Response to Reported Misconduct and Violations of the Residence Agreement

Residential Education directs the Residence Deans to investigate and respond to violations of the Residence Agreement. It is the goal of Residential Education to ensure that students are given due process in any such investigation. Most cases are initiated by students who have concerns about individuals in their house. In the intervention and response, there is a clear tension between the protection of individual rights and the rights of the community in residence. The protocol outlined here is intended to allow opportunities for consideration of factors that affect both.

The approach that Residential Education takes to the adjudication of cases of misconduct is an educational one. The first response is seldom the loss of housing privileges and only in clear and egregious cases of misconduct. Rather a Residence Dean will seek the opportunity to be informative, supportive, or instructive. A Residence Dean is open to hearing that behaviors were not accurately perceived and it is only after hearing all sides of a case that they make a decision on what action (if any) to take. It is also not unusual to have a discussion with the students involved and get their feelings about what should be outcomes for some cases which have complicated perspectives. It is, however, critical, in support of the community and individual students who live in on-campus housing, that those who violate the Residence Agreement are held accountable for their behavior.

If there is a report that the Residence Agreement has been violated, the Residence Dean will go through the procedure described below.

Meet with Student

When a Residence Dean is made aware of a possible violation of the Residence Agreement, he or she will meet with the student who has allegedly violated the agreement. In this meeting, the Residence Dean describes their role, the process of the investigation, and the specific reason why the student is asked to the meeting. The student has the opportunity to share his/her account of the incident. The student is also asked if there were others involved, with whom the Residence Dean should meet. The Residence Dean will meet with witnesses to the incident as appropriate to the case. At this meeting, the Residence Dean informs the student of the possible actions that may be taken for violation of the Residence Agreement.

Gather Additional Information and Facts of the Case

In addition to any witnesses the student provides, the Residence Dean will also talk with others involved in the incident. This can include students, residential staff, police, and other university employees.

Provide Support for Students Involved

If a student feels threatened or unsafe in any way, the Residence Dean can temporarily relocate the student outside of their residence. In addition, we realize that these situations can often be very stressful for students on both sides of the case. The Residence Dean can also assist in making a referral to Counseling and Psychological Services (CAPS), the Office of Religious Life or to student Legal Assistance.

Evaluate Information

After meeting with the individuals involved in the alleged violation, the Residence Dean evaluates all of the information and makes a determination as to whether or not a violation has occurred. If a violation has not occurred, the Residence Dean will inform the student and the residence staff that no violation has been determined. If it is determined that a violation has occurred, the Residence Dean will decide on the appropriate administrative action/s and inform the student involved and his/her residence staff. The Residence Deans will take several factors into account when determining an appropriate action. These factors include the seriousness of the offense, prior violations of the Residence Agreement or current warnings or actions taken, and the impact that the incident had on the residential community.

Range of Administrative Actions

The range of consequences for violation of the Residence Agreement can include one or more of the following: verbal warning, a letter of warning, restitution, apology, relocation to another residence or revocation of housing privileges (temporarily or permanently).

Parent Contact

If the violation that has occurred is severe and/or involves a violation of the University's alcohol policy, the Residence Dean may contact the student's parents out of concern for the well-being of the student.

Refer to the Office of Judicial Affairs

If the reported misconduct of a student appears to be a violation of the Fundamental Standard, the Residence Dean will advise the reporting student about the option to file a Fundamental Standard complaint with Judicial Affairs. The Residence Dean will also alert the student who is the subject of the complaint that this is an option of the reporting student.

The Residence Dean may also forward the case to the Office of Judicial Affairs for their review if the case seems to also be a violation of the Fundamental Standard. It is important to note that an action can be both a violation of the Residence Agreement and the Fundamental Standard. In this case, the student may work with the Residence Dean on the violation of the Residence Agreement and also work with the Office of Judicial Affairs on a possible Fundamental Standard complaint. In addition, the Residence Dean can determine that an action may not be a violation of the Residence Agreement but may possibly be a violation of the Fundamental Standard. In this case, the Residence Dean may refer the case to Judicial Affairs and not pursue the violation of the Residence Agreement.

Appeal

If a student does not agree with the administrative action set forth by the Residence Dean or does not believe that he/she has been judged fairly, the student may appeal in writing to John Pearson, Interim Director of Residential Education.