| |
Residence Life
Handbook
Student
Conduct Guidelines
When many people
live in a small area, it is very important to have rules and consequences.
The Student Conduct Guidelines spell out what will happen if a student
violates the rules. These guidelines are essential to maximize everyone's
freedom while still maintaining necessary order. The guidelines incorporate
actions that support the precept of promoting student success through
personal growth and understanding while not primarily focusing on penalizing
students for misconduct.
The Residence Life
Student Conduct Guidelines are designed to help students practice behavior
that is appropriate in the residence hall community. The procedures do not
have the sophistication of civil law, but do provide the students with basic
civil rights, including a fair hearing before a board composed of their
peers. Appropriate due process safeguards have been incorporated including
appeal procedures.
Depending on the
nature of the violation or inappropriate behavior, the student will be
subject to disciplinary sanctions as determined through these guidelines.
Through the disciplinary process, actions are taken to support student
success, to promote student growth and understanding and to develop
behaviors that are appropriate to our living and learning community. The
disciplinary process consists of three levels.
1.
Verbal / Written Warning
2.
Referral to the Residence Life Student Conduct
Board or Hall Director
3.
Referral to the Director of Residence Life
At all levels, the
accused student has the right to appeal. The accused student must make his
or her appeal in writing and to the appropriate person (see each Level for
specifics). The letter of appeal must be submitted to the appropriate
person(s) within five (5) working days (excluding holidays) of receipt of
notification of disciplinary action. The written appeal must state specific
criterion explaining why the student believes he or she should not be held
accountable.
Level 1 –
Verbal/Written Warning
If a residential student violates a residence hall or
university policy or regulation, or exhibits inappropriate behavior and if
the violation or behavior is not of a serious nature (serious violation
include, but are not limited to drugs, assault, visitation, thefts, arson,
tampering with fire equipment, physical or verbal abuse, etc.), Residence
Life staff will complete an information report or log the incident in the
duty logs. The Hall Director will issue a written warning. This warning
will be documented in the residence hall discipline logbook and may result
in a follow up meeting with a Hall Director. A minor violation warning
becomes a part of a student’s discipline file for the remainder of the
academic year. Your Hall Director may at any time, refer a student to the
next level, if in his or her judgment, the violation or behavior justifies
surpassing a minor violation.
Examples of this
level policy violation include a first offense of the following:
-
Quiet
hours
-
Incense/Candle Burning
-
Smoking in smoke free areas
-
Possession of illegal electrical appliances
-
Escort
Policy violations
-
Visitation violations
-
Failure to remove refuse/trash properly
-
Cooking policy violations
-
Possession of illegal pets
-
Possession of unapproved sleeping loft
A written warning is
merely a documented conversation between a staff member and a student
regarding the student’s behavior in the residence halls. The purpose of the
written warning is simply to explain the violation or inappropriate behavior
and to inform the student of the probable consequences that may result from
future violations or inappropriate behavior. The accused student has the
right to appeal the verbal warning in writing to the Residence Life Judicial
Board within five (5) days of the actual warning.
Level 2 –
Referral to a Hall Director
If a residential student is involved in a previous level 1
violation(s) of residence hall or university policy or inappropriate
behavior or if the incident is of a serious nature, responding Residence
Life staff will complete an information report and refer the student to a
Hall Director. Level 2 violations also become a part of the student’s
discipline file for the remainder of the academic year. The Hall Director
has the authority to issue a level 2 violation based on previous level 1
violations. Alcohol and Drug policy violations remain in a student’s
discipline file for the entirety of his or her enrollment at SD BOR
institutions. Any further violation of policy by a student with a Level 2
policy violation will result in a Level 3 Referral to the Director of
Residence Life. Your Hall Director may, at any time, refer a student to the
next level, if in his or her judgment, the violation or behavior justifies
surpassing Level 4.
Examples of this
level policy violation include a first offense of the following:
-
Previous level 1 violation(s)
-
Failure to comply (as initial charge)
-
Misuse
of SDSM&T property (including but not limited to misuse of windows, roof,
etc. This does not include computer hardware or software misuse or abuse.)
-
Possession of or use of fireworks, or other explosives including but no
limited to flammable liquids.
-
First
offense of alcohol policy violations.
-
Tampering with fire equipment.
-
Damage
or destruction of property belonging to others or SDSM&T.
Upon the student’s
referral, the Hall Director will explain to the student his or her options
for adjudication of the case and of his or her rights in the disciplinary
proceeding. At this time, the student may choose one of two options:
-
A
hearing before the Residence Life Student Conduct Board, or
-
Admit
involvement and responsibility, waive a hearing and resolve through mutual
consent with the Hall Director.
If a student chooses
a hearing before the Residence Life Student Conduct Board, the following
procedure will be adhered to:
-
Residence Life Student Conduct Board members will be notified that a hearing
will take place in order to review the Information Reports and schedule a
meeting.
-
The
Board will notify the students involved at least 48 hours in advance of the
hearing date, time and place in writing.
