Marathon Hall Student Conduct Process
With every right comes responsibility and, as a member of the campus community, you are expected to respect others and follow the rules and policies established by the university community and Marathon Hall. As a resident of Marathon Hall, you have responsibilities that you agreed to when you signed your housing contract. One of these responsibilities is to abide by the policies set forth by the Federal, State and Local Governments, the University, and Marathon Hall. If you are involved in a situation that violates a policy, a Marathon Hall Staff member may approach you about it. At that time, their responsibility is to end whatever behavior is taking place which violates a policy. The staff member is not responsible for assessing your role in the situation, they merely document what is happening and the hall director will determine each student's role in the incident.
- The Marathon Hall student conduct process is NOT equivalent to, does not conform to, and is not comparable to the criminal law process. The Marathon Hall student conduct process is designed, in part, to determine whether an individual is responsible or not responsible for violations of Marathon Hall or University Policies. The technical rules of evidence applicable in civil and criminal cases do not apply to this process nor will the proceedings be bound by the criminal law process. This is a contractual matter between the resident and the Hall.
- The Marathon Hall conduct process relies on the preponderance of evidence when considering whether or not an individual is in violation of a policy. This burden of proof means that it is more likely than not that a policy violation has occurred.
- The Marathon Hall student conduct process does not take the place of the University Conduct process through the Student Affairs Office or the NTC conduct process. The Student Affairs Office, NTC, and Marathon Hall may work together on matters.
- Marathon Hall may address conduct that has occurred on campus, even outside the hall, and off-campus conduct detrimental to the institution.
- Delivery of any written notification regarding student conduct concerns can be delivered either in person, via your official school email account, through your student mailbox, or to your permanent address. It is YOUR responsibility to check these areas on a daily/regular basis. Failure to do so will not be grounds for appeal or dismissal of process.
- Cooperation with staff is important. You can cooperate with staff members by opening the door, talking with them openly and honestly, and complying with their requests. Not doing these things may be considered obstructing a university official. If staff members approach your room for a policy violation, they would like to resolve the situation quickly, and your cooperation will help them do that.
- It is important to note that if a room is uncooperative with hall staff members, the hall director or Wausau Police Department could be called to assist with resolving the situation, and that behavior will be noted in the incident report. It is important to know that when Wausau Police Department Personnel respond to an incident in Marathon Hall, they may issue a citation to those involved.
- When being approached by a staff member, some students become nervous or scared and worry about "getting in trouble." Despite your feelings, it's best to remain calm and be honest with hall staff members about what is happening and who is involved. You can be held responsible for making false statements in a conduct hearing, so it's best to tell the truth from the start.
- As a Marathon Hall student, it's your responsibility to show that you're not in violation of a university policy. For example, if a staff member has reason to believe there is alcohol present in a room, they may ask to look inside a refrigerator, cooler or other space that may store alcohol. You may deny a request to open the refrigerator, but you won't be providing sufficient evidence that you are not in possession of alcohol and may be found in violation. Non-compliance will be taken into consideration when sanctioning is involved.
- It is important that you familiarize yourself with the guest policies. Guests must sign in at the hall's front desk and overnight guests must be registered through the front desk and remain with their host at all times. Do not give a guest (or anyone) your room combination or keys. If a staff member approaches your room for a policy violation and you are hosting guests, it's important that you encourage your guests to cooperate with staff by answering their questions and providing a photo I.D. All guests 16 and older must have a photo ID on them at all times.
- If your guests cannot provide ID, are not properly registered through the front desk, or are being uncooperative with hall staff, the hall director or Wausau Police Personnel may escort your guest(s) from the building. It's also important to note that you will be held responsible for your guests and their actions, so it's best if you explain the basic policies to your guests when they arrive so they know what you expect from them.
- Students are responsible for their room and any behaviors/activities which take place in the room – including the behaviors of your guests. The residents (assigned) of the room do not need to be present, involved, or even aware that an incident has taken place to be considered responsible for violating a policy. Do not give anyone your room combination or building/mailbox keys.
- Marathon Hall believes in shared responsibility. All students in a room or area where a policy is being violated may be held responsible, even if they are not participating. It is your responsibility to leave the area and report the incident to Marathon Hall Staff.
