When an allegation that Community Standards and/or CSU Monterey Bay policies have been violated, Student Housing & Residential Life staff (usually RAs) will be on scene to document what they have observed (or have been told) by writing an Incident Report (IR).

• An Incident Report MUST include the names of all people present during the alleged violation and descriptive details of what was observed (seen, smelled, heard, etc.).
• Students, faculty, administrative staff, visitors and/or guests may write an Incident Report documenting what they have observed – which may or may not constitute an alleged violation of Student Housing & Residential Life Community Standards or university policy. Community members can draft this Incident Report within an email or document attached to an email, then send that documentation to the Conduct Coordinator or Community Director who oversees the area where the incident occurred. (Important Note: the person documenting an incident must be available for follow up questions.)
• Student Housing & Residential Life does not ‘guarantee’ anonymity to individuals who report/document alleged Community Standard violations. Our staff will make every effort not to share individuals’ identities, however, we believe it is important to address issues when they arise regardless of where information originates. This includes our staff documenting conversations with community or non-community members when information comes forward about alleged Community Standard violations.
• In general, students whose behaviors have been documented will be informed that an Incident Report has been created and forwarded to a Community Director. However, this may not always be the case and/or possible.

The Conduct Coordinator or Community Director reviews the Incident Report, determines who allegedly violated what Community Standards and/or university policies.

• In general, the Community Director – Conduct Coordinator will hear a conduct case, but pending availability, the Community Director overseeing the area where alleged violations occurred may serve as the Conduct Meeting Officer. However, Student Housing & Residential Life may assign an incident to another Community Director and/or the University Student Conduct Administrator.

The Conduct Meeting Officer will send student(s) named in the Incident Report a written request for a conduct meeting via each student’s CSUMB email account.

• The Conduct Meeting Officer will provide details as to the date, time, and location of the conduct meeting. In addition, the Conduct Officer may indicate specific allegations of alleged violations that will be discussed.
• Residents may request in writing notice of what Community Standards will be discussed prior to the meeting.
• Students will have at least 48 hours from the date/time of when the email is sent until the conduct meeting.

As email is the official form of communication at CSU Monterey Bay, students are responsible for checking their email daily. Once the notice arrives in a student’s email account, the student is considered to have received notice.

In extreme cases, the referred student(s) may be sent notice that a conduct meeting needs to take place without 48-hour notice.

In extreme circumstances, meeting requests may be hand delivered or sent through the postal service.

RECEIPT OF THIS NOTICE DOES NOT INDICATE RESPONSIBILITY.

• If the referred student(s) has a conflict during the referred time, s/he will have 24-hours in advance of the conduct meeting to schedule an alternate meeting date and/or time. It is the student’s responsibility to provide a minimum of three alternative meeting dates and/or times.
• In all cases, conduct meetings are required appointments. Failure to attend the original meeting, request an alternative meeting, and/or failing to be present for the original or an alternative meeting will result in a decision being made without the benefit of a student’s input.
• When conduct meeting request letters are sent and until the actual, residents are strongly encouraged not to place themselves in situations where they may be allegedly violating additional Community Standards.

It is the student’s responsibility to come prepared to fully discuss the alleged incident and alleged violations of Community Standards. Sincere participation and open, honest communication is critical to the learning objectives of the conduct process.

Students will meet with the Conduct Meeting Officer in a location designated in the conduct meeting request letter.

At this meeting, the Conduct Meeting Officer meets with the student to:

• Discuss the conduct process and role of Community Standards in our community;
• Discuss the facts of the incident(s) from multiple perspectives;
• Determine the student’s level of involvement in the situation;
• Discuss relevant Community Standards in order to determine which, if any, Community Standards have been violated
• Needed, s/he may interview witnesses and/or do other fact finding prior to making a decision.
• Prior conduct history is not considered when determining a student’s level of responsibility in a situation.

If appropriate, the Conduct Meeting Officer will determine the student’s level of responsibility based on all the information available and the preponderance of evidence (what more likely than not occurred in the situation).

