Residence Handbook: Residence Life Conduct System

Sanctions:
Disciplinary sanctions used by University Housing include, but are not limited to, warnings, residence life probation, fines, community service, visitation restrictions and other privilege restrictions, referral to the Dean of Student Affairs, referral to Department of Public Safety and delayed or immediate removal from the halls. The sanctions may be used in conjunction with each other. They are listed in no particular order and no warning is required before any sanction.

Administrative Room Change:
The respondent is reassigned to a new room and/or residence hall and the student's privilege of choosing their room is revoked. The student is then banned from the building/room from which they were removed. Notification of the new room assignment will be made in writing and the respondent granted at least 48 hours to complete the move.

Behavioral Contracts:
As a condition of continued residency, students may be required to sign and abide by a contract outlining specific behavioral expectations for that student.

Educational Requirements:
Community Service - A student may be required to complete a specific number of hours of community service in addition to other sanctions. The type of community service must be approved by the Director of Housing. The resident may also be required to perform community service specified in a specific project, service, or presentation.

Reflection/Research Paper-Residents may be required to complete a paper in reflection of the policy violation.

Fines:
The University has the right to fine students for violation of Residential Life policies.

Referral to the Dean of Student Affairs:
Residents may be required to meet or consult with an appropriate official, or to attend a program or seminar for educational process (including diagnostic referrals, drug assessments, etc.)

Removal from Residence Life/Facilities:
The University reserves the right to terminate a contract or to impose disciplinary reassignment upon reasonable notice and with good cause. The student must vacate his/her room and is ineligible to live on campus for a specified time period. Upon eviction, residents lose all on-campus housing rights previously granted. Notification will be made in writing and the respondent will normally be granted at least 72 hours to complete the move. Should the respondent's continued presence in the halls pose a substantial threat to the hall community, the student may be required to vacate immediately.

Residence Halls Probation:
Residence Hall probation is a specified period of observation and review. The student may continue to reside on campus but is notified in writing that his/her behavior was unacceptable. In addition, a student is ineligible to hold an elected or appointed office in any affiliated residence hall organization. Future violations of the University or residence hall policies could likely result in eviction from housing.

Restitution:
A resident may be instructed to make payment for financial injury to an innocent party in cases involving theft, destruction of the property or deception. The assessed costs to be paid may be in addition to any other sanctions.

Right of Privacy/Investigation of Student Conduct in University Housing:
It is the policy of NSU that university officials, agents, or employees are permitted to enter a student's room and/or to search the room and personal possessions of a student and/or to use the results of such a search as evidence in any proceedings against the student if one of the following applies:

1. A valid search warrant is obtained by a law enforcement officer.
2. There is probably cause and/or reasonable grounds for university officials to believe that the room in question contains evidence of the commission of a crime. Residence life staff is authorized to enter a room to inspect for violation of university rules or policies, but they must have reasonable grounds to do so. (Evidence of unlawful activities discovered as a result of an inspection may be used as evidence in a judicial proceeding or in other disciplinary action).
3. There is reason to believe that the resident is in danger and needs assistance.
4. Entry for visual inspection of rooms for fire, health, safety and security standards or general maintenance and inventory may be permitted by the Director of Housing or his/her designee as deemed necessary.

Responsibilities & Appeals:
As a student at NSU, you have both rights and responsibilities. A student's most essential right is the right to learn. The University has a responsibility to provide for that right, and you have a responsibility to respect the rights of others. Housing policies are developed with this premise in mind. When a resident is written up for a residence life violation, they will go through the student conduct process where your rights and responsibilities will be conveyed. For many potential violations, the student may choose one of three methods by which to hear the case:

1. Summary Judgment Hearing: To be heard and decided by Hall Manager and may be done immediately.
2. Administrative Hearing: To be heard by another Hall Manager.
3. Peer Conduct Review Board: To be heard by a board of students under the supervision of a professional staff member who will advise on points of process. All decisions are made by the students on the board.

If you feel that the actions of the hearing officer are unjustified or excessive you have the right to appeal the disciplinary action. Appeals from the Summary Judgment and Administrative Hearings are heard by the Peer Conduct Review Board. Appeals from the Peer Conduct Review Board are to be heard by the Assistant Director or Director for Residence Life. Grounds for appeal include new evidence that was not available at the time of the hearing, sanctions were excessive for the violation, right to due process was violated, and failure to appear at hearing due to documented unforeseen circumstances. All appeal decisions are final.

