|
Student
Conduct Code and Judicial Structure
| Effective Date: |
1.17.06 |
Revision Date: |
2.24.09 |
| Chapter Name: |
Student
Programs and Requirements |
Policy Number: |
8.1 |
| Policy Name: |
Student
Conduct Code and Judicial Structure |
| A
PDF version of this policy is available
via this link. |
UNIVERSITY POLICY STATEMENT
It is the policy of Eastern Michigan
University to establish a student conduct
code, to be administered by the Office
of Student Conduct and Community Standards,
for the purpose of maintaining a campus
environment that is conducive to learning,
protects the university’s educational
purposes, maintains reasonable order
on campus, and protects the rights of
all members of the University community. The
Eastern Michigan University Student
Conduct Code and the accompanying student
disciplinary processes are intended
to foster ethical development, personal
accountability and civility toward others.
UNIVERSITY PRACTICE
The Student Conduct Code, below, outlines
the practices to be utilized in administering
the student disciplinary system at
Eastern Michigan University.
SECTION I: PURPOSE
In support of the overall goals of
Eastern Michigan University, the purpose
of the Student Conduct Code, administered
by the Office of Student Conduct and
Community Standards, is to maintain
a campus environment that is conducive
to learning, protects the university’s
educational purposes, maintains reasonable
order on campus, and protects the rights
of all members of the University community. The
Student Conduct Code and the accompanying
student disciplinary processes are intended
to foster ethical development, personal
accountability and civility toward others.
The Code embraces several core philosophies:
preservation of the rights of free speech
and peaceable assembly; respect for
freedom of inquiry and constructive
criticism; a conviction that honesty
and integrity are key values to the
University community; and the belief
that all members of the University should
be part of a campus environment that
respects differences of culture, gender,
religion, race, age, lifestyle, or ability.
SECTION II: RESPONSIBILITY
FOR IMPLEMENTATION
The President, as Chief Executive Officer
of the University, has overall responsibility
for implementation of the Student Conduct
Code and the student disciplinary process
and has delegated its overall management
to the Vice President for Student Affairs
and Enrollment Management and the Director
of Student Conduct and Community Standards. The
Office of Student Conduct and Community
Standards is directly responsible for
the daily administration of the University’s
student judicial system.
SECTION III: JURISDICTION
The University will have jurisdiction
over misconduct that occurs on University
premises and/or at University-sponsored
activities but may also address off-campus
behavior if the University determines
that the behavior, or the continued
presence of the student, impairs, obstructs,
interferes with or adversely affects
the mission, processes or functions
of the University.
A student committing a criminal offense,
off-campus that is also a violation
of the Student Conduct Code may be subject
to University discipline.
The University may pursue disciplinary
action against a student at the same
time the student is facing criminal
charges for the same offense, even if
the criminal prosecution is pending,
has been dismissed or the charges have
been reduced.
SECTION IV: DEFINITIONS
A. For purposes of the Student
Conduct Code only, the following definitions
apply:
- FACULTY MEMBER means any
person hired by the University to
conduct classes.
- INSTITUTION or UNIVERSITY means
Eastern Michigan University.
- MEMBER OF THE UNIVERSITY COMMUNITY includes
any person who is a student, faculty
member, University official or any
other person employed by the University.
- STUDENT includes all persons
enrolled for courses through or at
EMU, both full-time and part-time,
and those who attend educational institutions
other than EMU but who reside in EMU
residence halls. Persons who
are not officially enrolled for a
particular term but whose EMU record
indicates a continuing relationship
with the University are considered “students”. Persons
who have been accepted into EMU but
have not yet enrolled for courses
are considered “students”.
- STUDENT GROUP means a number
of students who are associated with
each other and have not complied with
University requirements for registration
as an organization.
- STUDENT IN GOOD STANDING means
a student who is in good academic
standing AND who is not presently
under any University disciplinary
sanctions.
- STUDENT ORGANIZATION means
a number of students who have complied
with University requirements for registration
and/or recognition.
- UNIVERSITY PREMISES includes
all land, buildings, facilities, and
other property in the possession of
or owned, used, or controlled by the
University.
- UNIVERSITY SPONSORED ACTIVITY means
any activity on or off campus, which
is initiated, aided, authorized or
supervised by the University.
SECTION V: VIOLATIONS
The following behavior is subject to
disciplinary action under this Code. An
individual, a group of individuals or
a student organization may be charged
with any of the violations. In
cases where a violation is committed
by an individual member of a student
organization, the entire organization
may be held responsible, in addition
to the individual member, when those
members not directly involved participate
in the activity by encouraging, witnessing
or condoning the act in any manner.
A. Academic Dishonesty
Engaging in academic dishonesty in any
form with respect to examinations,
course assignments, research projects,
grades, and/or academic records, including,
but not limited to the following:
- Cheating - using or attempting to
use unauthorized materials, information
or study aids in any academic assignment. Examples
of cheating are: looking on someone
else’s paper; using any kind
of “cheat” sheet or other
enhancement during a test; allowing
someone else to take an exam in your
place; submitting the same work more
than once for credit; using someone
else’s homework or lab assignments;
collaborating with another student
on any assignment or take-home test
if told that collaboration was not
allowed; assisting another student
in committing an act of academic dishonesty
by allowing another student to copy
homework or an exam; taking an exam
for someone else; or giving test information
to students in other sections of the
same class.
- Falsification - intentional and
unauthorized falsification or invention
of any information or citation in
an academic assignment. Examples of
falsification are: making up data
on an assignment; making up a source
to cite in a paper; altering then
resubmitting returned academic work;
giving false information to a faculty
or staff member to increase one’s
grade; or attempting to change, actually
changing, altering grades or any other
unauthorized tampering with grades.
- Plagiarism - deliberate and knowing
use of someone else’s work or
ideas as one’s own. Examples
of plagiarism are: quoting a source
verbatim, or paraphrasing text from
a given source, without properly citing
the source; turning in a research
paper that was written by someone
else; or in any other way passing
off someone else’s work as one’s
own; or failing to give credit for
ideas or materials taken from someone
else.
B. Alcohol Violations
- Possession or consumption of alcoholic
beverages by persons under the legal
drinking age as defined by Michigan
law.
- Dispensing, selling or supplying
alcoholic beverages to a person under
the legal drinking age as defined
by Michigan law.
- Possession or consumption of alcoholic
beverages in violation of federal,
state and local laws.
NOTES:
- Transportation in sealed containers
to and from an authorized area or
place is permissible if the person
in possession is of legal age to possess
alcoholic beverages as allowed by
Michigan law.
- Use of alcohol and controlled substances
by Greek Organizations is covered
under Student Conduct Code Section
XI: Special Provisions Governing
the University Recognition and Conduct
of Greek Letter Social Organizations”. Those
provisions should be used to address
alcohol violations committed by a
Greek organization.
C. Computer Misuse
- Unauthorized access, entry or use
of a computer, computer system, network,
software, password, account or data.
- Unauthorized alteration or tampering
with computer equipment, software,
network, or data.
- Unauthorized copying or distribution
of computer software or data.
- Use of computing facilities or equipment
to send obscene, harassing, threatening
or abusive messages.
