Housing License Agreement Appeals

Transcription

1 Housing License Agreement Appeals Do not sign another lease unless you have received a formal written release from your Housing License Agreement. If a contract (lease) is completed in addition to a student s (hereinafter called Licensee ) Housing License Agreement, that Licensee then becomes legally obligated to two different agreements. Having another signed agreement is not grounds to be released from the Housing License Agreement. The information on this page pertains to Appeal for License Agreement Release from Housing covered by the Housing License Agreement (hereinafter called License Agreement ). Your License Agreement is a legal contract. You cannot appeal the $200 non-refundable application fee. If you are, or will be, a registered Licensee and have completed a License Agreement, you are obligated to the terms of the License Agreement and must therefore appeal to be released from the License Agreement if you wish to have your rental obligation removed. A pending appeal does not defer your room and board charges. Please make all payments by your assigned due date to avoid late charges. If your appeal is approved, adjustments to your account will be made. Appeal Information: Housing & Residence Life License Agreement The submission of an appeal never guarantees release from a License Agreement. Appeals for License Agreement are any reason for which a Licensee has the goal of being released from a License Agreement. Reasons to submit such an appeal must include extraordinary causes, a serious, compelling and unforeseen medical or financial circumstance that you have encountered since you signed your License Agreement. Appeals must be initiated by the Licensee responsible for the License Agreement. The Appeals Committee makes recommendations to the Director for review.

2 Here are the steps to submitting an Appeal for License Agreement Release: 1. Complete the Standard Required Documents The Appeal for License Agreement Release must be completed by the Licensee obligated by the License Agreement including the review and initialing of the License Agreement Release Documentation Guidelines (page 2). Page 2 of the Appeal for License Agreement Release details the types of documents required for this appeal. The Licensee must initial the bottom of this page to verify that they have read and understand this information. Standard Required Documents Completed Appeal for License Agreement Release Initialed License Agreement Documentation Guidelines (Page 2 of Appeal for License Agreement Release) Typed Personal Statement (as indicated in item #1 on the License Agreement Release Documentation Guidelines) 2. Supply Additional Information Every Appeal for License Agreement Release must be accompanied by Standard Required Documents. While the Standard Required Documents listed below are the minimum requirement for the submission and consideration of an Appeal for License Agreement Release, it is required that Licensees supply additional information outlining their significant and unforeseen change of circumstances since signing their License Agreement to the Appeals Committee. This additional information may further support the Licensee s case. For every appeal that is submitted, the Appeals Committee looks at the documents presented to them and tries to answer the question, What was the extraordinary cause, or serious, compelling and unforeseen medical or financial circumstance that the Licensee has encountered since the License Agreement was signed that prevents them from fulfilling their contractual obligations as outlined in the agreed-to terms and conditions of their License Agreement? Therefore, it is often best to provide too much dated documented evidence rather than too little. All appeals documentation is kept strictly confidential. The Appeals Committee cannot inform you what to provide as each situation is individual. The Appeals Committee will have no knowledge of your situation other than the information you provide. Submitting factual documentation and detailed timelines in relation to the License Agreement may be helpful to the committee and explaining your situation in requesting an appeal. The Appeals Committee makes recommendations to the Director for review.

