Conduct and Sanctions

H1. University of Louisville Code of Student Conduct/Residence Hall Policies & Regulations

The Code of Student Conduct is the University’s policy regarding non-academic discipline of students and student organizations.  Students, including students in the Residence Halls, have the responsibility to follow all regulations outlined in this policy.  The Residence Hall Policies and Regulations are in addition to the policies contained in the Code of Student Conduct, and students in housing may face charges under the Code for behavior in the Residence Halls.  The Code of Student Conduct can be viewed at www.louisville.edu/dos/students/codeofconduct.  The Residence Hall Policies and Regulations can be viewed at www.louisville.edu/housing.

H2. Drug Free Schools and Communities Act of 1989 (DFSCA)

To comply with the Drug Free Schools and Communities Act of 1989 (DFSCA) and subsequent amendments, students and employees of University of Louisville are informed that strictly enforced policies are in place which prohibit the possession, use or distribution of any illicit drugs, including alcohol, on University of Louisville property or as part of any University of Louisville sponsored activity unless specific permission is given for of-age students to consume alcohol moderately.  Students and employees are also subject to all applicable legal sanctions under local, state and federal law for any offenses involving illicit drugs on University of Louisville property or at University of Louisville sponsored activities.  The full policy may be found at http://louisville.edu/dos/students/drug-free-schools-and-communities-act.

University of Louisville affirms that illegal drug use is unlawful and harmful.  The use of illegal drugs and alcohol abuse by students could result in cognitive deficits, loss of productivity, and other health risks, including an increased risk of accidents that may result in death or permanent injury.  Confidential counseling for alcohol and other drug-abuse issues is available to students and employees through the University of Louisville Counseling Center.  Other resources may include assessment, individual counseling, educational programs, materials, and referral and case management through community agencies.

Residents/guests exhibiting signs of excessive alcohol consumption will be transported via Emergency Medical Services (EMS) at the resident/guest’s expense for medical attention.  Refusal to cooperate with EMS personnel may result in arrest by University of Louisville Police or Louisville Metro Police in order to ensure the student’s health and safety and/or a conduct complaint for Public Intoxication and/or Failure to Comply under the Code of Student Conduct.

H3. Family Education Rights and Privacy Act & Parental/Legal Guardian Notification Policy

In order to protect your rights as a resident and University student, On-Campus Housing will maintain electronic records on all disciplinary action.  Access to these records is restricted to the student, to individuals to whom the student has granted access through a properly executed FERPA release, and to University officials who have a legitimate educational interest in reviewing a student’s records.  For further information on the University’s compliance with the Family Education Rights and Privacy Act of 1974, please visit http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

There are exceptions under special circumstances, including the need to protect the health or safety of the student or other individuals and the ability to disclose to parents or legal guardians of a student under the age of twenty-one (21) incidents involving drug and alcohol violations in which the student is found to be responsible.

H4. – H6. Alcohol, Drug & Tobacco Policies

 

H4. Alcohol Policies

Any student found to have committed or to have attempted to commit the following prohibited conduct is subject to the conduct sanctions outlined in section 12 of the Code of Student Conduct and section H12 of this document.

Prohibited conduct includes:

H4a. The possession and/or consumption of alcohol, alcohol paraphernalia, alcohol receptacles, and common sources of alcohol by any individual, regardless of age, in first-year residence halls and residence rooms assigned to residents under the legal drinking age.  First-year residence halls include Miller Hall, Center Hall, Wellness Hall and Unitas Tower.  Alcohol paraphernalia includes items that promote irresponsible drinking and tools used for drinking games, including but not limited to funnels and beer pong tables.  Alcohol receptacles include receptacles that once contained alcohol. Common sources of alcohol include containers used to provide alcohol to multiple persons, including but not limited to kegs and home brewing kits.

H4b. The possession and/or consumption of alcohol by persons of legal drinking age in a residence space where none of the assigned residents are of legal drinking age.

H4c. Possession or consumption of alcohol in common areas. Common areas include any area outside of private living spaces, including but not limited to lounges, laundry rooms, bathrooms, and study areas.

H4d. Participation in or presence during drinking games. Drinking games include any activity which promotes the abuse of alcohol and/or involves duress or encouragement related to the consumption of alcohol. This includes simulated drinking games (e.g. water pong).