- Use of computers to falsify records,
tamper with records or commit any
act of academic dishonesty.
- Any other act in violation of law
and/or University policies and guidelines
regulating computer-related use.
D. Discrimination by
Student Organizations
Selecting its membership upon the basis
of restrictive clauses involving race,
religion, color, national origin, gender,
age, sexual orientation or disability
unless any given student organization’s
membership restriction is shown to be
specifically allowed by law.
E. Disruptive Conduct
- Actions that impair, interfere with,
or obstruct the normal operations
of the University and/or interfere
with the rights of other members of
the University community or visitors.
This includes intentional occupation
of or blocking the entry or exit of
University facilities, including but
not limited to, buildings, classrooms,
offices, hallways, entryways, conference
rooms and campus grounds.
- Actions that impair, interfere with,
or obstruct the orderly conduct, processes
and functions within any classroom
or other instructional setting. This
includes interfering with a faculty
member’s or instructor’s
role to carry out the normal academic
or educational functions of his/her
class.
- Participating in, leading or inciting
others to disrupt scheduled and/or
normal campus activities, events and
programs.
- Intentional obstruction of the free
flow of pedestrian or vehicular traffic
on University premises or at University
sponsored or supervised functions.
- Disturbance of any member of the
University community or visitor.
- Solicitation on campus without prior
approval from appropriate University
officials. This includes, but
is not limited to, the disbursement
of any forms of promotional/informational
material on University property or
on items (e.g. motor vehicles) on
University property, requests for
donations, or the selling or vending
of any merchandise or services.
F. Drugs
- Possession or use of narcotics,
prescription drugs or other controlled
substances in violation of local,
state or federal drug or narcotic
laws.
- Distribution, delivery or sale of
narcotics, prescription drugs or other
controlled substances in violation
of local, state or federal drug or
narcotic laws.
- Possession or use of drug paraphernalia.
G. Failure to Comply
- Failure to comply with a lawful
order of a University official, including
a campus police officer, in the performance
of his/her duty.
- Failure to comply with the sanctions
rendered during the student judicial
process.
- Failure to comply with a request
to be interviewed by a University
judicial officer during the investigation
of a conduct code violation. (Students
may choose not to appear and present
testimony at a student judicial proceeding
after meeting with the judicial officer.)
H. Falsification/Fraud/False
Testimony
- Furnishing false information to
the University, including false reporting
of emergencies, knowingly making false
accusations or giving false testimony
during the disciplinary process.
- Misuse, reproduction, alteration
or forgery of any University related
documents, records, identification,
keys, access codes or property.
- Providing a worthless check or money
order in payment to the University
or to a member of the university community.
I. Fire and Safety
- Damage to, removal of or tampering
with any fire safety systems, firefighting
equipment or other emergency warning
equipment.
- Intentional or reckless burning
or setting fire to any building or
piece of property owned or controlled
by the University.
J. Gambling
Gambling or participation in games of
chance on campus for money or other
things of value except as provided
by law.
K. Guests
Students are responsible for informing
their guests about campus regulations
and may be held accountable for the
behavior of their guests.
L. Harassment/Stalking
- Conduct (not of a sexual nature)
that creates an intimidating, hostile,
or offensive campus, educational or
work environment for another person
or group.
- Conduct (not of a sexual nature)
that threatens, intimidates, humiliates,
or otherwise harms another person
or group.
- Stalking, defined as following or
otherwise contacting, via any means,
another person repeatedly for no legitimate
purpose, so as to put that person
in fear for his/her life or personal
safety, or to cause that person substantial
emotional distress. Stalking
includes:
- Repeatedly following or harassing
another person.
- Contacting a person after being
asked or ordered not to contact
the person.
- Violating any provision of the
Michigan Stalking Law.
M. Hazing
- Any action or activity committed
by either active members, associate
members or pledges of an organization
which inflicts or intends to cause
physical or mental harm or anxieties;
which may demean, degrade, or disgrace
any person, regardless of location,
intent or consent of participants.
Hazing includes, but is not limited
to:
a. Interference
with a student’s academic or work
performance.
b. Forced
consumption of any food, alcohol, other drugs, or any
other substance.
c. Forced
physical activity.
d. Deprivation
of food or sleep.
e. Physical
acts such as branding and paddling
- Requiring participation in any
activity that violates University
policies or any local, state or
federal law.
- Other violations as outlined in
the Interfraternity Council (IFC),
College Panhellenic Council (CPC)
or National Pan-Hellenic Council
(NPHC) Constitutions.
2. Any action or situation, which
intentionally or unintentionally endangers
a student who is attempting admission
into or affiliation with any student
organization.
NOTES:
1. In cases where the activity
is performed by an individual member
of a student organization, the total
organization may be held responsible,
when those members not directly involved
participate in said activity by encouraging,
witnessing, or condoning the act in
any manner.
2. Any individual and/or organization
found guilty of hazing will be subject
to a minimum penalty of suspension.
N. Physical Abuse and
Endangerment
- Physical violence or attempted physical
violence toward another person or
group.
- Threat of physical violence against
another person or group.
- Any action that endangers the health,
safety or welfare of a person or group.
- Attempt to harm, or actual harm,
to oneself.
O. Property/Facilities/Services
- Theft of University property or
property of a member of the University
or visitor.
- Damage, destruction, or defacement
of University property or property
of a member of the University or visitor,
including littering.
- Wrongful appropriation of University
property or property of a member of
the University or visitor.
- Public posting, selling of, or in
any other way, distribution of notes
of class lectures, course handouts
and outlines, and/or any other University-supplied
materials without the express written
permission of the instructor.
- Unauthorized possession and/or use
of University property or property
of a member of the University or visitor,
including knowingly being in possession
of stolen goods. This includes
unauthorized use of vehicles, equipment,
services, the University name and
logo.
- Unauthorized entry into University
facilities, including but not limited
to buildings, classrooms, hallways,
entryways, conference rooms, and campus
grounds.
- Bringing animals and/or pets into
University buildings, except where
properly authorized. Use or operation
of rollerblades, skates, skateboards,
bicycles, and similar items inside
University facilities, unless expressly
permitted.
- Violation of any policy or guidelines
pertaining to specific usage of a
University facility.
P. Sexual Misconduct/Sexual
Harassment
- Any sexual act that occurs without
the consent of the other person or
occurs when the other person is unable
to give consent.
- Conduct of a sexual nature that
creates an intimidating, hostile or
offensive campus, educational or working
environment for another person. This
includes unwelcome sexual advances
or requests for sexual favors, inappropriate
sexual or gender-based activities,
comments or gestures, or other forms
of verbal or physical conduct or communications
constituting sexual harassment.
- Obscene or indecent behavior, which
includes, but is not limited to, indecent
exposure or the display of sexual
behavior that would reasonably be
offensive to others.
Q. Weapons/Firearms/Explosives
- Possession, storage or use of firearms
and other weapons, including non-lethal
weapons. Examples of such weapons
may include, but are not limited to
pellet guns, air-soft guns and paintball
guns.
- Possession, storage or use of firecrackers,
gunpowder, ammunition, explosives
or incendiary devices, or other articles
or substances which could endanger
health or safety.
