Residential Living and Learning Conduct Process

The Residential Living and Learning (RLL) conduct process is designed to encourage students to take responsibility for their actions and ensure that the rights of all members of the residence community are respected. The RLL conduct process includes administrative action and typically involves the following:

• Residential Living and Learning staff document residents suspected of community standards violations and submit an incident report to the professional Residential Living and Learning staff.
• Cases of repeat Community Standards violations or incidents involving a potential safety risk to the resident or community may be referred directly to the Coordinator of Student Support and Well-Being, Assistant Directors, or Associate Director of Residence Education.
• Notification is sent via e-mail to the resident(s) myLeo account of those alleged or witnessed as involved in the violation of the Community Standards.
• During a conduct meeting, the resident(s) will meet with the Coordinator of Student Support and Well-Being, Community Director, Assistant Director, and/or the Associate Director of Residence Education. The resident’s findings of Responsible or Not Responsible in the alleged Community Standards violation is typically decided during or after the conduct meeting. Once a decision has been made, the resident is provided with a decision letter via e-mail outlining the findings and applicable sanctions.
• If the resident is found responsible for a Community Standards violation, sanctions consistent with the Community Standards violation(s) are assigned. Sanctions are typically educational assignments or tasks to increase self-awareness and encourage appropriate behavior consistent with community living.
• Following receipt of the decision letter, the resident may submit an appeal via the link included in their letter. Appeals must be submitted within five (5) business days from the date of the decision. (Refer to Appeal Process for more information).

Failure to participate in the Residential Living and Learning conduct process will result in further administrative actions, including a registration hold on their student account and up to cancellation of their housing contract. The Residential Living and Learning conduct process is separate from the Office of Student Rights and Responsibilities.

Students are responsible for what occurs in their room. As a result, they may be held responsible for the violation occurring in their assigned room or suite, even if they are not present when the violation occurred. For conduct purposes, the decision on whether a violation occurred is based upon a preponderance of information and, more likely than not, the alleged violation occurred. Preponderance is based on the more convincing evidence/information and its probable truth or accuracy, and not on the amount of evidence/information.

Accepting Responsibility for Your Actions

During the conduct meeting, the Residential Living and Learning (RLL) professional staff member will review the student's rights, alleged violation (s), and incident report with the resident to determine responsibility or not. Our conduct process is intended to be educational in nature to allow the student to learn from their mistakes. Residents may be found responsible or not responsible for violations, and these decisions are communicated via email to residents' East Texas A&M email in a decision letter. A finding of not responsible requires no further action from the resident. A finding of responsible generally requires a change in action or behavior, sometimes called a sanction. Whether a resident accepts responsibility for a Community Standards violation or is found responsible for the violation(s) by Residential Living and Learning staff, sanctions assigned are intended to provide the resident with an educational opportunity. Sanctions are designed to provide opportunities for self-reflection, increased self-awareness, and a deeper understanding of the impact of their behaviors on themselves and others in their community.

Residence Hall Removal

Residential Living and Learning reserves the right to remove any resident from the residential communities due to safety considerations, contract 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.

Any decision to summarily remove a resident from the residential community may be appealed via the Appeals Process described below.

Residential Living and Learning is not responsible for making alternative housing arrangements or for paying or reimbursing any costs any resident may incur as a result of being removed from the residence halls.

Appeal Process

Following receipt of the decision letter, the resident may submit a written appeal within five (5) business days from the date of the decision. In most cases, the assigned sanctions will not be initiated until the appeal process is completed.

The appeal process exists to review the appropriateness of the initial findings of responsibility and/or sanctions imposed. Beyond not liking the original decision or sanctions assigned, those appealing should have a defined rationale, and articulate that clearly. Appeals can be submitted by completing the appeal form found at the link located in the decision letter and uploading an appeal document. The uploaded appeal document should include the following information:

• First and Last Name
• Phone Number
• ETAMU Email Address
• ETAMU ID Number (Student ID)
• Conduct Case Number
• Grounds for Appeal

The appeal must specify one or more of the following grounds:

• That the Residential Living and Learning Conduct Procedures were not followed. Deviations from designated procedures will not be a basis for sustaining a challenge unless the procedural error substantially impacted the finding or sanction
• There is new information or other relevant facts not available at the time of the decision that is potentially sufficient to alter the findings
• That the sanction(s) assigned is/are substantially disproportionate to the severity of the violation

The appeal and all relevant information pertaining to the case will be forwarded to the appropriate administrator. Following a review, the administrator may uphold the initial decision, modify the sanction(s), remand for a full or partial review, or dismiss the case.

Should a resident intending to appeal believe they have been given inadequate time to prepare an appeal, they may submit a written request for an extension of time to [email protected]. This request must be submitted in writing within the five (5) business day appeal period and include a proposed submittal date and a rationale for requesting an extension.

Students submitting an appeal will receive an email notice of the administrator's appeal decision within ten (10) business days of receipt of the written appeal. The decision of the administrator is final.

Special Administrative Actions

The following are special administrative actions that may be taken in addition to and apart from the conduct process.

The Director of Residential Living and Learning or designee may initiate action against a resident pending the initiation of the conduct process whenever there is information that a resident poses a threat to the safety or well-being of the residential community members and/or University property or poses a continuing threat of disruption or interference to typical community life or the functioning of the residential communities.

A resident subject to special administrative actions will be given prompt written notice of the allegations and the opportunity for a prompt conduct meeting. These actions include, but are not limited to:

RELOCATION

The Director of Residential Living and Learning or designee may require residents to move to another room or suite or move to another residential community. Reasonable notice shall be given under the circumstances.

INTERIM EXCLUSION AND AREA RESTRICTION

The Director of Residential Living and Learning or designee may exclude any resident from University-owned, operated, or leased housing before final determination of an alleged violation. The resident may be restricted only to the minimum extent necessary when there is reasonable cause to believe that the resident's residence or presence in a specified area of University Housing will lead to physical abuse, threats of violence, conduct that threatens the health or safety of any person, or cause disruptive activity incompatible with the orderly operation of University Housing.

CONTRACT SUSPENSION

The Director of Residential Living and Learning or designee may prevent a resident’s re-contract pending the final determination of an alleged violation(s).