OSA: Judicial Affairs - Student Housing Regulations (Disciplinary Procedures)


	Judicial Affairs Student Housing Regulations: Disciplinary Procedures

General Expectations The University's Housing program strives to create an atmosphere conducive to the development of responsible citizens in a democratic community. Residents are expected to respect and take care of the facilities and equipment rented to them; they are expect to conduct themselves within accepted standards of good taste, and to accept individual responsibility for their actions as an important aspect of group living. Consideration for others is the basic principles, which needs to be followed by all students. Each resident possesses individual rights which roommate(s) and other residents must respect. These rights carry a reciprocal responsibility in that each resident must ensure that these same rights also exist for roommate(s) and other residents.

Respect for Others: As adults, all residents are individually and collectively responsible for their behavior and are fully accountable for their actions. No one has the right to denigrate another human being on the basis of race, sex, age, religion, color, national origin, ancestry, disability, marital status, arrest and court record, sexual orientation, and veteran status. (University of Hawai'i, Executive Policy E1.202, University Statement on Nondiscrimination and Affirmative Action) Verbal or written abuse, threats, harassment, physical assault, intimidation or other forms of violence against any member or group of members of the residential community will not be tolerated. Student Housing Services does not accept alcohol, substance abuse, or peer pressure as an excuse, reason, or rationale for such abuse, harassment, intimidation or violation. Lack of knowledge of specific policies or "it was just a joke" is also not an excuse for such behavior. Such behavior will result in disciplinary action.

Remember: If something is illegal off campus, it is illegal on campus. University property does not insulate residents from being accountable for their actions.

Non-residents violating University and Student Housing Services regulations are also subject to disciplinary action. All conduct matters concerning a non-resident student of the University will be forwarded to the Dean of Students Office. Residents are held accountable for the behavior of all guest(s), both those residing on and off campus.

Judicial Process Due Process
Due Process insures that all residents are given a fair hearing for conduct alleged to be in violation of University and/or Student Housing Services rules and regulations. Due process means a student will have the opportunity to know what allegations/violations are being brought against him/her and have the opportunity to defend himself/herself in a fair and equitable hearing.

Resident's Responsibilities
The University expects residents to assume responsibility in the judicial process. Residents are expected to appear for disciplinary meetings with hall staff, and at administrative hearings. A "silent support" person is permitted to be present with the resident during the meeting with 24 hour prior notification to the housing staff convening the meeting. This person may provide support but may not speak for the student at any time. Lawyers may not represent residents. If the resident fails to appear, the hearing will proceed.

Resident's Rights:
Residents may expect the following:

To have knowledge of all charges and have the charges explained clearly and fully at every level of the judicial process.
To be informed of all submitted written statements concerning the charges.
To have an opportunity to give their side of the story and refute statements made by witnesses.
To submit name(s) of pertinent witness(es) and other relevant supporting documents for review.
To have a fair and prompt hearing.
To be notified promptly of the results of the hearing.
To be advised of the appropriate appeal process.

A. Incident Report The disciplinary procedure begins when an incident occurs which may be an alleged violation of University and/or Student Housing Services regulations. The hall staff and with support from Campus Security when necessary, will address the inappropriate behavior. Residence hall staff will report violations to the Hall Director and the Residential Life Coordinator via the incident report. This detailed report includes names, signed statements from witnesses, Campus Security reports, and police reports. In general, the location of the incident determines the jurisdiction of the case. In other words, a violation occurring at Hale Wainani by a Hale Aloha resident well be handled by the Hale Wainani Residential Life Coordinator (with input from the Hale Aloha Residential Life Coordinator).

Hall Staff Responsibilities:
Depending on the severity of the violation, the disciplinary procedure will be handled by the various hall staff and may involve the Office of the Dean of Students. Residential Life Coordinators will handle all violation, eviction and cases which may result in Deferred Suspension, Suspension or Dismissal from the Residence Halls. Hall Directors will handle cases cased in which sanctions imposed are Disciplinary Probation, Community Restitution, monetary fines and counseling and educational referrals. Resident Advisors will provide immediate response to inappropriate behavior while it is occurring, provide warning sanctions to minor violator, and will document all information for the Hall Directors and Residential Life Coordinator.

B. Disciplinary Meeting The resident allegedly responsible for the violation will be required to meet with the Resident Advisor, Hall Director or Residential Life Coordinator. The housing staff will contact the resident(s) for a meeting. The resident is required to attend the meeting as scheduled or contacting the Hall Director or Residential Life Coordinator to reschedule it. Should the resident choose not to attend or reschedule the meeting, disciplinary action will be taken without the resident's input. Action will be base on the information available to the Hall Director or Residential Life Coordinator. Responsibility of the violation will be determined by the preponderance of the evidence. Formal rules of evidence are not applicable to our disciplinary process. Whether a student denies or does not refute the alleged policy(s) violations, the Hall Director and/or Residential Life Coordinator will make a decision based upon the preponderance of evidence. After weighing all the available evidence, the Hall Director and/or Residential Life Coordinator will decide whether there is more evidence that the student is responsible for the misconduct than evidence that they were not. During the disciplinary meeting, the resident will be presented with the full details of the charges. The resident may respond to the allegations and present information and/or evidence relevant to the case. Documentary evidence and oral statements relevant to the case may be submitted only when the person(s) providing the evidence is available for questioning. The resident is also informed of the appeal procedures. These meetings may be recorded for documentation purposes. The resident will be informed.

