University Residences Conduct Procedures

Western encourages students to act independently and maturely while in residence. Living in a group situation is not always easy, since everyone comes from a different background and has different expectations for living in the residential community. Policies and Procedures are established to outline standards by which all members of the community can live together. The University and the Office of University Residences have designed an education-focused conduct process that addresses inappropriate or illegal behavior, with the goal of changing future behavior. Students who violate policies should be aware that University Residences and University proceedings either may be undertaken prior to, simultaneously with, or following civil or criminal charges.

The Conduct Process

Students are responsible for their actions and will be held accountable for them. The following procedures are designed to ensure that student rights are not violated. We are committed to protecting individual rights as well as the rights of all community members.

When it appears a policy violation might have occurred occured, an Incident Report will be written to document the situation. The student will be notified in writing or via their university email account regarding a meeting with a conduct officer, usually the Resident Director* (RD), Assistant Resident Director (ARD). At this meeting, the conduct officer will review the incident report and listen to the student's perspective. During or after the meeting, the conduct officer will determine whether a violation has occurred, determine the degree to which the student was responsible, and possibly assign sanctions as appropriate.

The student will receive a written notification of the decision (conduct letter) within seven (7) business days of the conduct meeting. The student will be notified, in writing, if the letter will be delayed beyond 7 days due to extenuating circumstances.

* The Resident Director may refer a case to, or adjudicate with the University Residences Conduct Officer or an Assistant Director of Residence Life, who will serve as the conduct officer throughout the process.

Scheduling a Conduct Meeting

The Conduct Officer will send the student an email or letter which notifies them of the alleged misconduct. This will instruct the student to appear at a designated time and place for the conduct meeting. If it is not possible for the student to meet at the designated time due to a class conflict, he/she may arrange for an alternate hearing with the conduct officer by contacting them no less than 24 hours prior to the initially scheduled time. Meetings will take place whether the student is present or not. Information will be reviewed and a decision will be made based on the information on hand. The student will be informed of the decision in writing. A student who voluntarily moves out of University Residences or withdraws from the University prior to the completion of proceedings is not excused from pending conduct action. In such cases, information will be referred to the University Conduct Officer for possible further action.

Interim Sanctions

In some cases, interim sanctions may be imposed. An interim sanction is not an indication of a violation, it is simply a community safeguard until a decision about a possible violation(s) can be made. These sanctions remain in place until the conduct process is completed. If an interim sanction is violated, the offending resident may be removed from the halls and referred to the University Conduct Officer for further action.

Severe incidents may be referred to the University Conduct Officer for action that may effect student status; see the Student Rights and Responsibilities Code, found in the 2008-09 Bulletin.

Standard of Decision-Making

The Conduct Officer uses the available information to make a decision of whether it is more likely than not that the student violated University Residences policy.

Consistency and Fairness

Conduct Officers evaluate each situation and student individually when deciding the most appropriate action to take. When sanctions occur, they vary from student to student, even when a similar policy violation occurs. This is because the Conduct Officer considers multiple factors in arriving at the best sanction for the idividual, including the details of the current incident, the student's previous conduct history, their attitude around the incident and conduct meeting, their chances for changing their conduct, and the actual intended and potential impact of the behavior on the community.

Confidentiality

Conduct records are confidential and are not typically shared outside of University Residences. Federal law does allow the university to contact a parent/guardian if a student under the age of 21 appears to have violated the alcohol or drug policy. Please talk with your Resident Director if you have questions regarding confidentiality.

Sanctions

When a student has been found in violation of a policy, a sanction (or sanctions) may be assigned. Sanctions are designed to hold students accountable for policy violations, and to educate and guide students toward more acceptable behaviors in the future. Sanctions include, but are not limited to:

PASSIVE SANCTIONS (No specific action is required by the student):

Written Warning - Written warning that future policy violations will result in more severe disciplinary sanction. Students typically cannot accumulate multiple warnings.

Disciplinary Probation - Notice that further violations of policies may result in either relocation to another residence hall, or eviction from University Residences.

Deferred Eviction - Notice that further violations of policy will likely result in eviction from University Residences and referral to the University Conduct Officer for action that may impact one's status as a student.

