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October 12, 1998 - Image 11

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The Michigan Daily, 1998-10-12

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11A - The Michigan Daily - Monday, October 12, 1998

REVIEWING THE CODE

The University of Michigan's
Ann Arbor Campus
Code of Student Conduct
Introduction
The University of Michigan-Ann Arbor (the University)
is dedicated to maintaining a scholarly community. As its
central purpose, this community promotes intellectual
inquiry through vigorous discourse.
Essential values which undergird this purpose include

dures to respond to behavior which goes
against the essential values of the University
community. The University considers the pro-
cedures for resolving disputes a part of its edu-
cational mission and is committed to a process
which provides both peer review and media-
tion. Persons who have questions about the

dents cannot agree. Each party involved in
arbitration has the right to be assisted but not
represented by an advisor of her or his choice.
At an arbitration, the RC will be in charge of
preparing and submitting information gathered
during the investigation. Both parties may have
access to this information prior to the arbitra-

Code should
contact the
Resolution
Coordinator
who provides
support to all
participants.
Resolution and
appeal processes
are administra-
tive functions
and are not sub-
ject to the same
rules of civil or
criminal pro-
ceedings.
Because some
violations of
these standards
are also viola-
tions of law, stu-
dents may be
accountable to
both the legal
system and the
University.

Behavior
which
occurs
outside the
city of Ann
Arbor or \
outside
University-controlled property
may violate the Code only if
the behavior poses ane
obvious and serious threat or
harm to any memberts) of the
University community.

tion. To ensure
the privacy of
the parties and
to maximize the
educational
potential of the
process, both
parties must
agree to the
admission of any
other people
(except witness-
es or advisors) to
the arbitration.
All arbitrated
resolutions will
result in a rec-
ommendation(s)
to the Dean of
Students, who
may accept or
modify the rec-
ommendation(s).
The Dean may
not modify a
sanctior to
include suspen-
sion or expul-

civility, dignity, diversity,
honesty, and safety.

education, equality, freedom,

w

When students choose to accept admission to
the University, they accept the rights and
responsibilities of membership in the
University's academic and social community.
As members of the University community, stu-
dents are expected to uphold its values by
maintaining a high standard of conduct.
Because the University establishes high stan-
dards for membership, its standards of conduct,
while falling within the limits of the law, may
exceed federal, state, or local requirements.
Within the University, entities (such as
schools and colleges, campus, professional,
and student organizations) have developed
policies that outline standards of conduct gov-
erning their constituents and that sometimes
provide procedures for sanctioning violations
of those standards. This Code of Student
Conduct (the Code) does not replace those
standards; nor does it constrain the procedures
or sanctions provided by those policies. This
Code describes possible behaviors which are
inconsistent with the essential values of the
University community; it outlines procedures
to respond to such behaviors; and it suggests
possible sanctions which are intended to edu-
cate and to safeguard members of the
University community.
STUDENT RIGHTS
Students at the University 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.
The University has a long tradition of student
activism and values freedom of expression,
which includes voicing unpopular views and
dissent. As members of the University commu-
nity, students have the right to express their
own views, but must also take responsibility
for according the same right to others.
Students have the right to be treated fairly
and with dignity regardless of age, color, creed,
disability, marital status, national origin or
ancestry, race, religion, sex, sexual orientation,
or veteran status. The University has a long-
standing tradition of commitment to pluralistic
education. Accordingly, the University, through
this Code, will not discriminate on the basis of
group status.
Students have the right to be protected from
capricious decision-making by the University
and to have access to University policies which
affect them. The University has an enduring
commitment to provide students with a bal-
anced and fair system of dispute resolution.
Accordingly, this Code will not deprive stu-
dents of the appropriate due process protec-
tions to which they are entitled. This Code is
one of the University's administrative proce-

I. Obstructing or disrupting classes, research
projects, or other activities or programs of the
University; or obstructing access to University
facilities, property, or programs (except for
behavior that is protected by the University's
policy on Freedom of Speech and Artistic
Expression)
J. Making, possessing, or using any falsified
University document or record; altering any
University document or record, including iden-
tification cards and meal cards
K. Failing to leave University-controlled
premises when told to do so by a police or

Stage 1:
Initiating the Resolution Process:
Any student, faculty member, or staff mem-
ber may submit a complaint alleging a violation
of the Code. A student, faculty member, or staff
member may also submit a complaint based
upon information reported to that person. All
complaints must be submitted to the Resolution
Coordinator (RC), in writing, within six

Code violations:

A. Physically harming another person
including acts such as killing,
assaulting, or battering
B. Sexually assaulting or sexually
harassirg another person
C. Hazing, stalking, or harassing
another person
Q. Possessing, using, or storing
firearms, explosives, or weapons on
University-controlled property or at
University events or programs
E. Tampering with fire or other safety
equipment or setting unauthorized'
fires
F. Illegally possessing, using,
distributing, manufacturing, or
selling alcohol or other drugs
G. Intentionally and falsely reporting
bombs, fires, or other emergencies to
a University official
H. Stealing, vandalizing, damaging,
destroying, or defacing University
property or the property of others
I. Obstructing or disrupting classes,

research projects, or other activities
or programs of the University; or
obstructing access to University
facilities, property, or programs
(except for behavior that is
protected by the University's policy
on Freedom of Speech and Artistic
Expression)
). Making, possessing, or using any
falsified University document or
record: altering any University
document or record, including
identification cards and meal cards
(. Failing to leave University-con-
trolled premises when told to do so by
a police or security officer with rea-
sonable cause
L. Violating state or federal law if
such action has serious impact on the
University community
M. Misusing, failing to comply with, or
jeopardizing Code procedures,
sanctions, or mediated agreements, or
interfering with participants involved
in the resolution process
N. Violating University computer
policies

