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Housing Process: Housing Occupancy Agreement and Terms

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2008 - 2009 Housing Occupancy Agreement

Instructions: Please Read This Section Carefully

Fitchburg State College desires to provide on campus housing for its students at the lowest possible rate and, for that reason, must operate the residence halls on a contract basis for the FULL ACADEMIC YEAR. The following terms and conditions are the basis for which all residence hall students must abide. Please read them carefully. If you do not understand any portion of these terms, please contact Housing and Residential Services at (978) 665-3219.

  1. Eligibility
    To qualify for college housing a student must be an undergraduate degree seeking student, with less than 120 earned credit hours, who is registered for at least 6 credit hours and who is without academic, disciplinary, or other infractions warranting exclusion from college housing. Students who have applied for May graduation will not be eligible to sign up for housing or participate in room selection events for the following academic year.

    Students who reside in the towns of Fitchburg, Leominster, Lunenburg and Westminster will not be eligible for on-campus housing. An exception to this policy will be made for recipients of Admissions’ merit scholarships. Current residents are exempt from this policy as long as they maintain continuous residency on campus.

  2. Occupancy Agreement Period
    This agreement financially obligates you, the student, as long as you are enrolled for the entire academic year (fall and spring semesters). If you enter into this agreement for the spring semester only, you are obligated to perform on this agreement through final closing of the residence halls for the spring semester.

    Students may occupy their assigned space from the date designated as the opening of college housing to the date designated as the end of each semester in the college’s academic calendar.

    Unless students are notified otherwise, residence halls will be closed during the winter break (between fall and spring semesters). Should selected residence halls remain open for the winter break, students who reside in that facility will be notified of this option and would be required to pay an additional fee if they choose to extend the agreement period to include winter break housing. When residence halls are closed for breaks, residents of these and other units who are not under an occupancy agreement will be required to vacate their rooms.

    Occupancy is defined by issuance of a key/card access to the student for a specified room and does not require actual physical presence by the student and/or his/her possessions.

  1. Acceptance of this Occupancy Agreement
    The signature of the student on his/her housing agreement signifies that the student has read these terms and conditions and agrees to abide by all conditions, terms and policies specified in this agreement and binds the student to this agreement upon acceptance by Housing and Residential Services.

  2. Assignment of Space
    1. Assignment
      All eligible returning residents who apply for housing by the published deadline are guaranteed college housing. Returning residents who applied late and did not meet published deadlines will be placed on a waiting list. Current students who reside off campus will be placed on a waiting list, and will be assigned pending availability of space. Incoming students who meet agreement/deposit deadlines are guaranteed college housing and will be assigned on a first-come-first-served basis. The receipt date of the housing application/occupancy agreement and reservation/security deposit determines priority; the last receipt date will determine priority, if sent separately.

      While every attempt will be made to honor building preferences and mutual roommate requests, the College reserves the right to reassign students to other rooms and/or buildings for cause(s) deemed sufficient by Housing and Residential Services. This occupancy agreement is for a space, not a particular room. Roommate requests must be mutual and will be assigned based on the receipt date of the last student to apply for college housing.

      If a student fails to occupy his/her assigned space before 5:00pm on the first day of classes without notifying Housing and Residential Services of a delayed arrival, the space may be reassigned and the student declared a no-show. Students declared to be a no-show forfeit their reservation/security deposit and students who continue to enroll in classes at Fitchburg State College will be held financially responsible for their occupancy agreement.

    2. Expanded Occupancy
      If the words “EXPANDED OCCUPANCY” appear on your room assignment letter, the student is eligible for regular spaces unclaimed by the assignees, provided the student checked into the “expanded occupancy” assigned space. Moves out of  “Expanded Occupancy” spaces are based on receipt date of housing occupancy agreement, except where extenuating circumstances may necessitate deviation from that order. If a student is assigned to “expanded occupancy” beyond the consolidation period, the rental fee for all residents in the expanded occupancy will be reduced by 20% according to the guidelines established by the Massachusetts State College Building Authority.

    3. Occupancy
      A room may only be occupied by the person(s) properly assigned to the room. Neither room assignments, nor the occupancy agreement, are transferable and occupancy by a student or other person without authorization is not permitted. Room changes are not permitted during the first two weeks of classes of the fall and spring semester. This “freeze” period allows Housing and Residential Services to identify “no shows” and stabilize occupancy records. Changes of room assignments are permitted according to the guidelines outlined in the College Housing Handbook. If a student completes an unauthorized room change, that student will be required to return to his/her originally assigned space, may be denied the opportunity to participate in any other room changes, and will be assessed a $25.00 administrative charge.

