What happens in the Residence Life Conduct Process?
Click each section below to learn more about each stage, or for helpful tips navigating the stage you’re already at.
The Incident
An Incident is any action by a UO student living in the dorms that violates the Student Conduct Code or the ResLife Community Standards. The incident can occur inside or around the dorms, or, on rare occasions, can occur off-campus but impact the ResLife community.
Incidents are typically reported via Resident Assistants, room checks, Community Directors, campus police or other UO staff.
Because the Student Conduct Code governs students’ behavior wherever they are, there are not jurisdictional concerns related to location; however, a student who is breaking the rules off campus or in a way that doesn’t directly impact the ResLife Community is more likely to be charged via the Conduct Code and SCCS than ResLife.
Incidents are then assessed via the Progressive Educational Response Plan to determine how ResLife will respond under the individual circumstances of the incident.
The Progressive Educational Response Plan
The Progressive Educational Response Plan is the enforcement and response process for Residence Life-specific conduct issues.
It is designed to respond to issues at all levels –low level concerns that don’t present any significant threat to the community, all the way up to high level concerns that threaten the immediate safety of the residents.
It is also designed to be developmentally appropriate. This is many students’ first time living outside their parents’ homes, and they likely have never lived with roommates before. The Educational Response Plan is intended to set standards that aren’t immediately punitive and let students have some space to make mistakes.
Low-level concerns are addressed via Community Standards Conversations, designed to change behavior in the future without applying any sort of punishment.
Mid-level or repeat concerns, especially those that are not also Student Conduct Code violations, are addressed via the Residence Life Resolution process.
High-level concerns or behaviors that haven’t been resolved through the ResLife Resolution process are forwarded to Student Conduct and resolved through the Student Conduct process.
Community Standards Conversations
Case managers have 2 business days to call or contact the student and request they come into their office for a conversation. CMs are supposed to use a student’s class schedule to determine a time that works for both parties.
In the case of Community Standards Conversations, communication often occurs via a phone call, email from the Case Manager outside of Maxient (the case management software that UO uses), or even a text message. ResLife has contact information for students that other UO staff do not have access to.
Ideally, the meeting occurs within 5 business days of the incident.
If the student does not respond to the communication or come in for a conversation, a Potential Violation Letter is sent without a conversation, but the student is encouraged to reach out later.
There are not further consequences for choosing to ignore a Community Standards Conversation.
In a Community Standards Conversation, case managers may ask a student to agree to complete certain educational outcomes to prevent incidents from occurring again.
If a student agrees to an outcome or a “restorative practice” following a Community Standards Conversation, they will have non-mandatory deadlines to complete these assignments, but there are not consequences for failing to complete the outcomes, or for not agreeing to them in the first place.
These conversations are not a reportable part of a student’s conduct history, but may be a factor in future conduct cases; similar incidents will likely result in a ResLife Resolution Process or Conduct case in the future
The Residence Life Resolution Process
Case Managers have 2 business days to send a Residence Life Resolution Notice and schedule a Resolution Meeting, which will ideally occur 3 business days from the date that the Notice is issued.
Students must reach out before the Resolution Meeting occurs to reschedule.
If the student chooses not to reach out or attend the meeting, the case will be decided in default — this means the Case Manager will make a decision whether the student gives input or not, using the information they have available to them. It is a formal part of the standard operating procedures that cases decided in default won’t be overturned if the student chooses to meet with their case manager later.
The Residence Life Resolution Notice will contain the following:
- An incident description including date and location
- The alleged violations of the Residence Life Community Standards
- Case manager name and contact info
- The date, time and access information for the Resolution Meeting
- Information around the Community Standards and the standard operating procedures
In the Resolution Meeting, the case manager will share all the case information with the student. This will include the initial report and any additional information the case manager will use to make their decision.
The case manager is requiredto share case information with the student, but they may redact other students’ identifying information.
The case manager will ask questions regarding the incident and try to determine if the case meets the preponderance of evidence standard. Preponderance of evidence is also called “50% and a feather” or “more likely than not.” A Case Manager does not need to prove that the incident occurred “beyond a shadow of a doubt.” Instead, they need to prove it is “more likely” that the code was violated than that it wasn’t.
If new information is collected after the meeting, the case manager may reach back out to share the information with the student and allow them to respond.
Much like the Student Conduct Process, the student may have a support person and may share witness information.
Aggrevating and Mitigating Factors
Case managers are often looking for other factors beyond just the facts of the case. These are called aggravating and mitigating factors, and help the case manager choose appropriate sanctions and fair outcomes for the unique details of a given case.
Aggravating Factors: Factors that make the incident worse in some way, more impactful for the community or indicate that the student is likely to repeat the behavior
Examples:
- The student has had other, similar conduct cases that show a pattern of behavior
- The student is aggressive or expresses that they will continue to do the same behavior again
- The student has caused direct, specific harm to their peers or community
Mitigating Factors: Factors that indicate that the incident was not as severe, was less impactful or did not cause harm, or that the student is not likely to repeat the behavior
Examples:
- The student has already done actions to repair the harm caused, like apologizing, paying for damages, or attending substance use programs
- The student was facing some sort of undue pressure to commit the behavior, like shoplifting groceries out of desperation
- The behavior does not cause harm to anyone
The Appeals Process - Review of the Decision
Decisions in the ResLife Resolution Process can be appealed via a Review of the Decision within ten business days of the decision letter being sent.
A student seeking help writing an appeal may work with the SAP Attorney, or can get general advice from the Peers if they prefer.
There are five “bases for appeal” that must be included in the appeals document for the appeal to be considered.
The decision-maker will uphold, overturn, or modify the decision, and their decision is considered final.
The Student Conduct Process
If an incident in the dorms is severe enough to rise to the level of a case with Student Conduct, more information is available here.
Know Your Rights in The Dorms
Just like the Student Conduct Code, University Housing has community standards and contract expectations that residents must follow. If you live on-campus, you’re expected to comply with these community standards, conduct policies, and the Student Conduct Code. You can view the full list of community expectations here.
University Housing enforces their community standards and contract expectations through a similar framework as Student Conduct. You are entitled to a Support Person to assist you in the same manner, as well as access to an appeal process if you’re found in violation of a charged offense. Both the SAP Attorney and Peer Advocates provide support on how to navigate this process.
Housing Community standards also require residents to provide University identification when asked to do so by a university official. So, if an RA asks for your UO ID, you must provide this information.
However, Article 1 Section 9 of the Oregon Constitution and the Fourth Amendment of the US Constitution prevent RAs or other university officials from entering and searching your residence hall room without probable cause.
Therefore, if a RA knocks on your door to give you a warning for a noise violation and asks to see your ID, you can exit your room and provide your identification without letting the RA into your room.
But, if an RA smells a cannabis odor or sees alcohol in your room, that is enough probable cause for the RA to enter your room.
If you’re unsure about whether or not an RA is allowed to enter your room, you can ask to speak to the on-call Community Director prior to letting the RA into your room.