BEHAVIORAL SANCTIONS (Action is required on the part of the student):

Alcohol or Drug-Related Sanctions - Students who violate the alcohol or drug policies are typically referred to the Alcohol and Drug Counseling and Assessment Services to receive any of the following services:

  • Individual Alcohol or Drug Assessment* - In an individual assessment, a student will be able to identify personal use patterns of alcohol, and make decisions about personal use based on detailed personal feedback of: comparison of personal use with WWU norms, amount and severity of alcohol consequences experienced (again compared to WWU norms), personal risk factors present, personal values about alcohol and their belief about future alcohol related behavior. Other options utilized may include alcohol skills assistance referral to support or treatment services as appropriate to the situation.

    *Individual Alcohol or Drug Assessments may take from 1 to 3 sessions depending on the situation and the student's history of use and consequences.
  • Follow-up Session(s) - If additional alcohol or drug-related incidents occur, or if the original problematic behavior continues, students may be referred back to Alcohol and Drug Counseling and Assessment Services for individual follow-up.

Referral to campus resource - Requirement that the student meet or connect with a specific campus resource. Examples include, but are not limited to, the counseling center, student health center, or academic abusing center.

Educational Sanction - Sanction specific to a particular incident (examples include stereo checks, creating informative posters, or rounds with an RA for a quit hours violation).

Relocation to Another Residence Hall - student must move out of his/her current residence hall, but not out of the University Residences system. This sanction is based on a hope that the student will be more successful if given the opportunity to begin a fresh start in another residence hall. The Conduct Officer may be very specific about which hall the student must move to. He/she may also restrict visitation rights to the hall and/or area that the student is being moved from.

Restitution - Requirement that the student make payment to the University or to other persons, groups, or organizations for damages which he/she is responsible. This may be imposed whether the action was intentional or accidental.

Community Service - Requirement that the student complete a workproject, thereby giving something back to the community, or with the intention that learning will also occur. Whenever possible, there will be a logical relationship between the misconduct and the assigned community work project.

Referral to the University Conduct System - A student who has violated University Residences policies and/or University policies may be referred to the University Conduct System, instead of, or in addition to, the University Residences Conduct System. Referred students meet with the University Conduct Officer, who, in extreme cases, may remove the student from the University.

Eviction/Termination of the University Residences agreement/contract - Cancellation of the student's housing agreement/contract, requiring that he/she move off campus. This sanction is reserved for those students who indicate an unwillingness or inability to live within the parameters that have been established for on-campus housing at WWU. This sanction typically includes restriction of visitation rights to one or more communities. In most instances, the student will be charged the full contract breakage penalty, since he/she has broken their contract by his/her own actions. Evicted residents are typically referred to the University Conduct Officer for additional follow-up.

Interim Suspension - In order to prevent danger to individuals, substantial destruction of property, or significant disruption of teaching, research, or administrative functions, the Dean of Students or his/her designee may temporarily suspend a student. An Interim Suspension will be pending a full review and discussion between the student and the Dean of Students or designee. An Interim Suspension becomes effective immediately upon written notice. The written notice of an Interim Suspension must include the stated violation, as determined by the Dean of Students, and the time, date and location of the meeting. The written notice will be sent by registered mail or delivered in person to the student.

In all cases of Interim Suspension, the student is entitled to a meeting before the Conduct Officer or the Dean of Students. The meeting shall take place within three business days after the beginning date of Interim Suspension. During the Interim Suspension period, the student will be allowed on University property only to the extent deemed permissible by the Dean of Students and/or the Conduct Officer. If a student fails to appear at his or her meeting, the suspension will stay in effect until the meeting has been completed and a new decision is made regarding all of the information and the student's status. Please see the Student Rights and Responsibilities Code in the Bulletin for more information.

Registration Holds

A 'hold' may be placed on registration for students who have an outstanding obligation to the university. Certain conduct code violations (for example, non-compliance with a behavioral sanction) may result in such a hold. When possible, written notification will be given to allow the student to comply with the sanction(s) prior to registration periods.

Minimum Sanctions

There is no such thing as an automatic sanction since every situation is different. However, several consistent baseline sanctions have been de- fined. These minimum sanctions give the student an understanding of the bottom-line sanctioning parameters that are expected of the Conduct Officers/Boards by the Office of University Residences.

Alcohol or drug violation - typically results in a referral to Alcohol and Drug Consultation and Assessment Services (ADCAS).

Second violation in a given year - will result in a sanction other than a Written Warning. A behavioral sanction and/or Disciplinary Probation is appropriate.

Minor who sponsors a party with alcohol - will result in a sanction other than Written Warning. The student will also be informed that the sanctions for sponsoring another party with alcohol may likely include removal from the hall.

