The Michigan Daily - Wednesday, April 23, 1986 -Page 5
The following is the draft of the
"emergency procedures" released
by the University Council last
Thursday. The draft is the product
of year and a half of deliberations,
after the council was asked to find
an alternative to the controvesial
code of non-academic conduct
proposed by the administration.
I. PURPOSE
The purpose of these procedures is to provide a
rational and humane means for protecting mem-
bers of the University community from violent ac-
ts, including arson. The intent is not to punish
those who come under the jurisdiction of these
procedures, but rather to protect community
members from violence and from the erosion of
their individual rights. These procedurese are a
supplement to the criminal justice system.
ACTS COVERED BV THESE
PROCEDURES
A. Violent act: an assault with a gun, revolver,
pistol, knife, iron bar, club, brass knuckles, or
other implement traditionally used as a weapon;
an assault with intent to inflict serious or
aggravated injury; an assault which inflicts
serious or aggravated injury; criminal sexual
conduct in the first, second, or third degree as
defined in Michigan Penal Code Secs. 520a-5201;
arson: or attempted arson.
B. Threat of a violent act: any act that creates a
serious and reasonable apprehension of a violent
act as defined above.
C. These procedures shall apply to acts of studen-
ts, members of the teaching staff, executive of-
ficers, deans, and directors, committed on Univer-
sity premises, at University sponsored events
(such as class or team trips of meetings), or off
campus if the complaintant or the accused is ac-
ting in an official University role or capacity.
IV. PROCEDURES
A. Referral
1. When a member of the University community
has notice of a situation involving a violent act or a
threat of such an act, his or her first responsibility
shall be to notify the Ann Arobor police or Campus
security (Department of Public Safety and
Security, Housing, Security, or Hospitals
Security). The Central Coordinator* shall be
notified as soon as possible thereafter.
2. When Campus Security has notice of a violent
act or a threat of such an act, it shall notify the
Central Coordinator as soon as possible.
B. Interim Evaluation
1. Emergency disposition. The Central Coor-
dinator, when aware of a situation involving a
violent act or a threat of such an act, shall evaluate
the situation in accordance with the following
procedures. The evaluation and disposition of the
case shall be completed within 48 hours or as soon
thereafter as reasonably possible.
A. The Central Coordinator shall determine if
the reported situation is within the jurisdiction
of these procedures pursuant to Sections II and
III.
b. If the jurisdictional assement is affir-
mative, the Central Coordinator shall then
give the accused written notice of: the charge(s),
the accused's rights, and the resources
availaboe to the accused (to include consultation
and representation from any source such as
Student Legal Services). The accused and the
victim(s) shall be given a copy of these
procedures.
c. If the accused claims the case is covered by
Sec. II.C, the Central Coordinator shall prom-
ptly notify the Chair of the University Council.
d. After the notice required in Sec. b, above,
has been given, the accused shall be given an
opportunity to appear personally before the
Central Coordinator. When possible the Cen-
tral Coordinator's investigation shall also in-
clude interviews of witnesses. The Central
Coordinator shall consider the nature of the
event, the parties involved, the whereabouts of
the accused, and any assessment of the
emotional or mental health of the accused and
of any treatment or supervision being afforded
the accused.
e. From the findings of the investigation, the
Central Coordinator shall determine whether
there is probable cause to believe that the ac-
cused committed a violent act or has
threatened such an act and that the accused
poses a serious threat to the safety of members
of the University community. Upon a finding
of probable cause, the Central Coordinator
may take any of the following actions:
(1) The Central Coordinator may call
emergency psychiatric care of other
professionals, if appropriate.
(2) The Central Coordinator may make an
emergency disposition on the basis of the
threat the accused poses to the safety of
members of the University community as
assessed above. Any restrictions imposed
shall be in proportion to the assessed threat
and shall be the minimum necessary to
protect against such threat. The Central
Coordinator shall attempt to minimize inter-
ference with the student's academic
schedule.
(a) Restrictions may be imposed with
respect to such matters as contact with in-
dividuals, presence in campus buildings,
residence hall occupancy, participation in
University activities, and class attendan-
ce. Such restrictions shall be limited to
fourteen calendar days.
(b) Counselling may be required,
f. The accused, the victim, the Chair of the
University Council, and the University
Council, and the University President shall be
notified of the Central Coordinator's decision
and the reasons for the decision as soon as
reasonably possible.