C. Disciplinary Action (Sanctions) The Hall Director or Residential Life Coordinator will review the case and determine whether disciplinary action (sanction) is appropriate. The primary goal of sanctioning is to help the student learn self-discipline, assist the student to accept responsibility for his/her actions, and to accept the consequences of those actions. Depending on the nature of the incident, the student's previous disciplinary records and the best educational value to the student, one or more of the following sanctions may be implemented.

Disciplinary Warning: Written or oral warning that a violation occurred, the resident was found responsible, and that continued or repeated violation will result in further disciplinary action. ANY FURTHER DISCIPLINARY ACTION AFTER "WARNING" WILL RESULT IN ADDITIONAL MONETARY FINES.
Disciplinary Probation: Written reprimand and monetary fine (minimum $25) for repeated or serious violations. The probation is a period of observation and review during which the resident must demonstrate a willingness to comply with all University and Student Housing Services regulations.
Deferred Suspension: A final period of observation and review and monetary fine during which the resident must demonstrate a willingness to comply with all University and Student Housing Services regulations. Any further violations will result in Suspension from Student Housing Services facilities to take effect immediately.
Immediate Disciplinary Transfer: If a resident(s) displays any behavior, whether written, verbal or physical, that has the potential to place in danger other member of the residential community and/or destruction of property, the Residential Life Coordinator of the specified area or his/her designee may immediately transfer a student for such stated cause as they deem appropriate, pending a formal disciplinary hearing. The resident will be asked to remove their personal belongings immediately and will be transferred to a different area of Student Housing Services. Such accommodations will be based upon the availability of space. This is to prevent danger to the community members and property.
Administrative Disposition (reference Student Code of Conduct page 9): The Dean of Students, the Vice President of Student Affairs and/or his/her designee may use the sanction noted below (reference, UHM Student Code of Conduct, page 9 &10) to respond to behavioral problems with serious implications, while providing the student with the opportunity for continued personal development. In all cases where a student is facing serious disciplinary action, there will be systematic communication and consultation with the appropriate director, academic dean, and/or administrator. "Temporary Suspension in Emergency Situations. Upon determination by the Dean of Students that an emergency exists, the Dean is authorized to suspend, temporarily a student for a maximum of twelve (12) calendar days prior to a hearing, provided that a hearing pursuant to these rules is conducted within a reasonable period there-after. This temporary suspension may be renewed if it is determined by the Dean of Students that the original emergency continues to exist. An emergency will include such situations as the danger that the student will inflict bodily harm on himself/herself or others, cause serious emotional distress to others or create a substantial disruption of normal campus activities. If,after a Student Conduct Committee hearing, it is determined that the student did not violate the Code of Conduct, consideration will be granted so that the student may, within the constrains of the instructional setting, be allowed to make up any academic work missed as a result of the temporary suspension."
Suspension from Student Housing Services: Resident's housing contract will be terminated immediately. There are no room refunds for residents on disciplinary suspension. The resident will be prohibited from returning to the residence hall/apartments for a specific length of time. At the end of this time period, the resident may request to return to the residence halls/apartments pending a review by the Director of Housing and Assistant Director of Housing and successful completion of the "Disciplinary Return to Hall Guidelines."
Dismissal from Student Housing Services: Resident will be terminated from the residence halls/apartments and may not return. This may also include a ban from any future access to the residence halls. There are no room refunds for residents on disciplinary dismissal.
Referral to the Dean of Students and/or UHM Student Conduct Committee: Any violation(s) of the UHM Student Code of Conduct will result in the case being for warded to the Dean of Students Office for action. The Student Housing Services staff member responsible for investigating and meeting with the individual parties will finalize the disciplinary action, usually within a week, after the last investigating meeting of the case. The resident will be notified of the disciplinary action, which will be documented.

