Residence hall student handbook

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 Student Code of Conduct (including, but not limited to: misconduct regarding alcohol, marijuana, tobacco, other controlled substances, destruction of property, weapons, surreptitious recording), 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, and/or
• Contact Non-Emergency Dispatch at (775) 334-2677, or 911 in the event of an emergency.

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 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 educational and/or disciplinary sanctions, up to and including termination of the License Agreement and removal from the residential halls.

Residential Life has the authority to investigate reports based on the alleged conduct of residents who have signed an active License Agreement with Residential Life.  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.

Center for Civil Rights and Equal Access

Complaints of unlawful discrimination and harassment shall be referred to the University’s Center for Civil Rights and Equal Access, which has its own separate complaint and investigation procedures. For further information please view the website for The Center for Civil Rights and Equal Access.

Community Rules

Community Rules

Community Rules are established and enforced to support the safety and security of all residents who live in on-campus residence halls. The Community Rules are as follows:

1. Accessing Restricted Areas

Being on any part of the building's outside structure, including but not limited to windowsills, window ledges, roofs, attics, walls, or railings is prohibited. Entering or assisting others in accessing any unauthorized areas such as mechanical rooms and/or other restricted areas is prohibited.

2. Alcohol (Possession or Consumption)

Possession or consumption of alcoholic beverages in the residence halls is permitted under the following conditions:

1. Only by residents and their guests 21 years of age or older,
2. In student rooms where all occupants are 21 years of age or older,
3. With doors closed, and
4. With no individuals under the age of 21 present.

Residents 21 years of age or older possessing or consuming alcohol with minors (those not of legal drinking age) is strictly prohibited. Regardless of age, individuals who are guests or visitors, are not permitted to bring alcohol into any residence hall or dining facility. Alcohol is not permitted in any residence hall common area (including but not limited to entrances, hallways, or lounges). Residents 21 years of age or older may transport alcohol to their rooms through residence hall common areas such as entrances, hallways, or lounges with the purpose of transporting alcohol directly to their assigned residence.

3. Attachments to Buildings or University Owned Furniture

Objects or items may not be attached to University owned furniture, the interior or exterior of the building, exterior poles, railings, trees, room, or common room ceilings. This includes but is not limited to televisions/television mounts, speakers, and shelving units/shelves. All items hung in a resident’s room or common area must be attached to walls and be 18” below the ceiling.

4. Building Evacuations

Failure to evacuate the building and/or follow the directives of University officials during an activated fire alarm or when directed to do so in an emergency is prohibited.

5. Common Area Items

Removing furniture and/or community items from individual rooms or common areas is prohibited. Removing items, including but not limited to technology, chairs, couches, tables, and/or temporary signage is prohibited.

6. Community Living

Behaviors or actions which demonstrate an inability to abide by the requirements for group living are prohibited. Such behaviors or actions include, but are not limited to: uncleanliness, creating odors, biohazards, or any other environmental issues related to a resident’s shared space or common area(s).

7. Cooking and Kitchen Appliances

Other than in units with designated kitchen areas, possession, and/or use of cooking equipment such as hotplates with exposed coils, toasters, electric frypans, waffle makers, grilling devices (ex. barbecues, grill pans), or anything with an exposed heating element is prohibited.

Authorized items include: crockpots; rice cookers; hot-air popcorn poppers; blenders; coffee makers; air fryers; instant pots; one (1) refrigerator per room (under five cubic feet in size); one (1) microwave per room (the maximum wattage may be limited); and/or other devices that are “UL Approved.” Note: Continued electrical shortages due to the amount of cooking appliances in the room may result in the items being prohibited. *

8. Elevator Misuse

Acting in a way that may injure another person or cause damage to an elevator car, controls, communication equipment, doors, and/or the equipment used to raise/lower the elevator car. Examples include, but are not limited to, jumping, overloading, or tampering with elevator doors.

9. Emergency Exits

Opening a fire exit door or using the emergency exit stairwells is prohibited at all times except during an emergency.

