Chapter 5 – On-campus housing rules and conduct process

Prohibited Conduct in Residential Halls and Conduct Processes

The University of Nevada, Reno expects all students to maintain behavior consistent with its educational goals. Being a member of the residential life community means understanding and adhering to the University Code of Conduct, Residential Life Student Housing and Meal Plan License Agreement and Community Rules; as well as being an active participant in the positive development and well-being of that community. As a community member, you are responsible for your (and your guest’s) behavior and the choices you make.

The University has established regulations and policies for student conduct that support the core educational mission of the University students through the Student Code of Conduct (“Student Code”). Residential Life, Housing and Food Services has established additional rules that apply to residents and guests in the residence halls (“Community Rules”) and as stated in the Residential Life Student Housing and Meal Plan License Agreement (“License Agreement”). All students who reside in University Residence Halls shall comply with the NSHE and University policies, University Student Code of Conduct (“Student Code”) and all federal, state, and local laws. All students who reside in University Residence Halls shall comply with the Residential Life Student Housing and Meal Plan License Agreement (“License Agreement”) and the Residential Life Community Rules (“Community Rules”).

If you are ever in the presence of an alleged violation, you have some choices:

• You may attempt to stop the behavior or alleged violation;, and/or
• You may remove yourself from the situation, and/or
• Contact Residential Life staff or public safety officers
  • Reno Campus. Contact Residential Life staff or UNR Police at (775) 784-4013
  • Lake Tahoe Campus. Contact Residential Life at (775) 771-4108 or Security at (775) 223-3107

Student Housing & Meal Plan License Agreement and Community Rules

The License Agreement is a document students must sign in order to complete their application to live on campus. Signing the License Agreement indicates students have the understanding they are living on campus for the entire academic year (August – May) and must follow the Terms and Conditions outlined in the agreement, as well as Residential Life Community Rules and the Student Code of Conduct.

Students living in on-campus residence halls (“residents”) are required to abide by Terms and Conditions as stated in the License Agreement as well as the Community Rules (included in this chapter). Alleged violations of the Community Rules are processed through a progressive and cumulative conduct process overseen by Residential Life staff. Students may be held accountable through the Residential Life Conduct Process if the Community Rules are violated.

A finding of responsibility for violation of the Community Rules could lead to education or disciplinary sanctions, up to and including termination of the License Agreement and removal from the residential halls.

Residential Life does not have jurisdiction over the acts of guests of residents. However, residents are held responsible for the actions of their guests for violations of the License Agreement and Community Rules.

For further information on the License Agreement, please review the License Agreement found at Residential Life, Housing and Food Services website. For further information on the Community Rules, please see below.

Code of Conduct Violations

The University through the Student Code has set forth the specific authority and responsibility of the University in maintaining discipline and to specify the educational and disciplinary process for determining individual student responsibility for alleged violations of the Student Code. The Office of Student Conduct has delegated limited authority to Residential Life to handle certain violations of the Student Code, while retaining authority to handle more serious or egregious violations. However, the Office of Student Conduct retains all jurisdiction over violations of the Student Code.

For more information, visit the Office of Student Conduct's website.

Title IX

Complaints of unlawful discrimination and sexual harassment shall be referred to the University’s Equal Opportunity and Title IX Office, which has its own separate complaint and investigation procedures. For further information please view the Office of Equal Opportunity and Title IX website.

• *Canada Hall Residents: Allowances made for Cooking Appliances due to kitchen access. Talk with RA and/or Res Life staff for more information.
• Community Rules are reviewed and updated on an annual basis 

Residential Life Conduct Process

The University has established regulations and policies for student conduct that support the core educational mission of the University students through the Student Code of Conduct (“Student Code”). Residential Life, Housing and Food Services (RLHFS) from here on referred to as “Residential Life” has established additional rules that apply to residents and guests in the residence halls (“Community Rules”) and as stated in the Residential Life Student Housing and Meal Plan License Agreement (“License Agreement”). All students who reside in University Residence Halls shall comply with the NSHE and University policies, University Student Code of Conduct (“Student Code”) and all federal, state, and local laws. All students who reside in University Residence Halls shall comply with the Residential Life Student Housing and Meal Plan License Agreement (“License Agreement”) and the Residential Life Community Rules (“Community Rules”).   

The University expects all students to maintain behavior consistent with its educational goals. Being a member of the residential life community means understanding and adhering to the Student Code, License Agreement and Community Rules. As a community member, the resident is responsible for their (and their guest’s) behavior and the choices the resident makes. 

This Residential Life conduct process has been established to respond to incidents involving inappropriate behavior within our Residential Life community.  This Residential Life conduct process provides educational opportunities that encourage residents to evaluate their own actions, consider their own decision making, and acquire new skills to improve their choices in the future. 

When it has been reported that there has been an alleged violation of the Community Rules, a resident may be subject to the Residential Life conduct process through Residential Life.  In addition, a resident may also be subject to University action, including through the Office of Student Conduct.  The Office of Student Conduct has delegated limited authority to Residential Life to handle certain alleged violations of the Student Code; however, the Office of Student Conduct or the Equal Opportunity and Title IX office may intercede and process students through the Student Code process or Title IX investigation process, respectively, for more applicable, serious or egregious violations. Note: Office of Student Conduct or Equal Opportunity and Title IX Office accountability processes and procedures occur concurrently with a Residential Life conduct process. 

