5. Violations and Sanctions 2019 – 2020
A violation is any unacceptable conduct, action or neglect that violates the RCLS, Student Resident Agreement or the Institutions’ policies. Violations are described and classified based on three levels of increasing severity. Sanctions are the consequences for violations, which are described in detail in subsequent sections of the RCLS. At each level of offense and/or after repeated violations the severity of the sanctions will increase.
Level 1 Violations
Actions that interfere with the rights of another individual or community to the peaceful use and enjoyment of their space in Residence.
Normal Point Range: 1-3
Level 2 Violations
Actions that create a significant nuisance and/or disturbance to an individual or community and/or repeated level one violations.
Normal Point Range: 2-5
Level 3 Violations
Actions that endanger the safety and security of an individual; significantly compromise or damage personal or Residence/the Institutions’ property; attack the dignity/integrity of an individual; contravene the laws of the land; and/or repeated level two violations. Any Level 3 Offense may warrant an eviction.
Normal Point Range: 4-9
The Point System
The point system is designed to help define the seriousness of specific behaviours and to track the frequency and severity of a student’s RCLS violations. All violations are associated with points ranging from a value of 1 through 9. All violations have a minimum value of one point. The assigned number of points will depend upon the type of incident and/or its severity. In complex situations where multiple violations occur in the same incident, points will typically be assigned based on the most serious single violation of the RCLS.
Points remain on record until August 15 of each year, or as stipulated upon eviction. After a Resident has been found responsible for a violation, the Resident may be responsible for educational, restorative, or punitive sanctions. Points are assigned for each incident based on the table below. Points are used in determining the sanctions appropriate for a resident, given their cumulative conduct record, as outlined in the “Sanctions” section below. During sanctioning, decision makers consider a resident’s total points, including those assigned for the current violation.
|Tier||Points Accumulated||Typical Sanction Examples|
|I||1 - 3||Warning, Community Service, Educational, Fine, Loss of Privileges, Restitution|
|II||4 - 8||All Tier I Sanctions, Communication Ban, Transfer/Relocation, Behavioural Contract, Residence Probation|
|III||9 +||All Tier I, and II Sanctions, Eviction, Recommendation of Charges of non-Academic Misconduct|
The violations listed in the RCLS summarize policies stated in the Student Residence Agreement (SRA) and are found to be consistent with the Institutions’ policies and values. Where applicable, reference is made to these policies.
|Level of Incident||Points Typically Assigned|
|LEVEL 1||1 - 3|
|LEVEL 2||2 - 5|
|LEVEL 3||4 - 9|
Note: Residents or other community members who wish to campaign or advertise activities associated with the Residence or the Institutions are required to speak with a Residence Staff member to seek permission to do so.
- Displays in windows or other prominent places promoting alcohol, illegal substances, pornography, or other inappropriate activities or messages.
- Unauthorized advertising, soliciting, promoting, or selling of products, events and services in Residence.
- Unauthorized campaigning in Residence.
Note: Alcohol is only permitted to be consumed in individual residence rooms/suite. The legal drinking age in Ontario is 19 years.
- Attending Residence Orientation under the influence of alcohol.
- Open alcohol, where prohibited.
- Possession of single serving glass containers (i.e. beer bottles, coolers).
- Possession of drinking and/or drinking game paraphernalia, including but not limited to funnels, beer bongs, beer pong kits or tables, etc.
- Possession of alcohol beverages with more than 40% concentration of alcohol (by volume).
- Possession of large volume ‘common source’ alcohol containers. Large volume alcohol containers are defined as: (A) a container that holds more than 550mL of beer, malt liquor, cider, coolers or pre-mixed cocktails or (B) a container that holds more than 1.18L (40 ounces) of any type of alcohol other than beer such as wine, liquor, or cocktail mixes. Examples of large volume ‘common source’ alcohol containers include King cans, Quart Bottles, Kegs, Mini kegs, 60ozs and Texas Mickeys.
- Consumption or possession of alcohol by residents or guests under the legal drinking age or those on alcohol probation.
- Drinking games or promotion of a social function, activity or contest in which the consumption of beverages is either the primary focus or used as a penalty, typically in response to a specified cue or prompt.
- Imposing the physical effects of intoxication on the Residence Community, for example vomiting, passing out, aggressive or significantly disruptive behaviour, or needing medical assistance.
- Making or selling alcohol in Residence.
- Purchasing or supplying persons under the legal drinking age with alcohol.