10. Electioneering and/or Political Canvasing

Residents are required to complete sanctions according to the provided standards imposed as part of the Residential Life community rule conduct process. Failure to complete sanctions may result in further sanctions.

11. Failure to Comply with the Terms

Residents are required to complete sanctions according to the provided standards imposed as part of the Residential Life community rule conduct process. Failure to complete sanctions may result in further sanctions.

12. Flammables and Explosives

Possession, storage and/or use of flammable liquids, photo chemicals, propane canisters, grilling charcoal, gasoline, candles, incense, and any other items that may be determined to be hazardous is prohibited. Any burning ember or open flame is prohibited.

13. Guests

Residents are accountable for the behavior of their guests. Residents are permitted to host guests under the following conditions:

1. Approval is obtained from all roommate(s); suitemate(s) and/or apartment-mate(s) for guests.
2. Guests are accompanied at all times.
3. Guests are not individuals who are prohibited from entering the University campus and/or the residence halls, including but not limited to: trespass; Presidential Revocation of Consent; Termination of a License Agreement for safety or security purposes; as a result of a disciplinary sanction; no contact directive; etc.
4. Guests may stay overnight a maximum of three (3) consecutive nights or six (6) overnights total in a calendar month.
5. Number of people (including host) does not exceed room occupancy as follows:
   • Single: No more than three (3) people per bedroom
   • Double: No more than four (4) people per bedroom
   • Triple/Quad: No more than five (5) people per bedroom

The University reserves the right to limit guest access when deemed necessary to protect the health and safety of residents.

14. Guests – Minors

Residents are permitted to host guests who are minors under the following circumstances:

1. Minor guests must be at least twelve (12) years old unless accompanied by a legal guardian other than the resident.
2. Minors under twelve (12) years old are not allowed in residence halls without a parent or legal guardian present at all times. This includes overnight stays.
3. Resident hosts must supervise their minor guest at all times. Minor guests are not permitted to be left unattended in any part of the residence hall.
4. Minor guests are expected to comply with all Community Rules and University policies.
5. Prior to hosting a minor, a Minor Guest Request Form and Parental/Guardian Consent and Waiver Form must be submitted at least three (3) working days prior to the proposed visit.

Any violations may result in the immediate removal of the visiting minor. The University reserves the right to limit guest access when deemed necessary to protect the health and safety of residents.

15. Health Guidelines

Residents must follow University and Residential Life guidelines, rules, and policies regarding health and safety of the community.

16. Inappropriate Use of Fire Safety Devices

Hanging, covering, removing, tampering, or attaching items to and/or damaging water pipes, sprinklers, smoke detectors, exit signs, parking bollards, or other fire safety equipment is prohibited. Using fire extinguishers without reasonable cause is prohibited.

17. Meal Plan

Residents must present and/or swipe their individually issued WolfCard prior to eating at dining locations (if not using other tender).

18. Misuse of Computing and Network Resources

Any violation of the Computing and Network Use Agreement is prohibited. Please visit the Residence Hall Network Use Policy webpage for more information.

19. Misuse of WolfCard to Enter Building

The following conduct is prohibited:

1. Failure to use individually issued WolfCard to access residence halls, or allowing others to use your WolfCard to access residence halls.
2. Allowing others to enter residence halls without using their own WolfCard. Including, but not limited to: allowing others to enter through the exit doors; holding the door for others to enter without scanning; following closely behind others to prevent scanning)

All residents are required to carry their WolfCard or an authorized equivalent.

20. Misuse of Hall Equipment/Items

Misuse of items/equipment checked out from residence hall front desks and/or failing to promptly return checked-out equipment is prohibited.

21. Misuse of Drones/Unmanned Aerial Vehicles (UAVs)

Use, possession, and/or storage of drones/Unmanned Aerial Vehicles (UAVs) and similar devices is prohibited.

22. Modifications to University Owned Furniture

Modifications and/or use of University owned furniture, which prevents the room from being available to be occupied by other residents is prohibited. Examples include but are not limited to occupying more than assigned bed, dresser, desk, or closet space.

