A. Refunds
Termination of this Contract by the University as listed under Section E shall result in total forfeiture of room fees paid to date. Application for refund of room fees shall be made through the Accounting and Finance Office; however, such application shall not be processed until the Office of Residence Life has received written notification of termination of this Contract, the Resident Student has vacated his/her residence and a final check-out has been completed by the Residence Life Staff. Decisions on refunds are made on a case-by-case basis. If a Resident Student voluntarily withdraws from the University and has no indebtedness to the University, a portion of the room fee may be refunded as described below, depending on the date of the formal withdrawal (that date on which the withdrawal forms have been properly completed and returned to the Registrar's Office). Please note that the Resident Student must also notify the Office of Residence Life, in writing. The refund schedule of room fees is as follows:
- Prior to first day of Classes: 100%
- First week of Classes: 100%
- Second week of Classes: 80%
- Third Week of Classes: 60%
- Fourth Week of Classes: 40%
- Fifth Week of Classes 20%
After five weeks of classes, there will be no refund of room fees.Application for refund of room fees shall be made through the Accounting and Finance Office; however, such application shall not be processed until the Office of Residence Life has received written notification of termination of the contract, the Resident Student has vacated the residence, and a final check-out is complete. Please note that the room fee refunds and the schedule thereof, are unrelated to any fees associated with a Breech or Termination of Contract (see II, Part B and XI, Part C).
B. Contract Release after Opening
The Housing Contract is binding for the entire academic year (or if entered into after the start of the fall semester, for the remainder of the academic year). Releases will be approved only for the circumstances listed below:
- Graduation from Mount St. Mary's University.
- Withdrawal from Mount St. Mary's University for the entire Contract period, or the remainder thereof, for the Office of Residence Life approved circumstances.
- Any authorized University special program that makes it mandatory for a Resident Student to be away from the campus (e.g., student teaching, study abroad, internship, practicum, etc.) will automatically release the Resident Student for the time involved, provided that the Contract release is processed.
- Ineligibility to continue enrollment due to failure to meet academic requirements.
- Medical Leave
Numbers One (1) through Five (5) will result in a contract release when they can be appropriately documented.
C. Applying for Release From the Contract
In order to request a release from the Contract, the Resident Student must complete a Request for Release from Housing Contract form. Release from the Contract for any reason other than those described in XII, Part B will result in a $500 fee. If the Resident Student has occupied the assigned residence, he/she must follow proper check‑out procedures with the Residence Life Staff. Occupancy is defined as issuance of a key to the Resident Student for a specified residence and does not require actual physical presence by the Resident Student and his/her belongings. Failure to check-out properly will result in a $50 improper check‑out charge. If the housing bill is paid and the Resident Student is later released from the Contract, a prorated refund will be processed. If the Contract release is approved, the check‑out and removal of personal items must be completed within 24 hours of the Contract release. Until the Request for Release from Housing Contract form is received and approved by the Office of Residence Life, the student will still be responsible for all housing costs incurred.
D. Remedies
If the Resident Student materially breaches this Contract, the University may, at its election, terminate this Contract, retain all payments made hereunder, or in the alternative, it may elect any other remedy in law or in equity including but not limited to specific performance of this Contract and damages. The Resident Student agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by the University in enforcing this Contract. Until all sums due and owing under this Contract are fully paid, the Resident Student may not register for future course work at the University or receive transcripts, diplomas, or degrees.
E. Contract Termination by Mount St. Mary's University
The University reserves the right to terminate this Contract for the following reasons:
- The University will terminate or temporarily suspend performance of any part of this Contract without notice in the event an urgent need would make continued operation of student housing infeasible. In the event the Resident Student’s assigned accommodations are destroyed or otherwise made unavailable and the University does not provide other accommodations, the Contract will terminate, his/her obligation will cease, and payments previously made for room fees will be refunded on a prorated basis.
- The University can terminate this Contract if the Resident Student has:
- breached this Contract; or
- violated State or Federal laws
- provisions of University insurance policies related to the residence halls.
- All payments must be received by the Mount St. Mary's University Accounting and Finance Office on or before the due date indicated on the billing statement in order for the Contract to remain binding. Payments or signed Contracts received late will not be accepted. If the Resident Student submits a late payment, he/she will be reassigned or the Contract will be canceled. If the Resident Student expects to receive financial aid funds after the payment due date, he/she must present verification from the Financial Aid Office regarding the amount of aid he/she will receive.
- If a Resident Student is suspended or restricted on an interim basis from the University and/or University facilities, he/she may be subject to termination of this Contract in accordance with applicable University rules and procedures.
- Resident Student drops below full-time student status (12 credits per academic semester).
- To preserve order, health, safety or discipline, in the discretion of the University. As well as circumstances in which the Resident Student's continued occupancy of the residence is deemed to pose a danger to the Resident Student or others.