R. Other Violations
- Violation of any other published
or posted University regulations not
specifically mentioned in this Section,
including, but not limited to, the
EMU Policy Manual(s); EMU’s
Alcohol and Other Drug Policy; Residence
Hall Contract and the Guide to Campus
Living; Campus Life Council regulations
and guidelines for organizations;
Student Government monetary allocation
guidelines; EMU published undergraduate
and graduate catalogs; EMU’S
Athletics Alcohol and Other Drug Education
and Testing Policy; ORD Research Guidelines;
and Greek Social Policy.
- Aiding and abetting another in any
violation of laws and/or University
policies.
- Attempt or intent to commit any
violation outlined in the Student
Conduct Code.
- Off-Campus Conduct as described
in the Student Conduct Code, Section
III: Jurisdiction.
SECTION VI: SANCTIONS
FOR MISCONDUCT
The purpose of University discipline
is to be corrective and educational
as well as punitive. The disciplinary
experience is intended to make clear
to students the limits of acceptable
behavior and to give students who violate
the rules an opportunity to more fully
understand the rules and incorporate
the experience into his/her overall
development. Assigned discipline may
include a combination of sanctions for
a particular incident. The sanctions
which may be incurred include, but are
not limited to, the following:
A. Sanctions for Students
and/or Student Groups
- Verbal Warning: notice
that continuation or repetition of
prohibited conduct may be cause for
additional disciplinary action.
- Formal Reprimand: An
official written statement of the
University’s disapproval of
a student’s actions and a warning
that any future violation(s) will
be dealt with more severely.
- Disciplinary Probation: An
official notice that the student’s
conduct is in violation of the Student
Conduct Code but does not warrant
suspension or permanent dismissal.
Probation is for a designated period
of time and includes the probability
of more severe disciplinary sanctions
if the student commits another conduct
code violation during the probationary
period. During the Probation
period, a student will be considered “not
in good standing” and may be
excluded from some programs and curricular
or extra-curricular activities, including
running for and/or holding office
in any student organization.
- Suspension: An
involuntary separation of the student
from the University for a definite
period of time and/or until certain
conditions for readmission are met. The
student is not guaranteed readmission
at the end of such period of time,
but is guaranteed a review of the
case and a decision regarding eligibility
for readmission. (Suspension
requires administrative review and
approval by the President or his/her
designee.)
- Deferred Suspension: The
sanction of Suspension may be placed
in deferred status provided that the
student completes other assigned sanctions
by the specified deadline dates. Failure
to complete all sanctions and provide
proof of completion by the deadline
date(s) will result in the automatic
enactment of the suspension without
charges or hearing. If a student
is found responsible for another violation
of the Student Conduct Code during
the period of deferred suspension,
the student may be permanently dismissed
from the University.
- Permanent Dismissal: An
involuntary permanent separation from
the University. (Permanent dismissal
requires administrative review and
approval by the President or his/her
designee.)
- Delay and/or Denial of Degree
Award: During
the period disciplinary charges
are pending against a student,
the University may deny and/or
delay issuance of a degree. Further,
the University may refuse to issue
a degree to a student who is serving
a suspension or has been permanently
dismissed from the University.
- Revocation of degree: An
awarded degree may be revoked for
violations of the Student Conduct
Code, which occur prior to the award
of the degree but are discovered after
the degree has been awarded, where
the violation is sufficient to justify
the suspension or permanent dismissal
of the student. (Revocation of a degree
requires administrative review and
approval by the President or his/her
designee.)
- Other Secondary Sanctions may
be imposed instead of or in addition
to those specified above. Secondary
sanctions include, but are not limited
to:
- Restitution (compensation
for loss, damage or injury)
- Fines (for alcohol
or drug violations)
First Offense = $100; Second Offense
= $200; Third Offense = $300
- Community Service
- Educational activities such
as a reflective writing assignment
or attendance at an event directly
related to the violation committed.
(e.g. alcohol/drug workshop; diversity
awareness training; ethics workshop)
- Restrictions (temporary
or permanent loss of privileges
or the use of a University facility
or service)
B. Sanctions for
Student Organizations
- Verbal Warning: Notice
that continuation or repetition of
prohibited conduct may be cause for
additional disciplinary action.
- Formal Reprimand: An
official written statement of the
University’s disapproval of
a student organization’s actions
and a warning that any future violation(s)
will be dealt with more severely.
- Disciplinary Probation: An
official notice that the student organization’s
conduct is in violation of the Student
Conduct Code but does not warrant
suspension of or permanent termination
of the organization’s University
status. Probation is for a designated
period of time and includes the probability
of more severe disciplinary sanctions
if the student organization commits
another conduct code violation during
the probationary period. During the
Probationary period, a student organization
may also be excluded from campus activities,
forfeit student monetary allocations,
and lose Campus Life status.
- Suspension: An
involuntary withdrawal of student
organization status from the University
for a definite period of time and/or
until certain conditions for renewal
of recognition are met. During this
time, the University will not in any
way recognize nor support the continued
operation of said student organization. The
Student organization must re-apply
to the University for renewed recognition
following any period of suspension. The
suspension shall be reported to said
organization’s national office,
if applicable. (Suspension requires
administrative review and approval
by the President or his/her official
designee.)
- Deferred Suspension: The
sanction of Suspension may be placed
in deferred status provided that the
student organization completes other
assigned sanctions by the specified
deadline dates. Failure to complete
all sanctions and provide proof of
completion by the deadline date(s)
will result in the automatic enactment
of the suspension without charges
or hearing. If a student organization
is found responsible for another violation
of the Student Conduct Code during
the period of deferred suspension,
the student organization may have
its University status permanently
terminated.
- Permanent Termination of
University Status: An
involuntary permanent withdrawal
of student organization status
from the University. The
University will not in any way
recognize nor support the continued
operation of said student organization. The
permanent termination shall be
reported to said organization’s
national office, if applicable.
(Permanent termination requires
administrative review and approval
by the President or his/her official
designee.)
- Other Secondary Sanctions may
be imposed instead of or in addition
to those specified above. Secondary
sanctions include, but are not limited
to:
- Restitution (compensation
for loss, damage or injury)
- Fines (for
alcohol or drug violations)
First Offense = $100; Second Offense
= $200; Third Offense = $300
- Community Service
- Educational activities such
as a reflective writing
assignment or attendance
at an event directly related
to the violation committed.
(e.g. alcohol/drug workshop,
diversity awareness training;
ethics workshop)
- Restrictions (temporary
or permanent loss of privileges
or the use of a University
facility or service)
C. Enhanced Sanctions
Any violation of the Student Conduct
Code against any individual, group
or student organization which is shown
to be motivated by the individual’s,
group’s or student organization’s
racial identity, religion or religious
beliefs, disability, national origin,
gender, sexual orientation or other
personal characteristic will subject
a student/student organization to
a more severe sanction than would
ordinarily accompany that violation.
D. Counseling Assessments
and Counseling
In addition to any sanctions assigned,
a student may also be required to undergo
a mandated counseling assessment.Participation
in counseling may be recommended. Issuance
of sanctions may be postponed pending
the results of the counseling assessment.