• If the Conduct Meeting Officer determines more information is needed, s/he may interview witnesses and/or do other fact finding prior to making a decision.
• Prior conduct history is not considered when determining a student’s responsibility in a situation.

If enough information is available to make a decision, the Conduct Meeting Officer and student may discuss what sanctions are appropriate for the violation(s).

• A conduct sanction is a tool used by Conduct Officers to work with students to help them understand the consequences of their actions. Sanctions could include, but are not limited to, written warnings, educational projects, probation, and removal from CSU Monterey Bay residential facilities (see the next section for a more detailed list of possible sanctions).
• Prior conduct history is taken into account when determining sanctions for new cases.

It is the goal of Student Housing & Residential Life to follow-up after a conduct meeting within seven (7) days, indicating the level to which students are responsible for their behavior in a situation, as well as appropriate sanctions. All students involved in a situation will receive a ‘resolution letter’ from the Conduct Meeting Officer, summarizing the conduct meeting, levels of responsibility, and outline any applicable sanctions. This letter may be sent via email to the student’s CSUMB email account, physical street or permanent address by the USPS, or posted on their door.

When Community Standards are violated, Conduct Meeting Officers may implement educational sanctions as a means of helping students:

• Understand the consequences of their actions
• Understand the impact of their behavior on others
• Take responsibility for their actions

In general, a deadline or end date is affiliated with implemented sanctions, giving students a specific timeline in order to complete all necessary tasks related to those sanctions. Students who do not complete assigned sanctions will be referred through the conduct process again and may see an increase in the severity and or number of sanctions assigned.

Educational sanctions include, but are not limited to:

1. Warning: A verbal or written warning stating that the student has been warned his/her actions or behaviors are not acceptable and subsequent infractions may result in further action.
2. Developmental Sanctions: Developmental sanctions are recommended in combination with any other sanction and provide a beneficial avenue for changing a resident’s behavior and understanding (i.e., on line learning modules, projects, community service, etc.). The goal is to determine appropriate and creative sanctions which facilitate the learning of responsible freedom, consideration for others, and acceptance of the consequences and responsibilities for one’s actions.
3. Loss of Privilege: This includes, but is not limited to; limiting a student’s ability to receive guests, register gatherings, have/gain access to buildings/residential spaces other than their own.
4. Loss of Visitation Rights: A student (or their guests) is no longer permitted to be in any or all of the following spaces; Main Quad residence halls, North Quad Suites and Apartments, or East Campus Apartments. The Conduct Meeting Officer will determine where and for how long a person is unable to have access to a particular space(s). This includes, but is not limited to, common spaces, rooms, hallways, lounges, stairwells, and any other physical spaces associated with these residential facilities, etc. Should a student be found in any of these spaces after removal, s/he will be escorted out and further action may be taken including, but not limited to, referring the matter to the University Police Department and/or the Office of Judicial Affairs and Community Standards. Any restricted persons found in any of the above listed spaces are considered the responsibility of their host, and that resident will be held responsible for the corresponding violation of the Community Standards.
5. Decision Making Workshop: Students often face situations that require them to reflect on their values in order to make sound ethical decisions. This workshop utilizes interactive activities to engage students in dialogue with each other as they learn about how personal experiences, relationships, and the role of leadership influence the decision making process. At its conclusion, participants will have a better understanding of what it means to be interdependent, think critically, and act responsibly. CSU Monterey Bay faculty and staff facilitate this excellent opportunity where students will learn guiding principles and decision making skills that will enhance their abilities to be successful within, and beyond, their higher education experience. This workshop is offered several times a semester and students will need to sign-up for a particular session at least 24-hours in advance.
6. Required Service: Community service is activity specifically detailed by the Conduct Meeting Officer.
7. Student Housing & Residential Life Probation: A documented statement from a Conduct Meeting Officer that a student’s ability to reside in CSU Monterey Bay residential facilities is jeopardized and further violations of Community Standards will likely result in a recommendation that a student’s Housing License Agreement be revoked. Probationary status often includes developmental sanctions.
8. Restitution: The student is required to make payment to CSU Monterey Bay or to other persons, groups, or organizations for damages for which s/he is responsible. This is true whether the action was intentional or an accident. If an act was deemed intentional, other sanctions may also apply. Damage caused in public areas in which there is not a known perpetrator may be charged to all residents in a wing, floor, entire hall/building or apartment. Charges are posted to a student’s CSU Monterey Bay account and failure to make restitution will result in the student’s inability to enroll in classes, maintain a housing assignment, and/or receive official transcripts.
9. Termination of a Housing License Agreement: When a student’s License Agreement is revoked/terminated, that student will have a set amount of time, as determined by the Conduct Meeting Officer, in which to vacate her/his living space. The ability to return to CSU Monterey Bay residential facilities will be determined by the Conduct Meeting Officer. The following also apply:

