Enforcement and appeal process

Administration and enforcement of residence community standards.

Infractions are dealt with through a variety of mechanisms depending on the severity of the incident. This section attempts to provide the student an example of what the sanction might be for a particular behaviour. This does not limit the possibility of other sanctions being imposed should the situation warrant. All financial costs incurred as a result of breaking a residence regulation will be billed to the account of the student(s) involved. Should students move out of residence prior to being adjudicated for alleged misconduct, Housing Services reserves the right to adjudicate the case or forward cases to the appropriate University departments (i.e. Campus Safety Services and/or the Office of Student Affairs) to have cases investigated/adjudicated.

All sanctions are considered to be in effect once the student(s) has been notified verbally during their conduct meeting. Should a student fail to attend the meeting, a decision will be made and a sanction imposed in their absence. Students will receive an email to their Brock account outlining the infraction and sanctions associated. In cases of suspension or eviction from residence, a written letter confirming the details of the sanction will be sent via the Service Desks. All sanctions are in effect whether or not a student has read their email and/or picked up this written confirmation. Letters must be picked up within one(1) week of notification that the letter is available for pick up.

The following may occur as a consequence of breaking residence rules:

Verbal warnings are used by Residence Life staff (RLS) to indicate to students what standard has been violated and what the consequences are should the behaviour be repeated. Verbal warnings will not be given for Level 3 infractions and are typically only given prior to Fall Reading Week.

The purpose of the written warning is to ensure that students are aware of their own questionable or inappropriate behaviour. A written warning comes in the form of written communication that is given to the student(s) involved in the incident(s). It will indicate the number of points assessed for the infraction(s).

Disciplinary points are assigned in the majority of incidents. Points are accumulated throughout each academic year and are not removed from a student’s disciplinary history until the completion of the academic year. As described in the Infractions section, the points issued for an infraction increase as the level of the infraction increases.

Community and educational sanctions may be used individually or may accompany any number of other sanctions. They may include, but are not limited to: referral to the Substance Choices seminar, educational programming, reflection paper, completion of a quiz, meeting with a campus partner (e.g. Campus Safety Services, Human Rights and Equity Services), and community service to the affected person/group.

Typically, students placed on disciplinary probation are notified via written communication. Disciplinary probation means that the student(s) needs to monitor their behaviour carefully because the next incident of inappropriate conduct may result in suspension or eviction from residence. Disciplinary probation can last for a specific period of time (e.g. one month), until the end of the academic year (April), or until the student in question moves out of residence.

Students who break residence rules and regulations may have some of their privileges suspended. This may include, but is not limited to: removal of speakers or electronic equipment; removal of guest privileges; limited access to residence areas; and restricted dining hall privileges. Housing Services reserves the right to carry the suspension of privileges into the following academic year(s).

As necessary, items that are prohibited in residence may be confiscated by a member of Housing Services staff or Campus Safety Services. In some cases, it is possible for the item to be retrieved at a later date in cooperation with a Residence Life Coordinator. Please see the Confiscated Items procedure for more details.

Students responsible for damages will be charged the cost of replacement or repair. They will be billed directly to their University account. An administrative fee may apply depending on the situation. There may be some benefit to the student(s) in question to come forward as soon as the incident occurs so that an investigation does not have to occur. Students are not permitted to make repairs on their own. Any attempts will be redone by a professional at the students’ expense.

Students may be suspended from residence for a period of time. Students on suspension may not: be within 10 meters (35 feet) of any residence; eat in the residence dining halls; access their residence room; access their mailbox/package locker; or stay with any other residence student in their residence room. This also includes attending any residence sponsored events, either on or off campus. Students in violation of suspension can be charged under the Trespass to Property Act. Students must turn in their keys to the appropriate service desk (including their mailbox key), and sign their loss of privilege paperwork, which will have their student card access removed, prior to their departure or they will be deemed to have not completed their sanction. Any exception must be approved in writing by Housing Services. Students who are charged with trespassing during their suspension may also face further residence sanctions.

Students may be required to relocate to another room in residence, often in a different area of campus in some situations. This will often include restrictions on that student’s ability to return to their previous residence building.

In some cases, a student(s) may be required to vacate residence. The student(s) will also be banned from all other residence buildings. Students in violation of an eviction can be charged under the Trespass to Property Act. When a student(s) presents a threat to any other residence student or the community, they may be required to leave residence immediately. All students evicted from residence automatically receive a ban from residence until the end of the next academic year.

Housing Services reserves the right to deny students admission to residence for the following year. The student(s) will be informed of this decision after they have checked out of residence.

