Introduction

The Office of Residence Life at C.W. Post Campus/Long Island University is committed to providing an environment in which students may academically and personally succeed. This endeavor is supported via the Residence Life Judicial Code. The Residence Life Judicial System has jurisdiction over all residence halls and the students residing within and/or affiliated withthem. Policies have been established in accordance with University regulations, local, state, and federal laws, and input from previous residents.

Documentation

Residence Life staff members document significant events which involve resident students. These forms are kept on file within the Office of Residence Life. Events are documented using the following forms:

Notice of Policy Violations are completed by staff members in the event of a relatively minor policy violation in which the occurrence of the violationis not contested by the resident. These forms are only used for residents who have otherwise been positive members of their community.

Information Reports may be used for noting a wide range of information(e.g., possible policy violations, leadership roles, and/or personal accomplishments). Information Reports may be completed by any member of the University community.

Process

When an alleged policy violation - usually via an Information Report - is presented to the Residence Hall Director, the judicial process is set in motion. A judicial body is assigned according to the severityof the situation, previous judicial involvement, and the appropriateness of the judicial body. The judicial body may be but is not restrictedto - a Residence Hall Director, an Assistant Director of Residence Life, or the Judicial Board. A notice of the charges, a copy of the Information Report from which the charges stem, and a notice of the time, date, and location of the hearing will normally be sent no fewer than two (2) days and no more than (10)ten days prior to a Pre-hearing.

Pre-hearings
Pre-hearings are conducted to ensure that students understand the judicial process and policies as well as their rights. During the Pre-hearing, the student may waive the right to an Administrative Hearing or be given the opportunity to request a Disciplinary Conference. Barring a need to do otherwise,the Judicial Body will then proceed directly into an Administrative Hearing or a Disciplinary Conference. Mediation may replace a hearing in suitable cases.

Disciplinary Conference
The opportunity to have a Disciplinary Conference is based on the severity of the policy violation, the past judicial history of the student, and an acceptance of responsibility for violating a policy. Given that a student accepts responsibility for violating Residence Life policy, the outcome of the Disciplinary Conference is achieved through agreement of responsibility and sanction between the student and the Hearing Officer. Therefore, when choosing a Disciplinary Conference, the student forgoes the opportunity to request an appeal. In the event that agreement cannot be obtained, an Administrative Hearing will be conducted.

Administrative Hearing
Any disciplinary matter can be resolved in an Administrative Hearing setting ranging from the rejection of a Notice of Policy Violation to serious and/or sensitive allegations. Administrative Hearings will also be conducted for occasions when the potential sanction may be severe due to the type of policy violation or the student's past judicial history.

During the hearing, technical rules of evidence will not be applied. All relevant information, witnesses, and evidence should be presented to the hearing body. The judicial body has the authority to limit the number of pertinent witnesses. Hearsay evidence is permissible. Finally, judicial decisions are based on a preponderance of evidence (i.e., "the allegations more likely than not occurred as charged"). Normally, all formal hearings are audio-tape recorded. These tapes shall be the property of the University and will normally be kept for three to five days following the hearing perhaps longer in cases involving an appeal and shall not be duplicated except as approved by the Director of Residence Life.

Expedited Administrative Hearing
The goal of the Expedited Administrative Hearing is to allow students to focus upon their academics during the final weeks of each semester by eliminating any distractions caused by an alleged policy violation. In the event that a student is involved in an incident in which residence hall policy may have been violated within the last two weeks of a semester (includingthe week of finals), the judicial body may choose to make use of the Expedited Administrative Hearing. While effort will be made to offer students the same rights and process as in the rest of the academic year, the time parameters will be shortened and some written components of the judicial process may become oral to allow for maximum expediency in judicial processing.

Residence Judicial Board
The Residence Judicial Board is comprised of residence hall students and a non-voting advisor. It exists to provide the opportunity for students to be involved as leaders in their Residence setting. The Residence Judicial Board also offers students accused of violating hall policies anopportunity to have their behavior evaluated by their peers. A simply majority is necessary to arrive at a finding and to assign a sanction. In the event of a tie vote, the student will receive the benefit of a "not responsible" finding and no sanction will be assigned. Those interested in serving on the Residence Judicial Board are encouraged to contact the Office of Residence Life.

