University Apartments Conduct Process
This conduct process has been established to respond to incidents involving inappropriate behavior within our community. This process provides educational opportunities that encourage residents to evaluate their own actions, consider their own decision making and acquire new skills to improve their choices in the future.
When it has been reported that there has been an alleged violation of the Housing Regulations or Student Conduct Policies, residents may be subject to the conduct process through Residential Life. In addition, residents may also be subject to University action, including referrals to the Office of Student Conduct.
Tenants are identified as primary lease holders and are responsible for their own actions and the actions of any resident or guest residing in, or visiting their apartment. If the reported incident involves guests or non-tenant residents (e.g., spouses, dependents, etc.) and describes behaviors allegedly in violation of Housing Regulations, the Tenant will receive a Notice of Interview to discuss the alleged behavior.
These conduct procedures are implemented according to guidelines established by The
Regents of the University of California and adhere to due process.
If a student believes that they will require a reasonable accommodation to assist them with this process, the student must contact and register with the Center for Accessible Education (CAE). CAE will provide the University Apartments Residential Life staff with recommended accommodations. The staff will either provide the recommended accommodation or work directly with CAE to discuss alternatives to the recommended accommodation.
- Receipt of Complaint
- Notification and Opportunity to Respond
- Residential Life Student Conduct Hearing
- Appeal Process
- Conduct Forms
In addition to assigned sanctions, the Director of Residential Education or designee may also impose Special Administrative Actions in order to address the immediate needs of a situation. These actions are imposed at the discretion of the administration and may be imposed at any time during the conduct process.
All communications regarding this conduct process will be sent to the Resident’s official University email address, or the email address listed with Housing and Hospitality Services if an official University email account is not issued. It is the responsibility of each Resident to check and respond timely to emails.
Receipt of Complaint
Incident Reports regarding alleged violations of the Housing Regulations or Student Conduct Policies are submitted by Residential Life or University Apartments staff members. Any community member may report an incident by submitting a written account of the incident to a Residential Life staff member. Incident Reports should include a descriptive, detailed, and objective account of the incident and must be submitted within one (1) year following discovery of the incident.
Notification and Opportunity to Respond
Within a reasonable time after receiving an Incident Report, the appropriate Residential Life staff member will review the report to determine if there is sufficient information to proceed with the conduct process and whether it is necessary to refer the report to another university office. In proceeding with the conduct process, the adjudicator will email a Notice of Interview to the Tenant.
The Notification includes the following information:
- The nature of the alleged incident, including the date, location and a brief incident description.
- The University Apartments Regulation(s) which may have been violated.
- That the University Apartments conduct procedures will be followed and that the Tenant should refer to these procedures.
- That the Tenant has five (5) business days from the date appearing on the Notice of Interview to schedule a meeting with the adjudicator.
- If the Tenant fails to schedule and/or complete the Initial Interview a hold will be placed on the Tenant’s records and registration.
- The Tenant may obtain a copy of the Incident Report and any other relevant documents by submitting a written request to email@example.com . Copies of the requested records will be provided within three (3) business days of receipt of the request.
- Should a Tenant choose not to respond to the allegations, a review of the incident may be conducted including a referral to a Residential Life Student Conduct Hearing or the Office of Student Conduct.
The Tenant may choose to acknowledge responsibility for violating the alleged Housing Regulations in lieu of the requirement to meet with an adjudicator. The Tenant will be emailed written notification (Notice of Resolution) of this decision which may include assigned sanctions.
During the Initial Interview the Tenant is informed of the nature of the alleged incident, including the date, location and the incident description, the Housing Regulations allegedly violated, and any additional information related to the incident. During this meeting, the Tenant is provided with an opportunity to explain the incident from their perspective.
If the Tenant acknowledges responsibility for violating Housing Regulations, the resident will be emailed written notification of this decision which may include assigned sanctions.
If the Tenant does not acknowledge responsibility, and if the adjudicator concludes from the available information that there is sufficient information to sustain a finding of responsibility, the case may be referred to a Residential Life Student Conduct Hearing.
If the adjudicator concludes that there is insufficient information to find the Tenant responsible for violating Housing Regulations, the Tenant will be emailed written notification of this decision.
If the Tenant fails to schedule a meeting by the specified date and/or attend the Initial Interview, a hold will be placed on the Tenant’s records and registration. The Tenant will be notified that this hold has been requested. The hold will be removed when the Tenant attends the scheduled meeting. This hold will prevent registering for classes, obtaining transcripts, and accessing various campus services (e.g. Wooden Center and UCLA Library Services).
Should a Tenant choose not to participate in this process, a review of the incident may be conducted without the benefit of the Tenant’s input including a referral to a Residential Life Student Conduct Hearing or the Office of Student Conduct.
Residential Life Student Conduct Hearing
A case may be referred to a Residential Life Student Conduct Hearing when:
- A Tenant does not acknowledge responsibility for alleged violations of Housing Regulations and the adjudicator concludes that there is sufficient information to sustain a finding of responsibility; or
- A Tenant requests to have their case adjudicated via hearing during the Initial Interview; or
- When continued review of the matter is required and Tenant does not respond or otherwise participate in the process.
A Residential Life Student Conduct Hearing is conducted by a Residential Life Hearing Officer and may include participation from designated individuals from the Housing community. All Hearing Officers are trained to review presented information and make decisions based on the balance of probabilities regarding alleged violations of the Housing Regulations.
When a case is referred to a Hearing, the Tenant will be emailed a Notice of Hearing.
The Notice of Hearing will include:
- The nature of the alleged incident, including the date, location, and a brief incident description.
- The University Apartments Housing Regulations which may have been violated.
