Judicial Affairs Department of Housing and Dining Services
GENERAL RESIDENCE HALL CONDUCT POLICIES

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

1. Alcohol.

A. Possession of alcohol by persons under the age of 21 is prohibited.

B. Persons aged 21 and over may possess alcohol in a private residential room with the door closed.

C. When persons 21 and over are transporting alcohol in and around the residence halls or on Residential and Student Service Programs property, alcohol containers may not be visible and must be closed.

D. Possession of bulk quantities of alcohol is prohibited. Bulk is defined as any amount of alcohol that is unreasonable for the individuals present to consume in a single sitting. An example of bulk alcohol would include, but is not limited to, a keg. Alcohol in any amount cannot be stored.

E. Distribution of alcohol to persons under 21 years of age is prohibited.

F. Manufacturing of any alcoholic beverage is prohibited.

G. The inability to exercise care for oneŐs own safety or the safety of others due in whole or in part to alcohol consumption is considered a violation of policy.

H. Violation of any other policy while under the influence of alcohol is considered an additional violation.

I. Possession or consumption of alcohol (regardless of age) in Freeborn Hall (Substance-Free Environment) is prohibited.

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 residents (regardless of age) are contractually prohibited from possessing, manufacturing, distributing, selling, or consuming alcohol, illegal and / or dangerous drugs, drug paraphernalia, or tobacco products. This policy applies to all guests of Freeborn residents as well. See page 41 of the Guide to Student Living in the Residences.

3. Controlled Substances.

A. Possession, use, manufacture, sale, distribution, or consumption of illegal and /or dangerous drugs is prohibited.

B. Possession of paraphernalia containing controlled substances, or residue of controlled substances is prohibited.

C. Violation of any other policy while under the influence of a controlled substance is considered an additional violation.

D. The inability to exercise care for oneŐs own safety or the safety of others due in whole or in part to being under the influence of a controlled substance is considered a violation of policy.

4. Smoking.

Smoking in the residence halls or within five feet of a residence hall is prohibited. Please note designated smoking benches around all of the residences (excluding houses).

5. Disturbances.

Participation in disturbances that threaten the health and safety of yourself or others is prohibited.

6. Vandalism.

Vandalizing or damaging residential facilities is prohibited. This includes, but is not limited to, misuse of individual or common area furnishings, removal of signs, and excessive messes.

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 page 56 of the Guide to Student Living in the Residences) is prohibited.

B. Misuse or tampering with fire safety equipment including, but not limited to, removal of doors, door closures, and unapproved posting is prohibited.

8. Flammables.

A. Possession of explosives and flammable substances including firecrackers, flammable liquids such as lamp oil and gasoline, and chemicals that are toxic or explosive in nature is prohibited.

B. Possession and / or use of candles is prohibited in the residence halls.

C. Possession and / or use of incense is prohibited in the residence halls.

D. Use of kitchen appliances is restricted to designated areas.

9. Guests.

A. Failure to take immediate and appropriate action to prevent or to stop a violation by a guest is itself a violation of policy. Appropriate action may include, but is not limited to, verbally informing the guest of community standards or calling the RA on duty.

NOTE: 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 / admits someone in, that resident may be responsible for that guestŐs actions. The resident can be held responsible for the guestŐs behavior throughout the building, whether the resident is present or not. Residents will not be held responsible for the individual policy violations committed by the guest.

B. Having overnight guests without the approval of your roommate(s) is prohibited. Notification of a residence hall staff member is required for long term guests (more than three days in a two-week period). No guest can stay for more than three consecutive days.

NOTE: 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 may not return as guests following eviction.

10. Sexual offenses of any nature, including, but not limited to, sexual harassment, sexual assualt, and rape are prohibited.

See also: Code of Student Conduct, Berkeley Campus Student Policies and Procedures regarding rape and sexual assualt, Berkeley campus policy on sexual harrassment.

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

12. Physical abuse, assualt, threats, intimidation, harassment and / or coercion are prohibited.

13. Disorderly, and/or lewd conduct is prohibited; this includes but is not limited to hazing and pranks.

See also: The Code of Student Conduct, Statement on Hazing.

14. Behavior and / or conduct that obstructs / disrupts University staff members from performing their official duties is prohibited.

This may include, but is not limited to, failure to comply with the directions of University officials, physical and verbal abuse, and / or threats of violence. See also "Safety and Security", page 54 of the Guide to Student Living in the Residences.

15. Dishonesty or knowingly furnishing false information or identification to a University staff member and / or its designee is prohibited.

This includes, but is not limited to, furnishing information for the purpose of gaining unauthorized access into a residence hall, residence hall dining room, residence hall sponsored events, or for the use of hall association equipment.

16. Throwing, dropping, or projecting objects or substances out of or into residence hall buildings is prohibited. This includes, but is not limited to, keys, food, garbage, and water balloons.

17. Noise

(See pages 38 - 39 of the Guide to Student Living in the Residences for a complete discussion of Quiet Hours, Courtesy Hours and Amplified Sound.)

A. Unreasonable noise, or noise which disrupts residents or neighboring community members at any time is prohibited. During Quiet Hours, unreasonable noise is that which can be heard outside of a room, or which could travel into another room. During Courtesy Hours, unreasonable noise is that which can be heard 10 feet outside of the room, or which interferes with, or has the potential for interfering with the ability of others to sleep or study.

