Residence Life Procedures

Student Conduct

One of the primary objectives of the residence hall is to help the student become a more responsible member of the community, and, when necessary, to help that student modify his/her behavior. Whenever possible, attempts will be made to correct a situation before it necessitates judicial action. However, if a student fails to adjust his/her behavior, if the situation is a serious one, or if the student’s behavior threatens the basic values or safety of the community, the Residence Life staff member will be required to document the incident. Local law enforcement agencies may be notified and/or summoned to campus for incidents involving violations of federal, state, or municipal laws.

You are encouraged to attempt to resolve minor situations before involving staff members, thereby eliminating the need for Residence Life staff to become involved. All staff and students are urged to file incident reports in any instance where they have information pertinent to a situation, or when a student’s attempt to resolve a situation is not successful.

Adjudication Process

As a result of their freedom of choice, students may make mistakes and violate residence hall standards. Corrective and punitive actions by CMC may be required if a student violates certain rules of conduct or if his/her actions may endanger the property or well-being of individuals or organizations.

Violations of residence hall policies have sanctions that will vary depending on a number of factors. Some of these factors include, and are not limited to, the seriousness of the situation, the level of involvement by a student, the cumulative policies a student has violated, and a consequence appropriate for this type of violation. Due to the circumstances surrounding a policy violation, the class and sanction may be increased, but not decreased due to the reasons stated above.

The aim of the Residence Hall Adjudication P­rocess is to arrive at decisions which ensure that individuals assume full responsibility for their actions and which ensures the rights, freedom, and safety of all members of the residence hall community.

Adjudication proceedings are based on the concept of fundamental fairness and students are ensured the following process:

1. A contact card is completed and delivered to each person that possibly violated the code of conduct as soon as possible following the incident.

2. An incident report is completed and sent to the Code of Conduct Officer.

3. The person named on the contact card must schedule a meeting with the Code of Conduct Officer as soon as possible or no later than the end of the next business day after the card is issued.

4. At this scheduled meeting the student will receive an explanation of the adjudication process, clarification of possible code of conduct violations, opportunity to discuss the incident and their role, or disclose any other relevant information.

5. The outcome of the formal or informal meeting is documented and provided in writing to the student and any necessary college officials.

6. Depending on the outcome, the student has the right to request an appeal according to appeal procedures.

Please also refer to the Student Handbook for the full adjudication process.

It is your responsibility to schedule and keep your judicial and administrative appointments; a reminder note may be sent, but is not required. The judicial meeting may be ­conducted in your absence if you fail to attend.

Suspension of the Disciplinary Hearing Process

During the final week of the academic semester, portions of the disciplinary process may be suspended in order to adjudicate violations prior to the departure of students.

The typical timeframe will be suspended. Code of Conduct officers reserve the right to conduct hearings/inquiries with students for policy violations at the time of the incident or the next working day. Students will be notified verbally of the charges against them, and receive electronic or written notification of their rights and responsibilities (contact card) at or before the time of the hearing/inquiry.

The Code of Conduct officer will conduct an inquiry as outlined in the student handbook. The student will be provided with written notification of the resolution of the case, including any sanctions, within 24 hours of the hearing and investigation, barring extenuating circumstances. Cases with extenuating circumstances, serious offenses, or a large number of involved students may be forwarded to a formal hearing.

Students may be contacted during winter break or summer semester, to resolve incidents occurring during the final week of classes. Failure to respond to a contact card, hearing notification letter, e-mail correspondence, and/or telephone call will not absolve the student of responsibility and will compel the Code of Conduct officer to make a decision without benefit of the student’s input.

College Staff Requests

All students and guests confronted for possible violations will be asked to present their valid Colorado Mountain College ID or other State or Federal issued photo ID. Residents are expected to comply with all reasonable requests which are made by Residence Life staff in their efforts to create an academic environment in the residence hall and maximize the residential experience for all residents. Failure to comply with requests will most likely result in a non-compliance violation and be subject to further judicial action. This includes, but is not limited to, verbally threatening, abusing or harassing staff in the performance of their duties.