      If the unit occupied is a disabled-accessible unit, and the student is not disabled in a manner which requires him or her to have a disabled-accessible unit, the student agrees to transfer to a non-disabled-accessible unit if the accessible unit is needed for a disabled student.

    4. Consolidation
      Students who are in a double occupancy room, but who find themselves without a roommate for whatever reason, may be required to consolidate. Consolidation involves either: 1) moving to another room, 2) finding someone else in the same situation to move in with you, or 3) paying the private room rate. In cases where none of the consolidating parties wishes to move, priority to remain will be determined by (1) length of room occupancy, (2) length of enrollment by credit hours, and (3) date of receipt of occupancy agreement. Students who willfully do not participate in consolidation efforts will automatically be charged the private room rate.

    5. Non-Discrimination Policy
      The College prohibits discrimination on the basis of religion, race, creed, age, gender, veteran status, color, disability, sexual orientation or national origin in the assignment of persons as roommates.

  3. Meal Plan Requirement
    All students electing to live in college housing, except for Townhouse, North Street Apartments and Cedar Street residents, are required to select one of the following meal plans.

    5 Meal Plan (Apartments and Cedar Street House ONLY) — 5 meals per week, plus $50 Falcon Dollars per semester

    10 Meal Plan — Any 10 meals per week, plus $75 Falcon Dollars per semester

    15 Meal Plan —Any 15 meals per week, plus $100 Falcon Dollars per semester, and 5 guest meals per semester

    Freedom Meal Plan —Unlimited number of meals per week, plus $125 Falcon Dollars per semester, and 10 guest meals per semester

    There is no refund for missed meals or carry over to the next semester. Changes in the meal plan selected may not take place after the third week of classes. Meal service is not provided during Thanksgiving, Winter or Spring Breaks.

    Students may also add additional money to their Falcon Dollar account which can be used to purchase food at any of the campus vending and food operations. Falcon Dollars are not refundable. On-campus dining service and all retail food units are operated by Chartwells Inc. on behalf of the College.

    Meal cards are not transferable and may not be loaned. A non-refundable
    charge of $25.00 is assessed for each replacement card.

  4. Deposit and Agreement Payment
    1. Deposit
      A reservation/security deposit of $150 is due at the time the student submits a housing application and signed occupancy agreement, if a deposit is not already on file with the College. The deposit will be refunded upon proper completion of this occupancy agreement or subsequent occupancy agreements. Upon satisfactory completion of the occupancy agreement per current release terms, the deposit will be refunded/applied to the student's Fitchburg State College account.

    2. Payment
      The room and board charges at the prescribed rate per academic semester are payable in full at the time of payment of tuition and fees for each semester. All other charges must be paid in full upon notification of charge. If payment is not made by the stipulated deadline, a $10.00 processing fee will be assessed. In addition, failure to pay all outstanding charges will result in the student’s name being placed in the Housing debit file, which may prohibit further registration, issuance of transcripts and other records, and face removal from student housing. If charges are not paid and the college requests assistance from a collection agency, the student is responsible for any additional collection fees.

      Residence hall and meal rates for the 2008– 2009 academic year will be announced during the Spring of 2008.

  5. Refund
    A student who withdraws or is required to withdraw from the College during a semester, or whose occupancy agreement is properly cancelled (see section XV Occupancy Agreement Release), may receive a prorated refund of housing and meal plan fees, determined by the date the student removes all personal belongings from the assigned room, returns key(s), and officially checks out of the residence hall. No refunds will be made after the 10th week of classes, for a fractional part of a week, or if the student is removed from housing for disciplinary reasons.

  6. Residence Hall Facilities and Policies
    This agreement is not intended to create a usufruct or convey any tenancy or other property interest to the student, the intent being instead to create a licensor/licensee relationship subject to the terms and conditions stated herein. The residence halls are considered private property, reserved for the exclusive use of resident students, invited guests, and authorized College personnel. Residents are responsible for abiding by all College and residence hall policies and for informing their guests of said policies. Residents are held responsible for the behavior of their guests and all activities originating from their assigned rooms. Violations of any of the provisions in this occupancy agreement or those outlined in The Student Handbook, College Housing Handbook, or any other College policies will be considered violations of the occupancy agreement and grounds for removal from college housing. Violations will be referred to appropriate College personnel for disciplinary action and also may be referred to law enforcement officers for investigation and prosecution under applicable criminal laws.

