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. Your sneakers would have no sole L THE COMPREHENSIVE STUDIES PROGRAM Don't Buy A Computer Yet! Your tape player would have no rhythm Your Jeans would not be blue WILL BE RETURNING TO ITS PERMANENT Manufacturers and advertisers do not tell you everyhing you need to kow about LOCATION IN ROOM G 155 AND ROOM 1159 their computers. Yos mast be prepared! 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