- Influencing, forcing and/or promoting the consumption of alcohol by a resident and/or guest on another.
In Ontario, a person must be 19 years of age to legally purchase or consume cannabis. As per the Canadian legislation, cannabis cannot be consumed in public, including on residence or campus grounds. The Residence building is a smoke-free environment where smoke or combustion in any form are prohibited (including smoking and vaping). Residents who are in possession of cannabis must store their cannabis in a sealed container.
Note: Students who require accommodations for possession and/or use of medical cannabis that may contradict Residence policies must submit a formal request to Residence Management prior to acquiring/using medical cannabis in residence.
- Careless or unsafe storage of cannabis or cannabis products that causes or has the potential to cause harm or disturbance to the community, (e.g., excessive odour, mold, etc.).
- Consumption of cannabis or cannabis products in unauthorized areas (e.g., lounges, hallways, common spaces, etc.).
- Attending Residence Orientation under the influence of cannabis.
- Smoking, vaping, or producing the odour of cannabis in Residence or on Residence grounds.
- Growing cannabis and/or producing cannabis substances in Residence (e.g., edibles, hash oil, etc.).
- Possession of more than 30 grams of dried cannabis (one ounce) or equivalent, in Residence.
- Imposing the physical effects of intoxication on the Residence community.
- Influencing, forcing and/or promoting the consumption of cannabis by a resident and/or guest on another.
- Consumption or possession of cannabis by Residents and guests under the legal age, or those on cannabis probation.
- Purchasing for, or supplying persons with, cannabis or cannabis substances whom are under the legal age.
- Consumption games or promotion of a social function, activity or contest in which the consumption of cannabis is either the primary focus or used as a penalty, typically in response to a specified cue or prompt.
- Possession with the intent to sell, and/or selling cannabis or cannabis substances in Residence.
- Failure to keep Room/common areas in a clean and sanitary condition after use. Improper disposal of refuse, including leaving garbage bags outside of your unit/suite/room or outside of designated garbage areas.
- Collection of empty containers, bottles or cans that is judged by Residence Staff, for sanitary reasons, to be beyond recycling purposes.
- Failure to (follow disposal instructions of) dispose of recycling, garbage and/or organics appropriately; including, but not limited to leaving garbage/recycling bags, leaving items on compactor floor, bagging organics with a non-organic bag, failure to break down cardboard, failure to separate recycling/garbage/organics into their designated dispoal areas.
- Marking any surface through action or neglect, that is not deemed normal wear and tear.
- Behaviour that causes, or has the potential to cause moderate damage through actions, carelessness, or negligence.
- Failure to keep your furniture, fixtures and appliances in a good state of repair.
- Damage to, or alteration of Residence Community Resources such as bulletin boards, posters, decorations, etc.
- Behaviour that causes, or has the potential to cause significant damage through action, carelessness or negligence.
- Willful damage, vandalism or graffiti or neglect that leads to serious damage to the residence, the Institutions’ or private property.
- Throwing, dropping, kicking or knocking objects in, from, or at residence buildings, windows, or stairwells, whether intentional or unintentional.
- Participating in physically-active games or sports inside Residence or within the Residence grounds which could disturb residents, staff or the surrounding community or cause damage to facilities or personal injuries.
- Creating or permitting behaviour in Residence which is a nuisance or annoyance to Residents, Residence Staff, the surrounding community, or to the supplier of services authorized by Residence or the Institutions. This includes pranks/raids or similar actions that could be damaging to personal, Residence or the Institutions’ property or reputation.
- Removal of furniture, appliances, window screens or other fixtures from assigned rooms/units or common spaces and placing them elsewhere.
- Alteration, renovation or removal of Rooms, furniture, or equipment.
- Installation of unauthorized furnishings, equipment or devices. This includes internet, phone, and cable.
- Failure to keep access clear to electrical panel, heating unit and maintenance access.
- Propping open a fire door, which includes room/suite/unit doors. This may include using the deadbolt or another item to prevent it from locking and/or to hold the door open.
- Possession or use of candles, incense, lava lamps, open coil hot plates, flame cooking devices, indoor barbeques, deep fryers and the like. Cooking devices without an automatic shutdown are not allowed in residence.
- Covering or removing smoke and/or heat detectors.
- Blocking hallways, stairwells, exits and access to fire safety equipment.
- Leaving food unattended while cooking.
- Shallow/deep frying is not permitted.
- Possession or use of explosive or flammable material (e.g., firecrackers, fireworks and barbecue propane tanks).
