Procedure Basics
The majority of student conduct cases regarding alleged violations of policy in the lodges consists of four possible stages. First is the documentation of a policy violation, second is the judicial conference meeting, third is the decision regarding one’s responsibility for the allegation, and fourth is a sanction decision if the student was found responsible. The process is outlined below.
Documentation of a Policy Violation
Residence Life and Housing staff, University Police, and any member of the lodge community may document a policy violation. Forms are available on the Report an Incident webpage. Residence Life and Housing staff (including RAs) and University Police will complete the majority of policy violation documentations.
When addressing a situation, Resident Assistant staff generally utilizes the following guidelines:
- RA staff will knock loudly on the apartment door and announce themselves as RA staff. If no one answers, the staff will knock again. If after two knocks no one has answered the door, RA staff will then contact the administrator on call. The administrator on call will then decide if the University Police should be contacted.
- Once the apartment has been entered, RA staff will record what they see occurring and who is present. All individuals present in the apartment will be required to produce an ID of some kind as well as provide a postal address and other contact information. It is a violation of the Code of Student Rights, Responsibilities, and Conduct to provide false information to any staff member. RA staff may also call for support from the administrator on call or University Police as necessary.
- RA staff may then ask everyone to disperse and will leave the situation. They will then complete the proper paperwork to be turned in for the student conduct process. The RA staff member plays no role in sanctioning residents or determining what policies have been violated. Their role is to act as observers, manage situations, and complete documentation in a timely manner.
The Judicial Conference
A Judicial Conference normally consists of a meeting between the accused student and a student conduct officer. This is not a court trial or legal proceeding. The judicial conference is an administrative hearing to decide if the student is responsible for the alleged violation.
Most student judicial conferences are conversations and are educational in nature. The best way to make the judicial conference work for everyone involved is for the student to be an active, honest participant in the conversation. This is a student’s chance to tell their side of the story, take responsibility if appropriate, and actively engage in the process. More information about Judicial Conferences can be found online on the Dean of Students website.
Hearing Commission Hearings
The Hearing Commission hears cases to be resolved when the alleged misconduct may result in suspension or expulsion from the University. The Commission is composed of two faculty/staff (preferably one of each), two students, and one student conduct officer. Procedural guidelines for a Hearing Commission hearing can be found online on the Dean of Students website.
Classes of Violations
Violations of residence hall policy can range in severity. Students found in violation of a residence hall policy may receive differing sanctions based on the level of the severity of policy infraction and the level of cooperation displayed by the student at the time of the incident and throughout the judicial conference process.
Class I offenses are handled by the Residence Life Coordinators. These offenses are subject to appeal in writing by the accused to the Director of Residence Life and Housing. Examples of Class I offenses may include, but are not limited to:
- Violation of quiet hours
- Removal of window screens
- Possession of prohibited pets
- Door propping
- Possession of prohibited furniture or appliances
- Improper storage of bicycles or gas-powered vehicles
- Guest policy violations
- Playing sports in a residential facility
- Tobacco use in an unauthorized area
Class II offenses ordinarily are handled by the Residence Life Coordinators, but may also result in referral to the Director of Residence Life and Housing. Examples of Class II offenses may include, but are not limited to:
- Alcohol violations/displays or behaviors that glorify the use of alcohol
- Unauthorized removal of residence hall furnishings from a common space
- Unauthorized entrance of a closed residence hall
- Misuse of residence hall telephones
- Throwing materials out residence hall windows
- Urinating in public or public nudity
- The use of candles or incense
- Destruction of student or University property less than $100 (except exit signs; see Class III)
Class III offenses are most often handled by the Director of Residence Life & Housing. Examples of Class III offenses may include, but are not limited to:
- Unauthorized presence on a residence hall roof
- Use, possession, or sale of drugs or drug paraphernalia
- The misuse of fire equipment and fire safety materials, including fireworks
- The damage or destruction of fire safety materials including exit signs, pull stations, extinguishers, or emergency exit location placards
Class IV offenses are the most serious. Students found in violation of Class IV offenses may face serious consequences. Class IV offenses are most often handled by the Director of Residence Life & Housing or are referred to the Hearing Commission. Examples of Class IV offenses may include, but are not limited to:
- Destruction of student or University property in excess of $100
- Theft
- Violence, the threat of violence, harassment, or intimidation of any member of the University community
- Sexual misconduct
Depending on the severity of charges against a student, and for the protection of the residential community, an “interim suspension” from residential facilities may be imposed prior to a hearing. Such a suspension will require the student to immediately leave campus housing until a hearing occurs.
Sanctions
The following factors will be considered in determining sanctions: present attitude; past record, both positive and negative; severity of the behavior; damage, injury, harm or disruption or the potential for such; and the students or group’s honesty, cooperation, and willingness to make amends. A detailed list of potential sanctions can be found in the IU Southeast Code Procedures online on the Dean of Students website.