The Residential Life conduct process includes: 

• Receipt of Complaint or Incident Report 
• Progressive Discipline Review 
• Advisors 
• Notification and Initial Conference 
• Residential Life Student Conduct Hearing  
• Sanctions  
• Appeal Process 

Administrative Action 

The Assistant Director - Student Conduct and Safety or designee (“Assistant Director”) may also impose Administrative Action, in order to address the immediate needs of a situation. These Administrative Actions are imposed at the discretion of the Residential Life administration and may be imposed at any time. Administrative Actions may include, but are not limited to: 

• Room change 
• Fees for lost keys 
• Removal for non-payment 

All communications regarding the conduct process will be sent to the resident’s email address listed in MyNevada. It is the responsibility of each resident to check and respond in a timely manner to emails sent to that address. 

Receipt of Complaint or Incident Report

Complaints or Incident Reports regarding alleged violations of the Community Rules or the Student Code are submitted by Residential Life staff members. Any community member may report an incident by submitting a written account of the incident to a Residential Life staff member.  Complaints or Incident Reports should include a descriptive, detailed, and objective account of the incident and must be submitted within thirty (30) days following discovery of the incident. Delays in reporting alleged violations may impede the University’s ability to conduct a timely and thorough investigation. 

Progressive Discipline Review  

Under the Residential Life’s system of progressive discipline, progressive discipline is a process that generally includes a series of increasingly severe actions to address Community Rules violations with the ultimate goal of teaching concurrent accountability and behavior change.  The goal of progressive discipline is prevention of a recurrence of negative behavior by helping the resident learn from their mistakes.   Further, whenever reasonably feasible, an effort will be made to make certain the resident understands the rule that is involved, why the behavior is inappropriate or unacceptable, and specific changes which must be made in order to bring the student’s conduct in compliance with the Community Rules.  When it has been determined after an investigation that one or more Community Rules has been violated, one or more sanctions may be imposed.  Progressive discipline is not limited to violations of the same Community Rules but can be used for a violation of the same or different rules.  The sanction(s) will vary based upon the facts and circumstances of the specific violation(s).   

After the Complaint or Incident Report has been received, the Assistant Director shall make a determination whether the alleged incident requires an educational conversation, informal response (rule reminder) or warning under the progressive discipline standard or if the facts and circumstances dictate that a disciplinary sanction is more appropriate.  The Assistant Director shall also review the Complaint or Incident Report to determine if the matter should be referred to another University office such as the Title IX Office or the Office of Student Conduct.  

Generally, Progressive Discipline will begin with an Educational Conversation. However, the type of Progressive Discipline will depend on the facts and circumstances of each case as determined by Residential Life staff. Progressive Discipline Standards are defined below: 

1. An Educational Conversation serves as an opportunity for Residential Life staff to have an intentional, developmental conversation about the potential impact a resident's decisions and behavior have on themselves and/or the community. 
2. A Rule Reminder serves as a notice from Residential Life regarding a potential violation of the Community Rules that may have taken place. This notice is sent to inform the resident more directly of the Community Rules and to encourage them to avoid participating in the documented behavior in the future.  Further violations of the Community Rules may initiate the Residential Life conduct hearing process.  
3. A Warning serves as a formal warning from Residential Life against violating the policies and procedures.  If the resident is found responsible for future rule violation(s), the details of this incident will be considered in any future sanctioning for the duration of the resident’s time living on campus.  

Advisors 

During the Residential Life conduct hearing process, including the complaint, conference, resolution and hearing processes, the resident may be assisted by one (1) advisor of their choosing, if desired.  

Advisors may:  

• Serve as a supporter. 
• Advise during the conference(s) or hearing. 
• Be an attorney. 

Advisors shall not: 

• Be a witness or have a conflict of interest in the matter, as determined by the Assistant Director.  
• Present evidence or information, introduce witnesses, or answer questions throughout the conference(s) or hearing.  
• Participate or speak during the conference(s) or hearing, except to the resident. 

The resident must notify the Assistant Director of the identity of the advisor at least five (5) Working Days before the conference(s) or hearing.  If the resident chooses to have an advisor, the Assistant Director may be accompanied by an advisor or by an attorney if the resident chooses an attorney as the resident’s advisor. 

Failure to notify the Assistant Director of an advisor’s attendance may result in a rescheduling of the Initial Conference. 

Notification and Initial Conference 

A. In proceeding with the Residential Life Conduct hearing process, the Assistant Director shall email a Notice of Conference to the resident. The Notice of Conference shall include the following information: 

1. The provide the date and time the Conference is to be held; 
2. The nature of the alleged incident and the alleged violations;   
3. The potential disciplinary sanctions;  
4. The Residential Life Conduct Hearing process shall be followed, and that the resident should refer to these procedures; 
5. The Assistant Director shall conduct an investigation, including interviewing people and gathering evidence; 
6. The resident may have an advisor present at the Conference;   
7. The resident may obtain a copy of the Complaint or Incident Report and any other relevant documents by submitting a written request. Copies of the requested records will be provided within three (3) Working Days of receipt of the request; and 
8. Should a resident choose not to respond to the allegations, a review of the incident may be conducted including a referral to a Residential Life conduct hearing, EO and Title IX Office or the Office of Student Conduct. 

B. During the Initial Conference, the resident is informed of the nature of the alleged incident including the date, location and the incident description, the Community Rules allegedly violated, the potential disciplinary sanctions, and any additional information related to the incident. During this Initial Conference, the resident shall have the opportunity to respond to the allegations. If the resident chooses to respond to the allegations, the resident shall be allowed to provide a verbal or written response, the names of witnesses, documents, or evidence in support of the resident’s position.  