Student Rights in the Conduct Process:
Northeastern State University views the student conduct process as an educational experience. Participation in the process can promote growth and understanding of one's role as a member of the University; the following rights are afforded to accused students and alleged victims (when applicable).

General Rights:
The focus and purpose of any student conduct proceeding is to determine whether a violation of university rules has/has not occurred. All student conduct proceedings are to be considered informal in nature. The rules and procedures associated with the criminal and/or civil courts need not apply. Deviations from outlined procedures will not necessarily invalidate a student conduct conference or subsequent decision unless such a deviation results in a significant prejudice to the student or university;

Student conduct conferences shall be conducted in private. The accused student and/or the alleged victim of sexual misconduct or a crime of violence (as defined by FERPA 1974) may request an open student conduct conference. Such a request shall be considered with the final decision at the sole discretion on the Student Conduct Administrator.

In a student conduct conference the burden of proof shall rest with the Accused Student and is based on whether a preponderance of the evidence (more likely than not) indicates that the Accused Student violated the Student Conduct Code (see the Student Affairs Website for the full student Conduct Code).

The contents of a student conduct file and any related written or oral correspondence are considered a part of a student's educational record; therefore, the release of said information will only occur in accordance with the Family Educational Rights and Privacy Act of 1974. Information released cannot be re-disclosed unless the student conduct conference has been declared and documented as open.

Accused students have the right to:

• Written notice of the alleged violation(s) sent to the student's official university address (electronic or physical);
• Waive written notice of the alleged violations;
• Reasonable access to review the contents of the individual case file;
• Have no student rule violation assumed until proven through the student conduct process;
• Say nothing with the knowledge and understanding that no assumption of responsibility is made solely as a result;

Be accompanied by one advisor/counselor (may be an attorney at the student's expense) so long as the availability of the advisor does not hamper the timeliness of the conference. The selected advisor and/or counselor may not be an individual and/or student that is and/or may be charged as a result of the same or similar fact pattern. The advisor is limited to advising the student and may not present the case, question relevant parties, or make statements during the proceedings. The mere presence of a University attorney does not indicate representation;

• Question his/her accuser, directly or indirectly, at the discretion of the Student Conduct Administrator or Student Conduct Administration body;
• Question witnesses, directly or indirectly, at the discretion of the Student Conduct Administrator or Student Conduct Administration body;
• Present material witnesses - those with firsthand knowledge of the incident (character witness information may only be submitted in written form);
• Written notification of the outcome of the student conduct conference sent to the student's official university address (electronic or physical) or handed in person - such information may not be shared with any individual or entity;

Have an avenue to appeal the decision of the Student Conduct Administrator or Student Conduct Administration body.

Alleged Victim of Sexual Misconduct or Crimes of Violence (as defined by the Family Educational Rights and Privacy Act of 1974)

Northeastern State University students who are the alleged victims of sexual misconduct or a crime of violence have the right to:

• Be given an explanation of the student conduct process;
• Have access to evidentiary material the complainant or alleged victim submitted - this includes police reports;
• Chose to be present or not present during the student conduct conference in person or through an indirect means - the mere presence does not imply a forced participation in the conduct proceedings;

Be accompanied by one advisor/counselor (may be an attorney at the student's expense) so long as the availability of the advisor does not hamper the timeliness of the conference. The selected advisor and/or counselor may not be an individual and/or student that is and/or may be charged as a result of the same or similar fact pattern. The advisor is limited to advising the student and may not present the case, question relevant parties, or make statements during the proceedings. The mere presence of a University attorney does not indicate representation

• Question the accused/material witnesses - directly or indirectly - at the discretion of the Student Conduct Administrator of Student Conduct Administration body;
• Have evidence of past sexual history excluded during the student conduct conference, - the past sexual history of the alleged victim with persons other than the alleged perpetrator shall be presumed irrelevant - relevancy is at the discretion of the Student Conduct Administrator of Student Conduct Administration body;
• Submit a victim impact statement for the Student Conduct Administrator or Student Conduct Administration body to consider only if the student is found responsible - prior to issuing any sanction(s);

Upon written request, be notified of the outcome of the conduct proceeding if the request is granted such information may not be shared with any individual or entity.

Peer Conduct Review Board Volunteers (PCRB):
Peer Conduct Review Board meets as needed and is comprised of students who live in residential facilities. Students serving on the PCRB must not have an active disciplinary record. PCRB members may be disqualified from service because of hall violations. For further information or to apply for a seat on the PCRB, contact University Housing at 918-444-4700.