University Housing - Residence Halls Student Conduct / Discipline Process

Discipline Process

Violations

Any University student, staff, or faculty member may bring a complaint against a residence hall resident based on an alleged violation of conduct rules found in the Residence Hall Guidebook section entitled Policies, Rules, and Regulations (see section beginning on page 28). In some cases, a resident sanctioned in accordance with university disciplinary policies may also face criminal charges filed under local, state and federal laws. A student's residence hall status is a separate matter from the question of criminal responsibility. When a resident is charged by the police, disciplinary complaints that arise out of the circumstances which led to the arrest are adjudicated according to the standard administrative procedure without delay and without reference to criminal procedure. A resident found not guilty in court of a criminal charge may still face administrative sanctions if disciplinary policies were violated. All such complaints shall be made to the hall coordinator responsible for the building where the alleged misconduct occurred.

In order to maintain an environment conducive to learning, the University Housing Judicial System is guided by the principle of progressive discipline. Under this principle, official responses to misconduct must contribute to the personal development of the student, who will be held accountable for his or her actions and given a second opportunity to demonstrate good character after a single minor violation, and in the event of additional violations will receive more serious sanctions.

In some cases, a resident will be suspended from the residence halls or from the University altogether. The following violations ordinarily result in a residence hall suspension even if there are no prior sanctions on record: possession or use of illegal drugs and/or drug paraphernalia, possession of large quantities of alcohol, sounding a false alarm, violation of the open flame policy, possession of weapons/knives or explosive materials. These examples are not intended to be a complete list. Other types of violations could also lead to suspension. Students found to be responsible for aggravated assault, sexual abuse, or selling illegal drugs are ordinarily suspended or expelled from the University..

Investigation

The staff member assigned to investigate the complaint will gather relevant evidence to determine whether or not there is a reasonable basis for believing that the conduct rules were violated. If a student acknowledges that they violated a policy a mutual agreement disciplinary form will be used to determine the appropriate sanction. In cases where the student denies involvement, the investigator may interview the complainant, the resident accused, and witnesses. A resident accused of misconduct has the right to present his or her side of the story to the investigator and present witnesses and evidence on his or her behalf. If the accused student fails to respond to a request for a meeting, a decision will be made in their absence. If the investigation shows that the accused student is responsible, based on a preponderance of evidence, then the hall coordinator may proceed to impose sanctions.

During the period of investigation, the investigator may impose a No-Contact Order, a Building Prohibition Order, or a Disciplinary Room Transfer on a temporary basis. Temporary sanctions will remain in effect until the complaint is resolved.

Depending upon the outcome of the investigation, the complaint may be dealt with in one of five ways:

Dismissal of Complaint. The investigator may determine that sanctions are not warranted and dismiss the complaint.
Deferred Judgment. The investigator may elect to postpone a decision on the merits of a complaint with the option to reopen the investigation later. If no further complaints are made during the remainder of the academic year, then the original complaint will be dismissed.
Policy Reminder Letter. The investigator may elect to remind the accused resident, in writing, of residence hall policies and issue a general warning that a violation will result in sanctions. A copy of the reminder letter will be placed in the resident's disciplinary file but will not be considered a finding of guilt or a formal sanction.
Referral to the Director of University Housing. In cases warranting serious sanctions such as suspension, the investigator may refer the matter to the Director of University Housing for resolution.
Referral to the Vice President for Student Services. The investigator may refer the matter for resolution to the Office of the Vice President. Under the Code of Student Life procedures, a resident may be suspended from the residence halls or suspended from University classes by an administrative hearing officer. University Housing reserves the right to refer cases that arise late in the semester directly to the Office of the Vice President.
Disciplinary Sanctions. The investigator may impose any one or a combination of the disciplinary sanctions listed in the following subsection.

Sanctions Imposed by Residence Hall Staff

Area coordinators or their designees are authorized to impose one or more of the following sanctions upon residents found responsible for misconduct based on a preponderance of evidence standard of proof:

Disciplinary Warning: This is a strong written warning stating that if there is a repetition of the same action or any other action in violation of the rules and regulations of residence halls, the resident can expect additional disciplinary action. A record of the disciplinary warning is kept on file.
Disciplinary Probation: When on disciplinary probation, a resident is not considered to be in good standing with respect to the non-academic disciplinary system. Any further violation may lead to suspension or dismissal from the residence halls or the University.
Disciplinary Room Transfer: A resident may be transferred to a different area of the residence halls.
Restitution: A resident may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to residence hall property or medical or counseling expenses incurred by the victim.
Fines: In cases involving violations of the alcohol or drug policy fines ($200 - $700) will be imposed. Funds from fines will be used to support the University's alcohol and drug education and awareness programs and provide social programs for residence halls.
Educational Sanction: A resident may be required to provide a specific service or participate in a specific program, receive specific instruction, or complete a research assignment. Students are often referred to Health Iowa for substance abuse education or counseling. The resident is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.
Disciplinary Exclusion: A resident may be prohibited from entering a specific building(s) or area, or prohibited from contacting a resident(s).
Disciplinary Suspension/Hall Eviction: A resident may be involuntarily separated from the residence halls on a permanent basis or for a stated period of time after which readmission is possible. Residents suspended from living in a University residence hall shall automatically forfeit residence hall privileges, will be assessed a Cost Recovery Charge (see page 9), and may be excluded from University activities and University facilities.

For purposes of progressive discipline, a student may be suspended or expelled from the University if he/she is found to have violated The University of Iowa Code of Student Life subsequent to a residence hall violation.

Sanctions Imposed by University Hearing Officers

In the event that the complaint is referred to the Office of the Vice President for Student Services for resolution, residents found responsible for misconduct by a University hearing officer are subject to the following sanction in addition to the eight sanctions listed above:

Suspension or Expulsion: A student may be involuntarily separated from the University permanently or for a stated period of time after which re-admission is possible.

Compliance with University Officials

Residents requested to meet with residence hall staff members regarding a disciplinary complaint are expected to comply with the request in timely and cooperative manner. Furthermore, residents who have been disciplined are expected to comply in a timely manner with the sanctions imposed. Non-compliant residents are subject to additional disciplinary action, including the possibility of suspension from the residence halls or from University classes.

Review of Actions Taken by the Investigator

Any resident disciplined by an University Housing staff member under the procedures set forth above may appeal to the assistant director for residence life by filing a written petition with the assistant director specifying the grounds for the appeal within three calendar days following the Investigator's decision. In the event that a timely appeal is filed, the assistant director or his or her designee will review the contents of the resident's disciplinary file.

In cases where University procedures were not followed or substantial rights of the resident have been prejudiced, the assistant director may reverse or modify the sanction(s) imposed. In the alternative, the assistant director may sustain the Investigator's decision, impose a more serious sanction, or refer the complaint to the Office of the Vice President for Student Services for consideration under the Code of Student Life procedures. A meeting with the student is not required.

Review of Actions Taken by the Director

Any resident suspended by the director may appeal to the Vice President for Student Services by filing a written petition to the Vice President within three business days following the director's decision. The Vice President's office is in 249 Iowa Memorial Union. In the event that a timely appeal is filed, the Vice President or his or her designee will review the contents of the resident's disciplinary file.

The petition must specify the grounds for the appeal. In cases where University procedures were not followed or substantial rights of the resident have been prejudiced, the Vice President may reverse the director's decision or modify the sanction(s) imposed. In the alternative, the Vice President may sustain the director's decision or resolve the complaint under Code of Student Life procedures. A meeting with the student is not required.

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