SECTION VII: ORGANIZATION
OF THE UNIVERSITY JUDICIAL SYSTEM
A. University Judicial
Board
- Composition -
The University Judicial Board will
consist of ten (10) enrolled
students and four (4) alternates;
four (4) full-time faculty members
and two (2) alternates; and four (4)
full-time members of the University
community and two (2) alternates. A
student member must be a student in
good standing in order to be selected
for and remain on the University Judicial
Board.
- Selection of board members -
In consultation with the Director
of Student Conduct and Community Standards,
student members will be appointed
by the Student Government; faculty
members will be selected by Faculty
Council; and the full-time members
from the University community will
be selected by the President or his/her
designee.
- Terms of Office -
Board members will be appointed for
a two-year term. They may be
reappointed by the person or body
who appointed them. Two members
serving as Chairpersons will be elected
by a majority vote of all of the University
Judicial Board members.
- Removal from office -
A board member may be removed from
the board for poor attendance by a
simple majority vote of the total
University Judicial Board.
- Jurisdiction -
The University Judicial Board will
serve as the panel to hear the case
of any student(s)/student organization
seeking resolution of the case through
the formal hearing process.
- Procedural Considerations
- Selection of the University Judicial
Board members for any given case
depends on the availability of the
members at the time scheduled for
the hearing.
- A quorum for a given hearing will
exist with the presence of any five
(5) members. During vacation
periods or summer session, the University
Judicial Board has the authority
to convene a disciplinary hearing
with only three (3) members, provided
that at least one of those is a
student.
- The Chairperson will exercise
control over the proceedings.
B. Judicial
Appeals Board
- Composition -
The Judicial Appeals Board will consist
of four (4) enrolled students; four
(4) full-time faculty members; and
four (4) full-time members of the
University community. A student member
must be a student in good standing
in order to be selected for and remain
on the Judicial Appeals Board.
- Selection of board members -
In consultation with the Director
of Student Conduct and Community Standards,
student members will be appointed
by the Student Government; faculty
members will be selected by Faculty
Council; and the full-time members
from the University community will
be selected by the President or his/her
designee.
- Terms of Office -
Board members will be appointed for
a three-year term. They may
be reappointed by the person or body
who appointed them. Two members
serving as Chairpersons will be elected
by a majority vote of all of the Judicial
Appeals Board members.
- Removal from office -
A board member who is consistently
unavailable for appellate reviews
may be removed from the board by a
simple majority vote of the total
Judicial Appeals Board.
- Jurisdiction- The
Judicial Appeals Board will serve
as the panel to review decisions rendered
by the University Judicial Board during
the formal hearing process. Both
the charged party and the University
will have the right to appeal a University
Judicial Board decision.
- Procedural Considerations
- Selection of the Judicial Appeals
Board members for any given case
depends on the availability of the
members at the time scheduled for
the appeal.
- A quorum will exist with the presence
of a Chairperson and any two (2)
other Judicial Appeals Board members,
EXCEPT that any three (3) Judicial
Appeals Board members may hear the
appeal if a Chairperson cannot be
available within a reasonable time,
not to exceed fourteen (14) work
days from the date of receipt of
the written appeal.
SECTION VIII: RIGHTS OF CHARGED
STUDENT(S)/STUDENT ORGANIZATIONS
IN DISCIPLINARY PROCEEDINGS
- The following rights apply to a
student conduct proceeding that has
reached the level of a formal hearing,
EXCEPT that Rights One (1) through
Four (4) apply also to any investigative
meeting held with the Office of Student
Conduct and Community Standards and
to the Informal Disposition Conference. Student(s)/student
organizations will have the right
to:
- Remain silent and not have that
silence used against them.
- Have a voluntary advisor, or conduct
advocate, present who may participate
in the proceedings. The advisor
or advocate must be a member of the
university community, and if the advisor
or advocate is another EMU student,
she/he must be a student in good standing.
- Engage an attorney, at the student/student
organization’s own expense only
when criminal prosecution is pending
on charges stemming from the same
incident. The attorney may appear
at the proceedings with the student(s)
to provide advice, but may not represent
the student(s)/student organization,
directly question or cross-examine
witnesses, or, in any other way, participate
in the proceedings.
- Be given a written statement of
the charges against them, in accordance
with the provisions of Section IX.B.
of the Student Conduct Code.
- Adequate notice of dates set for
all hearings, and related conferences
and meetings.
- Reasonable review of the disciplinary
case file maintained by the Office
of Student Conduct and Community Standards
prior to a formal hearing and/or appeal.
- Question and cross-examine the complainant
and all witnesses.
- Present witnesses and submit any
pertinent, supportive documentation. The
hearing board, by a 2/3 vote of members
present at the hearing, may limit
the number of witnesses in order to
avoid dilatory tactics.
- An open or closed hearing. A
hearing will be considered open if
no person is excluded until the room’s
capacity has been reached EXCEPT that
a person may be removed if his/her
behavior is disruptive to the hearing
process. A closed hearing will
include only the charged student(s)/student
organization, Student Conduct and
Community Standards official(s), witnesses,
and members of the particular judicial
board hearing the case.
- Challenge a judicial board member
on the grounds of bias, conflict of
interest or any other factor that
could preclude the board member from
rendering an impartial and fair decision. The
board member may be disqualified upon
majority vote of the remaining members
of the board present at the hearing,
conducted by secret ballot. If
the board votes to exclude the challenged
board member from that particular
hearing, the hearing will continue
with the remaining board members present,
even if the number of board members
remaining is less than the number
required by the Student Conduct Code
to reach a quorum for that hearing.
- A written statement of the outcome
of the proceeding, and a description
of the appeal procedure.
- Make a taped recording of the proceeding
at their own expense.
- Appeal the decision of the university
judicial board, subject to the provisions
of the Student Conduct Code, Section
IX.E: Appeal of Formal Hearing
Results.
SECTION IX: UNIVERSITY
DISCIPLINARY PROCEDURES
Reporting
Any member of the university community
may initiate a complaint against a student
or student organization for an alleged
violation of the Student Conduct Code
through the Office of Student Conduct
and Community Standards. A complainant
shall submit the complaint to the Office
of Student Conduct and Community Standards
within a reasonable amount of time from
the date he/she becomes aware of the
alleged violation. For purposes
of this Code, an incident report generated
by the Department of Public Safety or
an incident report generated by a member
of the University will be considered
a complaint to be reviewed by the Office
of Student Conduct and Community Standards
for possible Student Conduct Code violations.
- Charges
and Notice
- The Office of Student Conduct and
Community Standards will investigate
each complaint, and if the circumstances
surrounding the complaint indicate
that a violation of the Student Conduct
Code may have occurred, disciplinary
charges may be issued. The student(s)/student
organization will be notified of the
charges in writing. Notice of
the charges will be considered adequate
if it is sent to the student(s)/student
organization’s last known address
registered with the University OR
to the address given by a student
on either an EMU Department of Public
Safety’s Incident Report or
on a Housing Incident Report.