• The student forfeits any housing-related costs for the academic year, per the terms stated in the Housing License Agreement.
• The student will retain their meal plan, if applicable and desired.
• If further violations of our Community Standards occur, the case will be forwarded to the Office of Judicial Affairs and Community Standards, which may impact the individual’s student status (university probation, suspension, or dismissal; additional educational sanctions; ability to register for classes or receive a transcript, etc.).

East Campus Residents:

• Have either 30 or 60 days to move out of their residence, depending on how long they have lived in Frederick Park housing.
• If found responsible for additional Community Standard violations after their License has been terminated, that case will be forwarded to the Office of Judicial Affairs and Community Standards (see above) and they are subject to a ‘3 Days to Quit’ notice under California Landlord Tenant Law (meaning three days to vacate the premises).
• Failure to move-out by the designated date will result in the immediate institution of legal proceedings against the student by Alliance Residential Company to recover possession of the premises, including, but not limited to, the collection of charges for damages, attorney’s fees, and court costs. Once this process has begun, the student’s credit history will be impacted for up to seven years, which may affect their ability to rent from other landlords.

Students have a right to appeal a decision made by the Conduct Meeting Officer. If students choose to appeal the results of a conduct meeting decision, she/he must submit an application and a written appeal to Student Housing & Residential Life within five university business days from the date this decision is sent by the Conduct Meeting Officer. Conduct meeting decisions may be appealed on the following grounds:

• New relevant information has come forward which was unavailable for presentation at the time of the original conduct conference;
• Specific information to support the allegation that the decision is not consistent with the nature of the policy violation or incident;
• Specific facts to support the allegation that the decision was prejudiced with respect to facts of the conduct case and individuals involved.

Failure to submit a complete appeal within the timeline stated above will result in the forfeiture of the right to appeal. For all Student Housing & Residential Life cases at CSU Monterey Bay, students have one opportunity to appeal a conduct decision. The decision of the Appeals Officer is final.

If appeals meet the guidelines outlined on the Application to Appeal a Conduct Decision, the individual reviewing the appeal will consider all relevant materials, may talk with the person filing the appeal, and will possibly speak with appropriate others. This process is a review of the original conduct meeting and corresponding decisions, not an additional conduct meeting. Appeals Officers consider all applicable information when making decisions, at which point, they may:

• Uphold the original decision and sanction(s)
• Eliminate or decrease the original decision and/or sanction(s)
• Increase the original decision and/or sanction(s)
• Decide to have the case re-heard (either by the original or a different Hearing Officer)

Unless extenuating circumstances exist, students will receive written notification of the status of their appeal via CSUMB email within seven business days.

Records regarding conduct meetings including, but not limited to, incident reports, letters, notes from the conduct meeting, and records of appeals relating to a student will be maintained by the Community Director for the building/area where the students reside or in the Student Housing & Residential Life office. Students have a right to review their Student Housing & Residential Life conduct file by contacting Student Housing & Residential Life at studenthousing@csumb.edu or (831) 582-3378 and setting up an appointment to review their conduct file.

Student Housing & Residential Life maintains student conduct records for five years after students leave CSU Monterey Bay housing. After this time, all conduct records will be destroyed.