The Michigan Daily - Monday, October 12, 1992- Page 7
Statement of Students' Rights and Responsibilities 12.2
(con't from pg. 4)
Misuse of the disciplinary proce-
dures, including
(a) failure to obey the summons of a
hearing body or judicial advisor.
(b) knowingly falsifying or misrep-
resenting information before a hearing
body.
(c) disruption or interference with
the orderly conduct of a hearing
(d) knowingly initiating a disciplin-
ary proceeding without cause.
(e) attempting to influence the im-
partiality of a member of a hearing body
prior to, and/or during the course of , a
hearing.
(f) harassment and/or intimidation
of a member of a hearing body or of a
witness prior to, during and/or after a
disciplinary proceeding.
(g) failure to comply with the
sanction(s) imposed by the hearing body
(h) influencing or attempting to in-
fluence another person to commit an
abuse of the disciplinary procedures.
B. Actions off campus
While the conduct of students on
campus is of concern to members of the
academic community, student actions
off campus may also negatively affect
the security of the community and/or the
integrity of the educational process. The
University has differentiated these by
the nexus to the institution and the egre-
giousness of the violation. While all
illegal conduct by students is abhorrent
to the University, the ability to gather
evidence, including testimony of wit-
nesses, limits the institution from pursu-
ing most violations which occur at a
distance from the University.
1. The following actions committed
off campus will result in a challenge
through the student judicial system if
they occur at University-affiliated events
or facilities, including Greek chapters
and coops:
(a) illegal use, sale, distribution, or
manufacture of alcohol or other drugs
(b) physical assault, battery, and
endangerment
(c) murder
(d) arson
(e) harassment
(f) hazing
2. The following violent actions, if
they occur in Ann Arbor, can be chal-
lenged through the student judicial sys-
tem:
(a) physical assault, battery, and
endangerment
(b) murder
(c) arson
3. The following actions, regardless
of where they occur, can be challenged
through the student judicial system:
(a) sexual assault
(b) rape
(c) harassment
(d) fraud against the University
Section VI: Regents' Bylaw 2.01
The Board of Regents of the Univer-
4sity of Michigan in Regents' Bylaw 2.01
-has given the President of the University
the authority for "the maintenance of
health, diligence, and order among the
students." In cases in which student
behavior interferes with the University's
ability to maintain those conditions, the
President, working through designated
University officials, normally will refer
a student case to the hearing procedures
outlined in the procedures section of this
document.
PROCEDURES FOR RESPOND-
ING TO VIOLATION OF THESE
STANDARDS
I. Purposes of the Procedures
These standards and procedures have
been established by the University to
protect its educational purpose, to pro-
vide for the orderly conduct of its activi-
ties, to protect the victims of crime, and
to safeguard the interests of the Univer-
sity community. These disciplinary pro-
cedures used by the University are con-
sidered part of its educational process
and reflect the philosophy of peer educa-
tion and evaluation. Hearings or appeals
,onducted as a part of this process are
not courts of law and they are not subject
to many of the rules of civil or criminal
hearings. Because some of the viola-
tions of these standards are also viola-
tions of law, students may be account-
able to both civil authorities and to the
University for their actions. Disciplin-
ary action at the University will nor-
mally proceed not withstanding any civil
or criminal proceeding.
II. Emergency Suspension
If a student's actions indicate that his
or her continued presence on campus or
participation in University activities
poses an imminent danger to persons or
property, the Vice President for Student
Affairs may take emergency action
through an immediate suspension. Be-
fore, or within 24 hours after, such emer-
gency suspension is imposed, the stu-
dent shall be given an opportunity to
appear before a designee of the Vice
President for Student Affairs. At such
time the student may make a statement
and present evidence bearing on the al-
leged violation. If the emergency sus-
pension is continued, the student is en-
titled to a formal hearing within seven
(7) calendar days or as soon as practi-
cable after the accused student is pre-
pared to participate in a hearing.
III. Filing Complaints, Notice and
Investigation
A. Filing a complaint
Individuals are encouraged to file
complaints when they believe there has
been a violation of this policy. The
formal mechanisms are designed to af-
ford due process protection to the indi-
viduals involved, including time to pre-
pare statements, but also resolve cases in
a timely manner.
