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Department of Housing and Residence Life Disciplinary Process

The purpose of the disciplinary process is to determine the facts upon which the charges are based in order to determine a decision that represents the best interests of the residents of the University Housing community as a whole while maintaining the rights of the individual(s) involved. This is not a legal system but rather an educational process based on a Student Disciplinary Process model. The decision will be based upon the preponderance of evidence standard.

Disciplinary Documentation

If a student violates a rule, he/she will be charged, a charge letter will be sent out, after which the student will have an opportunity to respond to the charges. This process description is designed to explain disciplinary documentation and procedures.

Information and Terms

Incident Report:

An incident report is used to document an incident in which a policy has been allegedly violated in or around University Housing. The incident report can be initiated by a resident/student through the Resident Assistant, Residence Coordinator, or other Housing and Residence Life staff member or university employee. Incident Reports may also be initiated by a Housing and Residence Life Staff Member.

Complainant:

This is the person initiating action by submitting an incident report with the Department of Housing and Residence Life.

Respondent:

This is the person who has allegedly violated University Housing or Barry University policies, procedures, state and federal laws, or state statutes.

Hearing Information:

This is the meeting which takes place between involved parties noted on an incident report. Hearing procedures vary according to the type of action designated by the Complainant, or person initiating the action, and the plea entered by the Respondent. If the Respondent chooses not to attend a hearing, the hearing will proceed as scheduled in his/her absence. The Respondent is responsible for checking his/her university email account for notices.

Disciplinary Hearing:

This is the meeting where the Respondent meets with a Housing and Residence Life professional or designee. The Respondent enters a plea of "Responsible" or "Not Responsible" to each violation (infraction) documented. A discussion then takes place to determine the responsibility if any of the Respondent. If responsibility is determined by the hearing officer then sanctioning is determined at that time.

Scheduling/Rescheduling:

The Respondent or Complainant may reschedule a hearing providing that at least 24 hours notice is given to the Housing and Residence Life professional staff member or designee. If this notice is not received, the hearing will continue as scheduled and a decision will be rendered based on the information provided. The University may deny a request to reschedule a hearing.

Sanction:

The sanction is an action issued to a Respondent found responsible for infractions. The sanctions vary and are as follows: official warning and written reprimand, educational sanctions such as community service projects; drug and alcohol assessments and/or counseling; papers, seminars, formal sanctions such as monetary compensation (restitution), student disciplinary probation, relocation or transfer within University Housing, Dean's Referral by a University Housing staff member, interim suspension removal, removal from University Housing, loss of privileges, etc

Advisor:

Advisors may be present at all hearings, only with the permission of the Respondent and Complainant. The observer may not speak on behalf of the Complainant, Respondent or act as a witness. The Respondent has the right to bring an interpreter to the hearing when English is not his or her primary language.

Hearing Officer:

This is the individual who is facilitating and reviewing the student disciplinary hearing.

Witness(s):

The Respondent may call individuals who were present at the time of the incident in question. No character witnesses are permitted.

Information About a Disciplinary Case

All students documented for an alleged violation of the University Housing Contract, University Housing Manual, University Student Handbook and/or other university policies and procedures, federal laws or State of Florida laws or statutes, are afforded the rights outlined below. Each Respondent may view a copy of this information, located on the Housing and Residence Life website, when he or she is notified of a hearing regarding an alleged violation. All Respondents are held responsible for the information found on this website.

Right to be Informed:

The Respondent has the right to be informed of impending action by means of a contact letter, verbal notice and/or documented telephone contact.

Bill or Rights:

The Respondent in any disciplinary case within University Housing shall be granted the following rights:

  1. Respondent has the right to be heard.
  2. Respondent has the right to face the Complainant.
  3. Respondent has the right to be notified in advance of the date, time and place of a hearing.
  4. Respondent has the right to introduce witness(s) and/or evidence pertinent to the case at the hearing. Prior notice of the witnesses may be required of the Respondent.
  5. The standard for determining responsibility of an alleged violation is preponderance of evidence. Decisions are made based upon the fair preponderance of evidence of the incident.
  6. The Respondent has the right to receive written notification of a decision within three business days after the hearing. The Respondent is responsible for all notices placed in his or her University Housing mail box or University email.

Appeal Requests:

Appeal Requests must be based on more than just disagreement with the outcome of a hearing. The Respondent has the right to appeal a decision to the next highest disciplinary level in University Housing. A decision of a student disciplinary case is deemed received by the Respondent on the date it is placed in the student's mailbox or university email. The Appeal Request must be submitted to the next highest level by 4:30 PM of the next business day following the date of the receipt of the decision. Appeals must be typed. An Appeal Hearing will be scheduled after receipt of the Appeal Request and appropriate documentation. A review of the appeal materials may take place without a hearing. The criterion for filing an appeal is limited to the following:

  • Failure to receive due process (the basis must be specified).
  • Severity of penalty (this ground is only available as basis for appeal when sanction imposed is
  • Removal from University Housing).
  • There is new material evidence which could not have been discovered at the time of the hearing. (Failure to attend a hearing does not qualify in these criteria).

Possible outcomes of the appeals are:

  • Denial of the appeal
  • Upholding original sanction(s)
  • Reduction of the sanction(s)
  • Convening a new hearing

The Respondent will be notified in writing of the result of the hearing. Depending on the case, the Respondent may have an opportunity to appear for the appeal hearing. Filing an appeal will not delay or prevent any type of sanction, Suspension or Removal from University Housing.