Search and Seizure

The right of individuals to be secure in their persons, living quarters, papers, and effects against unreasonable search and seizure is guaranteed. However, authorized CMC officials may enter a resident’s room and conduct an administrative search when there is sufficient reason to believe that violations of CMC or civil regulations are being committed. A delay of an administrative search may endanger the health and safety of the residents or result in the probable destruction of the evidence of the violations. “Sufficient reason” means having reasonable grounds for suspicion supported by facts and circumstances sufficiently strong to justify a cautious person’s belief that a party is violating or has violated a regulation. Items may be confiscated by CMC officials when these items are associated with possible illegal activity, violation of CMC regulations, or fire safety regulations. Items confiscated may include but are not limited to: alcohol, drugs, false identification, pipes, drug paraphernalia, illegal plants, incense, candles, weapons, fireworks, or other suspect items. Items may be discarded or turned over to authorities for further investigation.

Adjudication Process

Violations of the residence hall regulations result in a variety of judicial sanctions. In an attempt to be consistent in dealing with infractions, and so that students will be aware of the consequences of their actions, the Residence Hall Adjudication Process was established. The Residence Hall Association, the Residence Life staff, and the CMC administration and students have all played vital roles in designing and modifying the Residence Hall Adjudication Process. This Process conforms to the Student Handbook which is a guide for all students attending CMC.

Violations of the residence hall regulations have been divided into three classes. Class I violations are the most severe, and they grade downward to Class III violations which are the least severe. The following is an outline of the consequences of violations, and examples of each are given. Any violation can be increased or decreased in classes due to circumstances.

General Adjudication Information

The Residence Hall Adjudication Process serves as a guide and may be modified based upon individual situations. At all times we strive to keep the educational goals of the individual and the residence hall community in mind when assigning judicial sanctions.

Actions not specifically listed in the Residence Hall Handbook, but deemed inappropriate by community standards, will be handled as a violation of the Residence Hall Adjudication Process. If actions are illegal or inappropriate in town, they are also inappropriate on campus. CMC has a zero tolerance policy for illegal drugs and/or controlled substances.

Nonresidents, whether students or not, must abide by CMC rules and regulations if they are on College property. If nonresidents are present where violations occur, they may receive appropriate judicial sanctions or be turned over to the local authorities.

All parties will be held responsible for any violations of the residence hall regulations and may be subject to judicial action. It is the responsibility of students to remove themselves from the room or report the regulation violation to prevent being held responsible for what is occurring in the room. For example, one person is found drinking alcohol in another’s room. That person and the resident(s) of the room, and all in the room will be documented and subject to judicial action.

A frequent sanction is community service. This gives the student an opportunity to give back to the community after violating a regulation. Failure to complete community service on time results in a mandatory fine of $15 per hour.

If a student has been documented for an incident or has received a contact card, the student must contact the designated conduct officer before the end of the next business day. Questions regarding a student’s responsibility in an incident should be directed to the Code of Conduct Coordinator.

Multiple occurrences of a Class II or III violation could reclassify the offense for additional sanctions and escalate to a higher class.

Class I Violations

Drugs, drug paraphernalia, weapons, tampering with or misuse of security/fire safety equipment, propping of outside doors, starting a fire, theft, vandalism, physical assault (including fighting), use of staff keys/cards, malicious pranks, (including verbal and sexual harassment) sexual assault, tampering with surveillance systems, setting off fireworks, harassment, possession of bulk alcohol, organizing a keg or other party, repeat alcohol violations, possession of residence hall or other CMC property without written permission of a CMC official, failure to comply, hazing.

Class I violations may result in any or all of the following:

1. Immediate suspension from the residence hall with no refund of housing deposit or semester housing and food service fees. Please see the Academic Year Agreement for more information.

2. Violator(s) may be required to see the Campus Dean for Student Affairs regarding further action (i.e., expulsion from the College, criminal prosecution).