- Proper written notice to a student/student
organization will include the following:
- Recitation of facts surrounding
the incident, in as sufficient detail
as possible as to date, time, and
location;
- Statement of the specific conduct
code provision(s) violated;
- Any penalty assigned or other
action taken;
- Amount of time in which the student(s)/student
organization has to respond to the
notice;
- Ramifications of not responding
to the notice within the time limit;
and
- Copy of “Rights of Charged
Students/Student Organizations in
Disciplinary Proceedings”.
- The Office of Student Conduct and
Community Standards may place a judicial
hold on a student’s academic
record, and/or may go forward with
disciplinary action against a student/student
organization in either of the following
situations:
- The student or student organization
fails to respond to a charge letter
sent by the Office of Student Conduct
and Community Standards within the
applicable time limit.
- The student withdraws from the
University after allegedly committing
a violation, whether
or not the Office of Student Conduct
and Community Standards has yet
had the opportunity to charge the
student with a conduct code violation.
- The student/student organization
fails to appear at his/her scheduled
formal hearing or appeal hearing.
- Disposition of Cases
A disciplinary case may be handled
in one of the following two formats:
- Informal Disposition Conference-
The student(s)/student organization
representative and a judicial officer
will meet informally to discuss the
alleged violation(s). If the
substantive facts and sanction(s)
can be agreed upon by the judicial
officer and the charged student(s),
a disciplinary action agreement will
be prepared and signed by both sides. A
signed disciplinary action agreement
will constitute a waiver of the right
to a formal hearing and any appeal,
and an acceptance of the finding(s)
and sanction(s). The
President or his/her designee must
approve any suspension, permanent
dismissal or permanent termination
of a student organization’s
university status.
- Formal Hearing -
If, during the informal disposition
conference, the student(s)/student
organization disputes the findings
by the Office of Student Conduct and
Community Standards that a violation
has occurred or if an appropriate
sanction(s) cannot be agreed upon,
the case will be referred for
a formal hearing. In cases where
the student(s)/student organization
was issued a verbal warning or formal
reprimand as part of the Informal
Disposition Conference, a formal hearing
will be offered before a judicial
officer different than the one who
proposed the original sanction. Procedures
for this hearing will be consistent
with those noted in Section IX:D.
This option allows the student(s)/student
organization to respond to the charges,
present witnesses on his or her own
behalf and question witnesses. Formal
hearings are tape-recorded. The judicial
officer may find the party charged
not responsible for violating the
Code of Conduct. If the party
is found responsible the student(s)/student
organization will be notified in writing. This
decision of the judicial officer is
final and there is no right of appeal.
In cases where sanctions other
than verbal warning or formal reprimand
are proposed as part of the Informal
Disposition Conference, a formal
hearing will be offered before the
University Judicial Board. Procedures
for this hearing are set forth in
Section IX.D.
Procedures for Formal Hearings
- Notice of Hearing - After
the formal hearing is scheduled, the
Office of Student Conduct and Community
Standards will notify the student(s)/student
organization involved of the date,
time and place of the hearing and
of the pre-conference.
- Pre-conference -
At least two (2) days prior to the
formal hearing, a pre-hearing conference
will be scheduled by the Office of
Student Conduct and Community Standards
for any charged student(s)/student
organization. The two (2) day
requirement may be modified by mutual
consent of the charged student(s)/student
organization and the Office of Student
Conduct and Community Standards. The
conference will include the presiding
officer of the University Judicial
Board or a designee, the Director
of Student Conduct and Community Standards
or a designee, any individual designated
to represent the University, and the
charged student(s)/student organization
and their advisor.
The purpose of the pre-hearing conference
will be to identify those issues and
facts which will be presented at the
hearing, to exchange information as
to witnesses likely to be called, to
answer procedural questions, and to
settle those matters which may be agreeably
concluded. The conference will
not be used to settle the issue of whether
or not the violation was committed or
to challenge any recommended sanctions. Failure
of the charged student(s)/student organization
or the advisor to appear will in no
way affect any of their procedural rights
and will not prohibit a hearing from
being set and being held.
- Formal Hearing Premises-
The following premises will govern
any formal hearing:
- The focus of inquiry in a University
hearing will be the determination
of whether a violation of University
rules occurred, and such decision
will be totally unrelated to any criminal
or civil decisions against the student(s)/student
organization arising from the same
incident.
- Formal rules of evidence will not
apply to University proceedings, nor
will deviations from these prescribed
procedures necessarily invalidate
a decision or proceeding unless significant
prejudice to the charged student(s)/student
organization or the University may
result.
- The charged student(s)/student organization
will be presumed to have not violated
the Student Conduct Code until it
is proven otherwise.
- The burden of proof during a formal
hearing will rest with the University. The
University must prove its case by
a preponderance of the evidence, meaning
that the evidence, considered in its
entirety, indicates that, more likely
than not, the charged student(s)/student
organization committed the violation(s).
- The judicial officer may recommend
a sanction to the University Judicial
Board during the formal hearing, but
the University Judicial Board will
have the authority to reject the recommendation
and issue any sanction(s) deemed appropriate.
- All formal hearings will be recorded. Copies
of the recording will remain the property
of the University and will serve as
the official record of the proceedings.
- Disposition of the Case
- University Judicial Board decisions
as to culpability of the charged
student(s)/student organization
and sanctions to be issued will
be made by a simple majority of
the University Judicial Board members
present at the hearing. After
hearing the case, board members
will go into closed session to reach
a decision.
- Decisions of the University Judicial
Board will be in writing. The
decision will state what rule was
violated, the behavior constituting
the violation, and any sanctions
issued. Within two (2) working
days, the written decision will
be submitted to the Director of
Student Conduct and Community Standards.
If the recommended sanction is not
a suspension, permanent dismissal
of the student or permanent termination
of University status, the Director
of Student Conduct and Community
Standards will mail the decision
to the student(s)/student organization
within two (2) working days after
being submitted to that office by
the University Judicial Board.
- If the recommended sanction is
either a suspension, permanent dismissal
or permanent termination of University
Status, the Director of Student
Conduct and Community Standards
will submit the decision to the
President or his/her designee for
review. The President or his/her
designee will either accept or reject
the University Judicial Board’s
decision to suspend, permanently
dismiss the student, or permanently
terminate the University status
of a student organization. If
the decision is rejected, the President
or his/her designee will provide
to Student Conduct and Community
Standards a written rationale for
the rejection of the University
Judicial Board’s sanction. A
rejection of the University Judicial
Board’s sanction will constitute
an automatic appeal to the Judicial
Appeals Board.
- The President or his/her designee
will have five (5) working days
after submission of the University
Judicial Board’s decision
to take action. If no action
is taken during that time, the University
Judicial Board’s decision
will be considered approved.
- The Office of Student Conduct
and Community Standards will send
the written decision to the student(s)/student
organization by using the address
of record. Additional copies
will be sent to the student(s)/student
organization by using an official
university e-mail address. The
communication will take place within
one (1) working day following any
presidential action. If the
five (5) working days lapse without
the President or his/her designee
taking action, the Office of Student
Conduct and Community Standards
will mail the University Judicial
Board’s written decision to
the student(s)/student organization
on the sixth (6) working day following
the submission of the decision to
the President or his/her designee
for review.
