Difference between revisions of "XI: Guests"

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Revision as of 14:11, 18 August 2011

XI.A. Definitions

1. A unit is a BSC House or Apartment.

2. A member is a person with a current BSC housing contract.

3. A guest is a person who is present at a unit but is not a member.

4. A fish is a person staying at a unit in violation of AdCode section XI.B.2.

a. A fish is member-hosted when the fish is staying in the room of a member.
b. A fish is unit-hosted when the fish is staying in unit common spaces or unassigned rooms.

XI.B. Rules

1. No one may be an overnight guest at a unit for more than a total of 7 days falling within one contract period unless given permission by unit council.

2. No one may be an overnight guest at a unit for more than a total of 14 days per contract period.

3. No member or unit may host an overnight guest who violates section XI.B.2.

4. A member may not have a guest in his/her room if a roommate of the member objects to the guest's presence.

5. Unit council may charge guests for services provided, and the guest must pay any fees directly to the house.

6. No former member whose contract was terminated by the BSC may be an overnight guest.

7. No former member whose contract was terminated by the BSC for violent or disruptive behavior may be a guest.

XI.C. Procedure for addressing violations of section XI.B.2. and XI.B.3.

Allowing non-members to live in our community is against BSC policy and the member contract because it jeopardizes our tax-exempt status, creates the risk of exceeding legal occupancy limits, undermines the consistent enforcement of BSC policies, prevents the equal sharing of centralized expenses among unit occupants, it allows people into the community who are not accountable to policies we have for ensuring clean, safe and cooperative living environments, and it reduces revenue, especially in the summer when it contributes to operating deficits that members in the Fall and Spring pay for. Violations, therefore, are not tolerated. The intentions of this policy are to deter units and unit members from allowing non-members to live in the coops, and to provide a fair and sensible mechanism for resolving fishing complaints when they arise.

XI.C.1. Investigations

If the OM receives an allegation that a member or unit is in violation of section XI.B.3., the OM must initiate an investigation, preserving confidentiality upon request of the member in all communications, as follows:

a. The OM must initiate communication with unit management. The OM must designate as unit representative a compensated manager as follows:

1. If the fish is allegedly unit-hosted, the OM must designate as unit representative the House / Facilities manager.
2. If the fish is allegedly member-hosted, and the House / Facilities manager is not allegedly hosting a fish, the OM must designate as unit representative the House / Facilities manager.
3. If the fish is allegedly member-hosted, and the House / Facilities manager is allegedly hosting a fish, the OM must designate as unit representative another compensated manager.

b. The OM must inform the accused party (either the member or the unit representative, for member-hosted and unithosted cases, respectively) of the alleged violations, the investigative process, and potential consequences.

1. If the accused party admits the alleged violations, the process may immediately advance to the Resolution (XI.C.2.) and Penalties (XI.C.3.) stages without further investigation.
2. If the accused party denies the allegations, then the OM must continue the investigation, and subsequent to the completion of the investigation process AdCom must make a determination as to what violations have occurred.

c. In order to collect the information on which AdCom will base its determination, the OM must conduct interviews with members of the unit and collect any other useful evidence as follows:

1. The OM must ask the individual who filed the complaint for names of additional unit members who can give statements on the case.
2. The OM must send an email notifying all unit members about the fishing complaint and asking for members to give statements and answer questions about this case, and assure members that confidentiality will be guaranteed if it is requested.
3. The OM must make a reasonable effort to gather statements and other evidence on both sides of the case.

d. When the OM determines that enough evidence has been gathered on which to make a recommendation, the OM must weigh the facts and compile a report of the information collected. This report must contain a summary of all information collected and a recommendation to AdCom that specifies, by the OM's best judgment, what guest policy violations have occurred and what penalties are appropriate given the circumstances of the case. This report must be emailed to Adcom and the Member Advocate no less than 72 hours prior to the Adcom meeting in which it will be discussed.

e. AdCom shall rule that a violation has occurred if a preponderance of the evidence suggests that the violation has occurred. Adcom must apply the appropriate penalties immediately after making a determination on the investigation.

XI.C.2. Penalties

a. Any member who has violated section XI.B.3. must be fined an amount equal to the charges that the fish would have ordinarily paid the BSC for a non-rent sharing contract., prorated from the beginning of the term to the date the fish vacates the unit as determined by the OM.

b. Any unit that has violated section XI.B.3 must be fined an amount equal to the charges that the fish would have ordinarily paid the BSC for a non-rent sharing contract, prorated from the beginning of the term to the date the fish vacates the unit as determined by the OM. Additionally, the house account of the unit must be charged a fine equal to the product of two times the workshift rate and the occupancy of the unit.

c. Managers subject Central Level Oversight policy who fail to promptly report guest policy violations are subject to the penalties stated in PD III.A.3.

XI.C.3. Resolution

a. The OM must send a notice of violation to the unit or unit member violating section XI.B.3. (as determined by the investigation process). This notice must inform the party in violation that the fish must either vacate the unit or, if one is available, sign a housing contract, and that this must happen no later than 15 days following receipt of the notice.

1. If a unit member does not comply within 15 days, a termination of contract procedure is initiated for the unit member.
2. If a unit does not comply 15 days after the receipt of violation notice, the unit is fined a product of the workshift rate and occupancy.

b. In the summer contract period, if a fish is willing and able to sign a housing contract, the contract must be non-rent sharing and non-prorated.