2. Appeal of the Emergency Disposition to the
University Council. The accused or the victim
may appeal any emergency disposition.
a. The request for an appeal shall be com-
municated in writing to the Chair of the
University Council or to the Central Coor-
dinator within one week after the emergency
disposition decision.
b. If timely, the appeal shall be heard by a
subset of the University Council (the Council
Emergency Review Panel) comprised of one
student, one faculty member, and one ad-
ministrator each selected in rotation by the
University Council.
c. The Council Emergency Review Panel shall
begin the review of any appeal withing 48
hours after receipt of the written request or as
soon as possible thereafter.
(1) The review shall be limited to assessing
the procedures followed by the Central
Coordinator in reaching the emergency
disposition, the effect of any new evidence,
and the reasonableness of the disposition.
(2). The review may be limited to the
record, written appellate statements by the
accused and the Central Coordinator, and
any significant new evidence. In addition,
the Review Panel may permit the accused to
appear. If such permission is granted, the
accused may appear with a representative
who may be an attorney.
d. The Council Emergency Review Panel may
uphold the emergency deposition, lessen it, or
rescind it. The Panel may also refer the case
back to the Central Coordinator for further in-
vestigation. The Panel may increase the
severity of the restrictions but only if
significant new evidence warrants it. If the
Panel determines that an act in violation of
University rules may have occured but that
the accused does not present a serious threat
to the safety of University community mem-
bers, the case may be referred to the ap-
propriate hearing body or University official.
C. - Evaluation Hearing
1. Teaching staff, executive officers, deans, and
directors evaluation. For a member of the
faculty, an executive officer, a dean, or a direc-
tor, if action beyond the emergency disposition
seems appropriate, the University Council shall
refer the case to the appropriate University of-
ficial for further disposition.
2. Student evaluation. For a student, an
evaluation hearing may be held to determine
whether the accused continues to present a
serious threat to the safety of University com-
munity members.
a. The evaluation shall determine whether the
restrictions imposed by the emergency
disposition should be extended to protect the
safety of community members or whether th-
ey should be lessened or amended, in accor-
dance with the policy of keeping restrictions in
proportions to the risk of violence.
b. Such heating must begin within fourteen
calendar days after the effective date of the
emergency disposition, unless the accuse
requests and is granted delay by the Univer-
sity Council. If such delay is granted, the
Board may extend any emergency restrictions
or conditions that had been imposed in the
emergency disposition.
c. The accused and victim shall be given
notice of the hearing date and the specific
complaint, including a summary of the
evidence and a list of likely witnesses, at least
five days before the hearing.
d. The hearing shall be conducted by a four
person Board comprised of two students, a
member of the faculty, and an administrator.
At the beginning of each year, MSA, SACUA,
and the President shall establish a pool of in-
dividuals from which the hearing members
shall be randomly selected for each case. If
MSA, SACUA, or the President fails or is
unable to establish a pool of students, faculty,
or administrator members, the University
Council shall establish such a pool. The mem-
bers of the Hearing Board shall select one
member to serve as chair, who shall act as
point of contact and facilitator for the Board.
(1) The Board shall select a site for 'the
hearing that will be suitable to the decorum
appropriate for such a hearing, but which
will not be intimidating to the accused or the
victim. For example, the hearing should not
take place in an administrator's office.
(2) The hearing shall be open to the public
unless closed by the Board, for good cause
shown, and at the written request of the ac-
cused or the victim.
(3) A tape recording of the hearing shall be
made. The tapes shall be kept by the Central
Coordinator. Access shall be subject to the
University's Student Records Policy. The
tapes shall be destroyed three years after
completion of the hearing.
(4) Any party or Board member may
challenge a Board member on the grounds of
bias. A Board member shall be disqualified
if the remaining Board members agree that
the challenged member may be biased. A
replacement for a successfully challenged
member shall be selected from the same
group as the challenged member, as
described above.
(5) The accused shall appear before the
Board. If an accused fails to appear after
proper notice, the hearing may proceed and
disposition may be made without the ac-
cused's participation, unless the accused can
establish that there are circumstances
beyond his or her control that make ap-
pearance impossible or unusually burden-
some. An accused may petition the Hearing
Board to be excused from appearing or for a
delay in the hearing. Such petition must be
submitted to the Board a reasonable time
before the hearing.