1. If the resident acknowledges responsibility for violating the Community Rules and accepts the proposed sanctions, the resident shall be emailed written notification of this decision. 
2. If the resident does not acknowledge responsibility or does not accept the proposed sanctions, the Assistant Director shall complete their investigation.  Upon conclusion of the investigation, if the Assistant Director concludes that there is sufficient evidence to sustain a finding of responsibility, the case will be referred to a Residential Life Student Conduct hearing and the resident shall be emailed written notification of this decision (“Charging Letter”). 
3. If the Assistant Director concludes that there is insufficient information to find the resident responsible for violating the Community Rules, the resident shall be emailed written notification of this decision (“Finding of Non-Responsibility”). 

C. Should a resident choose not to participate in this process, a review of the incident may be conducted without the benefit of the resident’s input including a referral to a Residential Life Conduct hearing, the Title IX Office, or the Office of Student Conduct. 

Charging Letter

A. The Charging Letter shall inform the resident of the following: 

1. The Community Rules violation charged; 
2. The proposed sanction(s); 
3. The evidence in support of the investigation; 
4. The resident may have an advisor present at the hearing; 
5. The resident’s right to a hearing and the hearing can be on the Community Rules violation(s) and the proposed sanction(s) or just the proposed sanction(s); 
6.  The Charging Letter also shall inform the resident that the resident has five (5) Working Days to consider the resident’s options for resolution, including accepting the charge and sanction, accepting the charge and having a hearing on the sanction, or having a hearing on the charge and sanction.   

B. The resident may acknowledge engaging in behavior which is in violation of the alleged Community Rules to the Assistant Director or prior to the hearing. The hearing will be cancelled, and the case will continue to be processed by the Assistant Director or an admonition against retaliation by the resident against the party who reported the complaint or the incident or anyone who participates in any manner in an investigation or resolution of a complaint. 

If the resident fails to notify the Assistant Director within five (5) Working Days of the resident’s decision, the proposed sanction shall be implemented, the Community Rules violation charged, and the sanction shall become part of the resident’s Residential Life record 

Resident can do one of the following: 

• Accept violation and sanction 
• Not accept violation and sanction 
• Accept violation and not accept sanction 

Should the resident not accept violation and sanction, or accept violation and not accept sanction, the resident may request a hearing. 

Residential Life Conduct Hearing 

A. A case may be referred to a Residential Life Conduct hearing when: 

1. A resident does not accept responsibility for the alleged Community Standards violation or the assigned sanction, and if the Assistant Director concludes that there is sufficient information to sustain a finding of responsibility; or 
2. A resident requests and chooses to have their case heard via hearing during the Initial Conference; or 
3. When continued review of the matter is required and resident does not respond or otherwise participate in the process. 

B. A Residential Life Conduct hearing is conducted by a Residential Life Hearing Officer who shall hold the position of Assistant/Associate/Director in Residential Life, Housing and Food Services other than the Assistant Director for Student Conduct and Safety.

Additionally, the Hearing Officer shall be a person other than the appellate officer or the investigator.  All Hearing Officers shall be trained to review presented information and make decisions, based on the evidence and the appropriate standard of review, regarding alleged violations of the Community Rules.    

C. Hearing Procedures

1. The hearing shall be closed unless the resident requests an open hearing in writing. Requests for an open hearing shall be made at least five (5) Working Days before the hearing. Requests for an open hearing shall be reviewed by the Hearing Officer and may be granted if the request is consistent with the Family Educational Rights and Privacy Act (“FERPA”) and if the overriding individual privacy needs of other students involved in the hearing are not violated. 
2. Residential Life conduct records, including hearing proceedings, are part of the resident’s education record. As such, the privacy protections afforded to a student under FERPA dictate the standards for a closed hearing. 
3. If the hearing is closed, the Hearing Officer, resident, the Assistant Director, witnesses, and advisors shall not discuss the matter with anyone outside of the hearing room. Any employee or student found in violation of this may be subject to disciplinary action. 
4. A resident may have one (1) advisor present during the hearing. The role of the advisor is defined above. 
5. The Hearing Officer may have an advisor or attorney at all hearings, regardless of whether the resident brings an advisor. The advisor for the Hearing Officer has the right to speak to or consult with the Hearing Officer during the hearing.   
6. The resident, the Assistant Director and their advisors shall be allowed to attend all portions of the hearing at which information is received but may not be present during the Hearing Officer closed session to deliberate and render a decision on the charges and sanctions. The Hearing Officer’s advisor shall be allowed to be present during the closed session. Admission of any other person to the hearing shall be at the discretion of the Hearing Officer. 
7. In Residential Life conduct hearings involving more than one resident, the Hearing Officer has discretion to permit the conduct hearings to be conducted either separately or jointly. 
8. The resident and the Assistant Director shall provide written notification to the member of Residential Life who shall be designated by the Hearing Officer to be the facilitator for the hearing ("Hearing Administrator") of witnesses they intend to use at the hearing no later than five (5) Working Days before the hearing. Failure to timely identify witnesses may result in the exclusion of the witnesses’ testimony at the hearing. 
9. Potential witnesses who are identified by the resident and the Assistant Director shall be notified and invited to the hearing by the Hearing Administrator no later than two (2) Working Days prior to the hearing. Procuring attendance of witnesses shall be the responsibility of the resident or the Assistant Director who identified the witness. 
10. The resident and the Assistant Director shall provide to the Hearing Administrator, relevant written documents, records, or other information (hereafter referred to as "documents") that they intend to rely upon at the hearing no later than five (5) Working Days before the hearing. It is the responsibility of the resident to submit any documents to use at the hearing. The Assistant Director is not responsible for submitting documents on behalf of the resident. The resident shall be allowed to submit a written response to the Charging Letter if the resident chooses. Failure to timely submit documents or a written response to the Charging Letter may result in the exclusion of these documents at the hearing. 
11. The resident and the Assistant Director have the right to review the witness names identified by each party and the documents provided by each party two (2) Working Days prior to the hearing. This review shall take place within the Office of Residential Life, Housing and Food Services.  The review shall occur during normal working hours under the supervision of the Hearing Administrator. These documents are confidential and shall not be reproduced or released for review outside of the Office of Residential Life, Housing and Food Services. 
12. The Hearing Officer is responsible for the secure and orderly operation and administration of the hearing and has the right to exclude persons from the hearing if deemed necessary. All procedural questions are subject to the final decision of the Hearing Officer. 
13. If a resident does not attend the hearing, the matter may proceed to decision without their participation. 
14. If the resident is concerned about, suspected of, or being investigated for violations of criminal law, the resident does not have to answer questions to preserve the resident's Fifth Amendment right against self-incrimination. The resident's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the resident in determining whether the resident is responsible for a violation of the Community Rules. 
15. All documents and evidence upon which a decision will be based shall be made available to the resident. The resident will have the opportunity to address all information being presented in the hearing, to present additional information, and to propose questions to be asked of witnesses who appear at the hearing or about information presented in the hearing. 
16. The formal rules of evidence shall not apply in Residential Life Conduct proceedings. 
17. The decision of the Hearing Officer shall be made based on a preponderance of the evidence: whether it is more likely than not that the resident committed the alleged Community Rules violation. 
18. The hearing, except for deliberations, shall be taped or digitally recorded by the Hearing Administrator. No other taping or digital recording shall be allowed by any person in attendance at the hearing. Surreptitious recording, the use of covert electronic surveillance cameras without the knowledge of the person being observed, is prohibited by NRS 396.970 and UAM 7,004. The Hearing Administrator also has the right, at their sole discretion, to hire a court reporter, as appropriate. The record shall be the property of the University and shall be maintained with the resident’s confidential conduct records within the Office of Residential Life, Housing and Food Services.  
19. Within five (5) Working Days after the conclusion of the hearing, the resident will be emailed notification of the decision (“Notice of Decision”) reached by the Hearing Officer which may include assigned sanctions. 

