General Residential Conduct Policies

In addition to the general Berkeley Campus Code of Conduct, residential community members are responsible for adhering to Residential Conduct Policies. The Department of Residential and Student Service Programs has been granted authority by Student Judicial Affairs to adjudicate violations of the Residential Conduct Policies as stated within the Berkeley Campus Regulations Implementing University Policies, and the University of California, Berkeley Code of Student Conduct. Review the following section to find the types of misconduct for which a student may face disciplinary action.

2006 - 2007 RESIDENTIAL CONDUCT CODE

The following information outlines actions that are prohibited:
1.         Alcohol
            A. Possession of alcohol by persons under the age of 21 or persons under the age of 21 being in the company of persons who are consuming alcohol.
            B.        Possession of alcohol in public areas. *Public areas include, but are not limited to: suite common areas, apartment common areas, floor/main lounges, corridors, stairwells, courtyards, Academic Centers and common study space. 
            C.        Transportation of alcohol in visible and/or open containers.
            D.        Possession of bulk quantities of alcohol. *Bulk is defined as any amount of alcohol that is unreasonable for the individuals present to consume in a single sitting, including kegs or commercial size containers.
            E.        Distribution of alcohol to persons under 21 years of age or consuming alcohol in the company of persons under 21 years old.
            F.         Manufacturing of any alcoholic beverage.
            G.        Inability to exercise care for one’s own safety or the safety of others due in whole or in part to alcohol consumption. *Examples include use resulting in a need for medical attention, inability to function without assistance, unconsciousness, incoherent or disoriented behavior, and/or loss of control of bodily functions.
            H.        Violating any other policy while under the influence of alcohol.
            I.          Possession or consumption of alcohol (regardless of age) in Freeborn Hall.
            J.         Storage of alcohol in any amount.

2.         Failure to comply with the terms and conditions of the Substance-Free Living Environment either as a resident or guest in the Substance-Free Environment
            *All Freeborn Hall residents (regardless of age) are contractually prohibited from possessing, manufacturing, distributing, selling, or consuming alcohol, illegal and/or dangerous drugs, using mind–altering inhalants or tobacco products while physically present in Freeborn Hall. This policy applies to all guests of Freeborn residents while the guests are present in the building (see pages 33 - 34.)

3.         Controlled Substances
            A.        Possession, use, manufacture, sale, distribution, or consumption of illegal and/or dangerous drugs, including paraphernalia containing controlled substances or residue of controlled substances.
            B.        Violation of any other policy while under the influence of a controlled substance.
            C.        The inability to exercise care for one’s own safety or the safety of others due in whole or in part to being under the influence of a controlled substance. *Examples include use resulting in a need for medical attention, inability to function without assistance, unconsciousness, incoherent or disoriented behavior, and/or loss of control of bodily functions.
 

4.         Smoking
            Smoking in the residential facilities or within twenty (20) feet of an entrance, exit operable window or designated children’s play area. * This restriction includes smoking on balconies, entrance steps, entrance landings, decks, porches, interior stairwells, fire escapes and entrance access ramps, unless the area is specifically designated as a smoking area.

5.         Threat to Health and Safety
            Participation in activities or disturbances that threaten the health and safety    of yourself or others.

6.         Vandalism/Damage
            Vandalizing or damaging residential facilities. *Examples include misuse of individual or common area furnishings, dumping of excessive personal trash in common areas/bathroom receptacles, removal of signs and excessive mess.

7.         Fire Safety
            A.        Failure to evacuate the building immediately upon the sound of an alarm or to follow specific evacuation and safety procedures (see pages 46 - 47).
            B.        Misusing or tampering with fire safety equipment. *Examples include removal of doors, door closures, exit signs, smoke detectors or fire extinguishers.
C. Exceeding designated fire code capacity of a residential room. *The campus Fire Marshal has designated the capacity for residential rooms as 10 people per room.