(6) An accused has the right to remain silent
at the hearing. The exercise of this right
may not be considered in any findings,
decisions, or recommendations.
(7) The accused shall have the right to have
at the hearing a representative who may be
an attorney. Students may request
representation from Student Legal Services.
(8) The accused shall have the right to
present and challenge evidence and to
present and question witnesses.
(9) Although the Hearing Board is not bound
by common law or statutory rules of eviden-
ce, evidence must have reasonable
probative value to be admitted. Irrelevant,
immaterial and unduly repetitious evidence
shall be excluded.
(10) Normally no testimony shall be ad-
missable unless the other party is afforded
the right of confrontation and a reasonable
opportunity for cross-examination. If a wit-
ness is unavailable, the Hearing Board shall
determine whether written testimony of
such witness shall be admitted.
(11) Evidence obtained by a means found by
the hearing Board to be basically unfair
shall not be considered.
(12) The Hearing Board shall consider any
prior findings of fact made by a criminal
court.
e. The Hearing Board may take any of the
following actions (the imposition of
restricitions requires the unanimous
agreement of the Board):
(1) Dismiss the case.
(2) Impose restriciton on the accused. Any
restricitons imposed shall be in proportion to
the assessed threat and shall be the
minimum necessary to protect against such
threat. The Hearing Board shall attempt to
minimize interference with the student's
academic schedule. The Hearing Board
shall set a definite time when any restric-
restricitons imposed as a result of the
evaluation hearing shall lapse or be
reevaluated. These restrictions shall be ef-
fective wthout a reevaluation for no longer
than fifteen weeks from the date of the
evaluation hearing, unless the accused is not
available for a required reevaluation
hearing(see Sec. 4, below). Restrictions
may be imposed with respect to contact with
individuals, presence in campus buildings,
residenct hall occupancy, participation in
University activities, and class attendance.
(3) Require participation in an appropriate
coueiig tpogram for a fixed period of time or
as a condition to the lifting of restrictions.
f. The Hearing Board shall issue a written
decision, a copy of which shall be given tot he
accused, the victim, the Central Coor-
LSA SCHOLARSHIP
COMMITTEE
MERIT AWARD
RECI PIENTS
John Joseph Beaulieu
Jonathan A. Boyd
Albert Di Piero
Roy Kiplinger
David P. Olson
Robert Salkin
Joel Schrag
dinator, the Chair of the University Council,
and the President.
g. The University Council shall periodically
publish brief reports of the matters to which
these procedures have been applied. The
reports shall be in a form calculated to achieve
wide publicity in the University community
designed to maintain the anonymity of vic-
tims and accused students.
3. Appeal of the Evaluation Hearing. An ac-
cused may appeal the evaluation decision.
a. The request for an appeal shall be com-
municated in writing to the Chair of the
University Council or to the Central Coor-
dinator within seven calendar days after the
date of the evaluation decision.
b. If timely, the appeal shall be heard by a
subset of the University Council not previously
involved in the case (the Council Evaluation
Review Panel) comprised of one student, one
faculty member, and one administrator selec-
ted by the University Council.
c. The Council Evaluation Review Panel shall
begin the review of the appeal within seven,
calendar days or as soon as possible thereafter.
(1) The review shall be limited to assessing
the procedures followed by the Hearing
Board in reaching the evaluation decision
and the reasonableness of the disposition.
(2) The review may be limited to the record'
and written appellate statements by the ac-
cused and the Central Coordinator. In ad-
dition, the Review Panel may permit the ac-
cused to appear. If such permission is gran-
ted, the accused may appear with a
representative who may be an attorney.
d. The Coucnil Evaluation Review Panel may
uphold the Hearing Board disposition, lessen
it, or rescind it. The Panel may also refer the
case back to the Hearing Board for further in-
vestigation. If the Panel determines that an
act in violation of University Rules may have
occured but that the accused does not present
a serous threat to the safety of University
community members, the case may be referred
to the appropriate hearing body or University
official.
4. Reevaluation. If the Hearing Board of CounciL
Evaluation Review Panel imposed a
requirement that any restrictions or conditions
imposed on the accused be reevaluated, the,
Central Coordinator shall conduct a preliminary
reevaluation at the designated time. If the Cen-
tral Coordinator determines that the restrictions
or conditions habe been met or are not longer,.
necessary, they shall lapse. If the Central Coorn
dinator determines that the restrictions have nM
See DRAFT, Page 7
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