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General conditions of residence in a University Managed Residential College

1. Agreement

1.1 Under this accommodation Contract, the University agrees to provide:

(a) a supportive collegiate environment in the College and which facilitates learning;

(b) access to the College’s programme of social and community activities.

1.2 The Resident agrees to:

(a) comply with the obligations of this contract and all requirements and directions provided for under this contract;

(b) participate and contribute to the supportive and harmonious atmosphere of College, showing consideration towards other residents and neighbours, and to College property;

(c) pay all required fees in the manner and time established by the Contract Payment Schedule together with any penalty provided for.

2. Resident to be full-time student

2.1 The Resident understands and agrees that it is a condition of residence at the College that the Resident be enrolled as a full-time student at the University of Otago.

3. Termination or transfer by University

3.1 The University acting through the Head of College shall be entitled to terminate this contract at any time:

(a) if any information provided in support of the application for residence or in the College Information Form is found to be false or incomplete in any material particular;

(b) if the Resident fails at any time to meet the requirements for admission to the University (including failing to attain University Entrance in the January of the year of proposed residence) or ceases to be a full-time University student;

(c) where justified on disciplinary grounds;

(d) for the failure to make timely payment of fees;

(e) where the University is satisfied that the Resident’s state of mental or physical health makes termination appropriate having regard to the interests of the Resident or of the College community;

(f) in the event the College premises or any part of them are rendered uninhabitable by storm, fire, flood, earthquake or any other similar event beyond the University’s control, or should the University require the premises or any part of them to be vacated as a result of the risks associated with potential such events, or for the purposes of undertaking works intended to protect the premises against them. In the event of such termination: (a) the Resident’s liability for fees shall cease from the time of termination and (b) the University shall be obliged to use its bests endeavours to offer the Resident suitable alternative accommodation or to secure such an offer for the Resident.

3.2 In the circumstance described in 3.1(c), (e) or (f) or in other circumstances where the University considers it appropriate to do so the University may vary this agreement by transferring the Resident to another University owned or affiliated College and all references in this agreement including fees shall be read as references to that College.

4. Liability for fees

4.1 This contract is in respect of residence for the period shown in the Contract Payment Schedule. No refund or reduction of those fees is available in respect of any period of the Resident’s absence from the College.

4.2 In the event early termination of this agreement (other than under clause 3.1(e) and (f)) the Resident is liable for a penalty of 1/38th of the annual fee and remains liable for payment of all outstanding fees for the balance of this contract, provided that the College may in its discretion reduce this liability in light of the circumstances of the Resident’s departure from the College and/or its ability to arrange for another party to fill the vacancy left by the Resident.

4.3 The University’s Fees Statute 2011 applies in respect of amounts due under this contract.

The failure to make timely payment of any amounts due may have the consequences described in clause 6.1 of the Statute.

5. Information relating to student

5.1 The Resident consents to the disclosure of any of their personal information (including any information regarding disciplinary matters or potential criminal activity) to the Resident’s parents or guardian or other nominated
contact, or relevant authority.

5.2 The Resident consents to the University releasing to the staff of the College the Resident’s enrolment details and academic results, provided that such information be maintained confidential to those staff and used solely for
the purposes in connection with the welfare of the Resident or for statistical purposes which do not allow the Resident to be identified.

5.3 The Resident authorises any health professionals whom they may consult during the period of their residence at the College to release to the staff of the College such health information as reasonably necessary in the interests of the welfare of the Resident or other members of the College community.

5.4 The Resident agrees that the University shall have the ongoing right to make use for its purposes of the Resident’s image and written and verbal statements in connection with the College.

6. Rights in respect of rooms

6.1 The allocation of rooms is made by the College, and may be changed by the College at any time. The Resident may not change rooms except with the College’s agreement.

6.2 This contract is personal to the Resident and allowing the use of the room by any other person is not permitted.

6.3 The staff of the College shall have the right to access the Resident’s room at any time for any purpose reasonably connected with the welfare of the Resident or of any other member of the College community or reasonably connected to the inspection and maintenance of College property.

7. Disciplinary process

7.1 The Resident consents to the disciplinary processes and sanctions established by the College, and specifically acknowledges the right of the College to impose sanctions on the Resident for the breach of any provision of, or requirement established in accordance with, this contract. Such sanctions may include (but are not limited to):

(a) formal and informal warnings;

(b) requirements to undertake work and/or attend programmes or counselling;

(c) fines and reparation (including those made on groups of which the Resident is part in respect of damage the cause of which cannot be specifically attributed) and directions to make reparation to third parties;

(d) restrictions on activities, including alcohol bans and non-association or non-attendance requirements;

(e) suspension of the right of residence, or termination of this contract neither of which shall affect a resident’s ongoing liability for fees.

7.2 The University has adopted a zero tolerance policy in respect of the possession, use or distribution of illegal drugs by members of its Colleges while on University property or while attending a College event. Where disciplinary process establishes that the Resident has committed a breach of this policy this contract will automatically be terminated by the Head of College, but this sanction may be reviewed through the appeals process below.

7.3 The process to be followed in relation to any specific incident shall be appropriate to the nature of the allegation involved and the range of penalties under contemplation, provided that in any process the Resident shall be entitled to be fairly informed of the matter of concern, and shall have the opportunity to provide a response or explanation before any penalty is imposed.

7.4 Where a Resident faces an allegation that amounts to criminal behaviour, or where the circumstances otherwise make it inappropriate for the Resident to remain in the College while the matter is considered, the Head of College may suspend the Resident from the College until the process is complete. In such circumstances the Resident may be offered accommodation at another College but shall not be entitled to such an arrangement being made.

7.5 Where any sanction is imposed by a person other than the Head of the College, the Resident shall be entitled to have that sanction reviewed by the Head of College. Where a sanction has been imposed by the Head of the College, or where the Resident is not satisfied with the outcome of a review performed by that person, the Resident may, within seven calendar days of being notified of the relevant decision, submit an appeal against the sanction to the University’s Director of Campus and Collegiate Life Services (“the Director”) on the grounds that it (a) may cause significant hardship to the student; (b) may be manifestly unfair; or (c) may have been imposed without due process having been followed.  An appeal shall be in writing and set out the grounds the Resident relies on for the appeal.

7.6 The Director may determine any appeal as he or she thinks fit, or, in his or her absolute discretion, refer the matter to an Appeals Panel for determination. Each Appeals Panel shall comprise not less than three persons appointed by the Director. An Appeals Panel shall regulate its own procedure and its decision on any matter shall be final.