Prior to the scheduled hearing, residents are encouraged to meet with their Resident Director to present any questions or concerns they may have about the process. 

C. Sanctions 

Sanctions may be assigned when it is determined that a resident is responsible for violating the Community Rules. Assigned sanctions will be outlined in the written decision reached by the Assistant Director or the Hearing Officer. The context and seriousness of the violation will be considered when determining the appropriate sanction(s). 

Sanctions are assigned to provide educational opportunities and interactions to encourage residents to evaluate their own actions, provide education about decision making and give residents the tools and skills to improve their choices in the future. Sanctions which may be assigned include but are not limited to:  

• Educational programs, modules or projects: Participation in specific educational programs, such as: alcohol and/or other drug educational intervention conferences; assessments; educational activities, such as on-line instructional workshops; and work assignments or service to the University or the surrounding community; and other related discretionary assignments. Failure to complete the discretionary and education sanctions may result in other sanctions. 
• Restitution: Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of a violation of the Community Rules. This may take the form of appropriate service and/or monetary or material replacement. 
• Loss of Privileges – Guest: Resident will lose the privilege to have a guest in their residence hall for a designated amount of time. This sanction may be used for violations involving guests. 
• Loss of Privileges – Access to Facilities: Based on the violation, the resident may lose the right to access certain residential buildings for a certain period of time. 
• Loss of Privileges – Equipment Use: Based on the violation, the resident may lose the right to check out equipment from the front desk. 
• Loss of Privilege – Computer Network Access: Based on the violation, the resident may lose the right to access the residential computing network for a certain amount of time. 
• Room Change: Based on the rule 
• violation, the resident will be assigned to a new room or new residential hall. Depending on the location of the room, the resident is responsible for any increased financial obligation. 
• Residential Probation: Probation is for a designated period and includes the probability of more severe sanctions, including cancellation of the License Agreement, if the resident is found to violate any institutional policies and rules and regulations during the probationary period. Failure to complete the conditions of probationary term may result in other sanctions.    
• Deferred License Cancellation: Termination of the License Agreement and separation of the resident from the residential halls, deferred until the close of the current semester or some other period necessary for review of resident progress in addressing the conduct concern. This sanction is most often utilized for cases in which the resident does not pose a safety concern and is participating in a university-designated intervention.  
• License Cancellation: The resident’s License Agreement is canceled, and the resident is financially responsible for any fees associated with the housing and meal plan.  Depending on the type of Community Rule violation, the student may be eligible to purchase a meal plan for the remainder of the academic year.
• Failure to complete a Residential Life Sanction: Failure to complete Residential Life sanctions shall result in additional disciplinary sanctions including a possible referral to the Office of Student Conduct. 

D. Appeal Process 

Following receipt of the Notice of Decision, the resident may submit a written appeal on responsibility for the Community Rules violation and/or associated sanction for the violation. The appeal shall be made within five (5) Working Days of the date of the written decision. Such appeals shall be in writing (Statement of Appeal) and hand-delivered or emailed to the Executive Director of Residential Life, Housing and Food Services or designee (“Executive Director”).   

In most cases, the assigned sanctions will not be initiated until completion of the Appeal Process.