23. Parking in Fire Lanes

Parking in fire lanes is prohibited.

24. Personal Health & Hygiene

Residents are responsible for upholding personal hygiene. This includes but is not limited to hand washing; showering, maintaining cleanliness of an individual’s assigned living space, including but not limited to laundry, trash disposal, cleaning dishes, etc.

25. Pets & Animals

Pets and animals are prohibited, except for the following: tropical fish or goldfish that can survive in tanks up to, but not exceeding, 10 gallons; service animals or service animals in training; or emotional support animals that have been approved by the Disability Resource Center.  Residents who receive approval for emotional support animals through the Disability Resource Center must abide by the Assistance Animals Guidelines.

26. Posting Non-Approved Signage (Community Boards)

Posting non-approved signage on RLHFS designated community boards is prohibited. RLHFS designated community boards shall be utilized for academic studying and announcements for Residential Life and the University.

27. Posting Non-Approved Signage (Doors)

Attaching items to the door of the resident’s room or hallway area is prohibited. Residential Life and the University reserves the right to post Residential Life and University signage.

28. Posting Non- Approved Signage (Windows)

Posting signs, banners, post-it notes, or any other items on room windows is prohibited.

29. Prohibited Activities

The following activities are prohibited:

1. Engaging in water fights (or other liquids) in or around any part of the building's structure, including using water guns of all types, balloons, buckets, cups, or any other item that may be used in a water fight
2. Throwing, dropping, launching, or discharging anything from, toward, or inside the building or its windows including but not limited to, water balloons, bottles, cigarette butts, litter, food, balls, rocks, spit, etc.
3. Engaging in activities or games in hallways, common areas, balconies, rooms or suites, or adjacent parking including but not limited to Frisbee, darts, wrestling, tossing balls, bouncing balls, etc.
4. Shining flashlights and laser lights into another room or building, or from the windows onto a person(s)
5. Directly or indirectly painting or drawing on the walls of your room
6. Overloading electrical outlets, surge protectors, or power strips and/or altering existing power or communication infrastructure
7. Failing to use surge protection devices for any sensitive electronic equipment
8. Cooking using a flame or open element, barbecuing or grilling food inside buildings or in unauthorized exterior areas
9. Storing or placing items outside of rooms, in hallways, windows, on ledges, on balconies or on railings
10. Using chemical irritants inside residential buildings (including but not limited to pepper spray, mace, bear spray, spray paint, etc.)

30. Prohibited Items

The following items are prohibited:

1. Decals, stickers, glow in the dark stars, contact paper, darts, dartboard, or other items placed on walls or University owned furniture
2. Bunked/lofted beds in a way other than specified by Residential Life
3. Furniture placed on heaters, desks, dressers, chairs, concrete or wood blocks
4. Live trees (i.e., Christmas trees) or wreaths made with live plants
5. Space heaters, power tools, air conditioner units
6. Personal lamps that have bulbs higher than their rated capacity, or any bulbs 150 watts or greater, halogen lamps without wire or glass guards over the bulb
7. Multi-outlet power strips plugged into other multi-outlet power strips
8. Brewing kits, kegs, pony kegs, beer bongs, funnels, taps, and party balls, etc.

*Portable evaporative coolers are allowed in the residence halls, for full details see temperature control page on the RLHFS website.

31. Propping Doors

Propping open any exterior door, wing door, or door that leads into a main hallway, which includes room, suite, and/or apartment doors is prohibited. This includes but is not limited to tampering, disengaging, taping, and/or removing door locking mechanisms.

32. Quiet Hours/Courtesy Hours

Excessive noise during quiet hours is prohibited. Excessive noise is considered any noise that can be heard more than one door (or residence hall room) away. Quiet hours are established as follows:

Sunday – Thursday: 10 p.m. – 8 a.m.

Friday – Saturday: 12 a.m. (midnight) – 8 a.m.