3 Medical Hardship Appeals Release from the License Agreement is likely to be approved only if the Appeals Committee decides that the medical situation cannot be supported at an alternate location in campus housing. If the Appeals Committee determines that a vacancy exists on campus that adequately addresses or mitigates the condition, a medical priority transfer will be arranged, and the appeal will be denied. If the Committee is unable to determine that a significant and unforeseen/unavoidable change in medical circumstance has occurred since the completion of the Licensee s on-campus License Agreement, the appeal will likely be denied. If your medical appeal is disability-related, you must register your disability with the University by contacting the Student Disability Resource Center (SDRC). Medical appeals require written documentation from a physician or licensed mental health counselor (may not be a relative of the Licensee) confirming the medical situation as described in the appeal. This documentation should clearly state the type of accommodations that would assist in mitigating the condition (such as no carpet, no curtains, etc.) and should be on letterhead with the physician s signature and contact information. Types of medical documented evidence that may strengthen an appeal includes, but is not limited to: Medical recommendation from physician s office on letterhead that states the Licensee must live off campus with specific reasons Other documented evidence that shows a clear change in condition since signing the License Agreement that affects the Licensee s ability to live on campus Financial Hardship Appeals To appeal on grounds of financial hardship, Licensees must provide additional written documentation to support the claim of a significant and unforeseen/unavoidable change in financial circumstance since entering into the terms and conditions of the License Agreement that prohibits them from fulfilling their License Agreement obligations. Evidence of an alternate, less expensive housing arrangement does not qualify for a successful appeal and release from the License Agreement. Failure to maintain grade point averages, causing a loss of financial aid does not constitute a successful appeal. If the Appeals Committee is unable to determine that a serious, compelling and unforeseen financial circumstance has occurred since the Licensee signed the License Agreement, the appeal will likely be denied.

4 Types of financial documented evidence that may strengthen an appeal includes, but is not limited to: Checking account statements before and after the significant change of circumstance Dated proof of unemployment or loss of employment on letterhead and signed by previous employer Official Financial Aid statements Other documented evidence that shows a clear change in financial circumstance that occurred since signing the License Agreement. 3. Submit Your Appeal Submissions: Licensees can submit the Appeal for License Agreement Release, accompanying letter and supporting documents: Via (preferred): to housing@humboldt.edu with subject line Housing Appeal MAIL: Licensees may submit documents via mail to Housing Appeals (HSU Housing & Residence Life, 355 Granite Ave, Arcata, CA ), FAX: (707) Attn: Housing Appeals. Submitting documentation for an appeal does not guarantee an approved appeal. Whether or not documentation provided is sufficient to grant an appeal is at the sole discretion of the Appeals Committee regardless of the type of documentation provided. Incomplete appeal submissions will not be considered. Licensees must submit all appeal information in one, concise packet. Please contact housing@humboldt.edu with any inquiries regarding the appeals process.

5 APPEAL FOR LICENSE AGREEMENT RELEASE Please print or type AFTER reading the instructions on reverse side. Name: HSU ID#: Phone: (We will be communicating via , so please list an address that you check regularly.) Residence Hall Address: I am applying for License Agreement release for the following term(s). Circle all that apply: APPLIED FOR FINANCIAL AID? (Circle one) YES / NO Fall Spring Summer Briefly state the primary reason for seeking this release of License Agreement (i.e. medical, financial, etc.): ALL LICENSE AGREEMENTS ARE FOR THE ENTIRE ACADEMIC YEAR OR BALANCE THEREOF. YOU CANNOT APPEAL THE $200 NON REFUNDABLE APPLICATION FEE. A STUDENT (HEREINAFTER CALLED LICENSEE ) MUST HAVE AN APPROVED RELEASE FROM THE LICENSE AGREEMENT IN WRITING TO TERMINATE CHARGES FOR ROOM AND BOARD CHARGES. TO OBTAIN A LICENSE AGREEMENT RELEASE, THE LICENSEE MUST PROVE THAT THERE HAS BEEN AN EXTRAORDINARY CAUSE, OR A SERIOUS, COMPELLING AND UNFORESEEN MEDICAL OR FINANCIAL CIRCUMSTANCE THAT THE LICENSEE HAS ENCOUNTERED SINCE THE LICENSE AGREEMENT WAS SIGNED THAT PROHIBITS THE LICENSEE FROM FULFILLING THEIR LICENSE AGREEMENT OBLIGATIONS. AN APPEAL FOR LICENSE AGREEMENT RELEASE WILL NOT BE ACCEPTED FOR REVIEW WITHOUT APPROPRIATE SUPPORTING DOCUMENTATION (see reverse for further details). SUBMISSION OF THIS APPEAL AND SUPPORTING DOCUMENTATION DOES NOT ENSURE AN APPROVED LICENSE AGREEMENT RELEASE, BUT MERELY PROPER REVIEW AND EVALUATION. THE APPEALS COMMITTEE MAKES RECOMMENDATIONS TO THE DIRECTOR TO REVIEW. I have read the statements above and have reviewed the information on the reverse side. I understand the information contained in this Appeal for License Agreement Release and furthermore understand that it is my responsibility to provide any and all information pertinent to my situation as it relates to the guidelines for applying for a License Agreement Release. Licensee s Signature Date Licensee: Please retain a copy of all materials submitted for your records. 1