- Appeal of Formal Hearing
Results
- Right to Appeal -
Student(s)/student organizations
or the University (represented
by the Office of Student Conduct
and Community Standards) may request
that the University’s Judicial
Appeals Board review the decision
rendered at the conclusion of
the formal hearing process. Student(s)/student
organization(s) may challenge
the finding of the University
Judicial Board that a violation
occurred and/or the sanction(s)
assigned. Conversely, the
University may challenge the finding
of the Board that no violation
occurred or that the sanction(s)
issued were not severe enough
for the violation committed.
- Appeal Process for Student(s)/Student
Organizations - The
following steps should be
followed by student(s)/student
organizations in order to
file an appeal:
- A written request for an appeal
must be submitted to the Office of
Student Conduct and Community Standards
within seven (7) working days from
the date of the written decision from
the formal hearing. The
appeal will be immediately forwarded
to the Judicial Appeals Board for
consideration. Unless extenuating
circumstances can be shown, failure
to appeal within the allotted time
will render the University Judicial
Board’s decision final.
- The written request for an appeal
must state the grounds for appeal
(citing the appropriate grounds from
the “Grounds for Appeal” list
below); a discussion of the evidence
and facts in support of the appeal;
and a recommended solution.
- The request for an appeal must be
typed and should include any supporting
documentation that should be considered
by the Judicial Appeals Board.
- Grounds for Appeal -
The following will be considered the
only grounds for an appeal:
- There were procedural errors in
the case or in the interpretation
of University rules and regulations
serious enough to deny the student(s)/student
organization a fair hearing.
- There is new evidence of a substantive
nature not previously available
at the time of the hearing, which
would have materially affected the
decision.
- The severity of the sanction is
disproportionate to the violation(s)
committed.
- The decision of the Board was
not supported by the evidence presented
at the hearing.
- Appeal Process for the University -
The following steps should be followed
by the University in order to file
an appeal:
- A written request for an appeal
must be submitted by Student Conduct
and Community Standards to the Judicial
Appeals Board within seven (7) working
days from the date of the written
decision from the formal hearing. A
copy of the appeal will also be made
available to the student(s)/student
organization. Unless extenuating
circumstances can be shown, failure
to appeal within the allotted time
will render the University Judicial
Board’s decision final and conclusive.
- The written request for an appeal
must state the grounds for appeal
(citing the appropriate grounds from
the “Grounds for Appeal” list
below); a discussion of the evidence
and facts in support of the appeal;
and a recommended solution.
- The request for an appeal must be
typed and should include any supporting
documentation that should be considered
by the Judicial Appeals Board.
- Grounds for Appeal -
The following will be considered the
only grounds for an appeal:
- There were procedural errors in
the case or in the interpretation
of University rules and regulations
serious enough to affect the University’s
chance of proving its case.
- The sanction is too lenient given
the violation(s) committed.
- There is new evidence of a substantive
nature not previously available at
the time of the hearing, which would
have materially affected the decision.
- The decision of the Board was not
supported by the evidence presented
at the hearing.
- Scheduling an Appeal
- The Judicial Appeals Board
will convene an appeal hearing
as soon as possible after
receiving the written appeal. A
quorum will exist with the
presence of a Chairperson
and any two other board members,
EXCEPT that any three board
members may handle the appeal
if the a Chairperson cannot
be available within a reasonable
time, not to exceed fourteen
(14) calendar days from the
receipt of the written appeal.
- After the appeal is scheduled,
Student Conduct and Community
Standards will notify the
student(s)/student organization
involved of the date, time
and place of the hearing.
- Appeal Hearing Premises-
The following premises will govern
any appeal hearing:
- Deviations from these prescribed
procedures will not necessarily
invalidate a decision or proceeding
unless significant prejudice
to the charged student(s)/student
organization or the University
may result.
- On appeal, the burden of
proof rests with the appellant
to clearly exhibit that one
of the four grounds for an
appeal has been met; this
is not a re-hearing of the
entire case.
- All appeal hearings will
be recorded. Copies
of the recording(s) will remain
the property of the University
and will serve as the official
record of the proceedings.
- Any sanction(s) issued by
the University Judicial Board
will not take effect until
the appeal process is completed.
- Disposition of the Appeal
- Prior to the appeal hearing,
the Judicial Appeals Board
will meet in closed session
to review the written decision
of the University Judicial
Board, the written appeal,
any supporting documentation
provided by the Appellant,
and the recording of the formal
hearing.
- After reviewing the case
materials, the Judicial Appeals
Board will convene the Appeal
Hearing and call in both parties
to the appeal. The student(s)/student
organization may bring an
advisor or conduct advocate
to the Hearing who may speak
on their behalf. The
advisor or conduct advocate
must be a member of the University
community, and if the advisor
or conduct advocate is a student,
he/she must a student in good
standing.
- The party who filed the
appeal will be allowed fifteen
(15) minutes to present his/her
case to the Judicial Appeals
Board. The Board members may
then ask questions of the
appellant. The opposing
side will then be given fifteen
(15) minutes to present its
counter-arguments, after which
the Board members can ask
questions of that party.
- The Judicial Appeals Board
will again go into closed
session to reach a decision
in the case, then reconvene
the hearing and read its decision. The
decision will be made by a
simple majority of the Judicial
Appeals Board members present
at the hearing.
- The Judicial Appeals Board
may take one of the following
- Uphold the decision of the University
Judicial Board in its entirety.
- Alter the sanctions imposed by the
University Judicial Board EXCEPT that
the Board cannot increase the severity
of the sanctions if the appeal was
filed by the student(s)/student organizations.
- Send the case back to the University
Judicial Board for a new hearing only
if there were errors in procedures
or interpretation of University rules
and regulations or there is new evidence
in the case. A decision issued
by the University Judicial Board in
a case sent back to it by the University
Appeals Board may not be appealed
again and will be the final decision,
pending approval by the President
or his designee in accordance with sub-section
f below.
- Dismiss the case against the student(s)/student
organization.
- In cases where the Judicial Appeals
Board, or the University Judicial
Board upon a re-hearing of the case,
issues a suspension, permanent dismissal
of the student or permanent termination
of University status of a student
organization, the decision will be
sent to the President or his/her designee
for review. The President or
his/her designee will have five (5)
working days after submission of the
decision to either affirm or alter
the decision. This decision
will be final. If no action
is taken during that time, the appellate
decision, or the decision from a re-hearing
will be considered approved.
- The Office of Student Conduct and
Community Standards will send the
written decision to the student(s)/student
organization within one (1) working
day following any presidential action. If
the five (5) working days lapse without
the President or his/her designee
taking action, the Office of Student
Conduct and Community Standards will
mail the written decision to the student(s)/student
organization on the sixth (6) working
day following the submission of the
decision to the President or his/her
designee for review.
SECTION X: SPECIAL
DISCIPLINARY PROVISIONS
GOVERNING ACTS OF ACADEMIC
DISHONESTY
- Academic dishonesty is both an academic
matter between a student and his/her
faculty member and a violation under
the Student Conduct Code subject to
University disciplinary action. An
act of academic dishonesty may and
should be handled by the faculty member,
the student, and, if appropriate,
the faculty member’s department
head and/or the dean over that particular
academic department. Sanctions
that can be assigned by a faculty
member range from giving a reduced
grade on the particular work in question
to failing the student for the entire
course. In addition, some academic
departments and programs have their
own policies for dealing with academic
dishonesty and/or violations of Professional
Codes of Ethics which allow the department
or program to impose sanctions ranging
from probation to program dismissal.