8.         Flammables/Appliances
            A.        Possession of explosives or flammable substances *Examples include firecrackers, flammable liquids such as lamp oil, gasoline, lighter fluid, or other chemicals that are toxic or explosive in nature.
            B.        Possession and/or use of candles in the residential facilities.
            C.        Use of any object creating an open flame in the residential facilities, including the balconies and entryways to the buildings. *Examples include candles, incense, matches, lighters, and flame starters.
            D. Use of unapproved appliances. *Any appliance, other then, personal iron, a small microwave and/or mini refrigerator, which has an open coil or creates heat or flame, is not permitted outside of designated kitchen space.

9.         Guests
            A.        Failure to take immediate and appropriate action to prevent or to stop a violation by a guest. *Appropriate action may include verbally informing the guest of community standards or calling the RA on duty. If a violation of policy takes place by a guest in a residential room, the resident(s) of that room can be held responsible for the guest’s violation under this policy. If a resident signs or admits someone in, that resident will be responsible for that guest’s actions throughout the building, whether the resident is present.
            B.        Having overnight guests without approval of your roommate(s). No guest can stay for more than three consecutive days. *Notification of a residential staff member is required for long term guests (more than three days in a two–week period). Policies about guests exist because guests can be an inconvenience to roommates and other residents and constitute an additional burden on residential facilities.
            C.        Persons who have been evicted from the residences for any reason returning as guests following eviction.
            D.        Unescorted guests in residential facility.

            *Guests involved in a violation are required to leave the building if requested to do so by the residential staff member attending to the situation.  Incident reports for residents will be managed in the Residential Conduct system and those for non–resident students accused of violating residential policies can be forwarded to Student Judicial Affairs for review.
            *Overnight group visits must be approved one month in advance by the Office of Student Development. Consult your RD for guidelines.

10.       Sexual offenses of any nature, including, but not limited to, sexual harassment, sexual assault, and rape
            *See also: Code of Student Conduct (http://uga.berkeley.edu/uga/conduct.stm), Berkeley Campus Student Policies and Procedures regarding Rape and Sexual Assault (http://uga.berkeley.edu/uga/sexassault.stm), Berkeley Campus Policy on Sexual Harassment (http://uga.berkeley.edu/uga/sexualhar.stm).

11.       Verbal abuse, threats, intimidation, harassment and/or coercion

12.       Physical abuse, assault, threats, intimidation, harassment and/or coercion

13  Disorderly and or lewd conduct including hazing and pranks.
A. Disorderly Conduct - behavior that disrupts or interferes with the orderly functions of the university. *See also: The Code of Student Conduct, Statement on Hazing (http://uga.berkeley.edu/uga/hazing.stm).
B - Lewd/Obscene Conduct -  lewd or indecent behavior. *Examples include (but are not limited to) voyeurism, public urination/defecation, public exposure of private body parts, etc.

14. Behavior and/or conduct that obstructs, disrupts, and/or verbally and/or physically harasses University staff members
A. Obstructive/disruptive behavior
*May include failure to comply with directives of a staff member such as opening room doors or failing to produce proper identification.
B. Verbal harassment of staff
*May include verbal statements that intimidate, harass or coerce a staff member or interfere with the performance of his/her work, or threaten bodily harm. Harassment may occur through a telephone, written materials, electronic communication devices, or visible objects.
C. Physical harassment of staff
* May include physical interference with a staff member’s ability to participate fully in the residential community or perform his/her university job functions. This includes physical assault and intended or completed actions resulting in physical or emotional harm.

15.       Dishonesty or knowingly furnishing false information or identification                            to a University residential staff member
            *Examples include furnishing false information for the purpose of gaining unauthorized access into a residential facility, dining facility or sponsored event, or to gain use of restricted equipment.

16.       Throwing, dropping, or projecting objects or substances off of, out of or into residential facilities
            * Examples include keys, food, garbage, and water balloons.

