NUMBER:		STAF 4.12
SECTION:	Division of Student Affairs
SUBJECT:	Procedures for Responding to Violations

LATEST REVISION:August 7, 2001

DATE:		May 1, 1995 (Replaces STAF 5.03)

Policy for:	Columbia Campus
Procedure for:	Columbia Campus
Authorized by:	Dennis A. Pruitt
Issued by:	Housing

												

PROCEDURES FOR RESPONDING TO VIOLATIONS

Based on a concern for the welfare of the total University residence
community, as well as the individual, the following policy outlines
procedures and reasons for responding to violations.



I.	OPTIONS FOR RESOLUTION OF DISCIPLINE VIOLATIONS

Violations of rules and regulations occurring in or on the premises of
University residence halls may be referred to a Residence Hall Director, 
Resident Manager, or Housing Hearing Officer for appropriate action. The 
case may be resolved by these individuals or referred to the Office of
Student Judicial Programs for resolution.

In buildings that have a Residence Hall Director/Resident Manager, 
violations are usually responded to first by the Residence Hall
Director/Resident Manager who meets with students in educational
conferences. Some cases may be resolved by the Residence Hall 
Director/Resident Manager. The Residence Hall Director/Resident 
Manager may also refer cases to a Housing Hearing Officer or for
a Residence Hall Conduct Hearing.

When evidence exists that indicates a resident may be responsible for one 
or more violation(s), charge(s) may be filed. After the resident responds 
to each charge by indicating he or she is "responsible" or "not 
responsible," he or she may indicate a preference for having the charge(s)
resolved through: 


A. 	Mediation:  This option is reserved for situations where all of the 
	immediate parties in the incident agree to have a conflict resolved
	in this fashion, and the option is considered appropriate by the
	housing staff member referring the case. Failure to fulfill the terms 
	of a mediation agreement could lead to reactivation of the charges as 
	well as additional disciplinary action.

B. 	Informal Administrative Hearing:  Cases may be resolved in an
	Informal Administrative Hearing when the student(s) accepts 
	responsibility for the charges.

C. 	Formal Administrative Hearing with Hearing Officer:  Cases may be
	resolved in a Formal Administrative Hearing setting with a Housing 
	Hearing Officer.

D. 	Residence Hall Conduct Hearing:  The Carolina Student Judicial 
	Council is the judicial arm of the Residence Hall Association and is 
	composed of students who have been selected and trained specifically 
	to operate as hearing authorities for discipline cases. A hearing 
	board consists of no more than five and no less than three Carolina 
	Student Judicial Council members.

The Housing Hearing Officer may assign the case to a Residence Hall Conduct
Hearing or to a Formal Administrative Hearing to expedite resolution of a 
particular case.  The following restrictions apply to choosing a preference 
for case resolution:

· If a student indicates he/she is "not responsible", he/she may not choose 
an informal administrative hearing with the Hearing Officer;

· If more than one person is charged in connection with the same incident, 
they may be required to choose the same option for resolution, unless 
exceptional conditions are present;

· If the Housing Hearing Officer filing charges believes one of the sanctions 
may be termination of the housing contract, the case must be resolved through 
a hearing conducted by the Carolina Student Judicial Council, a Housing 
Hearing Officer from another area, or the Office of Student Judicial 
Programs.

· In the spring semester, a student cannot choose resolution by the Carolina 
Student Judicial Council for incidents that occur from a date two weeks prior 
to reading day through the end of the spring semester.

Specific procedures for Residence Hall Conduct Hearings and Formal
Administrative Hearings will be provided to the charged student prior to 
the hearing.


II.	SANCTIONS

Sanction decisions will be made after a documentation of the violation(s) is 
presented by a staff member, reviewed by the resident, and determination of 
responsibility is made. Responsibility for violating Housing policies will be 
determined by a preponderance of evidence. Once a determination of 
responsibility has been established by the Hearing Officer (or designee), 
information concerning the resident student's previous violations and 
cumulative documentation by the hall staff as well as the impact of a 
particular student on the residential environment will be reviewed and taken 
into consideration before a sanctioning decision is made. Sanctioning 
decisions are made with the goal of achieving the following five objectives:

· Ensuring the student learns as much as possible;
· Preventing future violations;
· Demonstrating the University's position regarding the behavior;
· Providing an opportunity for the student to make restitution;
· Where appropriate, providing an opportunity for other students to learn
from the incident.	
			