B. Amplified sound or musical instruments that violate Quiet or Courtesy Hours are not permitted.

C. Amplified sound in outdoor areas without a permit is prohibited.

18. Possession of weapons, firearms, or dangerous instruments, with or without a permit, inside or in the areas outside the residence halls is prohibited.

This includes, but is not limited to, items used for decorative purposes or rendered inoperable such as swords, nunchucks, bows, switchblades, hunting knives, and spears. This also includes use or possession of facsimile weapons. Students in possession of such items are subject to California Penal Code section 626.9, which, among other things, prohibits the possession of firearms on University property.

19. Theft or unauthorized use of personal or University property, equipment or resources within the residences is prohibited.

This includes, but is not limited to, misuse of equipment involving computing, networking, or information resources.

20. Pets.

Pets, other than fish in small tanks (less than 20 gallons), are prohibited.

21. Posting or solicitation in violation of specific guidelines as listed on pages 40 - 41 is prohibited.

Examples of improper posting or solicitation include, but are not limited to, posting without approval, posting in undesignated areas, commercial and non-commercial solicitation (except as stated under the specific guidelines), door-to-door solicitation, and operating a business within the residences.

22. Operation of any business in or around the residences is prohibited.

Examples include, but are not limited to, door-to-door solicitation, mail order businesses, and any services provided for profit.

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 common area, which includes, but is not limited to, suite areas and bathrooms, without the permission of a resident living in that area is a violation of policy.

NOTE: This policy does not apply to hall staff in performance of official duties. See page 42 of the Guide to Student Living in the Residences for this policy.

25. Hall Sports.

Recreational use of skateboards, bicycles, or roller blades within the residential living areas, or the contiguous area, is prohibited. Use also includes, but is not limited to, throwing or kicking objects indoors.

26. Common Area Policies.

A. No overnight guests are permitted to stay in common areas of Units 1, 2, 3, Bowles, Stern, and the non-suites at Clark Kerr.

B. Overnight guests are permitted to stay in common areas inside suites at Foothill and Clark Kerr, provided that permission is obtained from each suitemate and guests comply with the guidelines set forth in this document.

NOTE: University-approved group hosting may be obtained by the Resident Director of your hall.

27. Lockout Policy.

In the event that you are locked out of your room / building / suite between 5pm - 8am (after business hours) you will be let in by a staff member. Each student is given 5 (five) after business hours courtesy lockouts per semester. Additional lockouts are considered excessive and will be a violation of policy.

FACILITIES REGULATIONS

28. Unauthorized possession, duplication, or misuse of room or master keys is not permitted. This includes electronic key cards used for building access.

29. Tampering with elevators is prohibited.

This includes, but is not limited to, removing button plates, pulling doors open and shut, tampering with wiring, jumping up and down in the elevator, and pushing alarm bell unnecessarily.

30. Restricted areas.

Unauthorized presence on rooftops, ledges, seismic bracing, fire escapes, or areas marked or known to be restricted access in any residential facility is prohibited.

31. Windows.

Window screens, window stops, and security screens may not be tampered with or removed.

32. Motorcycles, mopeds, and other motorized vehicles must be parked in designated areas only, and must not be operated in or around the residence halls.

33. Halogen lamps are not permitted in any residence hall room. In addition, microwave ovens are not permitted in the traditional residence hall style rooms at Clark Kerr Campus.

34. Cook outs in and around the residence halls must be in University designated areas only and with approval of the Facility Manager, or the Resident Director.

35. Bicycles.

Bicycles must be stored in student rooms, bike racks, or bike storage sheds only.

DINING REGULATIONS

36. Removal of food.

Removal of food or beverages other than an ice cream cone or a piece of fruit is prohibited.

37. Book bags and brief cases are not permitted in the dining facilities.

Appropriate storage is provided at the entrance to each dining commons, however it is not secured, and the University will not be responsible for lost or stolen items from these areas.

38. Shirts and shoes.

Shirts and shoes are required while in the dining room and food service area.

39. Disturbances in the dining commons including, but not limited to, using rollerblades, throwing food, or destruction of property are prohibited.

40. Individuals are required to bus their trays, and clean up any excessive mess after their meal. Failure to do so is a violation.

41. Bringing unauthorized guests into the dining commons, or sharing your meal and / or meal card with others is not permitted.

42. Rollerblades and skateboards may not be used in the dining commons.

43. Removal of equipment including, but not limited to, china, flatware, and trays is not permitted.

COMPUTER REGULATIONS

44. Using a computer account that you are not authorized to use is prohibited.

45. Obtaining a password for a computer account without the consent of the account owner is prohibited.

46. Using the campus network to gain unauthorized access to any computer system is prohibited.

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

48. 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 is prohibited.

This includes, but is not limited to, programs known as computer viruses, Trojan horses, and worms.

49. Attempting to circumvent data protection schemes or uncover security loopholes is prohibited.

50. Violating terms of applicable software licensing agreements or copyright laws is prohibited. Illegal reproduction of any material including, but not limited to, music files, software, and video, protected by US copyright law is prohibited.

51. Deliberately wasting computer resources is prohibited.

This includes sending or forwarding chain letters or unsolicited mail ("spam").

52. Masking the identity of an account or machine is prohibited.

53. Posting on electronic bulletin boards materials that violate existing laws or the UniversityŐs Code of Conduct is prohibited.

54. Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting another userŐs files or software without the explicit agreement of the owner is prohibited.

55. Consuming excess network bandwidth is prohibited.

"Excess" is defined as two standard deviations from average bandwidth consumption.

56. Using the University network for commercial gain is prohibited.

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