The Michigan Daily - Friday, February 10, 1984 - Page 9
'U'conduct cAe based on policies at other schools
(Continued from Page i
tionable stuJent behavior.
The proposed code, which has been in
the works for nearly three years, would
prohibit such things as theft, sexual
assault, arson, and some kinds of civil
disobedience.
Those who back the code say it is
needed to give the University a fair and
effective lever to expel dangerous
students from campus. They say that in
several past cases of arson, burglary,
and sexual assault, the University has
either been unable to expel students or
could only do so through extraordinary
means.
OPPONENTS of the code, however,
argue that at best it is an unacceptable
regression to a 1950s-type paternalism
at the University. At its worse, they
say, the code denies students many
civil rights and could be used as a
weapon against students who par-
ticipate in protests, such as sit-ins or
rallies, against the University.
At least one school contacted by the
Daily used their conduct code to crack
down on sit-ins.
In the past three years, students par-
ticipating in two separate sit-ins at the
Chancellor's office at the University of
Other codes address
civil disobedience
California's Berkeley campus were put
on probation by the school's judicial
system, said Roland Maples,
Berkeley's deputy director of student
activities and services.
BUT MOST universities, like
Indiana University, include sections
prohibiting things like sit-ins or
heckling at rallies in their codes but fail
to punish students for such acts.
Although Indiana's code has allowed
the school to punish students "who ac-
ted improperly at an activity," Russel
Bumba, the dean of students, said he
can't remember any time when the
college has done so.
Officials on Ann Arbor's campus say
that, in effect, the University currently
is in a situation similar to colleges like
Indiana. A set'of rules that could be ap-
plied to civil disobedience exist here,
but have never been used, they say.
IF CIVIL disobedience was all the
University wanted to crack down on, it
could do it with the present code.
Although all the schools say they can
punish students charged with sexual
harassment, this University's code is
one of the few which would specifically
address that problem.
Communications Prof. William,
Colburn, who headed the committee
which originally drafted the Univer-
sity's proposed code says that one of the
group's main goals was preventing
sexual harassment. Colburn said he
was optimistic that the proposed code
would do that effectively.
The University's code is more
general compared to other schools
because it focuses on more serious of
fenses rather than the smaller
violations on which other schools con-
centrate.
FOR INSTANCE, at Boston Univer-
sity, violations range from major offen-
ses such as physical assault to failing to
notify the university when changing
addresses.
Michigan State University's code
specifically prohibits "throwing objects
from (the) windows" of school
buildings.
Representatives from the schools
surveyed also said their judiciary
systems were used in varying amounts.
Michael Bell, who presides over the
University of Maryland's misconduct
cases said he hears between eight and
ten cases a month. Berkeley's Maples
and Indiana's Bumba said they see that
many in a year. Most of those cases in-
volve small thefts and vandalism, they
said.
Military
research
debated
Proposed conduct code covers
everything from abetting to yelling
The University of Michigan
Ann Arbor Campus
PROPOSED STUDENT CODE
OF NONACADEMIC CONDUCT
January 23, 1984
Section 1. Introduction.
The purpose of the Student Code of Nonacademic
Conduct is to help protect the safety and well-being of
the campus community and assist the University in
providing an environment that supports the
educational process. The responsibility for main-
taining such an environment is shared by all mem-
bers of the University community.
This Code defines what conduct of a non-academic
nature is prohibited and what sanctions may be im-
posed for violations of these prohibitions. The
University Judicial System lists the rights of accused
students and specifies how cases are to be processed
(i.e., investigated, tried, appealed and decided).
Prohibited acts of an academic nature (e.g.,
plagarism, cheating, fabrication, falsification of
academic records, and aiding and abetting
dishonesty) will normally be processed by the in-*
dividual schools and college of the University.
Any person may refer a student suspected of
violating the Student Code to *or a designee. Persons
making such referreals are required to provide in-
formation pertinent to the case and will be expected
to appear at a hearing.
Section 2. Jurisdiction.
Subject matter jurisdiction of the University
Judicial System shall be limited to alleged violations
of the Student Code of Nonacademi Conduct as
promulgated by the President under the authority of
Regents' Bylaw 2.01. Individual personal jurisdiction
shall be limited to persons enrolle or registered in
the University on a full or part-tine basis or par-
ticipating in a University degre program. Within
these limitations, the Judicial System shall have
jurisdiction over all of the following Code violations:
those committed on University property or at
University sponsored activities, such as. class.
organization, or team trips or meetings and those
committed in University affiliated housing, such as.
fraternity and sorority houses and cooperatives. This
provision shall not be construed, however, to limit
administrative decision-making by University units.
e.g., Housing Division lease enforcement, nor shall
it limit professional school disciplinary or character
and fitness proceedings. Nor does it limit the
establishment and enforcement of adacemic codes of
conduct by individual schools, colleges, and depar-
tments.
