resolution being made in his/her absence and/or
further disciplinary action.
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A. Disposition Options
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1.
Informal Disposition
The
discipline meeting is the fi rst step toward informal disposition.
Informal disposition provides an opportunity for the student and the
Residence Life staff member to quickly resolve the student’s alleged
misconduct. Informal disposition of a disciplinary matter occurs when:
a.
The student does not dispute the facts leading to the charge made by the residence staff. Therefore, a formal hearing or
further proceeding may not be required.
b.
Neither suspension nor expulsion is a possible sanction and the student wishes to resolve the case informally.
2.
Formal Disposition
If
the student disputes the investigative fi ndings that a violation(s)
has been committed or rejects an informal disposition, the case shall
be resolved through the formal disposition procedures as follows:
a.
Following a disciplinary meeting with a member of the Residence Life
staff where a student has requested a Residential Discipline Committee
(RDC) hearing, the student shall be contacted by the Assistant Dean of
Students or designee to discuss the hearing process and choose a
hearing date.
b.
A written “Notifi cation of Alleged Violation(s) and Pending Discipline
Hearing” shall be delivered in person, or sent to the student’s local
address of record by certifi ed mail return receipt requested.
c.
The case is heard by the Residential Discipline Committee. The RDC
serves as a discipline body for the formal disposition option.
Depending upon the nature of the misconduct, formal disposition may
involve the presentation of witness testimony, the presentation of
testimony by the accused resident and the questioning of all involved
parties. Residential Discipline Committee hearings are audio taped and
the tape remains the property of the University.
d.
The Residential Discipline Committee forwards a recommendation
regarding its fi ndings along with recommended sanctions, if
appropriate, to the Assistant Dean of Students. The Assistant Dean of
Students reviews the tape recording of the hearing, the contents of the
discipline fi le and the written Residential Discipline Committee
recommendation and fi nalizes the decision, which is then forwarded in
writing to the student.
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B. Students’ Rights in the Residential Discipline Committee
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1.
The complainant and the respondent have the right to inspect before the hearing any documents which are to be submitted at
the hearing.
2.
The complainant and the respondent may bring witnesses to testify on
their own behalf. The coordinator of the Residential Discipline
Committee process must be provided with the names of all witnesses and
their expected testimony no later than 24 hours prior to the
Residential Discipline Committee hearing.
3.
The respondent and the complainant may be accompanied by an adviser of
their choice. An adviser is anyone who will provide the respondent or
the complainant with support throughout the hearing. Advisers are not
permitted to speak or to participate in the hearing.
4.
The respondent is under no obligation to make any statement(s) relevant to the charge(s) nor answer any questions relevant
to the charge(s) and this cannot be used to the respondent’s detriment.
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C. Sanctions
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If a student accepts responsibility for violations of the Code of Student Conduct, one or more of the following sanctions
may be imposed:
1.
Written Warning
A.
written warning is a formal and offi cial recognition of misconduct with the condition that further violations of the Code
of Student Conduct may result in more severe discipline action.
2.
Residential Disciplinary Probation Probationary status whereby any
further violations of the Code of Student Conduct during a specifi ed
period of time may result in referral to the University-level of the
student discipline process.
3.
Discretionary Sanctions Work assignments, service to the University or
other related discretionary assignments. This may include service
hours, educational service time or behavioral contracts.
4.
Restitution Compensation, within a specifi ed period of time, for loss or damage. This may take the form of appropriate service
and/or monetary or material replacement.
5.
Residence Unit Restriction Restricting the student from entering one or more living units for a defi nite period of time,
after which the student is eligible to re-enter the living unit(s).
6.
Residence Unit Suspension Separation of the student from a living unit for a defi nite period of time, after which the student
is eligible to return.
7.
Residence Unit Expulsion Permanent separation of the student from residence units.
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D.
Appeals
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Any
student has the right to appeal the sanctions imposed by a discipline
offi cer in an informal disposition or the fi nal decision of the
Assistant Dean of Students in a formal disposition. Appeals must be
filed, in writing, within fi ve University working days of receipt of
the decision and are directed to the Assistant Vice President for
Student Affairs, Director of Residence Life and University Dining
Services or his/her designee.
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E. Referral to the University Level of the Student Discipline Process
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In
the event that the alleged behavior is deemed egregious and/or repeated
misconduct, the case may be referred to the University level of the
student discipline process.
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