Appeals should include the following information: 

• First and Last Name 
• Phone Number and/or Email Address  
• NSHE ID Number (Student ID)  
• Residential Life Conduct Case Number 
• Grounds for Appeal 

Grounds for an appeal are: 

1. Deviations from procedures set forth result in significant prejudice. 
2. The decision reached regarding the resident was not based on a preponderance of the evidence: whether it is more likely than not that the resident committed the alleged misconduct. 
3. The sanction imposed was not appropriate for the violation of the Code for which the resident was found responsible. 
4. New information or other relevant facts not available at the time of the hearing are identified. 

The Executive Director shall review the appeal to determine if one or more of the stated grounds for an appeal have been met.  Following a review, the Executive Director may uphold the initial decision, modify or dismiss the charge(s) and/or sanction(s), remand^] for a full or partial review, or dismiss the case. 

The Executive Director shall email notice of the decision on appeal to the resident within ten (10) Working Days after receipt of the written appeal. The decision of the Executive Director is final. 

Progressive Discipline Review

Under the Residential Life’s system of progressive discipline, progressive discipline is a process that generally includes a series of increasingly severe actions to address Community Rules violations with the ultimate goal of teaching concurrent accountability and behavior change. The goal of progressive discipline is prevention of a recurrence of negative behavior by helping the resident learn from their mistakes. Further, whenever reasonably feasible, an effort will be made to make certain the resident understands the rule that is involved, why the behavior is inappropriate or unacceptable, and specific changes which must be made in order to bring the student’s conduct in compliance with the Community Rules. When it has been determined after an investigation that one or more Community Rules has been violated, one or more sanctions may be imposed. Progressive discipline is not limited to violations of the same Community Rules, but can be used for a violation of the same or different rules. Sanction will vary based upon the facts and circumstances of the specific violation(s).

After the Complaint or Incident Report has been received, the Assistant Director Student Conduct and Safety or designee (referred to as “Assistant Director”) shall make a determination whether the alleged incident requires an educational conversation, informal response (policy reminder) or warning under the progressive discipline standard or if the facts and circumstances dictate that a disciplinary sanction is more appropriate. The Assistant Director, also shall review the Complaint or Incident Report to determine if the matter should be referred to another University office such as the Title IX Office or the Office of Student Conduct.

An Educational Conversation serves as an opportunity for Residential Life staff to have an intentional, developmental conversation about the potential impact a resident's decisions and behavior have on themselves and/or the community.

A Policy Reminder serves as a notice from Residential Life regarding a potential violation of the Community Rules that may have taken place. This notice is sent to inform the resident more directly of the Community Rules and to encourage them to avoid participating in the documented behavior in the future. Further violations of the Community Rules may initiate the Residential Life conduct hearing process.

A Warning serves as a formal warning from Residential Life against violating the policies and procedures. If the resident is found responsible for future policy violation(s), the details of this incident will be considered in any future sanctioning for the duration of the resident’s time living on campus.

Advisors

During the Residential Life conduct hearing process, including the complaint, conference, resolution and hearing processes, the resident may be assisted by one (1) advisor of their choosing, if desired. The resident’s advisor cannot be a witness or have a conflict of interest in the matter, as determined by the “Assistant Director”. The advisor may be an attorney.

The advisor serves as a supporter and advisor during the conference(s) or hearing. The resident, and not the advisor, is responsible for presenting the resident’s own information, introducing witnesses, and answering questions throughout the conference(s) or hearing. The advisor has no right to participate or speak during the conference(s) or hearing, except to the resident.

The resident must notify the Assistant Director of the identity of the advisor, at least five (5) Working Days before the conference(s) or hearing. If the resident chooses to have an advisor, the Assistant Director may be accompanied by an advisor or by an attorney if the resident chooses an attorney as the resident’s advisor.

The Hearing Officer may have an advisor or attorney at all hearings, regardless of whether the resident brings an advisor. The advisor for the Hearing Officer has the right to speak to or consult with the Hearing Officer during the hearing.

Failure to notify the Assistant Director of an advisor’s attendance may result in a rescheduling of the Initial Conference.

Notifications and Initial Conference

1. In proceeding with the Residential Life Conduct hearing process, the Assistant Director shall email a Notice of Conference to the resident. The Notice of Conference shall include the following information:
   1. The provide the date and time the Conference is to be held;
   2. The nature of the alleged incident and the alleged violations;
   3. The potential disciplinary sanctions;
   4. The Residential Life Conduct Hearing process shall be followed and that the resident should refer to these procedures;
   5. The Assistant Director shall conduct an investigation, including interviewing people and gathering evidence;
   6. The resident may have an advisor present at the Conference;
   7. An administrative hold may be placed on the resident’s transcript and/or ability to register until such time that the resident participates in the Conference;
   8. The resident may obtain a copy of the Complaint or Incident Report and any other relevant documents by submitting a written request. Copies of the requested records will be provided within three (3) Working Days of receipt of the request; and
   9. Should a resident choose not to respond to the allegations, a review of the incident may be conducted including a referral to a Residential Life conduct hearing, EO and Title IX Office or the Office of Student Conduct.
2. During the Initial Conference, the resident is informed of the nature of the alleged incident including the date, location and the incident description, the Community Rules allegedly violated, the potential disciplinary sanctions, and any additional information related to the incident. During this Initial Conference, the resident shall have the opportunity to respond to the allegations. If the resident chooses to respond to the allegations, the resident shall be allowed to provide a verbal or written response, the names of witnesses, documents, or evidence in support of the resident’s position.
   1. If the resident acknowledges responsibility for violating the Community Rules and accepts the proposed sanctions, the resident shall be emailed written notification of this decision.
   2. If the resident does not acknowledge responsibility or does not accept the proposed sanctions, the Assistant Director shall complete their investigation. Upon conclusion of the investigation, if the Assistant Director concludes that there is sufficient evidence to sustain a finding of responsibility, the case will be referred to a Residential Life Student Conduct hearing and the resident shall be emailed written notification of this decision (“Charging Letter”).
   3. If the Assistant Director concludes that there is insufficient information to find the resident responsible for violating the Community Rules, the resident shall be emailed written notification of this decision (“Finding of Non Responsibility”).
   4. If the resident fails to schedule a meeting by the specified date and/or attend the Initial Conference, a hold will be placed on the resident’s transcript and/or ability to register. The hold shall be removed when the resident attends the scheduled meeting.
   C. Should a resident choose not to participate in this process, a review of the incident may be conducted without the benefit of the resident’s input including a referral to a Residential Life Conduct hearing, the Title IX Office, or the Office of Student Conduct.