Students on alcohol probation may not: consume alcohol in any residence; possess or have any evidence of possession of alcohol in any residence; come back to any residence after drinking at another location (e.g. an off-campus party, pub or bar); nor have the smell of alcohol on their breath while in any Brock residence. Students caught drinking underage are placed on alcohol probation, which is in effect until a minimum of two weeks have passed after their nineteenth birthday. Students who create a disturbance after or because of drinking, violate rules and regulations after or because of drinking, or demonstrate signs of problem drinking are typically placed on alcohol probation for specific period of time. Students in violation of their alcohol probation may face suspension or eviction from residence. Students on alcohol probation are automatically placed on disciplinary probation for a period of time. Students who misuse alcohol in residence are also required to complete the Substance Choices program offered through Student Health Services.

Students on cannabis probation may not: consume cannabis in any residence; possess or have any evidence of possession of cannabis in any residence; come back to any residence after consuming at another location (e.g. an off-campus party). Students caught consuming underage are placed on Cannabis Probation which is in effect until a minimum of two weeks have passed after their nineteenth birthday. Students who create a disturbance after or because of cannabis consumption, violate rules and regulations after or because of intoxication, or demonstrate signs of substance misuse are typically placed on cannabis probation for a specific time period. Students in violation of their cannabis probation may face suspension or eviction from residence. Students on Cannabis Probation are automatically placed on Disciplinary Probation for a period of time. Students who misuse cannabis in residence are also required to complete the “Substance Choices” seminar offered through Student Health Services.

Communities of students (e.g. a specific floor, unit, house/hall/court/or block) may be billed collectively for damages that occur to the common areas they occupy. This is only done after attempts have been made to find the individual(s) responsible for the damage. This includes, but is not limited to, fire alarm charges, extra cleaning charges, broken fixtures, broken windows, missing or damaged furniture, etc. Collective billing is also applicable to common space inside townhouse units, with common area damages billed to all occupants of that townhouse unit. Collective billing is done on a monthly basis and any charges will show up on a student’s account shortly after the first of the month after the damages have been assessed.

Individuals (students and non-students) may be banned from all Brock University residences. Individuals in violation of a residence ban can be charged under the Trespass to Property Act. Should an individual require access to any of the university offices located in a residence building, they will need to make arrangements with the Manager, Residence Life.

In some cases, students may also be asked to see other people or departments either on or off-campus. Examples of those professionals include: Campus Safety Services, the Niagara Regional Police, staff in the Student Success Centre, the Office of Student Affairs, Ombuds Officer, Human Rights and Equity Office and/or staff in the Student Wellness and Accessibility Centre. Other disciplinary actions may be taken at the discretion of the Manager, Residence Life.

Appeal Process for Sanctions

Students may appeal sanctions given by Head Residents, the Residence Life Coordinator, and/or the Manager of Residence Life. Some infractions may go immediately to the Manager of Residence Life, especially when the safety of an individual or the community is compromised. Decisions made by the Manager of Residence Life may be appealed to the Director of Housing Services. During the appeal process, students must comply with all aspects of an imposed sanction until such time as they are notified in writing of the outcome of their appeal. Students can appeal a decision only once.

Appeal procedure for Sanctions

Students have three (3) business days after receipt of the written decision to submit a formal written appeal of a sanction including the grounds by which they wish to appeal as well as a description of the pertinent information for the appeal. Students may only appeal on the following grounds:

  • Bias and/or unfair treatment, any procedural error, improper investigation, discrimination etc.;
  • The sanction is disproportionate to the infraction;
  • New information has come to light, a new witness, or something not known when the original decision was made.

Appeal of sanctions given by a head resident

The student has three (3) business days to appeal a Head Resident’s decision, in writing, to the Residence Life Coordinator.

Appeal of sanctions given by a Residence Life coordinator

The student has three (3) business days to appeal a decision made by a Residence Life Coordinator, in writing, to the Manager of Residence Life.

Appeal of sanctions given by the Manager of Residence Life

The student has three business (3) days to appeal a decision made by the Manager of Residence Life, in writing, to the Director of Housing Services.

Appeal Procedure for Damages/Charges

1) Charge Responsibility: When reasonable, a member of the Residence Life staff will make an attempt to investigate the damage to determine the individual(s) responsible. Appeals with respect to responsibility for damages/charges should be made following the same procedure as the appeals for sanctions.

2) Charge Amount: Many charges issued within Housing Services are set as annually based on an average from the previous year and are not appealable. Any appeals regarding the amount charged must be made within five(5) business days of the email notification of the charges. Appeals should be made to the Housing Facilities Supervisor, Administration.

Please note: As notification of pending inspections are provided in advance and all students are responsible for shared living areas as noted in the Residence Handbook and the RCS, the associated charges and responsibility are not able to be appealed.

Possible outcomes of appeal (for sanctions and/or damages)

Three(3) options exist for the person(s) hearing the appeal.

They can:

  • Uphold the original decision.
  • Overturn the original decision.
  • Modify the sanction (which could include increasing or decreasing the severity of the original sanction or increasing or decreasing the charges).

Questions?

View the up-to-date contact information for Housing Services.