- Discharging, tampering with, covering or operating any fire prevention or detection equipment for any purpose other than the control of a fire.
- Actions or neglect that leads to a fire, and/or the activation of the building fire alarm system.
- A guest is any person who is invited to, accompanied on, accepted or admitted to the residence property where they do not currently reside.
- Residents must sign in their guests at the front desk before they enter the Residence.
- The guest must leave one piece of photo identification with the front desk. A health card is not a valid form of identification.
- No visitors will be granted access into the Residence after 2:00am.
- Residents may sign-in up to two (2) guests at a time.
- While each guest is in the Residence, the Resident must remain in the company of the guest at all times until the guest is signed out.
- The guest must sign-out and collect photo identification with the front desk each time they leave residence property, regardless of the length of time spent off property.
- Residents are permitted to have up to a maximum of two (2) consecutive overnight guests and no more than ten (10) overnight guests in any one (1) given month.
- Guests should not in any way interfere with the rights of a roommate or other Resident to privacy, access, sleep or study at any time or anywhere within the Residence.
- Failure to be present does not mitigate or relieve the resident’s responsibility for their guest’s behaviour. Residents are responsible for their guest’s behaviour whether they participated in, condoned or were aware of that guest’s behaviour or not. The specific sanction(s) will be determined by the list of possible sanctions for the offense(s) committed by the guest.
- The Residence requires any guests 16 years or younger visiting the Residence without a parent/guardian to have a signed form of consent from their parent/guardian. This form will also include contact information for the parent/guardian. The Residence reserves the right to call a parent/guardian in the event of a medical emergency or due to behavioural conduct.
- The Residence Manager or the Institution may deny guests entrance into a residence building at any time when their conduct is not in alignment with the Residence Community Living Standards.
- A guest who remains in residence beyond 2:00 am is considered an overnight guest.
- Requests for exceptions to the Guests and Visitors Policy may be submitted to Residence Management prior to the arrival of the guest.
- Failure to sign-in/sign-out Guests at the front desk.
- Failure of Resident to be with their Guest at all times in Residence.
- Permitting a guest to stay over the limit of two (2) nights consecutively or ten nights (10) in any given month (1) without approval from management.
- Hosting a Guest during DC/UOIT/Trent’s Orientation Week or when Exam Quiet Hours are in effect.
- Living or permitting someone else to live in a room/unit without an approved assignment from Residence
- Hosting a guest who violates the RCLS. All residents are responsible for the actions and behaviours of guests signed in with them, at all times, while in the Residence.
- Hosting a guest who has been issued a trespass, or similar notice restricting them from the Residence property.
Note: Every individual has a right to a safe, respectful environment that is free from attacks on their dignity/integrity. Harassment is defined as any attention or conduct (oral, written, graphic, electronic or physical) by an individual or group who knows, or ought to reasonably know, that such attention or conduct is unwelcome, unwanted, offensive or intimidating. Bullying and hazing will be considered harassment under this policy. Discrimination is any behaviour that is based in or leads to unjust or prejudiced treatment of persons of things, often on the grounds of sex, race, religion, age, gender/gender identity, etc. This includes but is not limited to: making stereotypical assumptions based on a person’s presumed traits, excluding persons, denying benefits to someone or imposing burdens upon them.
LEVEL 2 and/or LEVEL 3
- Failure to abide by the Durham College/UOIT/Trent Code of Conduct or related legislation or policies which defines harassment and discrimination.
- Any conduct that could be deemed as bullying, including cyber bullying, or bullying on social media be it via a group or an individual
- Any statement, action, or display that could be deemed as inappropriate or derogatory towards an individual or a group
Note: Any observations about the behaviour, speech, odours or physical surroundings of an individual that cause suspicion of illegal activity will be investigated and/or reported. Under the principles of the Standard of Proof, repeated suspicious behaviour pertaining to illegal activities may result in the Residence applying the full measures of discipline outlined below.
- Attending Residence Orientation, or other residence events, under the influence of illegal substances.
- Possession of paraphernalia associated with the use of illegal substances.
- Using or being under the influence of an illegal or non-prescribed substance in residence.
- Imposing the physical effects of intoxication from illegal substances on the Residence community.
- Illegally possessing, using, making, or selling an illegal or un-prescribed substance in Residence.Possession or use of medication for purposes other than those for which they were prescribed.
- Any behaviour or activities that contravene the laws of the land.