- Many students will post or display information or pictures which are in direct violation of a University or Marathon Hall policy. These postings/displays are subject to disciplinary action and may result in initiation of the Marathon Hall Conduct Process. This includes, but is not limited to, postings on websites, Facebook, Myspace, online messaging, pictures in your rooms, and other sources. Marathon Hall staff will not be actively searching for these type of displays, but will address them when they are brought to their attention.
- While a staff member is always happy to assist in conflicts between roommates and neighbors, individuals are encouraged to discuss issues with others.
- Ultimately, each individual is responsible for his or her own actions and choices.
- Unless responsibility can be established by preponderance of evidence, you have a presumption of not in violation for a policy
- You have the right to a conduct conference being held in a timely manner
- You have the right to review the written report that describes the situation being considered
- You have the right to present evidence/information at your conduct conference
- You have the right to bring witnesses to present evidence/information at your conduct conference
- You have the right to have an advisor, other than an attorney or legal counsel, to provide support and advise you during your conduct conference. Be aware, the advisor cannot speak for you and may be asked to leave if s/he disrupts the process
- You have the right to be notified of the decision
The Conduct Process
- A member of the Marathon Hall Community, University Community, or surrounding community notices a possible violation of a policy and completes an Incident Report or submits a police report or written notification
- If it is a member of the Marathon Hall Staff, the staff member(s) will approach you about the situation, stop the behavior, and request identification.
- The staff member will write an Incident Report documenting the details of what happened- including names of people present, the policies that were possibly violated, and any other relevant information. The staff member will then forward the incident report to the Residence Hall Director (RHD)
- After reviewing the incident report, your Residence Hall Director will decide the best course of action. If the Residence Hall Director determines no conduct conference is necessary, the student may receive a warning. After receiving the warning, the student may request a conduct conference.
- If the Residence Hall Director determines the need to resolve the matter through a conduct conference, you will be notified to schedule a meeting with a judicial officer who will either be the Residence Hall Director, the Assistant Residence Hall Director (ARHD) or the Director of Residence Life (DRL)
- At the conduct conference, the judicial officer will listen to your perspective on the incident and take into consideration other statements from witnesses and other involved students
- After hearing all information and completing his/her investigation into the matter, the Judicial Officer will determine if you are responsible or not responsible for violating a policy or policies. If you are held responsible, your hall director will issue sanctions for being involved in the situation. If you are not responsible, you will receive notification and the process is over, though proper documents and records will be kept as part of your Marathon Hall file
- You may appeal the Residence Hall Director's or the ARHD's decision(s) to the Director of Residence Life (Kristine McCaslin, the professional who supervises the Auxiliary Services, Room 190 South Hall) within in the appeal guidelines described later
- All decisions of the Director of Residence Life are final and may not be appealed, with the exception of dismissal from Marathon Hall – this may be appealed to the Assistant Dean of Student Affairs. All other decisions are final and cannot be appealed
- In some circumstances, the Residence Hall Director may refer cases to the Director of Residence Life. These circumstances include, but are not limited to, very serious policy violations, students with many policy violations already on file, or cases where dismissal from Marathon Hall is a possibility. With the exception of dismissal from Marathon Hall, all decisions by the Director or Residence Life are considered final.
The Appeal Process
- If you sign a behavioral agreement, you are agreeing, without coercion, to comply with certain statements/actions. A behavioral agreement cannot be appealed.
- Students who appeal a decision by the Residence Hall Director or ARHD, must base it upon a violation of due process or discovery of extenuating circumstances. An extenuating circumstance would include new evidence, witnesses, and information that could alter the original decision. This does NOT include evidence, witnesses, or information which was available during the original conduct conference.
- Requesting an appeal does not guarantee an appeal conference will be granted or a new conduct conference will be held.
- Failure to schedule a conduct conference or attend a scheduled conduct conference are not grounds for appeal and will not be considered for granting an appeal or new conduct conference
- A request for an appeal must be made in writing or emailed to the Director of Residence Life within two business days of the date on the decision letter. Information in the Appeal must include reason for appeal as well as contact information.
- The Director of Residence Life will determine if an appeal conference will be held or if the Residence Hall Director will hold a new conduct conference. A new conduct conference or an appeal conference does not guarantee a different outcome will be determined.