Rights of Accused Students

All hearings shall be fair and reasonable in keeping with the fundamental concept of fair play. If you are accused of policy violations, you will have the rights listed below:

- The right to be informed of your rights, policies, and judicial procedures.

- The right to timely notice of a hearing, including written notice of charges, usually within ten(10) working days after the report of the incident.

- The right to confidential proceedings. Information pertaining to the hearing or judicial file may only be shared with those in the University community that display a direct need to know.

- The right to a copy of all documents (i.e., the Information Report).

- The right to be presumed not responsible for committing an infraction of a policy unless and until found responsible by a preponderance of the evidence presented (a standard of "more likely than not").

- The right to an advisor for the purpose of consultation, but not to speak on your behalf or to participate directly in the hearing except as permitted by the judicial body.

- The right to present and examine evidence/witnesses, with a few exceptions. The number of witnesses may be determined by the judicial body.

- The right to remain silent or to not attend a hearing. If you choose to exercise this right, a hearing will still be conducted. Evidence in support of the charges will be presented and considered and a decision will be made based on that evidence.

- The right to a simple majority vote of a judicial board to secure a finding.

- The right to receive a judicial decision in writing, usually no more than three (3) business days after a hearing.

- The right to request for an appeal to a finding of "responsible"and/or sanctions imposed. The request for an appeal must be made in writing no more than three (3) business days after the date of adjudication.

Rights of Alleged Victims

In some situations, not only does a student's conduct violate residence hall policy, but also victimizes another members of the University community.The University community includes, but is not limited to students, staff, faculty, parents, campus neighbors, campus visitors and any agency which is engaged in a legitimate business transaction with the University (e.g.,vendors). When someone is identified as an alleged victim, they are afforded certain rights within the judicial system. If a victim withdraws the complaint, the University may proceed with the case.

Victims are entitled to the following rights:

- The right to have the judicial process explained in full.

- The right to submit a written account of the alleged incident.

- The right to be informed of the date, time,and location of the hearing and to request a delay of the hearing for extenuating circumstances.

- The right to be present during the hearing, including all testimony, the declaration of the finding and the announcement of any sanctions which are imposed. Victims are not permitted to be present during the private deliberations of the judicial body.

- The right not to face the accused during the hearing, but present evidence behind a physical barrier,via telephone, or other electronic means (e.g., audiotape recordings).

- The right to have an advisor present throughout the judicial process, including the hearing, although the advisor may not speak on behalf of the victim.

- The right to serve as a witness.

- The right to decline to be a witness. The exercise of this right will be regarded as a statement of support of the accused.

Residence Hall Policies

A resident with knowledge of a policy violation can be found responsible for the applicable violation.

Room Entrance by University Officials
The Office of Residence Life respects the privacy of residents in the halls. At times, it may be necessary for staff to enter a student's room. Staff may enter a student's room without prior consent given one or more of the following stipulations:

- There are maintenance services necessary as mandated by the school,or at the request of the occupant.
- Regularly scheduled maintenance/health safety inspections are due.
- It is believed that there is a facilities- and/or health-related emergency.
- There is a clear indication that a Residence life policy is being violated.
- There are at least two staff members present.

Students whose behavior violates the following policies are subject to a maximum sanction of "Residence Hall Suspension" and University Sanctions"

Behaviors related to alcohol consumed within or outside of residence halls.

State law mandates that no person under the age of 21 may acquire, possess, or consume any alcoholic beverages.

Persons over 21 may possess alcoholic beverages in moderate amounts in their individual residence hall room or suite with the following limitations:

No person shall sell, deliver, or give away any alcoholic beverage to:

--any person under the age of 21(twenty-one) years
--any person who may be considered intoxicated

No common sources of alcohol are permitted in the residence halls-including, but not limited to: kegs, beer balls or "trash can punch".

At no time is an open source of alcohol (e.g. cups, bottles, cans) permitted in any public area (e.g. lobbies, hallways, outdoors on campus).

Unlawful possession, use, or sale of controlled substances or the possession of drug paraphernalia.

Behaviors related to illicit drug use consumed previously within or outside of the residence halls.

Interference with residence hall staff or other University officials in the performance of their duties and/or disregarding a reasonable request of any residence hall staff.

Failure to honor the decision of a hearing officer or judicial body or board.

The false report of fire of any other emergency, including bomb threats or serious injury.

Pulling or tampering with a fire alarm pull station when no fire is present.

