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November 16, 1992 - Image 18

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The Michigan Daily, 1992-11-16

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Page 8-The Michigan Daily- Sports Monday- November 16,1992

The Rationale for a Standard of Student Coy
October 1992

Dear Students,
I want to thank every one of you who has taken part in the
debate about the Statement of Student Rights and Responsi-
bilities. With the help of all those who engaged in our public
discussions, written comments, or communicated in other
ways, the final version of the policy is more explicit, more
fair, and better reflects the needs and concerns of students. I
am very proud of the way you have upheld the high intellec-
tual and civil values of our University as we talked, dis-
agreed, talked some more, and worked together to improve
policy drafts. The past two months have shown our commu-
nity at its best.
Many students have told us they need and want this policy
because they have been hurt or know someone who has been
harmed by the inappropriate behavior of other students.
They are the most important reason for proposing the
adoption of this standard of student conduct. We need it to
help build an environment for learning that is safe-free
from violence, intimidation, fraud, theft, and harassment.
The policy printed here lets students know what is expected
of them and what they have a right to expect from fellow
students and from the University. It also guarantees basic
due process rights of students which, until now, were not
codified. It asks students to take responsibility for their own
behavior and for the quality of campus life. Though the
procedures may vary, other members of the community also
are held to the same standards of conduct.
We have heard your comments and suggestions and you will
see them reflected in what follows. Please consider it
thoughtfully in light of our best aspirations for the quality of
campus life.
Maureen A. Hartford .
Vice President for Student Affairs

The underlying principle for
establishing a standard of
shident conduct is the
definition of the academic
institution as a form of
community, a community of
learning. The University
community has the right,
perhaps the obligation, to
establish its own rules and
regulations. These include the
guidelines for membership
(admissions standards,
employment practices, tenure
processes) and expectations of
community members (Standard
Practices Guide, academic
regulations, payment
schedules). A standard of
student conduct, or conduct
code, is a codification of
expectations for student
behavior within the academic
In the 1990 special report,
Campus Life: In Search of
Community, the Carnegie
Foundation for the
Advancement of Teaching, led
by Ernest Boyer, expressed
concern about the condition of
college campuses. This report
found a deteriorating sense of
community; confusion about
values; and a loss of civility,
mutual respect, and trust. The
recommendations of the report
are straight forward:
"...a college or university is
a disciplined community, a
place where individuals
accept their obligations to the
group and where well-defined
governance procedures guide
behavior for the common
good....universities have a
legal and moral obligation to
provide for the safety and
welfare of students.....to give
overall direction to campus
life, all campuses should have

a clearly stated code of
conduct, one that is widely
disseminated and consistently
enforced...In drawing up a
campus code, courtesy and the
rights of others must be
affirmed...In the end, a
campus code of conduct should
define standards of behavior
in both social and academic
While the Carnegie Report
creates a compelling
philosophical rationale for
the creation of a code of
conduct at the University of
Michigan, there are other
pressures in this direction that
should be recognized. These
Student safety
Perhaps the most compelling
reason for the University to
address the violent,
threatening and harmful
behavior of students is the
protection of other students.
Defining ourselves as a
community of learning suggests
an environment in which
students are free to engage in
intellectual exploration and
debate; an environment where
libraries, computer facilities
and laboratories are
accessible; an environment in
which housing supports and
enhances learning. Failing to
take action against students
accused of assault, rape, arson
and harassment seems
antithetical to this definition.
Failing to take action puts
students at risk. (Please note
the enclosed comments from
students about the need for
such a policy)
One of the most basic roles

for the University of Michigan
is the education of students.
The establishment of a
standard of acceptable
behavior within the academic
community and a method for
addressing less than
acceptable behavior is
entirely within that role. By
having an on-campus
disciplinary process which
has education as its focus
(rather than punishment) the
University is accepting its
responsibility to educate the
whole person. In many
instances, an on-campus
resolution of a problem
through a disciplinary
procedure may save a student
from going through the civil
legal system. This is in
keeping with a philosophy
that suggests the most
effective disciplinary action is
by the community closest to
the violation. in most cases,
an on-campus discipline
procedure gives students the
chance to learn from mistakes
within a supportive
Accepted practice
All but a very few colleges
and universities in the United
States, both public and
private, have acted on the
premise that membership in
an academic community is
based on mutually accepted
rights and responsibilities.
They have accepted the need
for self regulation of behavior
and have accordingly adopted
fundamental standards of
conduct for faculty, students,
and staff. The University of
Michigan's lack of such a
standard for students has been
noted by the North Central