Those filing complaints under these
standards should contact the Office of
the Vice President for Student Affairs, in
the Fleming Building. A judicial advi-
sor, located within the Office of the Vice
President for Student Affairs, adminis-
ters the procedures and guidelines of
these standards. The judicial advisor will
consult the Office of the General Coun-
sel regarding such complaints.
All complaints must be filed within
one year of the date of the offense.
B. Notice and Investigation
The judicial advisor will make writ-
ten notification within ten (10) working
days after the filing of the complaint, as
well as provide the accused with a com-
plete copy of the complaint. All records
and documents to be presented to the
hearing committee will be made avail-
able to both the accused and complain-
ant.
The judicial advisor will conduct a
preliminary investigation to determine
if there is sufficient evidence to proceed
with mediation or a formal hearing. Such
a review ordinarily will involve inter-
viewing any complaining witnesses and
the accused, as well as other necessary
witnesses. If the judicial advisor deter-
mines there is enough evidence for a
hearing committee to find a violation of
the policy, a formal hearing process or
mediation will be initiated.
If the judicial advisor determines
there is insufficient evidence that a vio-
lation has occurred, both the accused
and the individual filing the complaint
will be notified in writing.
When a serious violation has been
reported and it appears that a member of
the University community is in serious
and continuing danger, the judicial advi-
sor wilImove the case ahead of others to
insure a timely hearing.
IV. Mediation
The University believes a strong sys-
tem of mediation of disputes will en-
courage reporting and resolution of com-
plaints. Mediation is appropriate when
all parties involved (accuser(s) and ac-
cused) voluntarily agree to engage in the
mediation process. Mediation will in-
volve resolution of the incident, includ-
ing sanctioning when needed. If media-
tion fails, the case will be forwarded for
a formal hearing.
To ensure these standards are ap-
plied with a proper regard to their goals
and purposes, such mediation will occur
solely through or at the direction of the
office of the judicial advisor. Other aca-
demic and administrative offices may
provide counseling and support for stu-
dents. These offices include Counseling
Services, Multicultural StudentProgram-
ming, the Ombudsman, the Center for
the Education of Women, Sexual As-
sault Prevention and Awareness Center,
the Department of Public Safety, Ser-
vices for Students with Disabilities, the
Lesbian and Gay Male Programs Office
and faculty and staff within the schools
and colleges.
V. Formal Hearing
The hearing board will consist of six
students. At the beginning of each aca-
demic year, students will be randomly
selected from the student body to serve
as potential hearing panelists until apool
of 50 eligible students is obtained. Se-
lected students may be excused by the
judicial advisor if service could cause an
undue hardship.
The hearing will be chaired by a
faculty or staff member drawn from a
panel selected by the Student Relations
Committee of Senate Advisory Com-
mittee on University Affairs. The chair
conducts the hearing and is a non-voting
member of the committee. The chair
selects a hearing committee by lot from
the eligible pool of panelists. The judi-
cial advisor shall provide appropriate
training for the faculty and student panel
in due process and questioning tech-
niques prior to being assigned to a hear-
ing committee.
The chair shall ensure that panelists
are both dedicated to their duty as well as
unbiased. The chair's selections may be
reviewed by both the complainant and
the accused. The complainant or the
accused may challenge a committee
member based on bias or other cause,
including the chair. The committee mem-
ber shall be disqualified if the chair de-
termines that the challenge is justified.
The chair shall be disqualified if the
Vice President for Student Affairs deter-
mines that the challenge is justified.
The chair may consult with the Gen-
eral Counsel's office before, during, and
after the hearing regarding procedural
matters. The judicial advisor is respon-
sible for sending the complete report of
the investigation to the hearing commit-
tee, and may be called as a witness. The
accused retains the right to confront all
witnesses, and the accused, complain-
ant, and panelists may question wit-
nesses.
Either the complainant or the ac-
cused may offer sworn affidavits to the
panel for consideration. Both parties may
be accompanied and counseled by an
advisor of their choice who will be per-
mitted to attend, but not participate in,
the proceedings. Students with commu-
nication disorders may have an advisor
speak for them.
The accused must be informed of his
or her right to remain silent, and may not
be compelled to be a witness against
himself or herself. Committee delibera-
tions will be in private. The chair will
communicate in writing the results of
the hearing to the accused and to the
complainant. The letter communicating
the results of the hearing will include a
separate finding of facts in the case and
how the facts were applied.