Causing a smoke detector to sound when no fire is present.

Sounding alarms or engaging the stop button on an elevator when there is no emergency.

Possession, storage, use or manufacturing of firearms and weapons including, but not limited to, knives, hunting bows, ammunition, guns, B.B. guns, slingshots, martial arts weapons, stun guns, launching devices and pepper spray-or the equivalent.

Intentionally or unintentionally causing smoke or a fire including burning candles or incense.

Failure to evacuate when a fire alarm sounds.

Obstructing (pennying shut, gluing or jamming) a door so as to prohibit entrance and/or exit from a room.

Tapestries and other room decorations affixed to or suspended from the ceiling or placed in doorways.

Accidental or intentional misuse of fire safety equipment including but not limited to fire hoses, fire extinguishers, sprinklers, exit signs, pull-stations, fire alarms bells and smoke detectors.

Use of extension cords or multi-receptacle outlets with the exception of UL listed power strips with surge protectors.

Conduct that intimidates, threatens or endangers the health or safety of any person.

Behavior that intentionally or recklessly causes physical, financial or emotional harm to any person.

Behavior that is construed as a nuisance and thereby disrupts the residence hall community.

Activities that are defined as hazing under the New York State and local laws, and C.W. Post Campus/Long Island University policies (refer to Student Handbook and State documents - see Greek Advisor).

Possession of any pets-except fish humanely contained in a tank (limitedto one 20-gallon tank per room) and guide dogs.

Physical Assault/Abuse or the Threat of Physical Assault/Abuse

Physical abuse of any person (e.g. battery and fighting).

Threatening violence to another person.

Retaliation for physical assault/abuse to one's self; or on behalfof another.

Use or possession of open flame or open element appliances, including toasters, hot plates and hot pots in residence hall rooms or other unauthorized areas.

Cooking in residence hall rooms or other unauthorized areas.

Possession of water-filled or lofted beds.

Window screens are not to be removed under any condition due to danger to life and property (dropping, throwing or allowing solid or liquid objects to go out the window is strictly prohibited).

Devising any unsafe situation in which a member of the residence hall community can be injured.

Propping an exterior and/or emergency-exit door.

Unauthorized duplicating, lending or borrowing of room or building entry keys/cards.

Any physical and/or sexual activity with a person who does not, is unable or unwilling to consent.

Violation of any local ordinance, New York State and/or Federal Law.

Possession of any stolen goods.

Unauthorized use of telephone long distance personal security codes.

Unauthorized entry into or occupation of any restricted, locked or closed residence hall facility (including roof and housekeeper's closets), student room or elevator.

Entry/exit through a residence hall window.

Entry into a residence hall via a locked or propped door.

Entry into a residence hall after having been evicted and/or restricted from a residence hall.

University Policy

Violation of any University Policy as defined in The Student Handbook or other University publication.

Vandalism

Willful, wanton or reckless damage to University premises or property, or the property of a member or guest of the University community, including littering.

Students whose behavior violates the following policies are subject to a maximum sanction of "Deferred Suspension from the Residence Halls"--provided that the student's judicial history and the severity of the incident do not dictate otherwise.

Dishonesty

Presentation of false information to Office of Residence Life employees in the performance of their duties, including judicial hearings.

Disruption and Noise

Behaviors which interfere with another person's free exercise of academic or personal pursuits.

Conduct which is loud, indecent, or disorderly, including but not limited to, stereos at a high volume, excessive yelling or playing in the halls.

Playing amplified musical instruments or disturbing other residents while playing a musical instrument.

Gathering

No Greek organizations will be permitted to hold any Greek-related functionswithin the residence halls or their immediate grounds without approval from the Director of Residence Life.

No gatherings of over 20 people in a residence hall suite, 10 in a room.

ID

Duplication, lending, borrowing, misrepresentation or misuse of the student identification card.

Failure to provide proper identification when requested to do so by staff.

Students whose behavior violates the following policies are subject to a maximum sanction of "Residence Hall Probation", provided that the student's judicial history and the severity of the incident do not dictate otherwise.

Decorations

Only UL approved electrical decorations are permitted.

Use of decorations made from flame retardant materials only.

No decorations permitted on light fixtures.

No use of live pine or extension cords.

Furniture Misuse

Misuse of University property or furniture; possession of common area furniture in student rooms.

