12 - The Michigan Daily - Tuesday, October 24, 1995
The University of Michigan-Ann Arbor Code of Student Conduct
INTRODUCTION
The University of Michigan-Ann Arbor
(the University) is dedicated to maintaining
a scholarly community. As its central pur-
pose, this community promotes intellectual
inquiry through vigorous discourse. Essen-
tial values which undergird this purpose
include civility, dignity, diversity, education,
equality, freedom, honesty, and safety.
When students enroll, they accept the
rights and responsibilities of membership in
the University's academic and social com-
munity (University community). As mem-
bers of the University community, students
are expected to uphold its values by main-
tainingahighstandard ofconduct. Because
the University establishes high standards for
membership, its standards ofconduct, while
not falling outside the limits ofthe law, may
exceedfederal,state,andlocalrequirements.
Within the University, entities (such as
schools and colleges, campus, professional
and student organizations) have developed
policies that outline standards of conduct
governing their constituents. This Code of
Student Conduct (the Code)doesnot super-
sede those policies; rather, it describes pos-
sible behaviors which are inconsistent with
the essential values of the University com-
munity, it outlines procedures to respond to
such behaviors,andit suggests possible sanc-
tions which are intended to educate.
STUDENT RIGHTS
Students at the University have the same
rights and protections under the Constitu-
tions of the United States and the State of
Michigan as other citizens. These rights in-
clude freedom of expression, press, religion,
and assembly. The University has a long
tradition of student activism and values free-
dom of expression, which includes the voic-
ingofunpopular views and reasoned dissent.
As members of the University community,
students have the rirht to express their own
views, but must also take responsibility for
according the same rights to others.
Students have the right to be treated fairly
and with dignity regardiess of age, color,
creed, disability, marital status, national ori-
gin or ancestry, race, religion, sex, sexual
orientation, or veteran status. The Univer-
sity has along-standingtradition ofcommit-
ment 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 Uni-
versity and to have access to University poli-
cies which affect them.The University has an
enduring commitment to provide students
with a balanced and fair system of dispute
resolution. Accordingly, this Cde will not
deprive students of the appropriate due pro-
cess protections to which they are entitled.
VIOLATIONS
Behaviors which may contradict the es-
sential values of the University community
include:
A. Physically harming another person
including acts such as killing, assaulting, or
battering
B. Sexually assaulting or sexually harass-
ing another person
C. Hazing, stalking, threatening, or ha-
rassing another person
D. Possessing, using, or storing firearms,
explosives, or weapons (unless approved by
the Department of Public Safety)
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.Falsely reportingbombs,fires,or other
emergencies to a University official
H. Stealing, vandalizing, damaging, de-
stroying, or defacing University property or
the property of others
I. Obstructing or disupting classes, re-
search projects, or other activities or pro-
grams ofthe University;orobstructingaccess
to University facilities, property, or programs
J. Making, possessing, or using any falsi-
fiedUniversitydocumentorrecord;altering
any University document or record, includ-
ing identification cards and meal cards
K. Failing to identify oneself upon the
request of a police or security officer, or
failingto leave the University premisesupon
such request
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
N.ViolatingotherUniversitypolicieswhich
specifically address the behaviors of students
within the University community. (e.g., Free-
dom of Speech and Atistic Epresion; Interim
Alcohoand DgPts PrgramandPoliy,
Sexual Assault Pa/kythe Housing Divimis's
Community Sandards and Guideles; TD's
Conditinof Use Statement; the Statement on
Rightsand h'sofStadentAdetesat
the University ofMkhgan; The Univesiy of
Michigan P y onHazing etc.) TheCede of
Student Conduct is intended to articulate
these policies. The Code will he used to
address violations ofthese policies only ifthe
violation is severe enough to warrant a sanc-
tion beyond what is available in these poli-
cies.In such cases, the policy adjudicator may
take intermediate action regarding the com-
plaint as defined by their individual policy;
however,finalresolution willoccurunder the
procedures outlined in this Code.