Section 3. Prohibited Conduct.
The following misconduct is subject to disciplinary
action:
" intentionally or recklessly causing physical harm
to any person. or intentionally or-recklessly causing
reasonable apprehension or threat of such harm.
" intentionally threatening or harassing any per-
son.
" intentionally or recklessly burning or setting fire
to any building or starting any unauthorized fire in
any building.
* making an unwelcome sexual advance,
requesting sexual favors, or other verbal or physical
conduct of a sexual nature when such conduct has the
purpose or effect of substantially interfering with an
individual's academic or professional performance
or privacy or creating an intimidating, hostile, or of-
fensive employment, education, or living environ-
ment.
" intentionally [or recklessly] and significantly in-
terfering with a normal University or University
sponsored activity, including, but not limited to.
studying, teaching, research, class attendance,
University administration, or fire, [police] safety, or
emergency service.;
" intentionally [and substantially interfering with
the freedom of expression of another] and significan-
tly violating the University's Freedom of Speech
Statement.
" intentionally initiating or causing to be initiated
any false report. warning, or threat of fire, ex-
plosion, or other emergency.
" unauthorized use, possession, or storage of any
firearm or [any] dangerous weapon.
" unauthorized use or possession of fireworks.
" theft of property or of services.
* intentionally misusing fire safety equipment.
" intentionally or recklessly destroying or
damaging the property of another.
" knowing possession of stolen property.
* unauthorized presence in or use of University
premises, facilities, or property, when the individual
knows such presence is unauthorized.
" knowingly furnishing false information to the
University, when such information is needed for an
official University purpose.
" forgery, unauthorized alteration, or unauthorized
use of any University document or instrument of
identification.
" unauthorized distribution or possession for the1
purpose of distribution of any uncontrolled substance
or illegal drug.
" violation of a published University regulation or -
policy that has been approved by the President. Such
regulation or policy may include but is not limited
a residence hall lease, Housing Division regulation,
or library rule or regulation. It also includes any
regulation relating to entry and use of a University
facility; sale or consumption of an alcoholic
beverage; use of a vehicle use of a computer:
misuse of an identification card; hazing; or any
other rule referred to in Section 10, below.
Section 4. Attempts.
An attempt tocommit an act prohibited by the
Student Code of Nonacademic Conduct may be
punished to the, same extent as a completed
violation. To constitute an attempt. the individual
must specifically intend to commit the prohibited act
and must'do so in pursuance of that intent that
amounts to more than mere preparation. There must
also be an apparent ability to commit the prohibited
act.
Section S.Aiding and Abetting.
Intetnionally aiding another to commit an act
prohibited by the Student Code of Nonacademic Con-
duct may be punished to the same extent as the aided
or encouraged violation.
Section 6. Failure to Appear or Testify.
Failure to comply with a request from a University
Judicial System Hearing Officer to appear or testify
in a University Judicial System hearing is miscon-
duct and subject to disciplinary action. A person may
pet ition the Hearing Officer to be excused from ap-
pearing or testifying. Such petition must be submit-
ted to the Hearing Officer a reasonable time before
the subject hearing.
Section 7. Violating the Terms of
Disciplinary Sanctions.
Knowingly violating the terms of any disciplinary
sanctions imposed in accordance with this Code is
misconduct and subject to disciplinary action. The
Hearing Officer or Hearing Board who imposed the
original sanctions shall determine what, if any, ad-
ditional sanctions shall be imposed.
Furthermore, in a case of restitution, a hold-credit
may be administratively imposed for failure to pay
the restitution.
Section 8. Amendments. i
Amendments to this Code must be approved by the
Regents, on recommendation of the President and
with the advice of the University Council, Academic
Affairs Advisory Council, Senate Assembly, and
Michigan Student Assembly.
Section 9. Sanctions.
One or more of the following sanctions may be im-
posed for a violation of the Student Code of Academic
Conduct:
" EXPULSION: The student is separated in-
definitely from the University. During the period of
expulsion, the student may not participate in any
'University sponsored activity and may be barred
from University premises. Permanent notification of
the expulsion may appear on the student's tran-
script. The student may petition the Vice President
for Student Services or a designee* for permission
to apply for readmission to his or her former
academic unit or admission to a new academic unit
after a specified time has elapsed and/or other
specified conditions have been met. To actually be
readmitted or admitted, the student must be accep-
ted by the unit to which he or she applies.