-
During
the hearing, the Board will review the presented information, be given the
opportunity to question student(s) involved, explore motivation for the
behavior, and let the student make any concluding remarks or ask questions.
-
Following the hearing, the Board will determine the extent of the student’s
responsibility and determine the sanctions.
-
The
Board will make recommendations to the ResLife SC-Board Advisor (a hall
director). The SC-Board Advisor will then notify the student in writing of
the decision and any subsequent sanction(s) within 48 hours of the hearing.
The student has the
following rights during the hearing process:
-
The
student may waive his or her right to be present at his or her hearing. If
the student waives this right or fails to appear, the Board will continue
the hearing process, including determining recommended sanctions.
-
The
student will have the opportunity to hear all information, which the board
may use in making a decision.
-
The
student may object to the presence of up to one member of the Residence Life
Judicial Board, who will have not participation in the discussion.
-
The
student may have others speak on his or her behalf.
-
The
student has the right to a closed hearing.
-
The
student may submit evidence.
-
The
student may call witnesses.
-
The
student must receive written notice of the decision.
-
The
student may appeal the decision.
If the student is
found responsible for violation of residence hall or university policy, the
Residence Life Student Conduct Board may recommend imposition of one or more
of the following sanctions to the ResLife Student Conduct Board Advisor (an
appointed HD) who will issue a letter of
discipline.
-
Restriction of privileges (visitation, use of common areas of the hall, use
of stereo, TV, et cetera)
-
Special action (performance of a special project to improve Residence
Life—may include, but not limited to, custodial or maintenance work
assignment, required counseling, behavior contract, letter of apology,
planned programming, community service project)
-
Hall
probation
-
Restitution
-
Change
of hall or room assignment
-
Referral to the Director of Residence Life.
If the student
admits responsibility for the violation and waives the right to a hearing,
he or she will work with the Hall Director to determine a mutually agreed
upon sanction of one or more of the following options:
-
Restriction of privileges (visitation, use of common areas of the hall, use
of stereo, TV, et cetera)
-
Special action (performance of a special project to improve Residence
Life—may include, but not limited to, custodial or maintenance work
assignment, required counseling, behavior contract, letter of apology,
planned programming, community service project)
-
Hall
probation
-
Restitution
-
Change
of hall or room assignment
-
Referral to the Director of Residence Life.
Failure to comply
with sanctions determined through mutual consent will result in the student
being referred to the Director of Residence Life for further disciplinary
action.
The accused student
has the right to appeal the sanction determined through mutual agreement
with the Hall Director or the decision and sanction assigned by the
Residence Life Judicial Board to the Director of Residence Life.
Violation of certain
policies will automatically be referred to this Level. These include but are
not limited to policies pertaining to first alcohol policy violation,
extreme disregard for quiet hours, escort policy or the visitation policy.
The Hall Director, in certain situations, may deem it necessary to
automatically refer the student(s) to the Director of Residence Life.
Level 3 –
Referral to the Director of Residence Life
If a residential student violates a residence hall or
university policy or regulation or exhibits inappropriate behavior in an
extremely serious nature or has been involved in a Level 3 violation, the
reporting Residence Life staff member will complete an information report
and the Hall Director will refer the student to the Director of Residence
Life. The Hall Director has the authority to issue a level 3 violation based
on previous level 1 and 2 violations. The Director of Residence Life will
determine appropriate actions, per Board of Regents policy.
Examples of this
level policy violation include a first offense of the following:
-
Previous level 2 violation(s)
-
Possession of or use of ammunition, or dangerous or deadly weapons.
-
Drug
policy violations
-
Misuse
or abuse of SDSM&T computer hardware or software
-
Pulling a fire alarm
-
Violation of all other Board of Regent policies other than as noted in
Levels 1, 2, and 3.
The accused student
has the right to appeal the decision of the Director of Residence Life to
the Vice President for Student Affairs/Dean of students.
The listed sanctions
for each level are a minimum, and additional actions can be taken at any
level if deemed appropriate. The university may, in addition to action it
takes, turn the information over to civil authorities. Referral of a matter
to law enforcement will not require suspension of disciplinary proceedings
nor delay imposition of discipline.
In order for the
Residence Life Student Conduct Guidelines to work effectively, students and
staff must cooperate and fulfill their responsibilities. A student who fails
to appear before a member of Residence Life staff or other judicial agency
in a situation involving the investigation or processing of an alleged
violation of university policy after clear and repeated notice may be
subject o severe disciplinary action as determined by the Director of
Residence Life. Failure of a student having pertinent testimony regarding a
disciplinary matter to provide such information (except as it may
incriminate them) may likewise result in severe disciplinary action.
Residence life will
record documented violation of policy in an electronic discipline log kept
by the Hall Director. The logbook will be used to determine a student’s
status within the Judicial Guidelines system of levels. The Director of
Residence Life and the Dean of Students will have access to information
contained in the discipline electronic logs.
|
|