Confidentiality:

All information regarding student disciplinary cases is confidential. No official records will be released outside the University without the written consent of the Respondent or pursuant to the legal process when the University Attorney may be involved. Information concerning a student disciplinary case will only be discussed with the Respondent and only in person.

Case Records:

A file of the case is maintained by the Dean of Students Office. All student disciplinary hearings will be digitally recorded by the University and will become a part of the case file. All records are maintained for a period of four years, (in accordance with University records). The Respondent is not permitted to use his or her own audio or video recording device.

Access to Records:

Only the Housing and Residence Life professional staff as well as the Dean of Students Office professional staff shall have access to the records of student disciplinary cases. Additionally, the Respondent has access to his or her own records while in the company of a professional staff member of the Department of Housing and Residence Life and Dean of Students. Official records shall remain in the Central Office of the Dean of Students.

Severity of Alleged Violation and Due Process:

Situations may exist which, simply stated, require immediate action to ensure the safety and/or security of the residents and/or the University Housing community. Due to the behavior of a resident and the severity of the incident, a resident may forfeit his/her rights to due process.

Standards for Conduct in a Community:

Residents in University Housing are expected to be familiar with and conduct themselves in accordance with the Standards for Community Living listed in the Guidebook. Through the University Housing contract, the resident has agreed that he or she is responsible for abiding by state and federal law and University rules and policies, including all University Housing rules and policies contained in the Department of Housing and Residence Life Housing Manual. The Manual is published to provide residents with general notice of appropriate conduct. This should be read broadly and is not designed to determine misconduct in exhaustive terms.

Formal Sanctions

Community Damages:

Appropriate oversight of community areas is the responsibility of all residents. Damages which occur in a unit will be charged to the student(s) assigned to the unit. Public area damages will be charged to those identified as responsible. All residents of an area may be held responsible for damages as only residents of an area or guests are allowed in these areas. Public damages not charged to a specific individual may be charged to all residents of a community and divided equally among all community residents.

Damage Charges:

See Community Damages as taken from the Department of Housing and Residence Life Manual. The Damage charge is assessed to a resident when the resident is found responsible for damage, vandalism or other destruction to University property.

Dean's Referral:

This is the document of a violation or a sanction which is forwarded to the Dean of Students Office for further disciplinary review.

Interim Suspension from University Housing:

Immediate temporary removal of a resident from University Housing pending a hearing when it is determined the resident's continued presence in University Housing constitutes a threat of physical or emotional harm to others or him/herself. During the time of removal, the student is restricted from all areas in and around University Housing and remains financially responsible for the University Housing contract.

Disciplinary Probation:

Sanction serving notice to the resident that he/she has been found responsible for a policy or rule violation. The term of Probation will vary depending on the circumstances of the incident. Residents violating Probation are subject to another hearing, additional sanctions or other sanction deemed appropriate.

Disciplinary Warning/Written Reprimand:

Sanction serving notice to a resident that the resident's behavior has not met the Department of Housing and Residence Life Standards for Community Living. Future violations of the University Housing contract or policies will result in more severe disciplinary sanctions/actions.

Relocation:

Where appropriate a resident may be moved (transferred) to another room assignment within University Housing to provide a new start in a different area of the University Housing community. Resident must complete all appropriate administrative paperwork as instructed in order to complete the move.

Removal/Expulsion from University Housing:

Where appropriate the University will terminate a resident's University Housing contract and permanently remove the resident from University Housing. Removal from University Housing does not relieve the applicant of the financial obligations of the University Housing contract. Any student sanctioned with removal is restricted from all areas in and around University Housing and is subject to arrest for trespass.

Suspension from University Housing:

This is a sanction which terminates the resident's University Housing contract and removes the resident from University Housing for a specified period. The student may apply for readmission to University Housing following the period of suspension. During the time of suspension, the student is restricted from all areas in and around University Housing and will be subject to arrest for trespass. Suspension from University Housing does not relieve the applicant of the financial obligations of the University Housing contract. Any student sanctioned with suspension is restricted from all areas in and around University Housing and is subject to arrest for trespass.

Parental Notification for Alcohol and Other Drugs

Barry University will notify parents or guardians of dependent students (as defined in 26 U.S.C. s. 152 of the IRS Code of 1954) who are under age 21 if the University determines that the student violated a University rule or policy regarding alcohol or other drug, under any of the following circumstances:

The student is required to be transported to a medical facility and treated because of alcohol or other drug use.

The student has caused harm to him or herself or another while under the influence of alcohol or other drugs.

The student was arrested or taken into custody by police while under the influence of alcohol or other drugs.

The student was responsible for vandalism or other destruction of property while under the influence of alcohol or other drugs.

The student was operating a vehicle while under the influence of alcohol or other drugs.

The student has been found responsible for violation of a federal, state or local law or University rule or policy related to alcohol or other drugs at least one time previous to the current violation.

The information regarding the student is needed in connection with an emergency to protect the health or safety of the student or other individual.

Other circumstances that are determined by the Vice President for Student Affairs, or his or her designee, to be appropriate

Other Appropriate Actions:

Any other disciplinary action not specifically set out above, but deemed appropriate. The University may remove the resident if he/she fails to meet the full terms and conditions stated in the University Housing contract or for any violation of University or University Housing rules.

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