17.       Noise
            *See page 30 for a complete discussion of Quiet Hours, Courtesy Hours and Amplified Sound.
            A.         Unreasonable noise in and around residential facilities that disrupts or potentially disrupts residents or neighboring community members. *During Quiet Hours, unreasonable noise is noise that can be heard outside of a room/common area, or noise that could travel into another room/common area. During Courtesy Hours, unreasonable noise is noise that interferes with, or has the potential for interfering with, the ability of others to sleep or study or noise that can be heard 20 feet outside of the room.
B. Use of amplified sound, subwoofers or musical instruments that violate Quiet or Courtesy Hours.
C. Use of amplified sound in outdoor areas without a permit.

18.       Possession of weapons, firearms, or dangerous instruments, with or without a permit, within all residential facilities.
            *This includes use or possession of items including but not limited to: BB guns, paintball guns, pellet guns, tasers, knives with a blade over 2.5 inches in length, swords, nunchucks, bows, spears and axes/hatchets. Similar items used for decorative purposes or rendered inoperable are included in this restriction.

19.       Theft or unauthorized use of personal or University property,
equipment or resources within the residential facilities.
            *This includes misuse of equipment involving computing resources or removal of equipment/furniture from common areas.

20.       Pets
            Having pets, other than fish in tanks not exceeding 20 gallons. *Please see the Procedure for Requesting an Exception to the Residential Pet Policy for a Service Animal if you need a service animal as an accommodation for disability.

21.       Posting or solicitation in violation of Residential Policies (see page 32)
            *Examples of improper posting or solicitation include posting without approval, posting in undesignated areas, unapproved commercial or non–commercial solicitation, including door-to-door solicitation.

22.       Operation of any business in or around the residences
            Examples include door-to-door solicitation, mail order businesses, and any services commercial in nature or provided for a profit. (see also #56)

23.       Failure to comply with sanctions
            *Failure to comply with terms of sanctions imposed as a result of conduct       action is a separate violation of policy.

24.       Trespass
            Entering any private room or normally locked building or common area without following security procedures or obtaining appropriate permission. *This includes, but is not limited to: entering suite areas and bathrooms without resident’s permission or failing to swipe in at the Security Monitor booth. This policy does not apply to hall staff in performance of official duties. (See page 34).

25.       Hall Sports
            *Examples include use of skateboards, scooters, bicycles or roller blades within the residential facilities or throwing and kicking objects, such as balls or Frisbees, indoors.

26.       Common Area Policies
            A. Overnight guests or residents sleeping in common areas.
*To maintain safety and security, overnight guests and residents are permitted to sleep only in residential rooms, with permission from all roommate(s) or inside suite common areas, with permission from all suitemates. Guests must comply with the guidelines set forth in this manual.
B. Use of Common Area Space for unapproved group meetings or for purposes that prohibit use by other residents without approval by the appropriate staff person.  (See page XX for Common Area Usage procedures)

27.       Excessive Lockouts between 5 p.m. and 8 a.m.
            *In the event that you are locked out of your room/building/suite between
5 p.m. - 8 a.m. you will be let in by an on–duty staff member. Each student is given 3 (three) after business hours courtesy lockouts per semester. Additional lockouts are considered excessive and will be a violation of policy.

28.       Gambling
            All gambling prohibited in the State of California is prohibited in all Residential facilities. * For example any person who is involved in any game or any banking or percentage scheme for money, checks, credit or other representation of value, including games played with cards, dice or through online betting options. Any type of activity or game is to be planned for the purpose of play only. Participants can not be awarded with money, prizes or the ability to access things of value based on their play. Approved student organizations can request a one-time donation for entrance or charge a one-time admission fee provided the funds go to a recognized student group or charity. There is to be no option for individuals to pay or donate additional funds to continue participation or earn more opportunities to win in a game.