A sanction assigned by a faculty member
and/or an academic department or program
is an academic, not a disciplinary
sanction.
- If the matter is resolved satisfactorily
between the student and the faculty
member, and the faculty member decides
not to refer the student for university
disciplinary action, the faculty member
may still report the incident to the
Office of Student Conduct and Community
Standards. The Office of Student
Conduct and Community Standards will
maintain a record of the reported
incident and may elect to pursue university
disciplinary action against a student
who is reported to that office for
a subsequent act of academic dishonesty.
- If the faculty member decides that
a stronger sanction is needed instead
of or in addition to any academic
sanctions assigned by that faculty
member, the incident may be referred
to the Office of Student Conduct and
Community Standards for review and
possible university disciplinary action. Once
the referral is made to the Office
of Student Conduct and Community Standards,
the incident will be handled in the
same manner as would any other allegation
under the Student Conduct Code.
- In cases where the student denies
the allegation of academic dishonesty,
the faculty member may elect to postpone
assigning any academic sanctions until
after the student has gone through
the university disciplinary process.
If at the end of that process, the
charge of academic dishonesty is upheld,
the faculty member may then assign
an academic sanction. The academic
sanction is independent of any disciplinary
actions taken against the student
by the University.
- Academic sanctions assigned by the
faculty member in agreement with the
student or assigned by the faculty
member after the charge of academic
dishonesty has been validated through
the University disciplinary system
cannot be grieved under the University’s
Grade Grievance Procedure.
SECTION XI: SPECIAL
PROVISIONS GOVERNING THE UNIVERSITY
RECOGNITION AND CONDUCT OF GREEK LETTER
SOCIAL ORGANIZATIONS
- Because of the importance of the
Greek social system and because of
the unique circumstances under which
it operates, the following conditions
have been established between the
University and the Greek social organizations. These
provisions set out the requirements
for maintaining University recognition
and good standing and delineate specific
violations that may be handled through
the Greek system’s own judicial
process rather than under the University’s
Student Conduct Code.
- The University reserves the right
to retain jurisdiction over cases
in which the conduct violates both
these provisions and the University’s
Student Conduct Code AND the University
determines that the misconduct is
of such severe nature as to impair,
obstruct, interfere with or adversely
affect the mission, processes or functions
of the University.
- The University may take action against
an individual member of a student
organization for misconduct that is
both a violation of this provision
and of the Student Conduct Code, regardless
of any separate disciplinary action
taken against the student organization.
- This section of the Student Conduct
Code applies only to the relationship
between the University and the Greek
social organizations and has no bearing
on relations between chapters and
national and/or alumni agreements.
- Good standing must be maintained
in order for Greek social organizations
to participate in Greek sponsored
activities. Failure to do any
of the following will constitute a
violation of these provisions of the
Student Conduct Code and will subject
the Greek social organization to disciplinary
action, including possible loss of
good standing, as described within
these provisions under sub-sections
F and G:
- Registering annually as a recognized
student organization with Campus Life;
- Participating in the appropriate
Greek governing bodies (The National
Pan-Hellenic Council (NPHC), The Interfraternity
Council (IFC), or The College Panhellenic
Council (CPC);
- Submitting roster and grade release
forms for active members and pledges/associates
during the first month of the semester;
- Following all rules and guidelines
for New Member Recruitment Process,
and the Greek Social Policy; and
- Abiding by all terms and conditions
of the alcohol and controlled substance
guidelines below:
- The possession, use and/or consumption
of alcoholic beverages while on chapter
premises during an official event
or in any situation sponsored or endorsed
by the chapter or organization must
be in compliance with any and all
applicable laws and University rules
and policies.
- No chapter or organization members,
collectively or individually, shall
purchase for, serve to, or sell alcoholic
beverages to anyone under the legal
drinking age.
- The possession, sale, and/or use
of any illegal or controlled substance
at any chapter, organization or University
sponsored event are strictly prohibited.
- Alcohol or controlled substances
will be prohibited at any and all
recruitment activities.
- Open parties where alcohol is provided
by the host chapter, meaning those
with unrestricted access by non-members
of the organization, without specific
invitation, will be prohibited.
- All organizations must provide,
at no charge, an alternative non-alcoholic
beverage and food at any event where
alcohol is provided.
- There will be no solicitation or
encouragement of alcohol consumption
by contest or promotion at any chapter
event where alcoholic beverages are
present.
- Greek organizations whose members
are in violation of this policy, regardless
of whether the individuals are identified,
will be subject to one or more of
the sanctions listed in the Student
Conduct Code, Section VI.B: Sanctions
for Student Organizations.
- The following process will be utilized
in any incident alleging a violation
of these policy provisions by a Greek
Social organization:
- The incident will be referred
to the respective Greek Judicial
Board for hearing and original
adjudication (i.e. cases involving
members of the Panhellenic Council
and Interfraternity Council
will be heard by the Greek Judicial
Board and cases involving members
of the NPHC will be heard by its
own council). Each Greek
Council will establish its own
judicial board and its own set
of hearing procedures for handling
the incident. The chair
of the respective Greek Judicial
Board will immediately inform
the Office of Student Conduct
and Community Standards about
any incident referred to it.
- A decision rendered by the
respective Greek Judicial Board
may be appealed by either the
party alleging the violation
or by the Greek social organization
being accused of a violation. The
appeal will be made in accordance
to policies governing each of
the governing councils..
- The Office of Student Conduct
and Community Standards will
receive written transcripts
of all final judicial decisions,
from the Greek Judicial Board. The
Office of Student Conduct and
Community Standards will review
the decision and may accept
or reject the proposed sanctions.
- In the event the Office of
Student Conduct and Community
Standards rejects the final
decision, the Director will
provide a written explanation
of the rejection and a recommended
alternative.
- In the event that the Office
of Student Conduct and Community
Standards and the Greek board
rendering the final decision
cannot reach an agreement, the
case will be referred to the
Eastern Michigan University
Judicial Appeals Board as outlined
in the Eastern Michigan University
Student Conduct Code. In this
instance the Office of Student
Conduct and Community Standards
will notify the national or
international headquarters of
the organization involved. In
the case of local organizations,
the Alumni Association will
be notified.
SECTION XII: INTERIM
SUSPENSIONS
AND OTHER INTERIM SANCTIONS
- For alleged violations of this Code,
interim sanctions, including but not
limited to, interim suspension, reassignment
to alternate housing, limitation of
access to designated University housing
facilities and/or campus facilities
by time and location, and limitation
of privilege to engage in specified
University activities may be imposed
by the President or his/her designee. Such
interim sanctions are to be utilized
only when there is reason to believe
that the student(s)/student organization’s
conduct poses a substantial threat
of harm to oneself or others, threatens
or endangers University property,
or disrupts the stability and continuance
of normal University operations and
functions.