    Students shall have equal rights to use of lounge areas, hallways, baths, and other common spaces and agree to respect the rights of other students in such areas. These facilities include, but are not limited to, study lounges, main lounges, recreation rooms, laundry rooms, bathrooms, etc.

    1. Student Rooms/Furnishings
      Any room furnishing added by a student must be free standing, and no part of one’s personal furnishings may be attached, wedged, or secured in any manner to the ceiling, floor, walls, or college furnishings in the room. No item may be located so as to obstruct direct access to the door or windows so that evacuation is hindered. No college room furnishings may be altered from their intended design or removed from the room by the student or his/her guest(s).

      No common area furniture may be taken from the lounges or other areas and placed in student rooms or moved to other locations. No personal property may be stored in public areas.

    2. Appliances/Equipment
      Residence halls have varying design and construction and as such the College reserves the right to impose reasonable requirements with respect to the use of appliances or equipment in the residence halls. Some examples of items not permitted in the residence halls are listed below; however, this list is not all-inclusive.
      1. Refrigerators with internal dimensions larger than 4.0 cubic feet.
      2. Air conditioners or ceiling fans.
      3. Waterbeds
      4. Halogen Lights
      5. Hot plates, toaster ovens, deep fat fryers, open flames, or open coil appliances.
      6. Microwaves with wattage greater than 1000.
      7. Kerosene heaters or electric heaters, electric blankets, burning candles and/or incense, or explosives.
      All permitted units and cords must be UL approved. The College reserves the right to determine the danger of electrical appliances/cords and to require their removal or to permanently confiscate them if a student fails to remove the designated item in a timely manner.

    3. Pets
      Pets are not permitted in the residence halls except fish in tanks not larger than 20 gallon capacity and trained guide dogs for visually/hearing impaired residents or guests.

    4. Community Policies
      Because the residence halls comprise a unique community living situation, policies that provide for the health, safety, and security needs of all residents are a necessity. These policies foster a cooperative living environment and prohibit behaviors which adversely affect the residence hall community.
      1. Rights of Others: In order to maintain the academic atmosphere of the residence halls, students are expected to conduct themselves in a considerate manner with regard to the rights, safety, and needs of others. Accordingly, students are obligated to live in a cooperative manner with roommates and other residents. Students are expected to recognize and respect the authority of College staff and to comply with requests they make in the performance of their duties.

      2. Fire Safety and Other Safety Issues: (A) Possession or use of
        fireworks, explosives, flammables, hand guns, rifles, shotguns, weapons of any kind, including BB guns, stun guns, knives,
        martial arts equipment, laser pens, bows and arrows, etc., or
        other objects with the potential to cause bodily harm are prohibited. (B) Burning candles and/or incense, use of grills,
        any open flame apparatus, or explosive devices are prohibited. (C) Fire fighting, detection and alarm equipment is provided for the protection of all residents. Misuse of or tampering with this equipment is a violation of College regulations and state criminal statutes, and may result in any one or combination of the following: immediate termination of this occupancy agreement, College disciplinary action, and criminal fines and/or imprisonment. (D) Students are required to evacuate a residence hall when a fire alarm is activated or during other emergencies. (E) No objects are to be thrown or dropped from balconies, roofs or windows. (F) Propping open corridor or stairway fire/smoke doors, opening a secured outside door of a residence hall or improper use of emergency exits is prohibited. (G) Threats or acts of bodily harm are prohibited. (H) Blocking or obstructing corridors, breezeways or stairways is prohibited.

      3. Alcohol and Drugs: Students 21 years of age and over are permitted to possess and consume alcoholic beverages in accordance with State and College policies and regulations.
        Fitchburg State College policy permits students 21 years of age and over to consume alcoholic beverages only within the confines of their own residence hall room or residence hall rooms in which invited guests of students 21 years of age or older are present. Common containers (ie. Kegs, party balls, punch bowls, or other large containers) are not permitted within the residence halls. The possession or consumption of alcoholic beverages in public areas is not permitted. Residents who choose to consume alcoholic beverages are responsible for their actions and should their behavior detract from the living environment they will be held accountable through the discipline process. The College prohibits the illegal or abusive use of drugs. Please reference The Student Handbook and the College Housing Handbook concerning use of alcohol and/or other drugs.