Consideration Hours are in effect 24 hours a day, 7 days a week. Noise levels at any time should not detract from any resident’s ability to pursue academic endeavours or to enjoy a peaceful living environment. An individual’s right to reasonable quiet supersedes another’s right to make noise. The following items are prohibited: large musical instruments (i.e. drum sets), surround sound systems or noise producing devices such as subwoofers and PA systems.
Quiet Hours are observed in Residence: Sunday to Thursday: 11:00pm – 8:00am; Friday and Saturday evenings: 1:00am – 8:00am.
Exam Quiet Hours begin 1 week prior to the exam start dates in both December and April. Quiet Hours are extended to 23 hours a day. Residence will define a Relaxed Hour during the evening when programming by Residence Staff may occur.
Residence Management reserves the ability to alter quiet hours at any time to suit the needs of the community.
As a general rule, noise from your room/unit that is audible outside your room, including in hallways, common areas, neighbouring units or buildings, will be addressed by Residence Staff during quiet hours.
- Non-compliance with Consideration Hours or Quiet Hours.
- Possession of large musical instruments.
- Use of musical instruments or sound equipment.
- Non-compliance with Exam Quiet Hours.
- Excessive noise that interferes with the academic work of Residents and/or significantly disturbs the Residence community and/or our neighbouring communities.
- Keeping any animal or pet in residence, with the exception of fish in one small aquarium, no larger than 3 gallons.
- Failure to respond to the written or verbal direction of Residence or the Institutions’ Staff.
- Demonstrated lack of respect, civility, courtesy or cooperation with a member of the residence community, including residents, visitors, residence staff, and the Institutions’ Staff.
- Failure to provide identification, or providing false identification when asked from a residence or the Institutions’ Staff.
- Providing a false report of an incident or impeding an investigation.
- Unauthorized entry into restricted areas of Residence, including rooftops, basements, utility rooms, offices, etc.
- Entry into another Residents Room without the consent of that Resident.
- Improper use of an emergency exit.
- Footwear must be used within all Interior and exterior common areas of the Residence.
- Covering, tampering with, or removing the PA system.
- Permitting entry of any individual (resident, non-resident or other) into Residence, either by opening a door or giving Residence keys or swipe cards to that individual.
- Overloading or tampering with electrical systems.
- Unsafe storage, disposal and/or use of prescribed medication and related medical devices such as needles, prescription drugs, and pill bottles.
- Tampering with video surveillance equipment or systems.
- Failure to evacuate during an alarm.
- Careless driving on Residence grounds.
- Actions, carelessness or neglect that causes an elevator to stall and/or require repair.
Sexual Violence is a broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms against another person without their consent. This includes but is not limited to sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
Note: The Institution’s student code of conduct and other policies regarding sexual violence will take precedence over the Residence Community Living Standards.
- Any behaviour deemed to be a sexual violence.
This is a smoke-free campus. Smoking is prohibited on all campus grounds, including in the Residence and on Residence grounds
- Smoking in residence is not permitted, including but not limited to the use of e-cigarettes, hookahs and vaporizers.
- Possession of large smoking paraphernalia (e.g., bongs, hookahs, etc.) more than one foot in height. a) Smoking on Residence or campus grounds.
- Failure to abide by the Institutions’ technology and internet policies.
- Installing/use of a personal internet router.
- Interference with the technology of the Residence, the Institution or another Resident.
- Copyright infringement (i.e. illegally downloading music, movies or other media using the Residence internet connection).
Note: All organized events, activities or gatherings that have the potential to cause a disturbance must be approved by Residence Management to ensure compliance with fire safety, noise and other applicable policies. Residence Management will not approve any event that involves or is presumed to involve the use of alcohol or other substances.
Note 2: Maximum capacity of a residence room is defined as the number of residents that live in the room plus two additional people each.
- Any gathering over the maximum capacity of a residence room.
- Any organized event, activity or gathering that has not gained the approval of Residence Management.
Theft refers to the act of taking another person’s property in residence without their permission.
Note: Only Refrigeration appliance supplied with the Room are to be used. No others, including mini fridges, are to be brought into the Room. Irons, toaster ovens, coffee makers, electric kettles protected by an automatic “shut off” may be used. In order for appliances to be approved for use in the Residence, they must bear a visible serial number and a CSA or RL identification tag.
- Possession of equipment, keys, appliances or furnishings not authorized by the Residence or the Institutions.
- Theft or possession of stolen property.