Residential Life Conduct Hearing

1. 1. The Charging Letter shall inform the resident of the following:
      1. 1. The Community Rules violation charged;
         2. The proposed sanction(s);
         3. The evidence in support of the investigation;
         4. The resident’s right to a hearing and the hearing can be on the Community Rules violation(s) and the proposed sanction(s) or just the proposed sanction(s);
         5. The resident may have an advisor present at the hearing;
         6. The resident may acknowledge engaging in behavior which is in violation of the alleged Community Rules to the Assistant Director prior to the hearing. The hearing will be cancelled and the case will continue to be processed by the Assistant Director.
         7. An admonition against retaliation by the resident against the party who reported the complaint or the incident or anyone who participates in any manner in an investigation or resolution of a complaint.

      The Charging Letter also shall inform the resident that the resident has ten (10) Working Days to consider the resident’s options for resolution, including accepting the charge and sanction, accepting the charge and having a hearing on the sanction, or having a hearing on the charge and sanction.

   2. If the resident fails to notify the Assistant Director within ten (10) Working Days of the resident’s decision, the proposed sanction shall be implemented, and the Community Rules violation charged and the sanction shall become part of the resident’s Residential Life record.

Note: Working Days are defined as calendar days, excluding University holidays and weekends.

Residential Life Conduct Hearing

A. Hearing Referral

A case may be referred to a Residential Life Conduct hearing when:

1. A resident does not accept responsibility for the alleged Community Standards violation or the assigned sanction, and if the Assistant Director concludes that there is sufficient information to sustain a finding of responsibility; or
2. A resident requests and chooses to have their case heard via hearing during the Initial Conference; or
3. When continued review of the matter is required and resident does not respond or otherwise participate in the process.

B. Hearing Officer

A Residential Life Conduct hearing is conducted by a Residential Life Hearing Officer who shall hold the position of Assistant/Associate Director in Residential Life other than the Assistant Director for Student Conduct and Safety. Additionally, the Hearing Officer shall be a person other than the appellate officer or the investigator. All Hearing Officers shall be trained to review presented information and make decisions, based on the evidence and the appropriate standard of review, regarding alleged violations of the Community Rules.

C. Hearing Procedures

1. The hearing shall be closed unless the resident requests in writing an open hearing. Requests for an open hearing shall be made at least five (5) Working Days before the hearing. Requests for an open hearing shall be reviewed by the Hearing Officer and may be granted if the request is consistent with the Family Educational Rights and Privacy Act (“FERPA”) and if the overriding individual privacy needs of other students involved in the hearing are not violated.
2. Residential Life conduct records, including hearing proceedings, are part of the resident’s education record. As such, the privacy protections afforded to a student under FERPA dictate the standards for a closed hearing.
3. If the hearing is closed, the Hearing Officer, resident, the Assistant Director, witnesses, and advisors shall not discuss the matter with anyone outside of the hearing room. Any employee or student found in violation of this may be subject to disciplinary action.
4. A resident may have one (1) advisor present during the hearing. The role of the advisor is defined above.
5. The resident, the Assistant Director and their advisors shall be allowed to attend all portions of the hearing at which information is received but may not be present during the Hearing Officer closed session to deliberate and render a decision on the charges and sanctions. The Hearing Officer’s advisor shall be allowed to be present during the closed session. Admission of any other person to the hearing shall be at the discretion of the Hearing Officer.
6. In Residential Life conduct hearings involving more than one resident, the Residential Life Associate Director has discretion to permit the conduct hearings to be conducted either separately or jointly.
7. The resident and the Assistant Director shall provide written notification to a member of the Residential Life who shall be designated as the facilitator for the hearing ("Hearing Administrator") of witnesses they intend to use at the hearing no later than five (5) Working Days before the hearing. Failure to timely identify witnesses may result in the exclusion of the witnesses’ testimony at the hearing.
8. Potential witnesses who are identified by the resident and the Assistant Director shall be notified and invited to the hearing by the Hearing Administrator no later than two (2) Working Days prior to the hearing. Procuring attendance of witnesses shall be the responsibility of the resident or the Assistant Director who identified the witness.
9. The resident and the Assistant Director shall provide to the Hearing Administrator, relevant written documents, records, or other information (hereafter referred to as "documents") that they intend to rely upon at the hearing no later than five (5) Working Days before the hearing. It is the responsibility of the resident to submit any documents to use at the hearing. The Assistant Director is not responsible for submitting documents on behalf of the resident. The resident shall be allowed to submit a written response to the Charging Letter if the resident chooses. Failure to timely submit documents or a written response to the Charging Letter may result in the exclusion of these documents at the hearing.
10. The resident and the Assistant Director have the right to review the witness names identified by each party and the documents provided by each party two (2) Working Days prior to the hearing. This review shall take place within the Office of Residential Life. The review shall occur during normal working hours under the supervision of the Hearing Administrator. These documents are confidential and shall not be reproduced or released for review outside of the Office of Residential Life.
11. The Hearing Officer is responsible for the secure and orderly operation and administration of the hearing and has the right to exclude persons from the hearing if deemed necessary. All procedural questions are subject to the final decision of the Residential Life Hearing Officer.
12. If a resident does not attend the hearing, the matter may proceed to decision without their participation.
13. If the resident is concerned about, suspected of, or being investigated for violations of criminal law, the resident does not have to answer questions to preserve the resident's Fifth Amendment right against self-incrimination. The resident's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the resident in determining whether the resident is responsible for a violation of the Community Rules.
14. All documents and evidence upon which a decision will be based shall be made available to the resident. The resident will have the opportunity to address all information being presented in the hearing, to present additional information, and to propose questions to be asked of witnesses who appear at the hearing or about information presented in the hearing.
15. The formal rules of evidence shall not apply in Residential Life Conduct proceedings.
16. The decision of the Hearing Officer shall be made based on a preponderance of the evidence: whether it is more likely than not that the resident committed the alleged Community Rules violation.
17. The hearing, except for deliberations, shall be taped or digitally recorded by the Hearing Administrator. No other taping or digital recording shall be allowed by any person in attendance at the hearing. Surreptitious recording, the use of covert electronic surveillance cameras without the knowledge of the person being observed, is prohibited by NRS 396.970 and UAM 7,004. The Hearing Administrator also has the right, at his or her discretion, to hire a court reporter, as appropriate. The record shall be the property of the University and shall be maintained with the resident’s confidential conduct records within the Office of Residential Life.
18. Within five (5) Working Days after the conclusion of the hearing, the resident will be emailed notification of the decision (“Notice of Decision”) reached by the Residential Life Hearing Officer which may include assigned sanctions.

