TERMINATION OF AGREEMENT
The Resident or the University may terminate this Agreement only pursuant to this provision.
Termination by the Resident:
a. If written notice of termination is received by the Department of Residential Life prior to the beginning of the Agreement term for occupancy, the Agreement will be cancelled, subject to Refund and Forfeiture Policies as set forth below. The termination shall be effective upon receipt of the written notice by the Department of Residential Life.
b. After the Agreement term for occupancy begins, the Resident may apply in writing to the Department of Residential Life to request approval for a termination of this Agreement under the following circumstances:
(1) Loss of student status, taking a leave of absence, withdrawal from the
University, or failure to attend.
(2) Assignment to a University-sponsored study abroad, internship, research, or other University program that requires living away from San Diego.
(3) Completion of graduation requirements during the term of the Agreement.
(4) Marriage. (Presentation of proof of marriage is required.)
(5) Unforeseen and compelling circumstances that, in the judgment of the Director of Housing, entitles the Resident to special consideration. [Special note on medically related requests: Resident must provide the University’s Office of Disability Services with appropriate documentation from a licensed health care or mental health professional to determine eligibility for accommodations. Disability Services will review the documentation to determine appropriate accommodations. When possible, the first priority will be to accommodate the Resident’s documented disability through available on-campus options before waiving the freshman residency requirement or canceling the agreement.]
If you think that you have significant personal or financial challenges that will not allow you to fulfill your Housing Terms and Conditions, the first step is to complete this form and work with the Director of Housing. Please note, that USD feels strongly about the added value of the on campus housing experience, and there is a strong, educational rationale behind the current agreement. Therefore, exceptions to the policy are very rare and the cancellation fees noted in both the Terms and Conditions and in this form will still be applicable. You will need your USD email and password to access the form.
Approval of a request for termination of this Agreement is not automatic.
Submitting a release request does not guarantee an approved release from your Agreement or release you of your financial obligation. Termination of this Agreement is effective only upon the University’s approval in writing of the Resident’s request for termination. The University retains the sole and complete discretion to approve or deny a request for termination of this Agreement.
Termination by the University:
a. The University may terminate or temporarily suspend some or all of its responsibilities under this Agreement with or without notice where (1) the University in its sole discretion determines that the continued operation of University housing or dining services for either a set or indefinite period of time is infeasible or impractical; or (2) due to circumstances beyond the University’s control, the University concludes that it is appropriate to suspend housing or dining services for a set or indefinite period of time.
b. The University may terminate or cancel this Agreement if the Resident fails to meet the full terms and conditions stated herein, or for violation of University and/or residence hall policies or regulations as stated in the Archways or the Community Standards or otherwise, which are made a part of the Agreement by reference. In the event the Agreement is terminated for the above reasons, the Resident shall be required to surrender the assigned room under the same terms, conditions, and covenants as would apply under the Agreement if the surrender were to take place at the completion of the Agreement term.
c. If the University terminates or suspends its responsibilities under the Agreement pursuant to this section, Resident shall continue to be responsible for the performance is his or her responsibilities (financial or otherwise) of the Agreement.
11. ASSIGNMENT OF AGREEMENT
The Agreement cannot be transferred, assigned or sublet by the Resident to another party under any circumstances.