Note: Violent or aggressive behaviour of any kind is not permitted in residence. This includes behaviour such as physical force potentially causing hurt or damage to someone/something, and/or behaviour that threatens another member of the community. Violence and aggression includes but is not limited to physical or verbal acts.
Note 2: Violence is not tolerated in residence and as a result any offenses of this nature will have serious consequences.
- Any communication or behaviour that is perceived as offensive, abusive, unwanted, aggressive or threatening.
- Any behaviour (consensual or not) that causes or has the potential/intent to cause physical or emotional harm. These behaviours include, but are not limited to: hitting, punching, slapping, kicking, pushing, pulling, bullying, stalking, fighting, intimidation, retaliation and threats of violence.
- Any behaviour deemed to be a physical assault.
Note: A weapon is defined as any device that is designed for (or could be used for) the purpose to intimidate, threaten, harm or kill. Examples of weapons include and are not limited to: handguns, rifles, air guns, pellet guns, paintball guns, BB guns, crossbows, swords, hunting knives, fishing knives, martial arts weapons, brass knuckles, replica weapons, or any other prohibited device as defined in the Criminal Code of Canada. Ammunition is defined by any replica or real materials fired, scattered, dropped, detonated from any weapon. This includes live and dead bullets, arrows, gernades, etc. Ammunition and replica ammunition are also prohibited in residence.
- Possession, storage, use or threatened use of a weapon and/or replica weapons.
Sanctions are consequences for behaviour that violates the RCLS, Student Residence Agreement, or Institutions’ policies. These sanctions are explained in detail, including any relevant deadlines or payment information in a Decision Letter written by Residence Staff. Sanctions are intended to be primarily educational and restorative in nature. Sanctions may be used independently or in combination for any single violation. Repeated and/or multiple violations shall increase the severity of sanctions applied, as determined by a resident’s point total. In most circumstances, the following range of sanctions may be assigned to residents at each tier of cumulative point totals.
Tier I – Residents with 1-3 Total Points
- Warnings – a verbal or written caution that continuation or repetition of the offending behaviour will constitute more serious sanctions in the future.
- Community Service – tasks or roles assigned as sanctions, which contribute positively to the reputation, welfare or condition of the Residence or surrounding community.
- Disposal/Removal of Items – removal of items from the Residence that violate the Residence Community Living Standards.
- Educational Sanctions – tasks assigned as a sanction designed to promote learning and development.
- Fines – a sanction applied to a Resident whereby they are required to pay a monetary fee.
- Loss of Privileges – a sanction that places restrictions on certain privileges of the Resident.
- Restitution – payment for damage or loss experienced by the Institutions, Residence, Residents, Guests or others.
Tier II – Residents with 4-8 Total Points
- All Tier I Sanctions.
- Communication Ban – a sanction that limits the privilege of a Resident to communicate freely with another Resident.
- Transfer/Relocation – a sanction that will reassign accommodation either within the Residence Complex or to a location off campus
- Persona non grata (PNG) or Trespass Notice – a sanction given to an individual who is denied the privilege to enter Residence. The PNG individual is also prohibited from attending any residence events which occur outside of the building. A copy of the PNG letter is filed with Campus Security. A PNG individual found or seen in residence at any time will be reported to Campus Security and may be subject to further sanctions under Residence or the Institutions policies.
- Denial of Readmission to Residence – a sanction given to a Resident who will not be permitted to live in residence in the future.
- Residence Probation – a sanction applied as a deterrent against future violations. Any future violations of the RCLS of any kind may result in eviction.
- Behavioural Contract – a signed contract between a Resident and Residence Management addressing behaviour that may or may not be covered by the RCLS, to comply with conditions of conduct and to refrain from specified conduct as detailed in the Behavioural Contract. Violations of the terms a behavioural contract may lead to eviction.
Tier III – Residents with 9+ points
- All Tier I and II Sanctions.
- Eviction – termination of the Resident’s Student Residence Agreement (contract) with the Residence.
- Recommendation for charges of non-academic Misconduct – a sanction where Residence Staff make a formal recommendation to the Institutions to investigate and/or charge the Resident with non-academic misconduct.
Primary and Secondary Contacts
Every resident is required to identify two people as their Primary and Secondary contacts. It is suggested that these people are parents or legal guardians of the resident, as they serve as emergency contacts. They may also be contacted if any other significant concerns or problems arise with the resident, such as significant violations of the residence rules, late payments or fees, or concern for their well-being. Sections 5.01 and 5.02 of the SRA provide more details about the Primary and Secondary Contacts.