Sanctions for the violation of any contractual agreement, residence hall
regulation, and/or University conduct policy may include the following:

A. 	Written Warning - An official written reprimand making the misconduct
	a matter of record in University files for a specified period of 	
	time. Any further misconduct could result in more sever disciplinary action.

B. 	Conditions/Restrictions - Limitations upon a student's behavior for a 
	period of time, or an obligation to complete a specified activity. 	
	This sanction may include, but is not limited to, restriction of 	
	visitation privileges, denial of the right to hold an office with a 	
	departmental organization, required attendance at a workshop, or 	
	participation in public service.

C. 	Fines and Restitution - A student may be ordered to make restitution 
	or to pay a fine when the student has engaged in conduct including 	
	but not limited to: the damage or destruction of property, or the 	
	theft or misappropriation of property, or fraudulent behavior, or 	
	violations of the alcohol and/or drug policies. Such property may 	
	belong to an individual, group, or the University. Restitution may be 	
	in the form of financial payment, community service, or special 	
	activities designated by the hearing authority. Additional fines may 	
	be assessed as a punitive measure.

D. 	Housing Probation - Notification that further misconduct, failure to 
	complete assigned sanctions, or failure to comply with official 	
	requests may result in permanent removal from University Housing 
	without entitlement to a refund for the remainder of the period 
	originally contracted.

E.	Relocation - Transfer of the resident's housing contract to another 
	room on campus. The room may be designated. The resident will be given 
	a reasonable time to relocate. When a resident has been relocated, 
	he/she is not permitted to return to the original residence hall for 
	any reason including visiting, unless special permission has been 
	obtained from the Office of Housing and Judicial Programs or the 
	Office of Student Judicial Programs.

F.	Removal from University Housing - Termination of the resident's 
	housing contract requires the resident to vacate his or her room, 
	usually for a specified period of time. Removal from University 	
	housing is justified if it is judged that a resident's continued 	
	presence in University housing would prove detrimental to either the 	
	residential community or the resident. The resident will be given a 	
	reasonable time, usually no less than two (2) calendar days, to 	
	vacate University housing after the decision to terminate 
	his/her housing contract. Students removed from University housing 	
	are not permitted to return to any University residence hall without 	
	special permission from the Office of Housing and Judicial Programs 	
	or the Office of Student Judicial Programs. A student removed from 	
	University housing is not entitled to a refund for the remainder of 	
	the semester in which they are removed.


III. APPEAL PROCESS FOR FORMAL/INFORMAL ADMINISTRATIVE HEARINGS BY HOUSING 
HEARING OFFICERS

All appeals of decisions by Housing Hearing Officers in Informal
Administrative Hearings or Formal Administrative Hearings will be 
automatically referred to the Office of Student Judicial Programs for 
resolution through a Residence Hall Conduct Hearing or a University Conduct 
Hearing.

IV. APPEAL PROCESS FOR RESIDENCE HALL CONDUCT HEARINGS

Decisions of the Carolina Student Judicial Council in a Residence Hall 
Conduct Hearing may be appealed by a resident student found responsible for a 
violation to the Associate Director for Residence Life. The reasons for an 
appeal are limited to the following:
· The original Hearing Officer/Council committed a procedural error in 
hearing the case which significantly prejudiced the findings of the Hearing 
Council; and/or
· New evidence, which could not have been available at the time of the 
hearing, and which is material to the outcome of the case, is available.

An appeal to the Associate Director of Residence Life must be made in writing 
within five (5) University business days of receipt of the original written 
decision to the Office of Student Judicial Programs who will submit it to the 
Office of the Associate Director of Residence Life. A decision is assumed to 
be received three (3) University business days from the date of the mailing. 
On appeal the Associate Director of Residence Life or designee shall review 
the appeal.

If an appeal is in process, sanctions of relocation or removal may be 
implemented until after the appeal decision is made.

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