Accreditation Evaluation
team. Their 1990 report said
"We support the University4
Administration's current
consideration of plans to 3
develop an explicit set of
expectations of ethical
practice in and out of the
classroom by students, facul ty,
and staff." In meetings with
the administrators d tiring .4
their visit, the team went
much further and expressed a
astonishment at the absence d4
a code of conduct suggestingz
that the University was
legally at risk for lack of oned
They also felt that Michigan
was abdicating an important
moral responsibility to its
students and the entire
Federal legislation
There are increasing '
governmental pressures onr
universities to exercise
responsibility for illegal
conduct on campus. The
federal Drug Free School and ;
Communities Act Amendments.
of 1989 require every
university to have a policy
that clearly prohibits
tinlawftil possession, use, sale J
or distribution of alcohol and a.
other drugs. This policy musti
include a clear statement that
the university will impose"
sanctions for violations. In "
Public Law 102, the Higher
Education Amendments of 199Z
the federal government also
requires universities to createm
policies on sexual assault and.,
rape. These policies must
include the option for on-
campus hearing procedtires anrd
campus sanctions for
viol at ions.


Ann Arbor Campus
November 1992
The University of Michigan is
dedicated to creating a scholarly
community that promotes
intellectual inquiry, encourages
vigorous discourse, and respects
individual freedom and dignity.
Civility, diversity of opinion, and
freedom of expression are all
valued as the necessary foundation
for a healthy learning community.
All students are welcome
members of this community and
are expected to participate in
sustaining its values.
The University of Michigan and
its students are committed to
maintaining an inclusive,
academically centered community.
The goals of this community
include creating an environment
that supports learning, protects the
freedoms guaranteed by the
United States Constitution, and
assures members of the University
community a safe environment
free from violence, intimidation,
fraud, theft, and harassment. The
responsibility for reaching these
goals lies with each member of this
academic community.
The purposes of this statement
are to define students' basic rights
within the University community
and what students may expect of
the University and to explain the
academic community's
expectations of its student
members, including the standard
by which student behavior is
measured. This statement
describes unacceptable student
behavior and creates procedures to
sanction students if they engage in
such unacceptable conduct.
It is the University's goal that all
members of the University
community - students, faculty,
and staff - adhere to a set of
fundamental and ethical standards
similar to those that follow for
students. The manner in which
each group may carry out such
standards will vary depending on
the rules and procedures

" apply to non-violent civil
disobedience or student protest.
Federal, state, and local laws may
be enforced against student
demonstrators, but the University
will not pursue sanctions under this
policy against students for non-
violent demonstrations.
" apply to speech that is
protected by the First Amendment..
" apply to student publications
or to students responsible for
writing, creating, or publishing the
material contained in such
publications while they are acting
within the scope of their journalistic
" limit the ability of the
University to employ
administrative actions (hold
credits, library fines, etc.).
Section II: Expectation of Students
Students accept the rights and
responsibilities of membership in
the University of Michigan's
academic and social community
when they are admitted to the
University. Honesty in academic
work is expected of each student at
the University of Michigan.
Allegations of academic dishonesty
are reported to and handled by the
schools and colleges. Each student
is expected to respect the rights of
others and to work to create an
open, intellectually stimulating
environment where diversity of
ideas is valued and every person's
dignity and autonomy is respected.
Section III: Students' Rights and
the University's Responsibilities
Students at the University of
Michigan have the same rights and
protections under the constitutions
of the United States and the state
of Michigan as other citizens.
These rights include freedom of
expression, press, religion, and
assembly. Freedom of expression,
including dissent and voicing
unpopular views, is a valued
tradition at the University of
Michigan, where students have a
long tradition of activism. As
members of this community,
students have the right to express
their own views, but must also take
responsibility for according the
same right to others.
Students also have the right to be
treated fairly by the University and
to be informed of University
policies affecting them. Any
student accused of violating this
policy is entitled to procedural due

publicly and privately.
The University's commitment to
freedom of expression and inquiry
has been described in detail in the.
"Statement on Freedom of Speech
and Artistic Expression: The Rights
and Obligations of Speakers,
Performers, Audience Members,
and Protesters at the University of
Michigan," approved by the Board
of Regents in July 1988. Members
of the University community,
speakers, artists, and others invited
by members of the University
community have the right to set
forth their views and opinions at
the University. Within its lawful
authority to do so, the University
will protect the right of any
member of the University
community or any invited speaker
or artists to speak or perform. The
University will also protect the
rights of those members of the
University community who wish to
hear and communicate with an
invited speaker or artist
C. The University is committed
to protecting students' rights to a
free press
The University will not restrict
the editorial freedom of student
publications and the student press.
D. The University is committed
to protecting students' rights to
due process
Students who have been accused
of violating University policies have
the right to fair treatment.
Students, under this policy, have
the right to:
1. be informed, in writing, of
the charges against them with
sufficient particularity and time to
insure opportunity to prepare for a
2. decline to make self-
incriminating statements or to
participate in a hearing. Such
action will not be interpreted as
evidence of guilt, but the process
and the hearing will still go forward.
3. decline to appear at the
hearing, which will not be
interpreted as evidence of guilt,
with the understanding that the
process and the hearing will still go
forward. The judicial advisor will
attempt to sat hearing times and
dates that are mutually acceptable
to the parties.
4. present information on their
own behalf, including oral and
written statements, physical
exhibits, and witnesses.
- ... . x. .. n i ln 1T(7':!l

