Denial of University Housing Occupancy

Op5.13-8 Denial of University Housing Occupancy

At any time, Missouri State University’s (“University”) Department of Residence Life, Housing and Dining Service (“Department”) reserves the right to deny University Housing occupancy to students if, in the reasonable discretion of the Department:

• the student’s behavior (including but not limited to a student’s conduct record) has a detrimental effect on the University Housing community environment, or the student’s prior University Housing occupancy evidenced a detrimental effect on the University Housing community; or
• the student’s criminal record prohibits occupancy in a facility in close proximity to minors, or otherwise jeopardizes the safety or security of other University Housing Residents. NOTE: The Department reserves the right to deny a student University Housing under this policy due to a criminal history, even if the student has been admitted to the University under Op5.01-2 Applicants for Admission with Criminal Backgrounds and Suspensions/Dismissals notwithstanding that same criminal history.

For purposes of this policy, University Housing means both the University’s Residence Halls and University Apartments.

If the Department seeks to exercise its right to denying University Housing occupancy to a student as set forth above, then the Department will notify the student of its denial in writing. Such notice will include a brief description as to why the Department has denied University Housing occupancy and the intended period of denial (e.g. permanent, academic year, or semester).

Students will be directed to the Dean of Student’s Office to appeal the Department’s decision to deny University Housing within five (5) business days of receiving the Department’s written notice. Students will have the opportunity to discuss their behavior with members of the University Housing community and the circumstances surrounding the University’s denial of University Housing.

The Dean of Students may, at their sole discretion, choose to reinstate the student to University Housing. Factors that will be considered by the Dean of Students in considering reinstatement include, but are not limited to: the egregiousness of the student’s behavior/record, the impact of the student’s behavior/record on the University Housing community and University community, the veracity of the student, and any other legally permissible factor deemed relevant to the Dean of Students.

The Dean of Students will notify the student in writing within five (5) business days of the discussion with the student the Dean of Students’ decision as to whether or not the student will be admitted in University Housing.

Students denied reinstatement by the Dean of Students may, within five (5) business days of receiving notice of such denial, appeal this decision to the Vice President for Student Affairs. The Vice President will consider the initial notification prepared by the Department, documents reviewed by the Dean of Students, and the notification provided by the Dean of Students in their review. The determination of the Vice President of Student Affairs is final.

Students otherwise required to live in University Housing based on University Policy, G5.05, will be relieved of that requirement if denied occupancy under this policy. A student who has previously executed a University Housing contract and is subsequently denied housing pursuant to this policy will be granted a contract cancellation by the Department and will be provided a prorated portion of any funds provided to the Department for University Housing.

This policy is not intended to replace any current student conduct investigation, proceeding, or consequence pursuant to the University’s Code of Student Rights and Responsibilities (“Code”). Any decision arising out of this Policy will be separate and in addition to any charge and or consequence arising out of the Code.

Any decision to deny University Housing will be maintained pursuant to Department records retention policy but will not be made a permanent part of the Student’s record.

The university has adopted a Non-Discrimination Policy Statement, and will not discriminate against any individual in the application of this Policy. The University maintains a grievance procedure incorporating due process available to any person who believes he or she has been discriminated against. Missouri State University is an Equal Opportunity/Affirmative Action/Minority/Female/Veterans/Disability/Sexual Orientation/Gender Identity employer. Inquiries concerning the complaint/grievance procedure related to sex discrimination, including sexual harassment and sexual assault, should be addressed to the Title IX Coordinator, Carrington Hall 205, 901 S. National Ave., Springfield, Missouri 65897, TitleIX@MissouriState.edu, 417-836-4252, or to the Office for Civil Rights. All other inquiries concerning the grievance procedure, Affirmative Action Plan, or compliance with federal and state laws and guidelines should be addressed to the Equal Opportunity Officer, Office for Institutional Equity and Compliance, Carrington Hall 205, 901 S. National Ave., Springfield, Missouri 65897, Equity@MissouriState.edu, 417-836-4252, or to the Office for Civil Rights.