SCOPE OF THE
VIOLATIONS
Behavior which occurs in the city of Ann
Arbor or at University sponsored events/pro-
grams may violate the Code. Behavior which
occurs outside the city of Ann Arbor may
violate the Code only ifthe behavior poses an
obvious and serious threat or harm to any
member(s) of the University community.
PROCEDURES
The University will use the following pro-
cedures that respond to behavior which goes
against the essential values of the University
community. The University considers the
procedures for resolving disputes a part of its
educational mission and is committed to a
process which provides both peer review and
mediation.Persons who havequestions about
the Code should contact the Resolution Co-
ordinator who provides support to allpartici-
pants. The resolution and appeal processes
are administrativefunctions and are notasub-
ject to the same rules of civil or criminal
proceedings.Becausesomeviolationsofthese,
standards are also violations of law, students
may be accountable to both the legal system
and the University.
Stage 1: Initiating the Resolution Process
Any student, faculty member, or staff
member may submit a complaint alleging a
violation of the Code. All complaints must
be submitted to the Resolution Coordinator
(RC), in writing, within six months after the
incident(s)alleged inthe complaint.The RC
may waive the six-month limitation 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
student and schedule a meeting.
Stage 2: Resolution Process
The RC will meet with the accused stu-
dent to explain the complaint and the reso-
lution process. The student will have the
opportunity to ask questions and make a
statement. In all incidents, except those in-
volving violence, if both parties agree to
resolve the complaint through mediation,
the RC will make arrangements for the
mediation. The nature of some complaints,
especially those that involve violence, may
make mediation anunrealistic option.When
violence is involved, the RC must concur in
the decision to use mediation.
Parties will be offered the choice of using
an on-campus 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
use the RC as a resource forfuture questions.
Mediated agreements may not be appealed.
If the parties involved in the dispute do not
choose mediation, if the mediator reports a
failed mediation, or iftthe nature ofthe com-
plaint makes mediation unrealistic, the dis-
pute will be resolved through arbitration.
The accused student may choose a Resolu-
tion Officer or a Student Resolution Panel to
arbitrate the dispute. Each party involved in
arbitration has the right to be assisted but not
represented by anadvisorofher orhis choice.
At an arbitration, the RC will be in charge of
preparingand submittingallinformationgath-
ered during the investigation. 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 witnesses or advisors)
to the arbitration.
All arbitrated resolutions will result in a
recommendation(s)totheDeanofStudents,
who may acceptor modify the
recommendation(s). The Dean of Students
may not increase a recommended sanction.
Stage 3: Appealing the Resolution Process
An appeals process is essential to the edu-
cational mission of the University and 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), insufficient or ex-
cessive sanctions relative to the violation, or
there is new evidence not reasonably avail-
able at the time ofthe arbitration. All appeals
must be submitted in writing to the RC
within 10 academic calendar days of the
arbitration outcome. The appeal will be re-
viewed by an Appeals Board composed of
one student selected by MSA, one faculty
member appointed by the Faculty Senate,
andoneadministratorappointedbythePresi-
dent. If one of these members is unable to
serveinthisroleareplacement willbenamed
by the Vice President for Student Affairs
(VPSA) in consultation with MSA, the Fac-
ulty Senate, or the President's Office. The
Appeals Board will recommend one of the
following actions to the VPSA: confirming
the decision made through the arbitration
process, altering the sanction(s), or recom-
mending a re-arbitration. The VPSA may
accept or modifythe recommendation(s) but
may not increasea recommended sanction.
SANCTIONS
In keeping with the values stated in the
Introduction, sanctions are designed to pro-
mote the University's educational mission.
Sanctions may also serve to promote safety
or to deter students from behavior which
harms,harasses,orthreatenspeopleorprop-
erty. Some behavior is so harmful to the
University community or 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 expul-
sion. More than one sanction may be rec-
ommended. Possible sanctions include, but
are not limited to the following:
A. Formal Reprimand:
A formal notice that the Code has been
violated and that future violations will be
dealt with more severely.
