Residential Life { Division of Student Affairs & Enrollment Management }

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Residential Life Conduct Process

This section provides you information about the possible outcomes of a resident's involvement in a university and/or housing policy violation. Please read this information carefully, as it outlines your rights and responsibilities as a SF State resident.

Expectations

All residents are expected to conduct themselves within the following parameters:

Sections 41 301 through 41 304 of Title V, California Code of Regulations (the University's Code of Conduct specifies those terms and is included in Appendix B of the University Bulletin);

  • The Student Housing License Agreement: in addition to individual resident copies, reference copies are available through the University Housing Office in Mary Ward Hall;
  • The guidelines included in this handbook and reflected in the University Housing web page
  • All University policies and regulations now or later in effect.

As many of our University Housing policies are based on University policies and/or state and federal laws, one policy violation may be considered appropriate for one or more levels of review:

  • University Police for criminal review
  • Campus Conduct Officer for University review
  • University Housing review

Initiation of the Resident Life Conduct Process

  1. An alleged violation occurs and your name is cited as being a witness or alleged involved party. Most often this is in the form of an incident or police report.
  2. You are provided information that the incident may reflect a violation of Housing or University Policy. Usually, this is a letter sent to you requesting you to schedule an appointment to discuss the incident with your Area Coordinator, Residential Life Conduct Coordinator, other housing official, or the Residential Life Conduct Review Board.
  3. You will have a meeting with your Area Coordinator, Residential Life Conduct Coordinator, or other housing official or Resident Conduct Board to determine the level of your involvement and/or responsibility for the incident and alleged policy violation(s).
  4. If it is determined you are not responsible for the incident or policy violation(s), no further action will be taken. You will receive a letter stating you are not being held responsible.

Resident Conduct Administrative Fee

Residents found responsible for violating any rules and regulations established by the University or Housing will be assessed a $20.00 Resident Conduct Administrative Fee. This fee is only charged to residents found responsible for a policy violation. Residents are subject to the $20.00 resident conduct fee any time an administrative review or meeting is required to resolve an incident in University Housing and finds them responsible for a University or Housing policy violation.

Issues of Concern

Due to their impact on resident and community safety, there are some community standards which, if found responsible for violating, may lead to License Agreement cancellation on the first offense:

  • Common Source Containers of Alcohol- e.g. kegs, large containers of alcohol or massive quantities of alcohol exceeding personal consumption is prohibited.
  • Drugs: Intent to sell or distribute illegal or prescription drugs.
  • Theft: Theft of state or personal property
  • Endangerment to Self or Others: Threats or physical assault of a member of the campus community, including harm to self or others, such as physical violence, attempted suicide or creating a situation which threatens the physical safety of a person or the community.
  • Expelling or Throwing Objects from a Window: expelling objects of any kind from a window, regardless of intention or the nature of the object.
  • Tampering with Fire of Other Safety Equipment or Systems- this includes pulling fire alarms, fire extinguishers, alarm systems, security cameras, doors, etc.
  • Dangerous Items: Possession, Use or Brandishing of dangerous items, including knives, explosives, fireworks, air or paint ball guns, weapons, including the misuse of personal safety devices.
  • Urination or Defecation: urination or defecation in any area other than a toilet.

Types of Official Responses

Informal Action

Resident conduct difficulties or policy misunderstandings occurring for the first time and/or not seriously affecting the quality of the community are generally responded to on an informal basis by a Resident Assistant, an Assistant Area Coordinator or the Residential Life Conduct Review Board. Examples of first-time policy violations which could be dealt with informally are Quiet Hours or Guest Policy violations. Although such violations may be appropriately handled by a verbal or written warning [without a meeting] on a first-time basis, repeated or complicated violations will be referred to more formal procedures.

Formal Action

Administrative Review [First Level Violations]

Policy violations which may seriously affect the quality of the community are generally responded to on a formal basis, through an Administrative Review conducted by an Area Coordinator or the Residential Life Conduct Review Board. Examples of policy violations that may be dealt with through an Administrative Review include repeated Quiet Hours or Guest Policy violations, roommate or room assignment conflicts, Party Policy violations, or failure to cooperate with staff. The outcome of all Administrative Reviews are communicated in writing and can include formal warnings, Residence Community Probation, Community Service projects, or referral to other University resources, as well as referral to an Administrative Meeting.

Administrative Meetings [Second Level Violations]

Policy violations which may seriously affect the quality of community life and/or jeopardize the safety or well-being of others are responded to on a formal basis, through an Administrative Meeting conducted by the Residential Life Conduct Coordinator or the Associate Director - Residential Life. An Administrative Meeting is scheduled when a serious question exists as to whether a resident should be permitted to continue living in the Residential Community. The outcome of all Administrative Meetings are communicated in writing and can include formal warnings, Residence Community Probation, Community Service projects, License Cancellation, or referral to other University resources, as well as the Office of Student Conduct and/or legal referral.