      4. Quiet Hours Policy: Students shall observe and respect the rights of other students occupying College housing. Students will avoid excessive noise levels and will observe quiet hours for study established in each residence hall.

      5. Visitation: The College permits visitation of guests in a student’s residence hall room at certain times and under certain conditions as specified in the College Housing Handbook. Residents are responsible for the behavior of their guest. Overnight stays are limited to two (2) overnight stays within a ten (10) day period.

      6. Other: The living and studying conditions at an educational
        institution are unique and must be adjusted from time to time
        for the mutual benefit of the College and all of its other students. Therefore, Housing and Residential Services may make changes in official administrative policies as deemed necessary in the interest of health, safety, discipline of students or College employees, or for educational purposes, and the student shall abide by such changes in policies. Campus policies and regulations are published in The Student Handbook, the College Housing Handbook, this Agreement Booklet and other documents which address particular operations of the College.

    5. Solicitation
      No solicitation is allowed in college housing. No student may operate a business or other commercial enterprise from his or her residence hall room or any other part of the campus without expressed written consent of the College.

  7. Damage Charges
    Students are responsible for loss or damage to furnishings or equipment in the residence hall room to which they are assigned. When damage occurs to any part of the public area of your community (hallway, lounges, bathrooms, etc.), all residents of the living community will be notified and held responsible for cost of the repair. Students will be billed for the replacement or repair of any College property they damage or lose. For more information on the community assessment process, refer to the College Housing Handbook.

    At the time a student occupies a room, a Room Inventory & Checkout Form must be completed. This form establishes student responsibility for the room condition, furnishings and room key/One Card. It includes a check-in inspection section which must be checked and signed by both the occupant and a staff member upon moving into the room and when vacating and checking out. Any damages, beyond normal wear and tear, upon check-out will be charged to the student. Students vacating rooms are expected to vacate rooms and remove all trash and personal belongings from rooms and be officially checked out by the Building Director or Resident Assistant.

  8. Keys/One Card
    Students are issued keys/One Card at the time of occupancy at no charge. If the keys/One Card is lost, the students will be charged to replace the core and cut the new keys/One Card. When a room is vacated, it is the responsibility of each student to turn in the keys to the Building Director or Resident Assistant and see that the check-out form is reviewed. If the room keys is not returned by the resident, it is considered an improper check-out and the lock will be automatically re-combinated at the student’s expense. It is the responsibility of all residents to keep their keys/One Card with them at all times. It is not the responsibility of the residence hall staff to unlock doors.

  9. Right of Entry/Search and Seizure Policy
    The College reserves the right to enter the student’s room in the following instances: (A) when there is sufficient reason to believe that an occupant of the room may be physically harmed or endangered; college property is being endangered; college policy is being violated; (B) to make periodic health, safety, and maintenance inspections; or (C) to make routine physical repairs to College property. If there is some specific reason to suspect that a criminal offense has taken place or that evidence of that offense may be secured in that room, the warrant requirement shall be followed. If in the course of entry as described above, illegal materials are found in plain view they will be removed and the student will be notified of the confiscation and face possible disciplinary action.

  10. Liability
    Residents are responsible for their belongings. The College does not assume responsibility for loss of, or damage to, personal articles through fire, water, theft or any other cause. Additionally, the College is not responsible for personal property left by students during vacation periods; after the date of their withdrawal, transfer, departure, suspension or dismissal from any room in a College residence hall. The College suggests that students insure their personal property.

  11. Utilities
    The residence hall fee charged under this agreement includes the following utilities: electric, sewer, water, gas, local telephone service, basic cable TV and data access to the College computer network. Residents shall use utilities in a conservative, economic, and efficient manner. Failure of utility services will not render the College liable for inconvenience to residents or damage to property, nor abatement of agreement residence hall charges owed, nor relieve residents of obligation under this contract. Utility services may be reduced or cut off during prolonged vacation periods in the interest of energy conservation or maintenance and safety.


