Code of Student Conduct
Introduction
Essential values which undergird this purpose include civility, dignity, diversity, education, equality, freedom, honesty, and safety.
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Behavior 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 community. |
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A. Physically harming another person including acts such as killing,
assaulting, or battering
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-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)
J. Making, possessing, or using any falsified University document or record; altering any University
document or record, including
identification cards and meal cards
K. Failing to leave University-controlled premises when told to do so by a police or security officer with reasonable 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
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 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 educate 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 community, 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 balanced and fair system of dispute resolution. Accordingly, this Code will not deprive students of the appropriate due process protections to which they are entitled. This Code is one of the University's administrative procedures and should not be equated with procedures used in civil or criminal court.
VIOLATIONS
Behaviors which contradict the essential values of the University community are:
A. Physically harming another person including acts such as killing, assaulting, or battering
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-controlled property or at University events or programs (unless approved by the Department of Public Safety; such approval will be given only in extraordinary circumstances)
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)
J. Making, possessing, or using any falsified University document or record; altering any University document or record, including identification cards and meal cards
K. Failing to leave University-controlled premises when told to do so by a police or security officer with reasonable 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
SCOPE OF THE VIOLATIONS
Behavior which occurs in the city of Ann Arbor, on University-controlled property, or at University sponsored events/programs may violate the Code. Behavior 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 community.
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 Technology Division's Responsible Use of Technology Resources, and the Computer Aided Engineering Network's Conditions of Use Policy. The Code will be used to address violations of these policies only if the violation warrants a process or a sanction beyond what is available in these policies. In such cases, policy adjudicators may take intermediate action regarding a complaint as defined by their individual policy; however, final resolution will occur under the procedures outlined in this Code.
PROCEDURES
The University will use the following procedures to 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 have questions about the Code should contact the Resolution
Coordinator who provides support to all participants. Resolution and appeal processes are administrative functions and are not subject to the same rules of civil or criminal proceedings. Because some violations of these 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. 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 months after the incident(s) alleged in the 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 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 opportunity to ask questions and make a statement. The student may be accompanied by an advisor. 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 use the RC as a resource for future 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 if the nature of the complaint makes mediation unrealistic, the dispute will be resolved through arbitration.
The accused student may choose to have a Resolution Officer or a Student Resolution Panel arbitrate the dispute. In cases which involve more than one accused student, the RC will choose the form of arbitration if the students 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 arbitration. 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) to the Dean of Students, who may accept or modify the recommendation(s). The Dean may not modify a sanction to include suspension or expulsion. However, when expulsion is recommended, 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 insufficient 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 outcome. The VPSA may waive the 10 day limitation 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 member 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 recommend 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 recommended. Possible sanctions are:
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 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.
E. Class/Workshop Attendance:
Enrollment and completion of a class or workshop that could help the student understand why her or his behavior was inappropriate.
F. Educational Project:
Completion of a project specifically designed to help the student understand why her or his behavior was inappropriate.
G. Service:
Performance of one or more tasks designed to benefit the community and help the student understand why her or his behavior was inappropriate.
H. University Housing Transfer or Removal:
Placement in another room or housing unit or removal from University housing.
I. Removal from Specific Courses or Activities:
Suspension or transfer from courses or activities at the University for a specified period of time.
J. No Contact:
Restriction from entering specific University areas and/or all forms of contact with certain person(s).
K. Suspension:
Separation from the University for a specified period of time or until certain conditions are met.
L. Expulsion:
Permanent separation from the University.
RELATED PROCEDURES
A. Emergency Suspension:
If a student's actions pose an immediate danger to any member of the University community, the VPSA or a designee may immediately suspend the student pending a meeting. Except in extraordinary circumstances that meeting shall be scheduled within two academic calendar days. At this meeting, the student will be given the opportunity to make a statement and present evidence. If the emergency suspension is continued, the student will be offered an arbitration option within ten academic calendar days.
B. Procedural and Interpretive Questions:
All procedural and interpretive questions concerning the Code will be resolved by the VPSA or designee. At any time, the VPSA or the RC may consult the Office of the General Counsel about a case or procedures.
C. Selection of Mediators, Student Panelists, and Resolution Officers:
University mediators will be selected by the VPSA. A list of trained non-university mediation services will be maintained by the Office of the Vice President for Student Affairs. The VPSA will try to identify non-university mediators who will serve par ties at no charge or on a sliding fee scale. A neutral mediator will be assigned to each mediation. Each winter term 60 students will be appointed to serve as panelists for the following academic year. The student government of each school and college, in consultation with its Dean or designee, will appoint a number of students proportionate to its college's share of the total University enrollment. Graduate students will be appointed through their home school or college. It is expected that each student government will appoint a diverse pool of students to serve as panelists. Resolution Officers are recommended by the Faculty Senate and/or the VPSA. Each Student Resolution Panel will consist of five voting student panelists and a non-voting Resolution Officer who will oversee the proceedings.
D. Records of Resolution Actions:
Records will be maintained by the RC with regard to any and all actions taken under the Code. Accordingly, records will be maintained by the RC of complaints, mediations, arbitrations, findings, and sanctions. Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan Student Rights and Student Records Policy. 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 considered during an arbitration will be made available in advance to all parties but may be redacted to protect the privacy rights of individuals not directly involved in the resolution process.
F. Reports of Actions:
Statistical reports of actions taken through the Code will be published following each academic term. These data will cover the number of complaints and the types of violations, resolutions, and sanctions. Periodic, regular review of Code arbitrations will be made available, in confidence, to the Student Rights Commission Chair of MSA. Personally identifiable information will be removed from all records prior to any review.
G. Concurrent Legal and Code Proceedings:
If an accused student is undergoing civil or criminal action for 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 student accepts suspension from the University and may not enter University property without authorization from the RC.
H. Advisor Corps:
MSA, with approval of the General Counsel, has the option to develop a student peer advisor corps. These advisors will be available to any student party involved an arbitration. All potential peer advisors in the Advisor Corps must successfully complete training provided by the office of the RC.
I. Amending the Code of Student Conduct:
This Code of Student Conduct may only be amended by a majority vote of the Regents of the University of Michigan. MSA, the Senate Assembly, or the University administration may propose amendments to the Code.
10-12-98
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