H5. Drug Policies

Any student found to have committed or to have attempted to commit the following prohibited conduct is subject to the conduct sanctions outlined in section 12 of the Code of Student Conduct and section H12 of this document.

Prohibited conduct includes:

H5a. The unauthorized distribution, possession, manufacture or use of drug paraphernalia or paraphernalia with illegal-drug (including marijuana) residue is prohibited.  Drug paraphernalia means any device and/or materials for the intended or implied use of controlled substances and illegal drugs, including but not limited to devices and/or materials used to prepare, use, or cover-up the use of drugs.

H5b. The unauthorized distribution, possession, or use of any prescription medication, over-the-counter medication, or any other substance being used in any manner other than its intended purposed which can cause harm.

H6. Tobacco Policy

 

The University of Louisville is a smoke-free campus. Smoking is not permitted throughout the campuses.

 

H7. Fire Safety Policies

Any student found to have committed or to have attempted to commit the following prohibited conduct is subject to the conduct sanctions outlined in section 12 of the Code of Student Conduct and section H12 of this document.

Prohibited conduct includes:

H7a. Failure to evacuate a University building when a fire alarm sounds.

H7b. Improper use or monitoring of microwaves and other approved cooking devices.

H7c. Usage, display or unauthorized hanging of banned cooking utilities, candles, halogen lamps, live-cut trees, incense and other like items  in the residence hall.

H7d. Unauthorized posting, display or attachment of items to a window.

H8. Community Policies

 

Any student found to have committed the following prohibited conduct under the Residence Hall Policies and Regulations is subject to the conduct sanctions outlined in section H12 of this document.

Prohibited conduct includes:

H8a. Failure to follow courtesy (quiet) hours and/or causing noise to be audible by another floor or room within the building or outside.

H8b. Failure to follow visitation hours and failure to follow guest sign-in/out policies.

H8c. Failure to follow the guest escort policies.

H8d. Illegal Occupancy and Cohabitation.

H8e. Report of a first, second or third lockout.

H8f. Excessive lockouts beyond the third lockout.

H8g. Violation of room personalization guidelines and/or misuse of furniture and/or appliances.

H8h. Unauthorized sign posting.

H8i. Violation of visitation policies.

H8j. Violation of the pet policy.

H8k. Unsanitary room.

H8l. Possession or storage of any CO2 and/or spring propelled guns.

H9. Housing Conduct Procedures

 

H9a. Interpretation

The On-Campus Housing Conduct and Sanctions and the Policies and Procedures are set forth in writing in order to give residents and prospective residents general notice of conduct that is prohibited in housing.  The information presented in these two documents should be read broadly and is not designed to define misconduct in exhaustive terms.  The Director of Housing or his/her designee has the final authority in defining and interpreting the Policies and Procedures and the conduct procedures.  On-Campus Housing reserves the right to amend the Policies and Procedures and the Conduct and Sanctions at any time.  Residents will be advised promptly of such changes and/or additions through electronic communication.

H9b. Administration

On-Campus Housing is responsible for the administration of the On-Campus Housing Policies and Procedures as well as the Code of Student Conduct.  If an incident occurs in housing, the student will be referred to the Director of Housing or his/her designee.  On-Campus Housing will consult with the Dean of Students Office to determine when an incident that occurred in housing should be resolved by the Dean of Students Office.

H9c. Discipline Procedures

Anyone wishing to report an alleged incident occurring in housing may do so by submitting a report in writing to the Dean of Students Office, On-Campus Housing Office, a Resident Assistant or a Hall Director.  The Director of Housing or his/her designee will determine whether any action should be taken in response to the report.

If it is determined that action should be taken, the accused student will be notified in writing, via student e-mail, of the charges.  The written notice will include the date, time, and place of the conduct meeting.  A conduct meeting is held between the accused student and the Director of Housing or designee.  It is a meeting designed to provide the accused student an opportunity to give his or her account of the incident in question, to think critically and reflect on the behavior and decisions that led to this situation, and to discuss alternative options for the future.  If the housing representative determines, using a preponderance of the information standard of proof, that there has been a Code of Student Conduct violation and/or Housing Policies and Procedures violation, a sanction can be imposed during or after the meeting.  If the accused student fails to appear at a conduct meeting, the meeting may be held in their absence, with determination of violation(s) and sanction(s) being imposed.