sion. However, when expulsion is recommend-
ed, the Dean may instead suspend the student.
Stage 3: Appealing the Resolution Process:
An appeals process is an essential safeguard
for an imperfect human process that attempts
very hard to be fair. The appeal process is
available to each party. Appeals may be filed
for the following reasons: proper procedures
were not followed, the evidence clearly does
not support the finding(s), sanctions are insuf-
ficient or excessive relative to the violation, or
there is new evidence not reasonably available
at the time of the arbitration. All appeals must
be submitted in writing to the RC within 10
academic calendar days of the arbitration out-
come. The VPSA may waive the 10 day limita-
tion when a late submission is reasonable. The
appeal will be reviewed by an Appeals Board
composed of one student appointed by the
Michigan Student Assembly, one faculty mem-
ber appointed by the Faculty Senate, and one
administrator appointed by the President.
MSA, the Faculty Senate, and the President
will each appoint one alternate member to the
Appeals Board. The Appeals Board will recom-
mend one of the following actions to the
VPSA: confirming the decision made through
the arbitration process, altering the sanction(s),
or recommending a re-arbitration. The VPSA
may accept or modify the recommendation(s).
The VPSA may not modify a sanction to
include suspension or expulsion. However,
when expulsion is recommended, the VPSA
may instead suspend the student.
SANCTIONS
In keeping with this policy's stated essential
values, sanctions are designed to promote the
University's educational mission. Sanctions
may also serve to promote safety or to deter
students from behavior which harms, harasses,
or threatens people or property. Some behavior
is so harmful to the University community or
so deleterious to the educational process that it
may require more serious sanctions: removal
from housing, removal from specific courses or
activities, suspension from the University, or
expulsion. More than one sanction may be rec-
ommended. Possible sanctions are:
A. Formal Reprimand:
A formal notice that the Code has been vio-
lated and that future violations will be dealt
with more severely.
B. Disciplinary Probation:
A designated period of time during which
the student is not in good standing with the
University. The terms of probation may
involve restrictions of student privileges
and/or set specific behavioral expectations.
C. Restitution:
Compensation for loss, damage, or injury to
the appropriate party in the form of service,
money, or material replacement.
D. Restriction from Employment at the
University:
Prohibition or limitation on University
employment.

4

security officer with reasonable cause
L. Violating state or federal law if such
action has serious impact on the University
commlunity
M. Misusing, failing to comply with, or jeop-
ardizing Code procedures, sanctions, or medi-
ated agreements, or interfering with partici-
pants involved in the resolution process

dures and should
dures used in
civil or criminal
court.
VIOLATIONS
Behaviors
which contradict
the essential val-
ues of the
University com-
munity are:
A. Physically
harming another
person including
acts such as
killing, assault-
ing, or battering

not be equated with proce-
... i
suggests
possible
sanctions
which are
intended to
educate and
to safeguard members of the
Universiy community.

N. Violating
University com-
puter policies
SCOPE OF
THE
VIOLATIONS
Behavior
which occurs in
the city of Ann
Arbor, on
University-con-
trolled property,
or at University
sponsored
events/programs
may violate the
Code. Behavior

months after the incident(s) alleged in the com-
plaint. The RC may waive the six-month limi-
tation when a late submission is reasonable. If
the RC determines, based on an investigation,
that the alleged behavior may be a violation of
the Code, the RC will notify the accused stu-
dent and schedule a meeting as described
below.
Stage 2: Resolution Process:
The RC will meet with the accused student
to explain the complaint and the resolution
process. The student will have the opportuni-
ty to ask questions and make a statement.
The student may be accompanied by an advi-
sor. In all incidents, except those involving
violence, if both parties agree to resolve the
complaint through mediation, the RC will
make arrangements for the mediation to
occur.
The nature of some complaints, especially
those involving violence, may make mediation
an unrealistic option. When violence is
involved, the RC must concur in the decision to
use mediation.
Parties will be offered the choice of using a
University or a non-University mediator.
Mediation is a voluntary process which may
or may not result in a mediated agreement.
When a mediated agreement is reached, the
case is resolved and parties are encouraged to

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B. Sexually
assaulting or sexually harassing another person
C. Hazing, stalking, or harassing another
person
D. Possessing, using, or storing firearms,
explosives, or weapons on University-con-
trolled property or at University events or pro-
grams (unless approved by the Department of
Public Safety; such approval will be given only
in evtranordnarv circumstances)

which occurs
outside the city
of Ann Arbor or outside University-controlled
property may violate the Code only if the
behavior poses an obvious and serious threat or
harm to any member(s) of the University com-
munity.
The Code of Student Conduct is intended to
incorporate other specific University policies
by reference. These policies are: the
University Housing's Community Living at
Michigan Handbook, the Information
Technolojv Division's Resoonsible Use of

use the RC as a
resource for
future ques-
tions. Mediated
agreements
may not be
appealed.
If the parties
involved in the
dispute do not
choose media-
tion, if the

As its
central
purpose,
this
community

E. Class/Workshop Attendance:

Enrollment and
completion of a
class or workshop
that could help
the student
understand why
her or his behav-
ior was inappro-
priate.
F. Educational
Project:

_ _ _.. r ' yam ' i. ..

oMrIA U

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