Legal age student providing alcohol to minors - it is illegal to provide alcohol to anyone under the age of 21. The minimum sanction for any violation of this type is Disciplinary Probation.

Policy Violation while on Disciplinary Probation - typically results in relocation to another hall or eviction/termination of the housing agreement.

Failure to complete a sanction or failure to complete a sanction within the designated time frame - will result in being placed on Disciplinary Probation typically in conjunction with other sanctions (e.g. class registration hold). Failure to complete sanctions, ultimately, will result in removal from University Residences.

Tampering with fire-safety equipment (for example initiating a false alarm or intentionally misusing or abusing fire safety equipment) - Behavior which places the student or others at risk of physical harm will result in sanctions ranging from Disciplinary Probation to removal from the University Residences.

Theft of lounge furniture or community equipment - theft may result in the involvement of University Police.

Lack of compliance with, or abuse of, a staff member (including verbal abuse) - disruptive behavior will result in a sanction ranging from a behavioral sanction to removal from University Residences.

Possession of marijuana or paraphernalia containing residue of marijuana - First violation includes a minimum of Disciplinary Probation and referral to Alcohol and Drug Counseling and Assessment Services.

Possession of a full or empty keg or other obvious common source container of alcohol - will result in Disciplinary Probation. Violation of this policy coupled with other violations (e.g., selling alcohol, disruptive behavior, noise violations) may result in removal from University Residences.

Policy Violations During Finals Week

The maintenance of an academic atmosphere in the residence halls during finals preparation week and finals week is paramount. In addition to abiding by quiet hours, it is expected that residents behave in a manner that allows other residents to focus on exams and academic needs. For this reason, if any resident acts in a manner that is disruptive to the hall/ apartment community during finals preparation week or finals week, the student will be referred to the University Conduct Officer and the student may be immediately moved to guest housing or off campus.

Appeal Process

Students have the right to appeal the decision of the Conduct Officer. Conduct decisions that are made by the Resident Director or Assistant Resident Director and are considered on appeal by the University Residences Judicial Officer. Conduct decisions made by the University Residences Judicial Officer are considered on appeal by the Assistant Director of University Residences, or his/her designee.

To file an appeal, the student must submit a completed Conduct Appeal form within five (5) school days of the date of the conduct letter from the Resident Director, Assistant Resident Director or University Residences Conduct Officer. This form should address the nature or reasons(s) for the appeal.

Students may appeal because they believe there wasn't sufficient information on which to base the decision, because conduct procedures were not followed, or because they believe the sanction to be unfair or disproportional.

Decision-Making Standard for Appeals - When a student initiates an appeal, the student must demonstrate to the Appeal Officer that initial conduct decision was incorrect. Failing to attend the initial conduct meeting is not a reason to appeal a conduct decision.

The Appeal Officer will review the appeal form, the incident report, and the related conduct letters. Within seven (7) business days, the student will receive written notification of the final decision. The original conduct decision may be upheld, modified, or reversed. Decisions made by the Appeal Officer are final.

Proceedings

All proceedings, including the initial conduct meeting are carried out in a manner that is informal and at the same time assures fundamental fairness. Conduct proceedings records, including Incident Reports and conduct letters, and records from appeal proceedings, will be maintained by the Residence Life Office. Records will not be available to any member of the public except upon written consent of the student involved. Certain exceptions are authorized under the "student records policy," Chapter 516-25 WAC.

Statement of Student Rights
  1. The student has the opportunity for a thorough conduct meeting.
  2. The student has the right to a fair conduct meeting. In cases of obvious and/or significant bias, the student may request an alternate conduct officer (someone other than his/her own Resident Director) or to be heard by the conduct officer.
  3. The student has the right to be informed of all alleged policy violations prior to the conduct meeting.
  4. The student has the right to review the incident report(s) and sanction letter(s).
  5. The student has the right to one level of appeal within the University Residences conduct system.
  6. The student has the right to have a student, faculty, staff support or other person be present at any conduct meeting pertaining to his/her case. This individual serves as an advisor to, rather than a representative for, the student.
    1. The support person's role is to observe the process and provide support and guidance to the student, as needed. The support person may not represent the student or speak on his/her behalf.
    2. Resident Advisors may not serve in the support-person role due to the potential for conflict of interest. However, the RA can serve as a resource for students prior to and after the conduct meeting.
    3. The support person may not have a conflict of interest with the case being investigated.