 

H10. Housing Conduct Sanctions

If it is determined at the Housing Conduct Meeting that the accused student has committed conduct prohibited under the Code of Student Conduct or the On-Campus Housing Policies and Procedures, the Director of Housing or designee will impose an appropriate sanction(s) which may include, but is not limited to the following:

 

H10a. Alcohol Sanctions

A partial list of University of Louisville Housing and Residence Life sanctions for violations of alcohol Policies is listed below.  Sanctions are dependent upon a number of factors and are determined on a case by case basis.  The sanctions listed are not comprehensive and other sanctions may be assigned for violations.

First Offense:

  • Participation in an online alcohol program;
  • Authorship of a research/reflection paper;
  • Notification of parents/guardians;
  • Probation;
  • Relocation or removal from housing;
  • Reprimand through the Dean of Students Office and Student Code of Conduct;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

Second Offense:

  • Mandated substance abuse assessment, such as BASICS, at the student’s expense, by an approved agency and required compliance with the assessing counselor’s evaluation;
  • Authorship of a research/reflection paper;
  • Notification of parents/guardians;
  • Probation;
  • Relocation or removal from housing;
  • Reprimand through the Dean of Students Office and Student Code of Conduct;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

Third Offense:

  • Referral to the Dean of Students Office.

H10b. Drug Policy Sanctions

A partial list of University of Louisville Housing and Residence Life sanctions for violations of drug Policies is listed below.  Sanctions are dependent upon a number of factors including, but not limited to: hearing officer discretion, the nature and severity of the incident, a student’s conduct history and a student’s cooperation throughout the conduct process.  The sanctions listed are not comprehensive and other sanctions may be assigned for violations.

First Offense:

  • Participation in a drug education activity;
  • Authorship of a research/reflection paper;
  • Notification of parents/guardians;
  • Probation;
  • Relocation or removal from housing;
  • Reprimand through the Dean of Students Office and Student Code of Conduct;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

Second Offense:

  • Drug Intake Counseling;
  • Notification of parents/guardians;
  • Removal from housing;
  • Reprimand through the Dean of Students Office and Student Code of Conduct;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

Third Offense:

  • Referral to the Dean of Students Office.

 

H10c. Fire Safety Sanctions

A partial list of University of Louisville Housing and Residence Life sanctions for violations of Fire Safety Policies is listed below.  Sanctions are dependent upon a number of factors including, but not limited to: hearing officer discretion, the nature and severity of the incident, a student’s conduct history and a student’s cooperation throughout the conduct process.  The sanctions listed are not comprehensive and other sanctions may be assigned for violations.

First Offense:

  • Participation in a fire safety education course;
  • Authorship of a research/reflection paper;
  • Restitution of any costs associated with tampering and/or damaging fire safety equipment;
  • Probation;
  • Relocation or removal from housing;
  • Possible referral to the Dean of Students Office;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

Second Offense:

  • Participation in a fire safety education course;
  • Removal from housing;
  • Possible referral to the Dean of Students Office;
  • Other sanctions as determined by the Area Coordinator for Student Rights & Responsibilities (or designee).

H10d. Community Policies Sanctions

A partial list of University of Louisville Housing and Residence Life sanctions for violations of Community Policies is listed below.  Sanctions are dependent upon a number of factors and are determined on a case by case basis. The sanctions listed are not comprehensive and other sanctions may be assigned for violations.

  • Reprimand: Notice of violation of specified regulations and warning that further such conduct may result in a more severe disciplinary action.
  • Housing Restrictions: Limiting of certain privileges on the individual involved in the prohibited conduct for a designated period of time including, but not limited to, loss of visitation privileges.
  • Housing Probation: Imposition of conditions or restrictions on the individual with warning of more severe action if further infractions occur (or if probation is violated).
  • Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  • Discretionary Sanctions: Counseling, authorship of a research/reflection paper, creation of a program, creation of a bulletin board, assignments essays, service requirements, educational assignments, or other related discretionary assignments.
  • On-Campus Housing Temporary Removal: Separation of the student from University housing. Conditions for readmission may be specified.
  • On-Campus Housing Permanent Removal: Permanent separation of the student from University housing.

More than one of the sanctions listed above may be imposed for any single violation.
When a violation of this Code is determined to be motivated by intolerance based on race, ethnicity, age, religion, gender, sexual orientation, disability, or national origin, the sanction(s) imposed may be increased in severity.