- The date, time, and location of the Hearing. (Not to occur sooner than five (5) business days from the Notice of Hearing)
- That the Tenant may obtain a copy of the Incident Report and any other relevant documents by submitting a written request. Copies of the requested documents will be provided within three (3) business days of receipt of the request.
- That a decision may be made without the benefit of the Tenant’s input should they choose not to attend the Hearing.
- That the Tenant may acknowledge engaging in behavior which is in violation of the alleged Housing Regulations to the referring adjudicator prior to the Hearing. Upon receipt of acknowledgement by the Tenant, the Hearing will be cancelled and the case will continue to be processed by the referring adjudicator.
- The Tenant is responsible for presenting their information and may choose to be accompanied by an Advisor whose role is intended to support the Tenant, but may not speak on their behalf (refer to Guidelines for Student’s Advisors).
- The Residential Life Hearing Officer is responsible for the secure and orderly operation and administration of the Hearing and has the right to exclude persons from the Hearing if deemed necessary. All procedural questions are subject to the final decision of the Residential Life Hearing Officer.
- If a Tenant does not attend the Hearing, the matter may proceed to decision without their participation.
- The Standard of proof which will be used in hearings is that the University must prove that it is more likely than not that the Tenant committed the misconduct of which they are accused.
- The Residential Life Hearing Officer (with the assistance of the Assistant Director, Student Conduct and Community Standards) will make a single audio recording of the Hearing. Deliberations will not be recorded. This recording shall be the property of the Office of Residential Life and will be maintained by the Assistant Director, Student Conduct and Community Standards (ADSCCS) as long as Residential Life maintains the Tenant conduct records. A Tenant who is considering submitting an appeal to the Hearing decision will, upon request, be granted post-hearing access to review (but not copy) the recording. This access will be provided on the University campus during regular business hours; the recording may not be removed from the premises or reproduced.
- To protect the privacy of persons participating in the conduct process, the Hearing will be closed to spectators, including witnesses. The Tenant must provide notification by emailing firstname.lastname@example.org at least three (3) business days in advance of the Hearing of plans to bring an advisor and/or witnesses. It is the Tenant’s responsibility to notify any witnesses of the date, time, and location of the Hearing. They will not be notified by Residential Life staff.
- All documents upon which a decision will be based shall be made available to the Tenant. The Tenant will have the opportunity to address all information being presented in the Hearing, to present additional information, and to propose questions to be asked of witnesses who appear at the Hearing or about information presented in the Hearing.
- Within five (5) business days after the conclusion of the Hearing, the Resident will be emailed notification of the decision reached by the Residential Life Hearing Officer which may include assigned sanctions.
Prior to the scheduled hearing, Tenants are encouraged to meet with the adjudicator or ADSCCS to present any questions or concerns they may have about the process.
Sanctions may be assigned when it is determined that a resident is responsible for violating the University Apartments Housing Regulations. Assigned sanctions will be outlined in the written decision reached by the adjudicator or the Residential Life Hearing Officer. The context and seriousness of the violation will be considered when determining the appropriate sanction(s).
Sanctions are assigned to provide educational opportunities and interactions to encourage residents to evaluate their own actions, provide education about decision making and give residents the tools and skills to improve their choices in the future.
In addition, assigned sanctions may impact one’s ability to reside in the UCLA Housing Community and/or privileges associated with community membership.
Sanctions for any violation of Housing Regulations may be enhanced where an individual was selected because of the individual’s race, color, national or ethnic origin, citizenship, sex, religion, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications.
In the event that the resident fails to successfully complete the conditions outlined in any sanction, a hold will be placed on the Tenant’s records and registration. The Tenant will be notified that this hold has been requested. The hold will be removed when the Tenant successfully completes the conditions of the assigned sanctions. This hold will prevent registering for classes, obtaining transcripts, and accessing various campus services (e.g. Wooden Center and UCLA Library Services).
Following receipt of the Notice of Resolution, the Tenant 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 completion of the appeal process.
The appeal process exists to review the appropriateness of initial decisions. 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 emailing the ADSCCS at email@example.com. Appeals should include the following information:
- First and Last Name
- Phone number and/or email address
- UCLA ID Number (if applicable)
- Conduct Case Number
- Grounds for Appeal
The appeal must specify one or more of the following grounds:
- That the University Apartments 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 who is usually one level higher than the original source of the decision-making body. 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 Tenant intending to appeal believe they have been given inadequate time to prepare an appeal, a written request for an extension of time may be submitted to the ADSCCS at firstname.lastname@example.org. This request must be submitted in writing within the five (5) business day appeal period and must include a proposed submittal date and a rationale for requesting an extension.
The ADSCCS or designee will email notice of the administrator’s decision within ten (10) business days upon receipt of the written appeal. The decision of the administrator is final.
Special Administrative Actions
The following are special administrative actions which may be taken in addition to and apart from the conduct process.
The Director of Residential Education 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 Housing community members, and/or University property, or poses a continuing threat of disruption or interference to typical community life or functioning of the Housing community.
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:
The Director of Residential Life or designee may require residents to move to another apartment, room, suite, or to move to a residence hall/suite. Reasonable notice under the circumstances shall be given.
INTERIM EXCLUSION AND AREA RESTRICTION
The Director of Residential Education 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.
Such administrative action shall be reviewed and approved by the Chancellor or designee. If the Tenant is a student, the Dean of Students or designee may initiate action. If the Tenant is a staff or faculty member, the Associate Vice Chancellor Human Resources or Vice Chancellor Academic Personnel may initiate action.
CONTRACT/RENTAL AGREEMENT SUSPENSION
The Director of Residential Education, Dean of Students, Associate Vice Chancellor Human Resources, Vice Chancellor Academic Personnel, or designee may prevent re-contract of a resident pending the final determination of an alleged violation(s).
The following forms are commonly needed during the conduct process: