1. Agreement
1.1 Under this accommodation Contract, the University agrees to provide:
- a collegiate environment in the College which promotes and fosters a supportive and inclusive community which support the wellbeing and safety of residents;
- access to the College's programme of social, academic and community activities
1.2 The Resident agrees to:
- comply with the obligations of this contract and all requirements and directions provided for under this contract;
- participate and contribute to the supportive and harmonious atmosphere of College, showing consideration towards other residents and neighbours, and to College property;
- pay all required fees in the manner and time established by the Contract Payment Schedule together with any penalty provided for.
1.3 The Resident acknowledges that, in order to meet public health advice, the University may fulfil its obligations under this agreement in a manner that differentiates between residents on the basis of their vaccination status.
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 Warden of College shall be entitled to terminate this contract at any time:
- if any information provided in support of the application for residence or in any other information provided to the college is found to be false or incomplete in any material particular;
- 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;
- where justified on disciplinary grounds;
- for the failure to make timely payment of fees;
- where the University is satisfied that the Resident's state of mental or physical health (including their compliance with relevant government mandated vaccination requirements) or the adverse impact of their continued residence in the College makes termination appropriate having regard to the interests of the Resident or of the College community;
- should the University require the Resident to vacate the College as a consequence of storm, fire, flood, earthquake, pandemic or any similar event, or because of the risk of such events, or for the purpose of undertaking works intended to protect against them.
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.
3.3 In the circumstance described in 3.1(c), (e) or (f) the University may suspend the Resident's right to reside in the College for such time the circumstances make reasonably necessary.
4. Liability for fees
4.1 This contract is in respect of residence for the period shown in the Contract Payment Schedule. Except as set out in the College Handbook or as otherwise agreed, 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 by either party (other than under clause 3.1(e) and (f)) the Resident is liable for a penalty of $500 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 If following termination under clause 3.1(f), it has not been possible to transfer the Resident to another College under clause 3.2, the Resident's liability for fees shall cease from the time of termination. In such cases the University shall use its best endeavours to offer the Resident suitable alternative accommodation or to secure such an offer for them.
4.5 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. Any resident who does not agree to this can withdraw their permission in writing to the College Warden.
5.5 The Resident acknowledges they have provided their dietary information including any food allergens and that the kitchen will take all reasonable care to ensure that College meals are free from allergens. The Resident also acknowledges that they will take personal responsibility in managing their allergen condition.
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 College is required to operate appropriate welfare safeguards and for that reason staff of the College shall have the right to access the Resident's room at any time for the purpose of a Welfare Check (as defined in the Education (Pastoral Care of Tertiary and International Learners) Code of Practice in relation to the Resident or of any other member of the College community
6.4 The staff of the College shall have the right to access the Resident's room for routine checks provided they have given the resident 24 hours' notice.
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):
- formal and informal warnings;
- requirements to undertake work and/or attend programmes or counselling;
- 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;
- restrictions on activities, including alcohol bans and non-association or non-attendance requirements;
- 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 Warden of College, but this sanction may be reviewed through the appeals process below.
7.3 The process to be followed is outlined in the College handbook. 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 Warden 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.
8. Appeals
8.1 Where any decision where a disciplinary sanction is imposed by a person other than the Warden of the College, the Resident shall be entitled to have that decision reviewed by the Warden of College.
8.2 Where (a) a disciplinary sanction has been imposed by the Warden of the College, or (b) the Resident is not satisfied with the outcome of a review performed by that person, or (c) action is taken by the College under clause 3.1(e) the Resident may, within seven calendar days of being notified of the relevant decision, submit an appeal against the relevant decision to the University's Director of Campus and Collegiate Life Services (“the Director”).
8.3 The grounds on which an appeal may be brought under this clause are (a) that the decision will cause unreasonable hardship to the Resident; (b) that the decision was reached without giving the Resident a fair hearing, or by a process that was otherwise unfair,(c) the Resident wishes to put forward newly available information which could not have been provided when the decision was made (d) the consequences of the decision are manifestly excessive having regard to the circumstances. An appeal shall be in writing and set out the grounds the Resident relies on for the appeal.
8.4 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.
9. Complaints
9.1 The Resident can make a complaint in writing to the Warden of their College. If the matter is about or involves that Warden the complaint can be made in writing to the Senior Warden of Colleges. If the matter is about or involves the Senior Warden of Colleges the complaint can be made to the Director of Campus and Collegiate Life who may appoint a nominee.
9.2 Where a Complaint has been made by the Resident the process outlined in the College Handbook will be followed.
9.3 Nothing in this agreement limits any right the Resident has to pursue a matter under a Dispute Resolution Scheme established under section 536 of the Education and Training Act 2020.