3. Fines assessed.

4. Community service.

5. Other sanctions deemed appropriate.

Class II Violations

Alcohol, tobacco use in non-designated areas, wagering, cooking in room (such as using an open coil burner), pets/animals, moving residence hall furniture, pranks, building damage, fighting (verbal), working on automobiles, abandoning vehicles or auto parts on campus, possession or use of keys/cards assigned to another resident/student, unauthorized guests, alcoholic beverage containers (empty or full), possessing an incendiary device, incense and candles, non-compliance with staff requests.

Class II violations may result in any or all of the following:

1. Written warning/discussion.

2. Probation: An appropriate probationary period will be determined by the judicial officer. Further violations, or failure to complete the obligations outlined in the probationary letter may result in suspension, with loss of deposit and semester housing and/or food service fees. Following the probationary period, students are expected to abide by residence hall rules and regulations.

3. Restriction from Student Center/activities and club activities.

4. Fines assessed.

5. Community Service.

6. Other sanctions deemed appropriate.

Class III Violations

Violation of quiet/courtesy hours; littering; throwing or hanging objects from the building, roofs, and ledges; rolling or riding bicycles in the hallway; running upstairs or around building, sports in the hall, being on the roof.

Class III violations may result in any or all of the following:

1. Verbal or written warnings from the Residence Life staff. Continuing problems/warnings may result in additional disciplinary actions.

2. Discussion with the Assistant Coordinator, Senior Resident Assistant or Coordinator (depends upon circumstances and severity)

3. Fines assessed.

4. Community service.

5. Other sanctions deemed appropriate.

Sanctions

Residence Hall living is a “community” living experience, and one of the reasons guidelines are set forth in this handbook is to benefit the community. We try to provide an atmosphere conducive to the attainment of your educational goals. Infractions of the Residence Hall procedures, particularly those regarding courtesy and quiet hours, alcohol, pets and guests are often incompatible with the community. The following fine system has been established to serve as a guide to students regarding the seriousness of these.

Courtesy/Quiet Hours: In an effort to reduce offending noise levels in the residence hall, and to create a more studious atmosphere, students are subject to the sanctions listed in the Residence Hall Adjudication Procedures as well as the fines listed below. These sanctions may be imposed separately or together.

1. First Offense: Written warning and/or $25 fine, removal of sound system (i.e., stereos, TV’s, radios, etc.) for a two week period if these systems are the problem.

2. Second Offense: $50 fine, removal of the sound system for the remainder of the semester; suspension of all visitation/guest privileges (including both on- and off-campus guests).

3. Third Offense: $75 fine, severe conduct action, relocation of student, and other judicial action as deemed appropriate.

Alcohol: If a student is found to be in violation of the alcohol regulation or responsible of unbecoming conduct resulting from the consumption of alcohol, they may be subject to the sanctions listed in the Residence Hall Adjudication Procedures as well as the fines listed below:

1. First offense: $25 fine and other conduct action as outlined under Class II violations, and/or Host Clause; educational sanction and associated costs.

2. Second offense: $50 fine, other judicial sanctions as outlined under Class I or Class II violations and/or Host Clause. Probable termination of Residence Hall and Food Service Academic Year Agreement by the College.

• Note: “Host Clause” - Should you choose to host an event in your room where an alcohol violation is occurring, you will be held to a higher level of accountability.

• Note: Fines for alcohol are judicial based on serving equivalency per container full or empty. Each serving equivalency will be charged at the rate of $10 per serving (i.e. 1.5 oz. hard liquor, 5 oz. wine, 12 oz. beer) for the involved individuals and/or host.

Guests: Any student violating the guest regulation may be subject to the following sanctions:

1. First offense: Written warning and/or $25 fine, suspension of visitation/guest privileges for a period to be determined by the code of conduct officer, and other judicial sanctions listed under Class II violations.

2. Second offense: $50 fine, indefinite suspension of visitation privileges, other judicial sanctions as listed under Class I or Class II violations.

3. Third offense: $75 fine, other judicial actions as deemed appropriate.

Pets: Any student violating the pet regulation may be subject to the following sanctions:

1. First offense: $50 penalty, educational sanction and other code of conduct action as outlined under Class I or Class II violations.

2. Second offense: Probable termination of Residence Hall and Food Service Academic Agreement.