Prior to the scheduled hearing, residents are encouraged to meet with their Resident Director to present any questions or concerns they may have about the process.

D. Sanctions

Sanctions may be assigned when it is determined that a resident is responsible for violating the Community Rules. Assigned sanctions will be outlined in the written decision reached by the Assistant Director or the Hearing Officer. The context and seriousness of the violation will be considered when determining the appropriate sanction(s).

Sanctions are assigned to provide educational opportunities and interactions to encourage residents to evaluate their own actions, provide education about decision making and give residents the tools and skills to improve their choices in the future. Sanctions which may be assigned include but are not limited to:

• Educational programs, modules or projects: Participation in specific educational programs, such as: alcohol and/or other drug educational intervention conferences; assessments; educational activities, such as on-line instructional workshops; and work assignments or service to the University or the surrounding community; and other related discretionary assignments. Failure to complete the discretionary and education sanctions may result in other sanctions.
• Restitution: Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of a violation of the Community Rules. This may take the form of appropriate service and/or monetary or material replacement.
• Loss of Privileges – Guest: Resident will lose the privilege to have a guest in their residence hall for a designated amount of time. This sanction may be used for violations involving guests.
• Loss of Privileges – Access to Facilities: Based on the violation, the resident may lose the right to access certain residential buildings for a certain period of time.
• Loss of Privileges – Equipment Use: Based on the violation, the resident may lose the right to check out equipment from the front desk.
• Loss of Privilege – Computer Network Access: Based on the violation, the resident may lose the right to access the residential computing network for a certain amount of time.
• Room Change: Based on the policy violation, the resident will be assigned to a new room or new residential hall. Depending on the location of the room, the resident is responsible for any increased financial obligation.
• Residential Probation: Probation is for a designated period and includes the probability of more severe sanctions, including cancellation of the License Agreement, if the resident is found to violate any institutional policies and rules and regulations during the probationary period. Failure to complete the conditions of probationary term may result in other sanctions.
• Deferred License Cancellation: Termination of the License Agreement and separation of the resident from the residential halls, deferred until the close of the current semester or some other period necessary for review of resident progress in addressing the conduct concern. This sanction is most often utilized for cases in which the resident does not pose a safety concern and is participating in a University-designated intervention.
• License Cancellation: The resident’s License Agreement is canceled and the resident is financially responsible for any fees associated with the housing and meal plan. Depending on the type of Community Rule violation, the student may be eligible to purchase a meal plan for the remainder of the academic year. In the event that the resident fails to successfully complete the conditions outlined in any sanction, a hold will be placed on the resident’s records and registration. The resident will be notified that this hold has been requested. The hold will be removed when the resident successfully completes the conditions of the assigned sanctions. This hold will prevent registering for classes and obtaining transcripts.

E. Appeal Process

Following receipt of the Notice of Decision, the resident may submit a written appeal on responsibility for the Community Rules violation and/or associated sanction for the violation. The appeal shall be made within five (5) Working Days of the date of the written decision. Such appeals shall be in writing (Statement of Appeal) and hand-delivered or emailed to the Director of Residential Life or designee. In most cases, the assigned sanctions will not be initiated until completion of the Appeal Process.

Appeals should include the following information:

• First and Last Name
• Phone Number and/or Email Address
• NSHE ID Number (Student ID)
• Residential Life Conduct Case Number

Grounds for Appeal Grounds for an appeal are:

1. Deviations from procedures set forth result in significant prejudice.
2. The decision reached regarding the resident was not based on a preponderance of the evidence: whether it is more likely than not that the resident committed the alleged misconduct.
3. The sanction imposed was not appropriate for the violation of the Code for which the resident was found responsible.
4. New information or other relevant facts not available at the time of the hearing are identified.

