As a resident of University Housing Services (UHS) at Cal Poly Pomona University, you are expected to respect the rights of others. The UHS Policies and Regulations clearly define behavior, which would be in conflict with this expectation. Given this fact, all residents are expected to abide by the UHS Policies and Regulations as well as the Title V California Code of Regulation, found in the current University catalog.
In the event that a resident is suspected of violating one or more of the UHS Policies and Regulations, an Incident Report will be filed with the Residence Life Coordinator. The Residence Life Coordinator will send a Notice of Incident Review Meeting to the resident’s Cal Poly e-mail address within three business days from the date of the incident and schedule an Incident Review Meeting. This meeting is scheduled based on a resident’s academic schedule.
The Incident Review Meeting is intended to accomplish the following purposes: a) provide an opportunity to discuss the incident in question; b) give the Residence Life Coordinator an understanding of the circumstances within which the incident occurred; c) provide an opportunity to discuss the effect the alleged actions may have had on the community; and d) allow the resident an opportunity to respond to the alleged policy violations or complaint.
Attendance at the Incident Review Meeting is essential. An open discussion of the situation will demonstrate the resident’s commitment to resolve the issue. If the resident does not appear at the Incident Review Meeting, the Residence Life Coordinator will make a note in the resident’s conduct file, and the Residence Life Coordinator will make a decision based on the information available to them and without the resident’s input. It is in the resident’s best interest to attend – even if the resident feels he/she was not involved or responsible for the alleged violations. The resident has 24-hours before the scheduled appointment to reschedule the Incident Review Meeting if needed; rescheduling will only be accepted for academic purposes.
Incident Review Meetings have a standard of proof that is applied which is based on “preponderance of the evidence.” Evidence is not restricted to only that which is admissible under strict rules of evidence of a court of law. The Residence Life Coordinator will look at all the information provided during the Incident Review Meeting and make a decision whether it is “more likely than not” that the student violated policy.
Within five working days after the conclusion of the Incident Review Meeting, the Residence Life Coordinator will either schedule a follow-up meeting or send a copy of the Notice of Decision to the resident’s Cal Poly e-mail address advising him/her:
- Whether the student is found responsible or not responsible for violating one or more UHS Policies and Regulations.
- Of any sanction(s) the student must fulfill, and any applicable deadlines, if found responsible.
In an attempt to further the educational mission of the University and simultaneously hold community members accountable for their actions, UHS has developed a system of sanctioning. If a student is found responsible for violating any UHS Policies and Regulations, a sanction will be imposed. The sanctions are meant to be educational in nature.
Sanctions serve several purposes:
- sanctions provide a framework for behavioral change to assist the resident in learning other ways of conducting himself/herself without violating policies;
- Reinforce to the resident the impropriety of violating Policies and Regulations; c) sanctions help build a stronger community by raising a resident’s awareness of the effect his/her behavior has on others. Sanctions will be outlined in a Notice of Decision.
Violations of several policies in the license agreement may result in eviction from UHS property on the first offense. When a student is found responsible for an evictable policy violation or has been found responsible in numerous incidents, the sanction that they will receive from their Residence Life Coordinator is a Recommendation for Eviction. The student then meets with the Lead Conduct Officer to go over the eviction process, review their license agreement and to evaluate their status as a student in University Housing Services. All residents who, by virtue of their behavior toward themselves or other residents, show an inability to live in a group setting under the policies listed in the license agreement will be asked to leave University Housing Services. They will receive a Notice to Quit, a legal document which bans them from residing in University Housing Services for a prescribed amount of time.
Residents have the right to appeal a decision resulting from an incident review meeting with their Residence Life Coordinator or his/her designee. In order to appeal this decision, appeals must be made as a written request within three (3) business days of the date of this of the date of their Notice of Decision. Approval for an appeal meeting is based on the written request and this written request should address one or more of the following:
- Presentation of new or relevant information that was unavailable at the time of the original Incident Review Meeting;
- The decision about the behavior is unsupported by preponderance of the evidence;
- The Coordinator who conducted the incident Review Meeting was influenced by personal bias;
- The sanction was not appropriate to the offense;
- The Coordinator who conducted the Incident Review Meeting did not follow written procedures as outlined in the conduct process material.
Upon reviewing an appeal case, the Lead Conduct Officer or his/her designee can make a decision based on the written request or they may choose to meet with the resident to obtain additional information. Appeal decisions consist of three options:
- Uphold the original sanction or decision;
- Eliminate or decrease the original sanction or decision;
- Change or increase the original sanction or decision.
Appeals for eviction level cases should be directed to Reyes Luna, Director at firstname.lastname@example.org. All other appeals should be directed to Christine Orgeta, Lead Conduct Officer at email@example.com.
In cases resulting in eviction, residents may be relocated or removed from the halls prior to the completion of the Appeals Process under certain circumstances and at the discretion of the department. Failure to make the appeal within the allotted time period will result in the forfeiture of the right to appeal.
If you have any questions regarding the conduct process, please contact:
Christine Orgeta, Lead Conduct Officer
Interim Coordinator for Residential Education and Leadership
Hours of Operation
Monday – Friday
8:00 a.m. - 5:00 p.m.
University Housing Services
Cal Poly Pomona
3801 West Temple Avenue
Pomona, CA 91768