6 LICENSE AGREEMENT RELEASE DOCUMENTATION GUIDELINES 1. It is important that the Licensee clearly state the reason(s) for seeking a release from their License Agreement. This should be in a detailed, typed statement from the Licensee. 2. The Appeal for License Agreement Release will not be accepted for review/decision without documentation that supports the reason for the request. In other words, it is the responsibility of the Licensee to provide the information which proves that this case involves a serious, compelling and unforeseen medical or financial circumstance that the Licensee has encountered since the License Agreement was signed, that prohibits the Licensee from fulfilling their License Agreement obligations. It is not the responsibility of the Housing Staff or the reviewer (Appeals Committee) to gather this information on the Licensee s behalf. 3. Decisions are based on the documentation provided. The verdict of a case is delivered to the Licensee in the form of an statement of approval or denial which is sent to the designated address of the Licensee. For an approval of License Agreement Release, the Licensee will be given a time frame in which to officially check out of the residence hall. Failure to check out within this time frame may negate the License Agreement release. For a denial of License Agreement release, APPEALS COMMITTEE DECISIONS REVIEWED BY THE DIRECTOR ARE FINAL and cannot be further appealed. 4. Listed below are some examples of the types of documentation which may be provided in support of an Appeal for License Agreement Release. This list is not meant to be exhaustive, but rather an indication of the types of materials which may be useful as the Licensee gathers information to prove that a License Agreement Release is warranted. Remember, the burden of proof rests with the Licensee. When thinking of how to prove the validity of an Appeal for License Agreement Release (proving a serious, compelling and unforeseen change), cover all aspects of the situation, use a logical sequence to show how and why this request meets the guidelines for a License Agreement release. Thorough documentation is essential. 5. Failure to maintain grade point averages, causing a loss of financial aid, does not constitute a successful appeal. Medical: Licensee must provide a signed, detailed explanation from a physician (general practitioner or specialist) detailing exactly how the particular medical/psychological problem is negatively impacted by residence hall living; the physician needs to make an explicit statement recommending moving out of the residence hall environment because of this specific problem. Specific information about the illness/injury, date that it first occurred, treatment plan, follow up visits, expected duration, special equipment needed, etc. are necessary. Financial: Licensee must provide any type of financial record that shows the change in financial status that causes the Licensee to be unable to fulfill his/her License Agreement obligation. To prove that a decrease in income/revenue has taken place, it is necessary to show documentation of the state of finances prior to the change in circumstances. Documents such as pay stubs, tax forms, bank statements, leases, note from employers, etc., can generally verify the financial state of a Licensee and/or parents prior to any change that may have occurred. It is important to be able to verify the date that the financial change occurred, the cause of the problem, and any actions taken to attempt to alleviate the financial strain. Are there any benefits, loans, or grants that may be obtained to attempt to alleviate the problem? Documentation of the financial state after the change occurred is necessary. Layoff notices, unemployment compensation reports, insurance reports, unanticipated bills not covered by insurance, bankruptcy petitions, divorce decrees, wills, pay stubs, are all types of documents which may be useful depending on the individual circumstances. Again, the point is to prove that a significant and unforeseen change has occurred since the License Agreement was signed. It is important to note that if a Licensee is considered financially dependent (by financial aid and federal government guidelines), the parents financial information must be considered even if the parents say they are not contributing to the Licensee s education. Licensee: Initial that you have read the above information and are aware of your responsibilities as it relates to the License Agreement Release process. 2