During the final exam period, including prep day, quiet hours are in effect 24 hours a day. Courtesy hours are in effect 24 hours a day, and noise levels shall be kept to a level that does not disturb other residents.

33. Residential Dining Facilities

Engaging in behaviors that disrupt others’ dining experiences is prohibited. This includes but is not limited to: violating health codes (not wearing shoes, tops, and bottoms), throwing food, cutting in line, and/or entering/leaving through non-designated doors.

34. Roommate/Suitemate Agreements

Residents shall establish and abide by roommate/suitemate agreements. Residents may need to establish and abide by a Wintermester roommate/suitemate agreement, if applicable.

35. Signage

All posted signage and posters in residence hall common areas, including, but not limited to elevators, hallways, lobbies and doors must comply with UAM 5,305 and be approved by Residential Life, Housing, and Food Services.

36. Storage

Storing any items such as bicycles or personal property in hallways, stairwells, or other common areas is prohibited. Bicycles may be kept in bedrooms and suite common areas with roommate approval, but are not permitted in hallways, stairwells, balconies, and common areas where they may limit ingress and egress.

37. Trespassing

Trespassing, entering, or remaining in any room or location in the residence halls without authorization by the assigned resident or Residential Life Staff is prohibited.

38. Unauthorized Furniture

Non-university assigned furniture, which includes but is not limited to: futons, couches, lounge chairs, armchairs, beds, and mattresses are not permitted in the residence hall.

Accommodations for non-University assigned furniture is granted through the Disability Resource Center. Office chairs, gaming chairs, and ottomans must be approved by Residence Life staff in order to be permitted. Unauthorized furniture found within the residence hall will be removed and discarded.

39. Unauthorized Use and/or Possession of Residential Room Keys

The unauthorized possession, loan, modification, duplication, or distribution of residential room keys is prohibited.

40. Use of Residential Facilities for Business Purposes

Residence hall computer labs or the residence hall network may not be used for unauthorized business purposes. Use of residence hall rooms and public areas for any business or financial gain/purposes, including, but not limited to, creation, storage, and/or distribution of products for sale is prohibited. All solicitation and/or distribution of materials within the residence halls without authorization from Director of Residential Life is prohibited.

41. Unauthorized Use of Motorized Vehicles/Transport in Residential Buildings

Motorcycles, mopeds, and/or automotive parts or components are not allowed inside residential buildings. Inappropriate and/or unsafe use and/or storage of electric-powered scooters, skateboards, hoverboards, or other similar items is prohibited. Items used to transport individuals may not be used in building hallways, rooms, community spaces, or lobbies. Exceptions are devices approved by the Disability Resource Center and/or are used for ADA Accommodations.

42. Window Screens

Removing or tampering with window screens or window-limiting devices is prohibited. Entering or exiting the building through a window is prohibited.

*Canada Hall Residents: Allowances made for cooking appliances due to kitchen access. Talk with RA and/or Res Life staff for more information.

Residential Life Conduct Process

Download a complete copy of our residential life conduct process.

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 Center for Civil Rights and Equal Access may intercede and process students through the Student Code process or Center for Civil Rights and Equal Access investigation process, respectively, for more applicable, serious, or egregious violations. Note: Office of Student Conduct and/or Center for Civil Rights and Equal Access accountability processes and procedures occur concurrently with the Residential Life conduct process. 

The Residential Life conduct process includes:

1. Administrative Action
2. Receipt of Complaint or Incident Report
3. Progressive Discipline Review
4. Advisors
5. Notification and Initial Conference
6. Decision Letter (Charging Letter and Finding of Non-Responsibility Letter)
7. Informal Resolution
8. Residential Life Student Conduct Hearing
9. Sanctions
10. Appeal Process

Administrative Action

The Director of Residential Life or designee (“ 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.