If all members of the committee de-
termine, by clear and convincing evi-
dence, that the accused student has
violated the policy, they will come to
consensus on an appropriate sanction. If
the accused accepts the finding and sanc-
tion, the result will be communicated to
the Vice President for Student Affairs
who will enforce the sanctions.
VI. Alternate Hearing Process
The accused student may waive a
full board hearing and request an admin-
istrative hearing. These hearings are con-
ducted by hearing officers appointed by
the Vice President for Student Affairs.
Administrative hearings will be used
during the summer when student board
members and faculty chairs are unavail-
able. An accused student has the option
of delaying his or her hearing until the
fall term, unless delaying the hearing
causes imminent danger to persons or
property.
VII. Appeals
If the accused student disputes the
finding of the hearing committee or the
administrative hearing officer, or the
recommended sanction, he or she may
appeal the decision. Such an appeal must
be submitted in writing to the Vice Presi-
dent for Student Affairs within ten (10)
class days after the notice of the decision
of the hearing panel. Upon petition, this
time line may be extended. The appeal
statement should contain the grounds
for the appeal. Grounds for the appeal
include:
1. the procedures described in this
policy were not followed
2. the decision was clearly erroneous
3. the sanction was not appropriate
for the violation.
Appeals will be limited to a review
of the record of the hearing, written
statements submitted by parties and any
new evidence. The Vice President will
forward the student's letter of appeal
and all records of the investigation and
hearing to the appeals board. The stu-
dent may challenge any member of the
appeals board for bias. The board mem-
bershall be disqualified if the Vice Presi-
dent for Student Affairs determines that
the challenge is justified.
The Appeals Board is composed of
three members who are to serve for the
academic year and hear all appeals. They
are appointed as follows:
a student who is elected from and
by the 50 students comprising the hear-
ing panel
a faculty member who is ap-
pointed by SACUA
an administrator who is appointed
by the President of the University.
Alternate members may be appointed
to the Appeals Board as needed.
Decisions by the appeals board will
be by majority vote. The appeals board
must make a decision within ten (10)
working days of receiving the appeal. It
may take any of the following actions:
(a) affirm the original decision con-
cerning the violation of the policy
(b) affirm the original decision con-
cerning the disciplinary sanction imposed
(c) reverse the original decision
concerning the violation of the policy
and direct that the complaint be dis-
missed
(d) reverse the original decision
concerning the violation of the policy
and direct that a new hearing be held
before a new hearing board
(e) set aside the original decision
concerning the sanction and impose a
different sanction
The appeal board will notify the Vice
President for Student Affairs in writing
of its decision, who will communicate
the decision to the student. The student
who filed the appeal may not make any
further appeal from this decision. An
exception to this rule can be made when
a student has been tried in a civil or
criminal court for the incident which
resulted in a campus hearing and has
been found not guilty in criminal court
or has a decision in his/her favor in civil
court. In this situation, a student may
petition for an appeal before an Appeals
Board, regardless of earlier appeals or
length of time since the hearing
committee's decision.
VIII. Records
Detailed records will be maintained
by thejudicial advisor about any actions
undertaken under the policy. Accord-
ingly, records will be maintained by the
judicial officer of formal complaints,
hearings, mediations, resolutions, find-
ings, sanctions and appeals. Two sets of
records of these data will be maintained,
an expunged version for public review
and aconfidential version for permanent
records. Confidentiality of the records
will be maintained to the extent required
by law, including the Family Education
Rights and Privacy Act. Records will be
maintained in such as way that data on
violations of this policy are easily avail-
able to the public. The judicial advisor
will annually compile and release de-
tailed statistics and examples of the ad-
ministration and enforcement of the
policy. However, some data may not be
releasable if the identity of individuals
involved would be revealed.
IX. Sanctions
Hearing panels should fashion sanc-
tions commensurate with the offending
conduct. Because education may be the
most effective and appropriate means of
addressing behavior that violates these
standards in a University community,
the University encourages hearing pan-
els to design sanctions which include an
educational element. One purpose of the
sanctions is to help students understand
their behavior in the context of this aca-
demic community. It is inappropriate for
the University to try to change student's
convictions; however, it remains appro-
priate for the University to ask a student
to change behavior. Sanctions should be
designed to deter the student from be-
haviors which harm, intimidate, harass,
or threaten others. Regrettably, some
conduct is so harmful to members of the
University community or deleterious to
the educational process that it requires
more punitive sanctions. Hearing panels
should impose such sanctions where ap-
propriate.
