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Office of Housing & Residential Life
California State University, San Bernardino

Policies & Regulations

STUDENT JUDICIAL PROCESS
OFFICE OF HOUSING AND RESIDENTIAL LIFE

Student Judicial Process
Each resident possesses certain rights and responsibilities, which must be held in high regard. The standards of conduct apply to all students regardless of class level, place of residence, or group affiliation while they are in or around any residence hall or university apartment facility. In order for all students living in the on-campus housing facilities to pursue their academic goals while residing in the residence halls and university apartments, each member of the on-campus community must accept responsibility for ensuring that his or her actions do not interfere with the ability of others to attain their goals. The judicial process will strive to enforce the standards of conduct through promoting social and individual responsibility. At the same time the judicial process mediates behavior such that any point a person has become a danger to him/herself or the community, they can no longer be a part of the community.

In the enforcement of the standards of conduct outlined in the Resident Handbook, you will have the right to fundamental fairness, which includes notice of policy violations and the opportunity to be heard. The Office Housing and Residential Life staff will coordinate the resolution of incidents of alleged student misconduct.

The Housing Judicial Process is designed to address misconduct that takes place or originates on on-campus housing premises. It also applies to Residential Life sponsored events, activities, trips, etc… which may occur off campus. The office of Housing and Residential Life gets its authority from the License Agreement, which is signed by the student at the beginning of their housing contract, and Title 5 of the California Code of Regulations, Sections 42000-42024.

A violation of Housing Policy, depending on severity, may be subject to three different systems and processes. An incident that constitutes only a violation of Housing Policy will be addressed by the Housing Judicial System. An incident that also constitutes a violation of University Policy may also be addressed by the University Conduct Process. An incident that constitutes a violation of state and/or federal law may be addressed via a court of law.

Student rights during the judicial process include:

• The right to receive timely notification of the sections of the policy allegedly violated and the date, time and place of any meeting on the alleged violation.

• The right to review information pertinent to the alleged violation

• The right to be present at any meeting on the alleged violation

• The right to receive timely notification of the final decision regarding the alleged incident

• The right to appeal the decision in accordance with the procedures

• The right to have conduct information confidential, only to be disclosed under the provisions set forth by the Family Education Rights and Privacy Act ( http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html).

CSUSB uses preponderance of evidence when deciding the responsibility of a student involved in a policy violation. In other words, we must be 51 percent sure that you violated the policy to find you responsible. This means that we do not need to be 100 percent or even 75 percent sure, just more than 50 percent sure. Another way of thinking about preponderance of evidence is with the phrase “Given the information available from the hearing, is it more likely than not that the student violated CSUSB Housing policy?

Good Samaritan Clause
All members of the housing community are encouraged to immediately seek medical or security assistance for students whose health and well-being may be at risk due to the consumption of alcohol and/or drugs. Although, it does not “free” a person from responsibility for a policy(s) violation, helping a student in need will always be viewed positively in any post-incident follow-up. This includes all incidents where the “Good Samaritan” and/or the person needing emergency assistance may have violated housing policy(s).

University Sexual Harassment Policy
Is the policy of California State University, San Bernardino, to maintain a working and learning environment free from sexual harassment of its students, employees, and those who apply for student and employee status. Any behavior determined to constitute a violation of this policy will be viewed as neither complimentary nor humorous, and will be subject to disciplinary action. For more information on CSUSB’s Sexual Harassment Policy, please visit http://policies.csusb.edu/sexharass.htm.

University Sexual Assault Policy
The University has a legal and ethical responsibility to do all it can to protect members of the University community from all forms of sex crimes, including but not limited to sexual assaults and rapes. These crimes are a violation of criminal and civil law, and constitute serious breaches of student or employee conduct as well, thus subject to disciplinary action. For more information on CSUSB’s Sexual Assault Policy, please visit http://policies.csusb.edu/sexaslt.htm.

Students with Felony Records
The Office of Housing and Residential Life reserves the right to cancel the contract of any resident convicted of a felony while a resident or with a felony conviction record.

University Alcohol Policy
The University administration recognizes the consumption of alcoholic beverages as part of the American culture. It is also recognized that alcohol abuse is a threat to the health and academic success of CSU students. Consistent with the University Strategic Plan, the administration desires to provide a safe and secure environment for all CSUSB faculty, staff and students. The University Alcohol policy is intended to help enforce laws relating to the sale, possession, and consumption of alcohol, as well as to establish the campus policy and practices involving the use and sale of alcoholic beverages on the CSUSB campus. For more information on the CSUSB alcohol policy, please visit http://policies.csusb.edu/alcoholpolicy.htm.