" SUSPENSION: the student is separated from the
University for a specified period of time. Permanent
notification may appear on the student's transcript.
During the period of suspension, the student may not
participate in any University sponsored activity and
may be barred from University premises. Suspended
time will not count against any time limits [of the
Graduate School] for completion of a degree,
however, the student must be accepted for read-
mission by his or her former academic unit or for
admission by a new academic unit.
" DISCIPLINARY REPRIMAND: the student is
warned that further misconduct will result-in more
severe disciplinary action.
. RESTITUTION: the student is required to make
payment to the University or to another person,
group, or organization for damages incurred as a
result of a violation of this code.
* OTHER SANCTIONS: other sanctions ap-
propriate to the situation may be imposed instead of
or in addition to those specified in sub-sections of
Section 9 above:For example, a student may be sub-
ject to dismissal from University housing for a
disciplinary violation which occurred in a residence
hall or family housing. Likewise, a student may be
restricted from all or parts of the campus. The
student may also be forbidden from representing the
University in any extracurricular activity or running
for or holding office in any student organization or
team for 2 specified period of time. An unauthorized
firearm or weapon may be confiscated. Library
privileges may be revoked or liniited. A work.
research; or public service project may be assigned.
A student may also be. required to participate in an
appropriate counselling program.
The sanctions imposed must reasonably reflect the
seriousness of the misconduct. The sanctions should
not focus on retribution, but should consider the
safety of the community. the integrity of the Univer-
sity, and the personal development of the respon-
dent. The violation record of the student may be con-
sidered when deciding upon sanctions. In imposing
sanctions, the following guidelines will be followed:
A person violating the first three sub-sections of
Section 3 may be punished by sanctions described in
Section 9.
A person violating Secs. 3d-3r may be punished by
sanctions descirbed in Secs. 9c-e. except that san-
ctions described in Secs. 9a-b may be imposed for a
repeat or particularly dangerous or grievous
violation.
A person violating Secs. 4 or 5 may be punished up
to the maximum of the attempted (Sec. 4) or aided
(Sec. 5) violation.
A person violating Sec. 6, Failure to Appear or
Testify, may be punished by sanctions described in
Secs. 9c-e.
A person violating the terms of any sanctions. Sec.
7, may be punished by sanctions described in Secs.
9a-e.
Sanctions imposed by other authority for the same
violation, such as lease termination from University
Housing or sentence imposed by a criminal court,
must also be considered and additional sanctions
may only be imposed by the University Judicial
System if it is determined that the sanctions already
imposed are inadequate given the circumstances of the
violation. If sanctions are imposed by other authority
after the imposition of sanctions by the University
Judicial System, the proceedings may be reopened to
enable an appropriate adjustment in the sanctions
imposed.
Section 10. Other Rules.
Some of the other rules of behavior in effect at The
University of Michigan, violations of which may sub-
ject one to processing under this Code and the
University Judicial System. are:
" Hazing Policy:
* Housing Division Regulations:
" Student Accounts Regulations:
" Sexual Harassment Policy :
" Library Rules and Regulations:
"r Recreational Services Rules and Regulations;
" Rules on Firearms and Other Dangerous
Weapons:
* Computer Center Conditions of Use Policy and
Authorization and Charge Policy.
Violations of Academic Codes of Individual Schools
and Colleges will normally subject one to processing
under the academic code and procedures of the
school or college.
Notes:
*Options-New Judicial Officer/Judicial System
Administrator or existing member of Vice President
for Student Services' Staff.
**The Vice President for Student Services has been
recommended by the University Council to be
responsible for running the University Judicial
System, but the Council has no objection to placing
(Continued from Page 1)
ch, but some of us have the courage to
speak out while others cannot,"
Skolomowski said.
"We are engulfed by a nuclear mad-
ness and we must halt this madness,"
he said. "If not at the University of
Michigan and other places like, it, than
where can we stop it?"
LSA JUNIOR Brent Haynes who
works at The Michigan Review said
PSN members unfairly assume that
most students object to military
research.
"Our leaders are addicted to the con-
cept of military research. We have to
break that addiction," Kerson said
suggesting that the University adopt
guidelines to limit research on campus
that could eventually destroy human
life.
When audience members asked
Shapiro if he would do something about
military research on campus he said he
wouldn't cut money from the budget,
but he would support further discussion
of the issue,
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