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 providing a verbal or 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 or reporting of the incident to Residential Life staff. 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 fostering a community of concurrent accountability and informed decision-making. The goal of progressive discipline is prevention of a recurrence of further Community Rule violations  by helping the resident learn from their decisions. 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, rule reminder, warning, or probation under the progressive discipline standard and whether the facts and circumstances dictate that a disciplinary sanction is also 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 Center for Civil Rights and Equal Access 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.
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.
4. 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, rules and/or regulations during the probationary period. Failure to complete the conditions of a probationary term may result in additional sanctions.

Advisors

During the Residential Life conduct 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, resolution, and hearing process.
• Communicate during the conference, resolution, and hearing process directly to the resident.
• 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 communicate with the Assistant Director (or Assistant Director’s advisor) during the conference, resolution, or hearing process.

The resident must notify the Assistant Director, in writing, of the first and last name of the advisor and whether or not they are an attorney. Advisors  must be identified at least five (5) Working Days before the conference 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 in the allotted time period may result in a rescheduling of the conference or hearing.

Notifications and Initial Conference

1. In proceeding with the Residential Life Conduct process, the Assistant Director shall email a Notice of Conference to the resident. The Notice of Conference shall include the following information:
   1. The date and time the Conference is to be held;
   2. The nature of the alleged incident and the alleged violation(s);
   3. The potential disciplinary sanction(s);
   4. The Residential Life Conduct 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 for review during the initial conference or during a scheduled meeting following the initial conference;
   8. Should a resident choose not to respond to the allegations, a decision regarding responsibility shall be made without the resident’s input.
2. During the Initial Conference, the resident is informed of the nature of the alleged incident including the date, location, the Community Rule(s) allegedly violated, the potential disciplinary sanction(s), 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. Resolution of Community Rule charge(s) can occur at the following stages: during the initial conference, issuance of a charging letter or finding of non-responsibility, informal resolution and residential life conduct hearing.
      1. Initial Conference
         1. Accept all community rule violation(s) and proposed sanction(s)
         2. Not accept all community rule violation(s) and/or proposed sanction(s).
         3. If all community rule violation(s) and proposed sanction(s) are not accepted in their entirety, the investigation shall continue and conclude.
      2. Charging Letter
         1. Will be issued based upon the results of the investigation (as outlined in section VI).
      3. Finding Non-Responsibility
         1. Will be issued based upon the results of the investigation (as outlined in section VII).
      4. Informal Resolution (as outlined in section VII)
      5. Residential Life Conduct Hearing (as outlined in section VIII)

2. Should a resident choose not to participate in the residential life conduct 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 resident shall be emailed written notification of this decision and the possible resolution outcomes.
3. If a resident does not accept decision and/or proposed sanction, they shall submit a request for a hearing or informal resolution within five (5) working days in writing to the Assistant Director.

Residential Life Conduct Hearing

1. 1. The Charging Letter shall inform the resident of the following:
      1. The Community Rules violation(s) charged;
      2. The proposed sanction(s);
      3. The evidence in support of the investigation;
      4. The resident’s right to an informal resolution meeting and/or a hearing
         1. The informal resolution can be on the Community Rules violation(s) and the proposed sanction(s) or just the proposed sanction(s)
         2. 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. Notice that the resident has five (5) Working Days to consider the resident’s options for resolution, including accepting the charge(s) and sanction(s), accepting the charge(s), and having an informal resolution meeting on the sanction(s), or having a hearing on the charge(s) and/or sanction(s).
   2. The resident may accept responsibility for charges and sanctions 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.

      If the resident fails to notify the Assistant Director within five (5) Working Days of the resident’s request for a hearing or informal resolution meeting, the Community Rules violation charged and the proposed sanction(s) shall be imposed. The Community Rules violation(s) and sanction(s) shall become part of the resident’s Residential Life record.

      Resident can do one of the following:

      1. 1. Accept violation(s) and sanction(s)
         2. Accept violation(s) and not accept sanction(s)
         3. Resident has the option to request an informal resolution or hearing
         4. Not accept violation(s) and sanction(s)
         5. Resident has the option to request an informal resolution or hearing 

Finding of Non-Responsibility

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”).