7. be advised by an advisor or
attorney for consultation purposes
during the hearing.
8. an opportunity to challenge
the objectivity of the hearing officer
or the panel.
9. have the burden of proof
rest upon those bringing the
. 10. receive a timely written
11. confidentiality as provided
by the Family Education Rights
and Privacy Act.
12. have a recording made of
the hearing.
13. an appeal or review of the
original hearing.
14. an open hearing, providing
the accused requests an open
hearing and either:
(a) the complainant consents,
(b) the complainant is not a
student and the complaint does not
allege sexual assault or
harassment, or
(c) the judicial advisor, in
consultation with the General
Counsel's office, determines that
no substantial harm will result to
the complainant as a result of an
open hearing.
Section IV: Students'
Students at the University of
Michigan expect members of their
community to be responsible for
their actions and to respect the
rights of others.
A. Actions on campus
The following personal actions
on University property or at official
University functions are prohibited
by this policy:
1. Sexual assault and rape
2. Harassment, defined as
physical force or violence; or
behavior, including stalking, that
involves a deliberate interference
or a deliberate threat to interfere
with an individual's personal safety,
academic efforts, employment, or
participation in university
sponsored activities and causes the
person to have a reasonable
apprehension that such harm is
about to occur. Students may not
use threats, explicit or implicit,
concerning the terms or conditions
of an individual's education,
employment, housing, or .
participation in a University activity
as a way to gain sex and/or sexual

as including the following willful
acts, with or without the consent of
the individual involved:
" physical injury, assault, or
" kidnapping or
" intentionally placing at risk
of severe mental or emotional
" degradation, humiliation, or
compromising of moral or religious
values .
+ forced consumption of any
liquid or solid
" mandatory personal
" placing an individual in
physical danger (at risk) which
includes abandonment
* impairment of physical
liberties which include curfews or
other interference with academic
6. Unlawful possession, use,
manufacture, sale, or distribution
of alcohol or other drugs
7. Arson; unauthorized setting
of fires, unauthorized tampering
with any fire alarms or fire safety
8. Fraud against the University,
forgery, misuse, or alteration of any
university document or record,
misuse of the University's
computer system to gain access to
restricted information, or knowingly
furnishing false information to the
9. Unauthorized taking or
possession of property or services
of another
10. Intentionally and
significantly interfering with
11. Damage or destruction of
property belonging to another
12. Unauthorized entry into
University facilities
13. Making a false report
concerning a fire, bomb, or other
14. Misuse ofthe disciplinary
procedures, including
(a) failure to obey the request
to appear before a hearing body or
judicial advisor, except for the
accused student to appear before.
the hearing body
(b)rknowingly falsifying or
misrepresenting information
before a hearing body
(c) disruption or interference
with the orderly conduct of a
(d} knowinglv initiating a

sanction(s) imposed by the hearing
(h) influencing or attempting.
to influence another person to *a 4
commit an abuse of the
disciplinary procedures. .
B. Actions off campus e
While the conduct of students:
on campus is of concern to ,
members of the academic .
community, student actions off
campus may also negatively affec°
the security of the community .;
and/or the integrity of the
educational process. The o
University has differentiated these
by the nexus to the institution and
the egregiousness of the violation-
While all illegal conduct by
students is abhorrent to the
University, the ability to gather
evidence, including testimony of i
witnesses, limits the institution -
from pursuing most violations
which occur at a distance from th
1. The following actions
committed off campus will result ni4
a challenge through the student "y
judicial system if they occur in Axim
Arbor or its environs (within 30
miles of campus):
(a) illegal sale, distribution, or
manufacture of drugs
(b) physical assault, battery,
and endangerment
(c) murder
(d) arson
(e) hazing
(f) sexual assault and/or rape
(g) harassment
2. The same actions listed in IV
B. 1 may be challenged through ,
the University judicial system
regardless of where they occur if a
student has been convicted of the;
offense in a court of law. The '
University hearing body must a
decide if the violation poses a clear
threat to the mission of the
University or to the health and
safety of its members. .
Section V:Regents' Bylaw 2.01
The Bocard oif Regents of the
University of Michigan in Regent'
Bylaw 2.01 has given the President
of the University the authority fore
"the maintenance of health,. f,
diligence, and order amng 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

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