Disciplinary Procedures

The Office of Student Housing Services expects students to maintain standards of personal conduct that are in harmony with the University's educational goals, to observe national, state, and local laws, and to respect the rights, privileges, and property of others. We foster communities that value personal responsibility, respect, and civility.  The housing judicial system exists to ensure education, consultation, and support to our communities regarding due process protections and responding to alleged violations of the University and/or Student Housing Services policies.  With an emphasis on restorative justice, our system also ensures that our residents, communities, and staff are treated equitably, fairly, and efficiently.    

Specific goals of the Student Housing Services judicial system include:

  • Educate our residents on the rights and responsibilities of students
  • As appropriate, consult with faculty, staff, and students on student behavior concerns
  • Conduct disciplinary hearings for students charged with violations of policy
  • Participate in crisis consultation/intervention teams
  • Ensure all staff charged with enforcement or adjudication are properly trained
  • Make educational referrals for students needing support related to substance abuse, psychological issues, anger management, ethical decision-making, domestic violence, and sex offenses
  • Focus on the impact policy violations have on the community as a whole
  • Advocate for fair process
  • Serve as an information and referral service
  • Provide facilitation and mediation

 

Disciplinary Procedures

Student Housing Services staff members, as well as the various governing bodies within the residential complexes, rely on the Community Standards as a guide to help define acceptable behavior on issues related to university and resident property or resident behavior. Residents who violate policies may be held accountable for their behavior. Once an alleged violation of policy is reported, the student(s) alleged to be involved is asked to meet with a Student Housing Services staff member to discuss the incident. During this meeting, the administrator may determine whether an individual intervention, community intervention, or judicial hearing is warranted. Student Housing Services officials may refer cases involving possible violations of the Student Conduct Code to the Office of Judicial Affairs.

 

Disciplinary Process

The primary reason for the Community Standards is to educate our residents about the responsibilities of living in a community. For a resident who chooses to act in a manner that violates these standards, the disciplinary process is designed to discuss the behaviors inconsistent with the Community Standards, to restore the community and the relationships within, and to assist the resident in accepting responsibility for his/her actions and for the consequences of these actions.

The following are the rights of due process that apply to student involved in the conduct process with Student Housing Services:

A. Notification Rights:

1. The student has the right to written notification of the alleged violation(s). Written notification can include notification via e-mail.
2. In most cases, students will be given at least 24 hours notice that a judicial meeting has been called to allow for adequate preparation time.
3. The student must be provided with all rights and responsibilities regarding the judicial process.

B. The Right to a Fair and Impartial Hearing

1. The student has the right to a fair hearing.
2. The student has the right to an impartial hearing officer.

C. Testimony Rights

1. The student has the right to testify on her/his own behalf.
2. The student has the right to provide her/his own documentation or witnesses.
3. The student has the right to remain silent.
4. The student has the right to hear all evidence being used against them.

D. The Right to Notification of Outcome

1. The student has the right to receive notification, in writing, of the outcome of the hearing.

E. The Right to Appeal

1. The student has the right to be made aware of her/his appeal options.
2. The student has the right to request an appeal hearing. An appeal hearing will be granted provided that the student provides evidence that grounds for an appeal exists. Simply disagreeing with the outcome of a judicial proceeding is not considered grounds for an appeal.

F. The Right to Waive Judicial Proceedings:

1. The student has the right to waive the judicial process by accepting responsibility for a policy violation and all associated sanctions. If a student chooses to waive judicial proceedings, they cannot appeal any sanctions assigned, including eviction.

 

The standard of evidence used to determine responsibility for a policy violation is “Preponderance of Evidence.” The preponderance of evidence standard is met when the evidence presented is more likely than not to have occurred or the facts presented are highly probable to have taken place.  Evidence can range from physical evidence to personal statements made by parties involved in or witness to situations or incidents.

It is important to note that the Student Housing and University judicial processes are not legal proceedings, they are administrative proceedings. As such, students may not have lawyers present at any proceeding, and are not entitled to the same level of rights they would be entitled to in a legal proceeding.

 

Incident Report

The disciplinary procedure begins when an incident occurs which may be an alleged violation of University and/or Student Housing Services policies, procedures, or regulations. Student Housing staff will document violations on an Incident Report. Residents involved in alleged incidents, or are witness to any, may request a statement form from hall staff, which will be submitted along with the incident report.

 

Violations of the University of Hawai'i Student Conduct Code

Incidents determined to be alleged violations of the University of Hawaiÿi Student Conduct Code will be forwarded to the Office of Judicial Affairs for adjudication under the procedures of the Student Conduct Code. See www.hawaii.edu/student/conduct for more information regarding Student Conduct Code policies and procedures. In some cases, charges which violate both the policies in the Guide to Campus Living and the Student Conduct Code will be heard by a single hearing officer with the authority to adjudicate policy violations from both the Residence Hall System Contract as well as the Student Conduct Code.

 

Disciplinary Meetings

When a policy violation is alleged, a student will be required to attend a formal hearing. During the hearing, the resident will meet with a Student Housing Services staff member or the Peer Review Board (PRB). If a resident is referred to the PRB, they may request to meet with an individual administrator in lieu of the PRB if they choose.

The resident is required to attend the hearing as scheduled or contact the housing staff a minimum of 12 hours in advance to reschedule it. Should the resident choose not to attend or reschedule the meeting, disciplinary action is taken without the resident’s input. Action will be based on the information available to the adjudicating officer or the PRB. A resident who fails to attend a scheduled judicial proceeding or properly request to reschedule a meeting may not appeal the finding or sanctions assigned by the adjudicating officer, except in cases where the student is evicted from on-campus housing.

Responsibility of the violation will be determined by the preponderance of the evidence, defined as “more likely than not” that a violation occurred. During the hearing, the resident will be presented with the details of the alleged violations. The resident may respond to the allegations and present information and/or evidence relevant to the case.

These meetings may be recorded for documentation purposes. This recording/documentation will remain the property of the University and Student Housing Services. The resident is informed of the decision in the final decision letter.

 

Peer Review Board

The Peer Review Board (PRB) is a student-run panel which meets on a regular basis to hear student conduct cases. It is comprised of students from the residence halls/apartments and is advised by graduate or professional staff. The purpose of the Board is to provide students with an opportunity to have their case heard and decided upon by a group of their peers.

If a case is heard by the Board, the Board will have access to all information which is pertinent to the case. This includes the incident report, supporting documentation (statement forms, etc.), the student’s judicial history and standing (i.e. any violations incurred in the past, previous educational sanctions, current judicial standing, etc.), and notes from the initial meeting with the hearing officer. Please note that as with any judicial proceeding, all information will be kept strictly confidential.

Students wanting more information about PRB, including information about why it might be a suitable option, should speak to a Residence Director.

This page was last updated on June 6, 2012. Edits were made to the due process rights.

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