Informal Resolution

1. 1. A case may be referred to a Residential Life Informal Resolution when a resident does not accept charges and/or proposed sanction(s). Resident must submit a request, in writing, to the Assistant Director, for an informal resolution meeting within five (5) working days of charging letter.
      1. An informal resolution can be used when a resident wishes to resolve the matter informally, without a hearing.
      2. The informal resolution cannot occur before the Charging Letter has been issued.
      3. A resident may have one (1) advisor present during the informal resolution. The role of the advisor is defined in Section IV.
      4. The resident can informally resolve the charge(s) and/or proposed sanction(s).
      5. The original conduct officer may adjust or uphold the original charges(s) and/or proposed sanction(s). The outcome of the informal resolution shall be emailed to the resident (“Outcome of Informal Resolution”).
      6. In some cases, the informal resolution may involve conflict resolution or an educational conference, which shall be mutually agreed upon during the conference.
      7. If the resident does not accept assigned sanction(s) after participation in an informal resolution, the student can submit a written request for a Residential Life Conduct hearing to the Assistant Director within five (5) working days.

Residential Life Conduct Hearing

1. 1. A case may be referred to a Residential Life Conduct hearing when:
      1. A resident does not accept responsibility for the alleged Community Rules violation(s) or the assigned sanction(s), 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 a resident does not respond or otherwise participate in the process
   2. A Residential Life Conduct hearing is conducted by a Residential Life Hearing Officer who shall be appointed by the 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.

   3. Hearing Procedures
      1. Hearing Officer
      2. A hearing officer shall be appointed by the Executive Director from administrative faculty members who have received applicable training.
      3. The hearing officer hears cases involving student accused of violating the Residential Life Community Standards.
      4. The hearing officer may have an advisor who was not involved in the investigation or resolution of the alleged community rule violation heard by the hearing officer.
   4. Hearing Administrator
      1. A member from the office of Residential Life, Housing and Food Services shall be designated as the facilitator for the hearing.
      2. The hearing administrator shall be appointed by the Executive Director.
      3. The hearing administrator shall notify the Responding Party in writing of the date, time, and location of the hearing and whether the hearing is before a Hearing Officer or Board (Notice of Hearing)
   5. Hearing Deadline
      1. The hearing shall occur within twenty-five (25) Working Days, but no less than ten (10) Working Days, from when the resident notifies the Assistant Director that the resident wants a hearing.
      2. The resident and the Assistant Director may each be granted one continuance upon a showing of good cause.
      3. The Executive Director shall make the determination as to whether the continuance shall be granted.
      4. Any request for a continuance shall not exceed the twenty-five (25) Working Days.
      5. The Executive Director has sole discretion to allow for a delay in the hearing due to a scheduling conflict of a witness. Any delay that is approved shall not exceed the twenty-five (25) Working Days.
   6. 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 to the Executive Director before the hearing. Requests for an open hearing shall be reviewed by the Executive Director 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.
   7. 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.
   8. 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.
   9. A resident may have one (1) advisor present during the hearing. The role of the advisor is defined in Section IV.
   10. 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.
   11. The resident, the Assistant Director, and their advisor(s) (if any), shall be allowed to attend all portions of the hearing at which information is received but may not be present during the 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.
   12. In Residential Life conduct hearings involving more than one resident, the Hearing Officer has sole discretion to permit the conduct hearings to be conducted either separately or jointly.
   13. The resident and the Assistant Director shall provide written notification to the member of Residential Life who shall be designated by the Executive Director 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 will result in the exclusion of the witnesses’ testimony at the hearing.
   14. 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.
   15. 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.
   16. 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.
   17. 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 Offi
   18. If the resident does not attend the hearing, the information in support of the report shall be presented, considered, and acted upon regardless of the resident’s absence.
   19. 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.
   20. 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.
   21. The formal rules of evidence shall not apply in Residential Life Conduct proceedings. 
   22. 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.
   23. 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.
   24. Within five (5) Working Days after the conclusion of the hearing, the resident will be emailed notification of the decision (“Notice of Decision” or “Finding of Non-Responsibility") reached by the Hearing Officer which may include assigned sanctions.