FACILITIES REGULATIONS
29.       Unapproved beds/Furniture
            *Lofting of beds is permitted only when performed by designated UC Berkeley maintenance personnel. (See page 15 for lofting procedures). Other modifications to beds and furniture are not permitted.

30.       Possession, duplication, or misuse of room keys, master keys, or electronic key cards without University authorization
            *For example, loaning your keys to any other person at any time is prohibited.

31.       Tampering with elevators
            *Examples include removing button plates, pulling doors open and shut,                                  tampering with wiring or lighting, jumping up and down in the elevator,                                and pushing the alarm bell unnecessarily.

32.       Entering or accessing restricted areas
            *Examples include unauthorized opening of emergency exit doors, fire                                    escape doors, attic/roof access doors, and/or unauthorized presence on                                  rooftops, ledges, seismic bracing, fire escapes, attic space, emergency                           exits, or areas marked or known to be restricted access in any residential                                    facility or construction area.

33.       Using windows for entrance or exit during non-emergency situations or                                    tampering with or removing windows, window screens, window stops,
            and security screens

34.       Operation of or parking of motorcycles, mopeds, and other motorized                                     vehicles in or around residential facilities

35.       Halogen lamps in any residential facility

36.       Decorative lights
            The use of a decorative string or strings of lights in or around residential facilities.

37.       Unapproved cookouts in and around the residential facilities
            *Any cookout must have approval of the Facility Manager and the Resident Director and be located in an area they designate.

38.       Possession and use of BBQs exceeding stated restrictions.
*BBQs 150 square inches or smaller may be stored, but not used, within the residential facilities, unless otherwise authorized.  Charcoal, propane and lighter fluid are all flammable and thus are prohibited in and around the residential facilities.

39.       Unauthorized storage of bicycles
            *Bicycles must be stored in student rooms, bike racks, or bike storage sheds only.

DINING REGULATIONS
40.       Removal of food/beverages
            *Removal of any food or beverage other than a dessert, or a to-go meal from the dining commons will be considered theft and addressed through the residential conduct process. Please also note that removal of any item from the Den, Bear Market, Golden Bear, Terrace Café, Pat Brown’s Grill or Ramona’s Café  is considered theft and is subject to legal redress and campus conduct processes.

41.       Shirts and shoes
            Shirts and shoes are required while in the dining commons.

42.       Disturbances in the dining commons including, but not limited to, using rollerblades, skateboards, bikes, fighting, throwing food or destroying property

43.       Bringing unauthorized guests into the dining commons

44. Removal of equipment including, but not limited to, dishes, cups,
flatware, and trays

COMPUTER REGULATIONS
For more information on Computer Regulations, see the Appropriate Use Policies at http://www.rescomp.berkeley.edu/about/policy

45.       Failure to take standard precautions for securing your computer

46.       Obtaining a password for a computer account without the consent
            of the account owner

47.       Using the campus network to gain unauthorized access to any computer  systems or accounts.

48.       Knowingly performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks

49.       Knowingly running or installing on any computer system or network,
or giving to another user, a program intended to damage or place excessive load on a computer system or network
            *This includes programs known as computer viruses, Trojan horses, and worms.

50.       Attempting to circumvent data protection schemes or uncover security loopholes

51.       Violating terms of copyright laws
            *Illegal reproduction of any material including, but not limited to, music files, software, and video protected by U.S. copyright law.

52.       Deliberately wasting computer resources
            *This includes sending or forwarding chain letters or unsolicited mail (“spam”).

53.       Masking the identity of an account or machine

54.       Posting on electronic bulletin boards materials that violate existing laws or University policy

55.       Attempting to monitor or tamper with another user’s electronic
            communications, or reading, copying, changing, or deleting another user’s files or software without the explicit agreement of the owner

56.       Consuming excess network bandwidth
            “Excess” is use od more than 5GB of bandwidth per week. This limit may
be raised in the future, please see http://www.rescomp.berkeley.edu for additional information.