Certain factors should be considered
in fashioning the sanctions. These in-
clude the intent of the accused, the effect
of the conduct on the victim and the
University community, whether the stu-
dent has violated the standards in the
past, and whether sanctions such as edu-
cation and community service are likely
to change the student's conduct. The
most severe sanctions, suspension from
the University and expulsion, should be
imposed only in very serious cases, in-
cluding the willful failure to comply
with a lesser sanction. The range of
potential sanctions is as follows:
A. For any Offense
1. Formal Reprimand: The indi-
vidual receives a formal reprimand for
violating the standards of behavior and a
warning that future violations will be
dealt with more harshly.
2. Community Service: The indi-
vidual performs an appropriate amount
of public service that is both beneficial
to the community and likely to assist the
individual in understanding the harm
caused by his or her conduct.
3. Class Attendance: The individual
enrolls in and completes a class that
helps the person understand why the
standards prohibit the conduct involved.
4. Restitution: The individualmakes
restitution to the victim for actual loss.
5. University Housing Transfer or
Removal: The individual is transferred
to a another room or housing unit, or is
removed from University housing en-
tirely. Additional policies identifying
responsibilities of students living in
University Housing are available in the
document Guidelines for Community
Living. The disciplinary process and
sanctions described in that document
may be applied as appropriate.
6. Suspension from Specific Courses
or Activities: The individual is removed
from a course or activity; or the indi-
vidual is moved to a different section of
a course.
7. Combined Sanctions: A combi-
nation of the sanctions described above
may be imposed.
B. For offenses which are violent,
dangerous, repeated, or a willful failure
to comply with a lessor sanction
8. Suspension: The individual is
suspended from the University for a de-
fined period of time. When a student is
suspended during a term, his or her tu-
ition is forfeited. The Vice-President for
Student Affairs shall consult with the
dean, chair, or director in the unit in
which the student is enrolled before sus-
pension is imposed.
9. Expulsion: The individual is ex-
pelled from the University. When a stu-
dent is expelled during a term, his or her
tuition is forfeited. The Vice-President
for Student Affairs shall consult with the
dean, chair, or director in the unit in
which the student is enrolled before ex-
pulsion is imposed.
The sanctions imposed under these
standards do not diminish or replace the
penalties available under generally ap-
plicable civil or criminal laws. Students
are reminded that many violations of the
standards, including harassment and
other discriminatory behavior, may vio-
late various state and federal laws.
EFFORTS TO EDUCATE THE
STUDENT COMMUNITY ON
THEIR RIGHTS, RESPONSIBILI-
TIES AND THESE STANDARDS
A. Education and Prevention
The prevention of behavior that vio-
lates these standards and the establish-
ment of effective procedures with due
concern for all parties require a thought-
ful educational program.
1. The University will provide re-
sources and time for the prevention of,
and education about conduct that vio-
lates these standards. The University
will provide information to deans, stu-
dent affairs staff, chairs, and directors in
each unit concerning: (a) student rights
and responsibilities under this policy;
(b) how complaints are filed; (c) sum-
maries of cases; and (d) sources of
support and information for victims and
respondents.
2. Deans and heads of major
administrative units are strongly
encouraged to discuss these standards
at meetings of faculty, staff, and
teaching assistants. In addition, the
deans and heads of major administra-
tive units are urged to examine
practices and behavior within their
own units that may be inequitable or
unjust to students.
3. Training programs for residen-
tial advisors, those who meet students
in crisis situations, and others serving
in an advising capacity to students,
will include training about referrals,
resources, and methods for handling
conduct covered by this policy.
4. The Office of Student Affairs
will develop an overall educational
program for students dealing with
issues covered in this statement and
will provide information, definition,
support, identification of resources and
exploration of behavioral alternatives.
This educational program should be
directed toward, but not restricted to,
new undergraduae and graduate/
professional students.
5. The University will publish
annually this statement and the
procedures, including the resources
available to advise, counsel, and assist
in the mediation or reporting of
violations of these standards. The
information will explain how to utilize
University-wide and school-specific
resources.
B. Exit Interviews
The University will survey
annually a sample of departing
students to measure the existence and
frequency of incidents that violate
these standards, with a focus on
violent or intimidating conduct, as
well as survey all participants in the
judicial system.
What do you think about the "im-
proved" Statement of Students' Rights
and Responsibilites - draft 12.2?
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in a Public Hearing on:
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