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

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. 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, the following: 

• Educational programs, modules, or projects: Participation in specific educational programs, such as: community rules quizzes, reflection papers, assessments; educational activities, such as online instructional workshops; and work assignments or service to the University or the surrounding community; and other related discretionary assignments.
• 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: The resident will lose the privilege to have a guest in their residence hall for a designated amount of time.
• Loss of Privileges – Access to Facilities: The resident may lose the right to access certain residential buildings for a certain period of time.
• Loss of Privileges – Equipment Use: The resident may lose the right to check out equipment from the front desk.
• Loss of Privileges – Computer Network Access: The resident may lose the right to access the residential computing network for a certain amount of time.
• Room Change: 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.
• 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 per the license agreement. Depending on the type of Community Rule violation, the student may be eligible to maintain and/or purchase a meal plan for the remainder of the academic year.

Failure to complete a Residential Life Sanction: Failure to complete Residential Life sanctions may result in additional community rule violations and disciplinary sanctions.

Appeal Process

Following receipt of the Notice of Decision, the resident may submit a written appeal on responsibility for the Community Rules violation(s) and/or associated sanction(s) for the violation(s). 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) emailed to the Executive Director of Residential Life, Housing and Food Services or designee (“Executive Director”).

In most cases, the assigned sanction(s) 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; and
• Grounds for Appeal
• Relevant documentation, evidence, and/or witnesses

Grounds for an appeal are:

• Deviations from procedures set forth result in significant prejudice.
• 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.
• The sanction imposed was not appropriate for the violation of the Rule(s) for which the resident was found responsible.
• New information of 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.

Interim Actions by Residential Life

In appropriate circumstances, the Executive Director may reassign 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.

Appendix: Definitions

1. Assistant Director- The Assistant Director of Student Conduct and Safety and/or designee, which is referred to as “Assistant Director” throughout Chapter 5 – On-campus housing rules and conduct process.
2. Community Rules- Rules that apply to residents and guests in the residence halls as established by Residential Life, Housing, and Food Services.
3. Director- The Director of Residential Life, which is referred to as “Director” throughout Chapter 5 – On-campus housing rules and conduct process.
4. Executive Director- The Executive Director of the Residential Life, Housing & Food Services Department, which is referred to as “Executive Director” throughout Chapter 5 – On-campus housing rules and conduct process.
5. Guest- Any individual visiting a residence hall that the individual has not signed the license agreement for that residential space. This includes but is not limited to: a student with a signed license agreement for another residential space, a University student who does not live on campus, a person who is unaffiliated with the University, or a minor with a signed Minor Guest Consent Form.
6. License Agreement- The Residential Life Student Housing and Meal Plan License Agreement, a legally binding agreement entered into among and between the individual signing the agreement to reside in student housing. Referred to as “License Agreement” throughout Chapter 5 – On-campus housing rules and conduct process.
7. Minor- Any individual under the age of eighteen (18) who does not have a signed and active License Agreement for the current term.
8. Overnight Guest- A guest visiting a resident in their assigned space any time from 12:00 am (midnight) to 8:00 am.
9. Residence Halls- Residential buildings and property that are controlled by and/or operated under the jurisdiction of Residential Life, Housing, and Food Services.
10. Working Days- Calendar days, excluding University holidays and weekends
11. Resident- A student actively licensed for the current term, as a Licensee, to reside in on-campus housing. This includes a minor, who has a completed Guarantor Form on file.
12. Student Code- Student Code of Conduct, which is referred to as “Student Code” throughout Chapter 5 – On-campus housing rules and conduct process.
13. Suite/Apartment- The full living space beyond the main entry door, including all individual rooms and shared areas such as the living room, bathroom(s), and kitchen. Residents have access to both their own room and the shared spaces within the Suite/Apartment.
14. Vice President- The Vice President of Student Services, which is referred to as “Vice President” throughout Chapter 5 – On-campus housing rules and conduct process.