- The decision of the Director of Residence Life is considered final and cannot be appealed.
- The only decision of the Director of Residence Life which can be appealed is when a student is permanently dismissed from Marathon Hall as a result of the conduct process. The student has the right to appeal a decision to the Assistant Dean of Student Affairs. The Assistant Dean of Student Affairs decision is considered final and cannot be appealed.
Dismissal from Marathon Hall
Dismissal from Marathon Hall is a very difficult decision that will not be made lightly. The Director of Residence Life or his/her designee, in consultation with necessary personnel, may require an emergency, immediate, or permanent dismissal from Marathon Hall if it is decided the student's continued presence would mean a potential for serious harm to self or others, pose a serious disruption of Marathon Hall sponsored activities or procedures, or constitute a serious harm to the facilities or property of Marathon Hall. The student will be notified in writing that he or she must immediately leave Marathon Hall and schedule a meeting with the Director of Residence Life to determine if the student can return to and/or continue to reside in Marathon Hall. Shelter and meals will be the financial responsibility of the student. The student will need to make his or her own accommodations and will not be reimbursed for any costs nor will the student be credited for time with the contract. In extreme cases Wausau Police Department will be contacted to assist in the removal of the student. Guests/Individuals who affect the well being of Marathon Hall who are not residents of Marathon Hall may be restricted from entering the building and/or dining hall. The decision by the Director of Residence Life will be considered final in situations involving non-contracted individuals and there is no appeal. This includes students of UWMC and NTC who do not live in the hall.
Definitions of Dismissal
- Emergency – will take effect immediately, cannot be appealed, term of length is dependent on the judgment of the Director of Residence Life after careful consideration of all the information, but is not permanent
- Immediate – the resident must leave the hall within 2 hours of notification, cannot be appealed, term of length is dependent on the judgment of the Director of Residence Life after careful consideration of all the information, but is not permanent
- Permanent – The resident is no longer allowed in Marathon Hall, and in some circumstances, may no longer be allowed in the dining hall as well. The student is restricted from entering Marathon Hall for as long as is determined by the Director of Residence Life. There are two types of permanent dismissal
- Administrative/Contractual Permanent Dismissal from Marathon Hall – The Director of Residence Life can choose to contractual remove a student from Marathon Hall. The student will be able to provide rationale, in writing, why he or she should be allowed to continue to live in Marathon Hall. The decision of the Director of Residence Life is final and cannot be appealed. The decision will be made in writing and all financial aspects of the contract will be upheld
- Disciplinary Permanent Dismissal – a student who has entered into the Marathon Hall Conduct Process can be sanctioned to dismissal from Marathon Hall. This is appealable under the conduct process. All financial aspects of the contract will be upheld
The goal of the conduct process is, in part, to be educational, developmental, support the academic mission of UWMC and NTC, and insure safety and respect for all students and facilities. There are many different types of sanctions which can occur for a student found responsible for violating a policy(ies). Here are some examples of sanctions that have been given. Of course, these are examples and other appropriate sanctions are possible.
- Community Service – required performance of service for the hall, community, or other appropriate venue
- Confiscation – confiscation of items which are in violation of Marathon Hall policy and cannot be used in the hall. Some items will be held for 30 calendar days – on the 31st day, we will dispose of as appropriate, some items will not be returned at all (e.g. beer bongs)
- Dismissal from Hall - see above
- Educational sanctions -- examples, Judicial Educator online modules, bulletin boards, hall programs, study hours, etc. The purpose of an educational sanction is to provide further information or raise awareness about a behavior that violates a policy or gives back to the community
- Formal warning or reprimand – a statement which clearly establishes that continued violation of policies will not be tolerated
- Loss of privileges – loss of use of specific facilities, equipment or services for a specified period of time
- Restitution - payment for any damage, clean-up, or replacement costs incurred from the incident that occurred.
- Probation -- a window of opportunity to show you're changing your behavior. Involvement in additional situations that violate policies will be a violation of your probation, which may result in additional sanctions and could also affect your status as a resident in Marathon Hall
The residence hall policies are clearly explained in the Policies Section. If you have questions about any of these policies, please contact your Community Advisor (CA), Assistant Residence Hall Director (ARHD), or Residence Hall Director (RHD) for clarification.