B. Disciplinary Probation:
A designated period oftime during which
the student is not in good standing with the
University. The terms of probation may
involve restrictions of student privileges.
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.
E. Class/Workshop Attendance:
Enrollment and completion of a class or
workshop that could help the student un-
derstand why her or his behavior was inap-
propriate.
F. Educational Project:
Completion of a project specifically de-
signed to help the student understand why,
her or his behavior was inappropriate.
G. Service:
Performance of one or more tasks de-
signed to benefit the community and help
the student understand why her or his be-
havior was inappropriate.
H.University Housing Transfer or Removal:
Placement in another room or housing
unit or removal from University housing.
. Removal from Specific Courses or Ac-
tivities:
Suspension or transfer from courses or
activities at the University for a specified
period of time.
J. No Contact:
Restriction from entering specific Uni-
versity areas and/or all forms of contact
with certain person(s).
K. Suspension:
Separation fromtheUniversity for aspeci-
fled period (sic) time or until certain condi-
tions are met.
L. Expulsion:
Permanentseparation from the University.
RELATED
PROCEDURES
A. Emergency Suspension
If a student's actions pose an immediate
danger toany memberofthe University com-
munity, theVPSA or a designee may immedi-
ately suspend the student pending a meeting
within two academic calendar days. At this
meeting, the student will be given the oppor-
tunity to make a statement and present evi-
dence. Ifthe emergency suspension is contin-
ued, the student will be given an arbitration
option within ten academic calendar days.
B. Procedural and Interpretive Questions
All procedural and interpretive questions
concerningthe Code will be resolved by the
VPSA or designee. At any time,theVPSA or
the RC may consult the Office of the Gen-
eral Counsel about a case or procedures.
C.SelectionofStudentPanelistsandReso-
lution Officers
Each winter term 60 students are ap-
pointed to serve as panelists for the follow-
ingacademicyear.Thestudentgovernment
of each school and college, in consultation
with its Dean or designee, will appoint a
number of students proportionate to its
college's share ofthe total University enroll-
ment. Graduate students will be appointed
through their home school or college. It is
expected that each student government will
appoint a diverse poolofstudents to serve as
panelists. Resolution Officers are recom-
mended by the Faculty Senate and/or the
VPSA. Each Student Resolution Panel will
consist of five votingastudent panelists and a
non-votingResolutionOfficerwhowillover-
see the proceedings.
D. Records of Resolution Actions
Records will be maintained by the RC
with regard to any and allactions takenunder
the Code. Accordingly, records will be main-
tained by the RC of complaints, mediations,
arbitration's (sic), findings, and sanctions.
Confidentiality of records will be maintained
to the extent permitted by law and the Uni-
versity ofMichigan StudentRights and Student
Recorde Polio. If a student is suspended or
expelled, a notation will be made on the
student's academic record. The notation of
suspension will be removed at the time the
student is readmitted to the University.
E. Student Access to Records
Records and documents that will be con-
sideredinanarbitration willbemadeavailable
to the accused studentbut may be redacted to
protect the privacy rights of individuals not
directly involved in the resolution process.
F. Reports of Actions
Statisticalreports ofactionstakenthrough
the Code will be published following each
academic term. These data will cover the
number of complaints of violations,the type
of violations, the types ofresolution, and the
sanctions.
G. Concurrent Legal and Code Proceed-
ings
If an accused student is undergoing civil
or criminal action on the same behavior
which forms the basis of a complaint under
this Code, the accused student may choose
to delay a Code resolution until the external
proceedings come to fruition. By choosing
to delay the Code process, the accused stu-
dent accepts suspension from the University
and may notenter University property with-
out authorization from the RC.
H. Amending the Code of Student Con-
duct
This Code of Student Conduct may only
be amended by a majority vote of the Re-
gents of the University of Michigan.
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