D. Educational Sanctions May be added to any level of the above sanctions.

Community Restitution: Specified number of hours that a student works for Student Housing Services, a University Department or a community service agency. Under direct supervision, the student performs his/her community restitution hours without compensation. Examples include cleaning and/or repairing assigned areas or working with a community agency to gain a better understanding of how his/her behavior impacts the community.
Special Project: The student is assigned a specific project or program (relevant to the violation) to complete by a deadline. Examples include attendance and/or assistance in educational programs, meeting with University officials (including coaches), research, and written paper on a specific topic, addressing student groups, letter of apology, completing a roommate contract, etc.
Counseling Referral: This may include referral to another department of the University or community service agency for counseling and/or treatment. Examples include counseling, substance abuse, alcohol education, mediation, etc.
Loss of Privileges: This may include removal of specific hall privileges or access to areas of a facility. Examples include loss of guest privileges, front desk privileges, alcohol privileges, removal of stereo systems, ban on access to specific parts of or an entire facility, etc.
Financial Restitution: In addition to the above sanctions, the student may be required to pay compensation for damage to University and/or private property. This also includes financial penalties for failing to comply with Student Housing Services policies and procedures.
Monetary Fine: These will be added to any level of disciplinary sanctions for Probation and above. Depending on the severity of each violation, the monetary fine may range from $25.00 to $100.00. The Residential Life Coordinator will authorize any fines above $25.00.
Payment of Monetary Fines and Financial Restitution: Residents will receive a "Billing Statement" form detailing the specific charges. The "Billing Statement" should be submitted with the payment. All payments are made at the cashiers window at the Central Housing Office (located in Johnson Hall A Basement) or may be mailed to Student Housing Services (Johnson Hall A Basement, 2555 Dole Street, Honolulu, Hawai'i 96822). Cash (do not send through the mail), checks, Visa, MasterCard, Diners and JCB will be accepted. Make checks payable to the University of Hawai'I. A $15 service fee and interest will be assessed to all returned checks. Non-payment of monetary fines or financial restitution will result in further disciplinary action, placing a financial hold on a student's records (will prevent future registration, withhold grades, transcripts and diplomas) and/or jeopardize future housing assignments. An additional $5.00 billing charge will be added when a financial hold is placed on a student's University record.

E. Appeal of Disciplinary Action Residents who chose to appeal a disciplinary action must do so in writing within two working days of the date of notification of the disciplinary action. If the Hall Director takes the disciplinary action, a "Request for Disciplinary Review" (form 4A) must be obtained, filled out and submitted to the Residential Life Coordinator's Office. If the Residential Life Coordinator takes the disciplinary action, a "Request for Judicial Board Review" (form 4), available at the Central Housing Office (located in Johnson Hall A Basement) must be submitted. The right to appeal must be based on one of the following categories:

A procedural error has occurred in violation of the student's rights during the original disciplinary process (due process).
New evidence or other unusual conditions, relevant to the case, was discovered and was verifiably not available at the original disciplinary meeting(s).

A resident may appeal on one or both of the categories listed above, but may not appeal because they disagree with the disciplinary actions and sanctions. All appeals must cite specific reasons for requesting an appeal of the disciplinary action. All requests for appeals of disciplinary action will be reviewed by the Director or his/her designee, who will evaluate the appeal to determine whether valid grounds exist to meet one or both of the criteria cited above. If the appeal is based on "new evidence or other unusual conditions", which can be verified by the Director, then the new evidence/unusual conditions may be referred back to the individual adjudicating the original case. The case would be re-opened and reviewed with the new information taken into consideration. If valid grounds exist for a procedural error/due process, the Director will facilitate the case personally or will designate an administrative officer to facilitate that Judicial Hearing. The Director or appointed designee will notify the resident within five (5) working days after receipt of the appeal form if and when a Judicial Hearing will be held. If the case involves violation of the University of Hawai'i Student Code of Conduct, the Director may forward the case to the Dean of Students Office for action. If a case is appealed, the resident will be administratively transferred to a temporary assignment in another hall until the appeal process is completed. Temporary sanctions such as a ban may be implemented during this time. There will be no refunds in rental rates. Purchase of meal plans may be required in halls.

F. Judicial Board A board will consist of three (3) members. Board members will include an RLC and two residents. All members of the board will not have been involved in the original disciplinary action.

The facilitator will be responsible for reviewing the request and determining whether the criteria for calling a hearing are met, making all meeting arrangements, preparing all documentation for the board to review, facilitating the hearing, arranging for any additional witness or staff interview(s), and completing all documentation and follow-up on the final action decided by the Judicial Board (within five working days). After the decision is reviewed by the Director of Housing, the facilitator will meet with the resident and inform him/her of the final disciplinary action.

G. Judicial Board Guidelines For documentation purposes, the hearing will be recorded. The recording is the property of Student Housing Services and the University. The Judicial Board will meet with the resident(s), housing staff, and any witnesses individually. A "silent support" person may be permitted with the prior notification to the Director 24 hours prior to the hearing. This person may provide support for the student, but may not speak for the student at any time. The Judicial Board, after completing its investigation, has the responsibility to decide on the final disciplinary action:

Uphold the original sanction(s)
Revise the sanctions(s)
Rescind the original sanction(s)

During the appeal process, all disciplinary action will be suspended until the hearing is concluded. However, any further violations will result in the immediate suspension or dismissal from the Residence Halls without the option for a further appeal. Depending on the severity and nature of the violation, a resident may be transferred to another hall during the appeal process.

Appeals of the Judicial Board decision must be submitted to the Student Housing Judicial Affairs Officer within three working days of the date of the notification of the Judicial Board decision. His/her decision is final.

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