The Director of Residential Life or designee shall review the appeal to determine if one or more of the stated grounds for an appeal have been met. Following a review, the Director of Residential Life or designee may uphold the initial decision, modify the sanction(s), remand for a full or partial review, or dismiss the case. The Director of Residential Life or designee shall email notice of the decision on appeal within ten (10) Working Days after receipt of the written appeal. The decision of the Director of Residential Life or designee is final.

Remand: Return the case

Interim Actions by Residential Life

In appropriate circumstances, the Executive Director may re-assign any resident to alternate housing and/or relocate any resident.  The Executive Director or designee may reassign or relocate a resident when the Executive Director or designee determines that there may be an ongoing risk to the health and safety of the University Community, to protect University property, to restore operations, or to meet the needs of the University community or any of its individual members.

Emergency Removal Actions

In certain circumstances, the Vice President of Student Services (“Vice President”) may impose an immediate emergency removal from the residential halls prior to the resolution of a charge of a violation of the Student Code or the Community Rules against the resident. This emergency action includes the immediate removal from all residential halls and dining commons for an interim period whenever the Vice President determines that this is required to: 

1. Ensure the safety and well-being of members of the Residential Life and/or University Community.
2. Protect University property.
3. Prevent the resident from posing an ongoing threat or disruption of, or interference with, the normal operations of the residential halls and dining commons; or
4. Protect any resident from discrimination, including sexual harassment, or retaliation for the report of discrimination, including sexual harassment. 

When the emergency removal is imposed, the resident shall be denied access to the residential halls and dining commons for which the resident might otherwise have access, as the Vice President may determine to be appropriate. During the time of the removal from the residential halls and dining commons, the resident may not come into University leased or owned housing and dining commons for any reason other than meeting with the appropriate University official(s) regarding resolution of the emergency removal and the Student Code or Community Rules violation. 

Regarding the emergency removal: 

1. Any resident so removed shall be afforded an opportunity to a hearing on the emergency removal no later than ten (10) Working Days following the removal unless the resident agrees to delay the hearing to a later time.  The Assistant/Associate Director shall hold the hearing under the hearing procedures described above.  The Assistant/Associate Director shall make a recommendation to the Vice President. The Vice President’s decision upon the Hearing Officer's recommendation shall be final. 
2. The emergency removal does not replace the regular disciplinary process, which shall proceed on the normal schedule, up to and through a hearing, if required.
3. In circumstances where the resident is removed from leased or owned housing for the resident's own emotional and personal safety, an informal meeting shall occur with the Assistant/Associate Director and the resident. The meeting will focus on developing a plan to assist the resident with identifying personal and academic needs in order to return.

Residence Hall removal

Residential Life reserves the right to summarily remove any resident from the residence halls in serious cases due to safety considerations, license cancellation, or situations where current medical knowledge and/or the best available objective information demonstrates that the resident poses an actual risk to the health or safety of themselves or others.

Before summarily removing any resident with a disability from the residence halls, the University will complete individualized assessment to determine if there are reasonable accommodations that would permit the resident to continue in their housing status. Any decision to remove a resident will be based upon actual risk, and not mere speculation, stereotypes, or generalizations about individuals with disabilities.

Any decision to summarily remove a resident from the residence halls may be appealed to the Assistant Director of Student Conduct and Safety for Residential Life pursuant to the Appeals Process described below.

The University and Residential Life are not responsible for making alternative housing arrangements or for payment or reimbursement of any costs any resident may incur as a result of being summarily removed from the residence halls. If you have your licenses agreement canceled, you are still financially responsible for all housing and meal plan charges.

Sanctions specific to alcohol and substance violations

Sanctions for alcohol and drug-related violations will focus on education and services when appropriate. The University has several educational, assessment and counseling programs to individually address substance use and abuse issues. The type of program to which a resident may be assigned will depend on the nature and seriousness of the violation. These include, but are not limited to:

• Individual substance abuse assessment by a trained counseling professional
• Socializing 101
• BASICS (Brief Alcohol Screening & Intervention for College Students)
• CASICS (Cannabis Screening & Intervention for College Students)
• SHIFT (Student High-risk Intervention for First Time alcohol violations)
• STEPSS (Substance Treatment & Education for Personal Student Success)
• OnTRAC (Treatment, Responsibility & Accountability on Campus)

The severity of the violation will be used in conjunction with recommendations from health care professionals and program specialists to determine which program is most appropriate for the resident. These sanctions are administered through the Office of Student Conduct.

Appendix A 

Common definitions 

Please see the following definitions as they relate to this process: 

• Assistant Director: The Assistant Director of Student Conduct & Safety and/or designee 
• Community Rules: established and enforced set of rules to support the safety and security of all residents who live in on-campus residence halls
• Executive Director:  The Executive Director of the Residential Life, Housing & Food Services Department
• Hearing Officer: the designee selected by the Hearing Administrator who shall hear the case against a student or student organization 
• Hearing Administrator: A member of Student Services administrative faculty designated as the facilitator for the hearing
• License Agreement: legally binding agreement entered into among and between the individual signing the agreement to reside in student housing
• Remand: Return of the case
• Residents: individuals/students residing in the residence halls who have signed a license agreement.
• Student Code: refers to the University of Nevada, Reno Office of Student Conduct Code of Conduct
• Vice President: the Vice President of UNR Student Services
• Working Days: Calendar days, excluding University holidays and weekends