Quiet Hours

Nassau Hall and the South Residence Complex are Intensified Quiet halls in which the "Quiet Hour" policy is in effect at all times.

In all other residence halls, Quiet Hours are as follows:

Sunday through Thursday, 8 p.m. to 8 a.m.

Friday through Saturday, 12 a.m. to 8 a.m.

Students are expected to be considerate of their roommate and neighbors 24 hours a day. This means that any behavior that disrupts others is unacceptableat any time. Twenty four-hour quiet hours will be in effect during final exams week.

Smoking

Prohibited in all areas of the residence halls except in the privacy of student rooms.

Prohibited in private rooms for a student who registered as a "non-smoker"on the Residence Hall Roommate Preference Contract ­ this is in accordance with New York State laws. Should a smoking resident have a roommate who does not oppose smoking in the room, the living arrangement may continue without interruption. Otherwise, the smoking student will be relocated.

Solicitation

The sale of services or products, or the seeking of funds, signatures, merchandise or supplies.

Attempts to urge, incite, request, or advise a person or persons to adopt an idea or purchase merchandise or services for personal profit or organizationgain.

Receiving business offers or goods in the residence halls for business purposes of any nature.

Individuals or organizations wanting an exemption to this policy must contact the Director of Residence Life.

Visitation

All overnight guests must sign-in and present a photograph ID. Upon signing in, the host assumes full responsibility for the guest's behavior and well-being.

A resident may not have more than one overnight guest at a time, and the guest may not stay longer than two (2) consecutive nights.

All roommates must agree upon the presence of a guest.

All guests must be escorted by their host/hostess at all times.

Guests may not be permitted to register and/or enter, or may be removed from a residence hall if one or more of the following conditions apply:

- The guest has no photo ID.

- The guest is suspected to be under the influence of alcohol and/or other drugs.

- The guest has attempted to enter through a locked/propped door.

- The guest has been evicted and/or restricted from the residence hall.

- The guest is alleged to be involved in any policy violation.

*A "guest" is someone who is visiting a specific resident or has been allowed to visit a room or function by a resident, whether invited or uninvited.

Residence Life Sanctions

Residence Hall Warning ­ given to inform the resident that a specific behavior does not meet minimum expectations for residence hall living. It is generally imposed following isolated and less serious incidents of misconduct or contract violations.

Education/Community Service Contract - examples include research topic, designing and/or presenting community service awareness programs, hall presentations, bulletin boards or making restitution for damages through restorative work.

Behavioral Contract - a document that stipulates specific behavioral expectations and consequences for failure to adhere to those expectations. Issued with status of Deferred Suspension.

Restitution - compensation for loss, damage, etc., which may includemonetary or property replacement or performing an appropriate community service.

Referral - a judgement which incorporates the referral of the student to Student Health and Counseling Service and/or other offices as deemed appropriate due to the circumstances of the incident.

Residence Hall Probation - a status within the halls that states that the resident student is not considered to be in good standing within the residence hall system. Any further violation may lead to more serious disciplinary sanctions.

Residence Hall Reassignment - a mandatory change of room/building assignment within the University-supervised residence halls. Generally a sanction issued in unique cases wherein it is believed that a change in the student's living environment may resolve any behavioral concerns.

Deferred Suspension - a stipulation that subsequent disturbances in the residence hall community will result in removal from all University-supervised housing (requires strict adherence to conditions of a Behavioral Contract to remain in the residence halls).

Immediate Summary Suspension - a stipulation that a resident must leave the residence halls in an extremely expedient fashion, as determined by the judicial officer, and not return until a hearing can take place - within the shortest reasonable time not to exceed nine (9) days. This may occur when it is believed that the health, safety, well being and/or appropriate functioning of either the accused student or a member of the University community is in serious question. Concern regarding the preservation of property may also result in such a sanction.

Recommendation for other University sanctions - residents who commit serious and/or chronic violations of the residence hall policies will be referred to the Associate Provost's office with the possibility for University-wide sanctions.

Residence Hall Suspension - removal from the University residence hall community for conduct which is a serious violation of residence hall rules or regulations. Termination may also result from less serious but repeated incidents of misconduct. Serious violations are generally considered those behaviors that are dangerous or highly disruptive. The judicial body will determine the period of time for a suspension-ranging anywhere from the remainder of a given semester to permanent suspension-and may include a ban ranging from one residence hall to all residence halls and the dining areas.