- FOR INTERIM SUSPENSIONS ONLY, a
student will be denied access to the
residence halls, and/or to the campus
(including classes), and to all other
University activities or events, which
the student might otherwise be eligible
to participate in or attend. A
student organization will lose its
University student organization status
and will be denied access to any University
activities or events which the student
organization might otherwise be eligible
to participate in or attend.
- A student/student organization will
be notified of an interim sanction
or interim suspension, orally, by
written notice served on the student/student
organization, or by written notice
sent to the last address on record. The
interim sanctions or interim suspension
takes effect the day it is issued
by the President or his/her designee.
- A student/student organization issued
an interim suspension or interim sanctions
will be given an opportunity to appear
before the Vice President of Student
Affairs and Enrollment Management
or a designee within three (3) working
days in order to discuss the following
issues only:
- the reliability of the information
concerning the student/student
organization’s alleged
misconduct.
- whether the conduct and surrounding
circumstances reasonably indicate
that the continued presence
of the student on University
premises poses a substantial
and immediate threat to himself/herself,
to others, or to property.
- The Vice President for Student Affairs
and Enrollment Management or his/her
designee may affirm or alter the interim
sanctions or interim suspension based
on the discussion with the student/student
organization. If the decision
is affirmed, the Vice President or
his/her designee will inform the student/student
organization of that decision at the
conclusion of the discussion. Regardless
of whether the interim sanctions or
interim suspension is affirmed or
altered, the Vice President or his/her
designee will direct that a formal
hearing before the University Judicial
Board take place within ten (10) days. If
the University fails to schedule the
formal hearing within the ten (10)
day period, the interim sanctions
or interim suspension will cease although
the original charges will not be dropped
and will still be handled through
the University’s disciplinary
process.
SECTION XIII: EMERGENCY
POWERS OF THE PRESIDENT
- The President, as Chief Executive
Officer of the University, is charged
with the maintenance of that degree
of order and safety necessary to the
successful continuation of the University’s
lawful mission, and he/she is further
charged with the authority to protect
the members of the University community
and University property.
- When faced with mass disruptions,
activity of a violent and destructive
nature, or other dangerous violations
of University rules of a serious enough
nature to threaten the University,
the President, after consultation
with and approval of the Board of
Regents, may declare a “state
of emergency” and do any of
the following:
- Impose and have enforced a
curfew on all or portions of
the University campus.
- Curtail or suspend services.
- Close the University or portions
of the University entirely for
the period of emergency.
- Issue an emergency suspension
and forbid the presence on campus
of any student(s)/student organization(s)
if they have been sufficiently
identified to him/her as participants
in activities which violated
University policy and led to
the conditions described above.
Suspensions issued under this
section of the code are effective
immediately upon notice to the
student(s)/student organization(s).
- Appoint a Special Hearing
Board on an ad hoc or extraordinary
basis to make a recommendation
as to whether any emergency
suspensions issued should be
continued. The Special
Hearing Board will convene and
make its recommendations to
the President within seven (7)
calendar days from the effective
date of the emergency suspension. Regardless
of the recommendation to the
President as to the continuation
of the emergency suspension,
the President will direct Student
Conduct and Community Standards
to convene a formal hearing
before the University Judicial
Board within ten (10) days of
the date of the Special Hearing
Board’s recommendation
to the President in order to
rule on the original charges
brought against the student(s)/student
organization(s).
- Take other actions that may
be explicitly stated in or implied
by any laws governing the authority
of the University and/or the
President in emergency situations.
NOTES: Due to the unique circumstances
and severe conditions that would lead
the President to exercise any of his/her
emergency powers, an emergency suspension
issued under this section of the Code
is to be considered different from an
interim suspension issued under the
conditions stated in Section XIII. The
issuance and review of an emergency
suspension will be handled in accordance
with the procedures outlined above in
sub-sections 4 and 5.
- The Board of Regents, regardless
of granting any emergency powers to
the President, in no way restricts
its own powers and prerogative to
carry out its obligations and duties
as imposed by the Constitution and
laws of the State of Michigan.
SECTION XIV: STUDENT DISCIPLINARY
FILES AND RECORDS
- Student Conduct and Community Standards
will establish a student disciplinary
file whenever a case is referred for
investigation of a possible conduct
code violation. A student or
student organization’s file
will be destroyed if the investigation
indicates that no violation occurred. The
file of a student/student organization
found to have violated the conduct
code will be retained for four (4)
years from the date of the sanction
or until the student’s graduation
from the University, whichever comes
first. Student conduct records
may be retained longer or permanently
if the student was suspended or permanently
dismissed or if there is reason to
believe the case could result in future
litigation.
- A notation will be made on the student’s
official University transcript if
the student was suspended, permanently
dismissed or given an “E” grade
in a course as a result of academic
dishonesty.
- The release of student disciplinary
records will be governed by applicable
federal and state laws governing the
privacy of educational records.
SECTION XV: REVIEW
OF THE STUDENT JUDICIAL SYSTEM
- The Office of Student Conduct and
Community Standards will convene a
Student Judicial System Review Committee
at least every four(4) years that
will be responsible for carrying out
the following tasks:
- Reviewing the goals and effectiveness
of the University’s disciplinary
system;
- Reviewing the effectiveness of the
types of sanctions issued;
- Recommending changes to the Student
Conduct Code;
- Recommending changes in the judicial
processes and procedures established
and followed by the Office of Student
Conduct and Community Standards; and
- Recommending training sessions and
publications on topics related to
the mission of the Office of Student
Conduct and Community Standards to
educate the campus community about
student conduct and the campus judicial
processes.
- The Committee will be appointed
and chaired by the Director of Student
Conduct and Community Standards and
will include one representative from
the following areas: Office
of the Ombudsman; Legal Affairs; Housing;
Health Services; Counseling Services;
Student Government; Faculty Council;
Department of Public Safety; Campus
Life; a Chairperson of the University
Judicial Board; and a Chairperson
of the Judicial Appeals Board.
- Amendments to the Student Conduct
Code that receive the support of the
Review Committee will be forwarded,
in accordance with University procedures,
to the Board of Regents for approval.
RESPONSIBILITY FOR IMPLEMENTATION
The President, as Chief Executive Officer
of the University, has overall responsibility
for implementation of the Student Conduct
Code and the student disciplinary process
and has delegated its overall management
to the Vice President for Student Affairs
and Enrollment Management and the Director
of the Office of Student Conduct and
Community Standards. The Office
of Student Conduct and Community Standards
is directly responsible for the daily
administration of the University’s
student judicial system.
SCOPE OF POLICY COVERAGE
This policy applies to all students,
student groups, and student organizations
as defined in Section IV of the Student
Conduct Code.
| Authority
for Creation or Revision: |
Minutes of the
Board of Regents, September 17,
1969; para. .816M.
Minutes of the Board of Regents,
August 19, 1970; para. .921M.
Minutes of the Board of Regents,
March 27, 1991; para. .4356M.
Minutes of the Board of Regents,
December 1, 1992; para. .4630M.
Minutes of the Board of Regents,
January 17, 2006; para. .6103M
Minutes of the Board of Regents,
February 24, 2009
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