Cancellation of the Housing License Agreement [Eviction Offenses]

A meeting outcome which recommends cancellation of the Housing License Agreement usually necessitates a meeting with the Residential Life Conduct Coordinator or the Associate Director - Residential Life (or designee). Exceptions to the aforementioned meeting (as a second step prior to finalizing termination decisions) including compelling circumstances when the quality of community life may be in serious and immediate jeopardy, require the resident to be asked to leave the community immediately prior to a meeting occurring and then may be re-instated if cancellation of the License is not appropriate.

Barring exceptional circumstances, the University may cancel the License Agreement for any reason indicated in the Agreement by giving not less than 72 hours written notice to the resident. Notice is either served personally upon the student or posted in a suitable place upon the housing facility of the resident. Cancellation of the License Agreement or the resident's abandonment of the premises does not release the resident from paying any obligation due the University.

Referrals and Additional Action

Depending on the policy violation in question, referrals may be made to Office of Student Conduct and/or the University Police Department for legal action. Examples of policy violations resulting in referrals to one or both agencies listed above include (but are not limited to): destruction of state property; false fire alarms; bomb threats; use, sale, or possession of illegal drugs; assault; and violation of State, Federal, or local laws.

Every member of the residential community, inclusive of both students and staff, has responsibilities for maintaining a living/learning environment that is safe and enhances the University's academic experience.

Your Rights & Responsibilities

As a resident of University Housing, you live in a community of individuals from different backgrounds, age groups and expectations. University Housing has created a review procedure, called the Residential Life Conduct Process, to assure that all residents receive fair and equitable treatment when incidents occur that may violate their License Agreements. This information outlines the process and the possible outcomes of involvement in a violation of housing policy as specified in your License Agreement. Please read this information carefully, as it outlines your rights and responsibilities.

Your Rights

  • It is your right to understand the process and how it impacts you. It is your right:
  • To know the University Housing policies and regulations which you are asked to uphold.
  • To see any charges or allegations against you in writing.
  • To be able to state your response to a University Housing official.
  • To receive a written outcome of the case upon resolution.
  • To appeal the outcome based on appropriate criteria for appeal.

Your Responsibilities

  • You are responsible for knowing and adhering to University Housing policies.
  • You are responsible for reading your University Housing License Agreement and Community Living Guide.
  • You are responsible for scheduling and keeping appointments scheduled pertaining to the Resident Conduct Process.
  • You are responsible for being honest and accurate when providing information to University Housing officials.

Steps Involved in the Residential Life Conduct Process

  • Alleged violation occurs and your name is cited as possibly being involved or a witness. Most often this is written up in the form of an incident report or police report.
  • You are provided information that the incident may reflect a violation of Housing Policy. Usually, a letter is sent to you requesting you to schedule an appointment to discuss the incident with a University Housing official.
  • You meet with a University Housing official to determine the level of your involvement, if any, and/or responsibility for the incident or policy violation.

As many University Housing policies are based on University policies and/or state and federal laws, a policy violation may be considered appropriate for one or more levels of review:

  1. University Housing review
  2. Campus Conduct Officer for University review
  3. University Police for criminal review

Possible Sanctions and Outcomes

If it is determined you are not responsible for the incident or policy violation, no further action will be taken. You will receive a letter stating you are not being held responsible.
If it is determined you are responsible for the incident or policy violation, the following outcomes may be employed depending on the nature of the incident and policy violation and/or previous involvement in other incidents and/or policy violations:

  • You may receive a written warning.
  • You may be asked to perform some type of community service, which may include dispute mediation.
  • You may receive probation (meaning future policy violations may result in cancellation of your housing License Agreement).
  • You may be relocated out of your current apartment or building.
  • You may be referred to the University Police Department for criminal investigation.
  • You may be removed from University Housing (eviction).
  • You may be referred to other campus support services for intervention, education and support.
  • You may be referred to the University Judicial Affairs Officer for further conduct review.
  • You will receive an official letter outlining the policy violations for which you are being held responsible and the sanctions resulting from said violations. You will also receive your appeal rights and procedures.

Appeal Procedures

Requests for an appeal must be made in writing by the resident whose actions were the subject of the initial hearing or review. The appeal request must indicate one or more of the following:

  • The incident/activity in question was not a violation of the University Housing License Agreement.
  • The resident’s rights were violated by the administrative process.
  • The findings were unsubstantiated.
  • The sanction or outcome was inconsistent with prescribed sanctions/outcomes for similar cases.

Additional, relevant information has become available since the Review or Meeting that is sufficient to alter the decision.

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