  12. Occupancy Agreement Termination
    1. Occupancy Agreement Termination by the College
      Upon reasonable notice and for good cause, the College reserves the right to terminate this agreement at any time. Examples of good cause include, but are not limited to: 1) failure to make payment of required charges by announced deadlines; 2) a change in student status, including academic or disciplinary sanctions; 3) failure to attend classes; 4) failure to remain a degree seeking student; 5) failure to comply with state or federal laws, residence hall policies and regulations, or rules and regulations as described in the Student Handbook, College Housing Handbook, this agreement and/or terms, or any other published rules and regulations of the college; 6) failure to admit an officer or agent of the college for reasonable inspection of the room for health, safety, sanitation standards; 7) failure to comply with the direction or order issued by any officer of the college; 8) possession, sale or use of drugs; 9) tampering with life safety equipment or otherwise endangering the safety and/or security of other residents; 10) failure to occupy the assigned space before the established deadlines for each semester.

      Should this agreement be terminated, the student will be required to vacate the residence hall within 48 hours unless special permission, in writing, has been obtained from the Director of Housing and Residential Services or a designee of the department. In the event the student does not vacate within the allowed time period, the room lock will be re-combinated at the student’s expense, and any property of the student remaining in the residence hall room or building may be treated as abandoned property or stored and held under limited access. All charges for removal, disposal and storage will be assessed to the student.

      Termination for any of the above conditions will result in the student being liable for all charges assessed during the term of this agreement and will not receive any refund for current semester room and board fees, forfeiture of their reservation/security deposit, being financially responsible for any room damages and unreturned keys, and be required to properly check-out with a residence hall staff member.

    2. Occupancy Agreement Termination by the Student
      The student may terminate this contract by giving written notification to Housing and Residential Services under certain circumstances (refer to section XV). If the student has occupied the assigned space, he/she must follow proper check-out procedures as published in the College Housing Handbook. Occupancy is defined by issuance of the keys/One Card to the student for a specified room and does not require actual physical presence by the student and/or his/her possessions. Failure to check-out properly will result in a $25 charge for resulting administrative costs. Additional costs may be assessed for a lock recombination. The student must contact Housing and Residential Services directly to terminate his/her agreement.

  13. Occupancy Agreement Releases and Cancellation
    1. Occupancy Agreement Releases
      A student may request, in writing, a release from this agreement under the following conditions with no penalty if granted:

    • Graduation
    • Student Teaching outside of Worcester County
    • Co-op/Internship outside of Worcester County

    A student may request, in writing, a release from this agreement under the following conditions, but will forfeit their deposit if granted:

    • Withdrawal from college
    • Transferring to another school

    1. Buy-Out of Occupancy Agreement
      A student wanting to be released from his/her agreement for any other reason must participate in the Buy-Out option by paying 35% of room charges for the subsequent semester. A student cannot participate in the Buy-Out option for the current semester. All Buy-Outs must be filed by the published deadline. Students who participate in the Buy-Out are not eligible for a refund of their deposit.

    2. Returning Student Cancellation Policy
      Current residents who complete an occupancy agreement, thereby reserving a space for the 2008 - 2009 academic year, may request, in writing, to cancel this agreement by:

      April 15 - to receive a refund of the reservation and/or security deposit.

      April 16 - June 30 will result in forfeiture of the deposit and being assessed a $50 cancellation charge.

      July 1–July 31 will result in forfeiture of the deposit and being assessed a $150 cancellation charge.

      August 1–Opening Day will result in forfeiture of the deposit and being assessed a $250 cancellation charge.

      All cancellation dates will be established by postmark or fax date
      on the written request.

    3. Incoming Student Cancellation Policy
      Upon receiving a signed agreement and deposit, this agreement will be accepted by Housing and Residential Services for assignment. A student may request, in writing, to cancel this agreement by August 10, 2008 with no penalty. Students who cancel their agreement after this date and before opening will be assessed a $150 cancellation charge and will forfeit their deposit.

    4. Cancellation After Occupancy is Scheduled to Begin - "No Shows" Cancellation after occupancy is scheduled to begin, defined as opening day of the residence halls on the academic calendar, will result in the student being held financially responsible for their room charges for the semester as long as they are enrolled at Fitchburg State College.

  14. Addenda
    Housing rules and regulations appearing in the most recent Student Handbook, College Housing Handbook or revisions thereto as may be periodically instituted by Housing and Residential Services, are made a part of this agreement.

 

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