If issued the sanction of Residence Hall Suspension, the resident will remain accountable for 100% of the residence hall charges for the remainder of the semester.

NOTE: Any student who fails to satisfactorily complete a sanction shall be subject to the charge of "Failure to Comply".

Appeals

Students are entitled to request an appeal for the result of a hearing. Requests for appeals must be made in writing within three (3) business days from the date of adjudication. Judicial Action Appeal Request Forms can be obtained from the Office of Residence Life and/or Residence Hall Directors. An appeal is limited to a review of the proceedings before the judicial body and any evidence that first became available after the adjudicatory proceeding.

A judicial body will review requests for appeals and determine if grounds exist. A written response will be sent to the student. Appellate bodies will review the substantive information on which the request for an appealis made. A request will generally be granted if at least one of the following conditions are met:

- New information is available that was not available at the time of the hearing;
- Established procedures were not followed, and these errors effected the outcome of the case;
- The outcome of the case is not supported by a preponderance of the evidence;
- The sanction is inappropriate for the offense committed and/or a student's judicial history.

Appellate bodies may:

- Uphold the original sanction;
- Uphold the decision and reduce the sanction; or
- Reconsider cases where there is new information or a procedural error.

By exercising their right to request an appellate review, students shall not be at risk of a more severe sanction. While an appeal is pending, sanctions will be delayed until the request has been acted upon and final resolution has been reached - with the exception of the Immediate Summary Suspension.

Additional notes*

I. Definitions

The term "University" means Long Island University/C.W. Post Campus.

The term "student" includes all persons enrolled at the University, both full-time and part-time, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary educational institutions otherthan Long Island University/C.W. Post and who reside in the University's residence halls. Persons who are not officially enrolled for a particular term but have a continuing relationship with the University are considered"students".

The term "University official" includes any person employed by the University, performing assigned administrative or professional responsibilities.

The term "member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University.

The term "judicial body" or "hearing officer" means any person or persons authorized by the Director of Residence Life to determine whether a student has violated the Student Code and to recommend imposition of sanctions.

The term "Judicial Advisor" means the University official authorized on a case-by-case basis by the Director of Residence Life to impose sanctions upon students found to have violated the Student Code. The Director of Residence Life may authorize a judicial advisor to serve simultaneously as a judicialadvisor and the sole member or one of the members of a judicial body. Nothing shall prevent the Director of Residence Life from authorizing the same judicial advisor to impose sanctions in all cases.

The term "shall" is used in the imperative sense.

The term "may" is used in the permissive sense.

The term "policy" is defined as the written regulations of the University as found in, but not limited to, the Student Code, Residence Life Handbook, and Graduate/Undergraduate Catalogs.

II. Judicial Authority

The Judicial Advisor shall determine the composition of the judicial bodies and which body and judicial advisor shall be authorized to hear each case.

The Judicial Advisor shall develop policies for the administration of the judicial program and procedural rules for the conduct of hearings that are not inconsistent with the provisions of the Resident Student Code.

Decisions made by a Judicial Body and/or Judicial Advisor shall be final, pending the normal appeal process.

A Judicial Body may be designated as arbiter of disputes within the student community in cases that do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.

III. Proscribed Conduct

Jurisdiction of the University - Generally, University jurisdiction and discipline shall be limited to conduct which occurs on University premises or which adversely affects the University community and/or the pursuit of its objectives, particularly pertaining to the Residence Halls.

Violation of Law and University Discipline

If a student is charged only with an off-campus violation of Federal, State, or Local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University community. In such cases, no sanctionmay be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or "nolo contendere").

University disciplinary proceedings may be instituted against a student charged with a violation of a law that is also a violation of this Student Code; for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceeding off-campus.

When a student is charged by Federal, State or Local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code. However, the University may advise off-campus authorities of the existence of the Student Code and how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual student and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate

IV. Interpretation and Revision

Any questions of interpretation regarding the Student Code shall be referred to the Director of Residence Life or his or her designee for final determination.

The Student Code shall be reviewed every year.

*Adapted from Harnessing the "Spirit of Insubordination":A Model Student Disciplinary Code, Edward N. Stoner II and Kathy L. Cerminara, Journal of College and University Law, Vol.17,No.2) pp 89-121.