Student Rights & Code of Conduct
When students choose to accept admission to the University of Michigan-Dearborn (“the University”), they accept the rights and responsibilities of membership in the University’s academic and social community.
The primary purpose of the Statement of Student Rights and Code of Student Conduct (“the Code”) is to assist the University in providing an environment which supports the educational process and the well-being of the campus community. The responsibility for maintaining such an environment is shared by all members of the campus community. The Code was written by students, faculty, and staff of the University of Michigan-Dearborn.
Free inquiry and free expression are essential attributes of the University community. As members of the community, students are encouraged to develop the capacity for critical judgment and to engage in a substantial independent search for truth. The freedom to learn depends upon the opportunities and conditions in the classroom, the campus, and in the larger community. The responsibility to secure and respect general conditions conducive to the freedom to learn should be shared by all members of the academic community.
As members of the University community, students are expected to uphold its values by maintaining a high standard of conduct. Such values include, but are not limited to, civility, dignity, diversity, education, equality, freedom, honesty, and safety. The Code is an articulation of the University's commitment to recognize and support the rights of its students and to provide a guide for defining behaviors the University considers inappropriate. It is not, however, meant to be an exhaustive list of all rights supported by the University or of all actions which may be considered misconduct. The Code defines student rights and conduct standards in order to give general notice of conduct expectations, to identify sanctions that will be imposed when misconduct occurs, and to ensure that students are treated with fundamental fairness and personal dignity.
Disciplinary proceedings initiated in response to a charge of violation will be the responsibility of the Code Process and will be undertaken according to the provisions and procedures articulated by the Code. The focus of inquiry in disciplinary proceedings will be on the question of responsibility of those charged with violating the Code.
Members of the University community are accountable to both civil authorities and to the University for acts which violate the law and this Code. Disciplinary action at the University will, normally, proceed during the pendency of external civil or criminal proceedings and will not be subject to challenge on the grounds that external civil or criminal charges involving the same incident are pending or have been invoked, dismissed, or reduced.
Within the University, entities (such as schools and colleges, business units 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 does not replace those standards; nor does it constrain the procedures or sanctions provided by those policies. The Code will be used to address violations of other University policies when the violation warrants a process or sanction beyond what is available in those policies. In such cases, the policy administrator may take intermediate action regarding a violation of their individual policy; however, final resolution will occur under the procedures outlined in this Code.
Nothing in this document should be construed so as to limit the Chancellor’s authority to maintain health, diligence, and order among students under Regents’ Bylaw 2.02.
B. ACADEMIC RIGHTS
1. Protection of Freedom of Expression. Students are responsible for learning thoroughly the content of any course of study, but are free to take exception to the data or views presented and to reserve judgment about matters of opinion.
2. Protection Against Improper Disclosure. Protection against improper disclosure of information regarding student views, beliefs, and political associations which instructors acquire in the course of their work as instructors, advisors, and counselors is considered a professional obligation.
3. Protection Against Improper Academic Evaluation. Students can expect protection, through orderly procedures, against prejudice, arbitrary or capricious evaluation. Students are also expected to respect the academic freedom of faculty and their rights and responsibilities to determine curriculum and evaluate academic performance.
4. Academic Policies. If any student has a grievance regarding academic practices and policies, there are established procedures within each college and school of the University or resolving such problems. See the appropriate school or college section of the Catalog for a statement of the academic grievance procedure to be followed.
5. For conflicts involving a faculty or staff member, students are encouraged to try to resolve the matter through consultation with that individual. If the conflict relates to unlawful discrimination or harassment, the student should consult with the Office of Institutional Equity. Formal complaints must be filed with the Office of Institutional Equity.
C. 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. Higher education has a long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent. As members of our University community, students have the right to express their own views, but must also take responsibility for granting the same right to others.
Students have the right to be treated fairly and with dignity regardless of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight, or veteran status, and as revised in the University of Michigan Nondiscrimination Policy. The University has a long-standing tradition of commitment to pluralistic education. Accordingly, the University, through this Code, will not unlawfully discriminate on the basis of protected 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 courts.
Students and student organizations are free to discuss questions of interest to them and to express opinions publicly and privately without penalty. In conveying the ideas and opinions of students, the student press is free from censorship and the need of advance approval.
Editors, managers, and writers must subscribe to the standards of responsible journalism. At the same time, they are protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content. Students have the right to privacy of personal possessions. Searches and seizures may be conducted by appropriate University officials, but only for specific reasons of probable cause and not freely at will. The student(s) being searched must be notified of the object of the search, unless there is immediate danger to person or property.
D. STUDENT CONDUCT
Along with rights come certain responsibilities. Students are expected to conduct themselves in a manner conducive to an environment of academic integrity and of respect for the educational process and the safety and well-being of all members of the campus community. Students are also expected to comply with published University policies. The following behaviors, for example contradict the behavioral standards of the University community and are subject to disciplinary action under this Code. The prohibited conduct listed below should be used as a guide rather than viewed as an exhaustive list of all behaviors that the University considers misconduct and subject to disciplinary action.
1. Causing or threatening to cause physical harm to another person, including acts such as killing, assaulting or battering.
2. Perpetrating intimate partner violence.
3. Sexual misconduct as defined in the University’s Student Sexual Misconduct Policy.
5. Discrimination or harassment in violation of the University’s Nondiscrimination and harassment policy.
7. Disrupting University business operations or University sponsored activities. This includes but is not limited to studying, teaching, research, University administration, or campus safety, fire, police, or emergency services (except for behavior that is protected by the University’s policy on Freedom of Speech and Artistic Expression).
8. Interfering with the freedom of expression or rights of individuals on University premises or at University sponsored activities.
9. Furnishing false information to the University.
10. Failing to comply with directions of University officials, including campus safety, acting in performance of their duties.
11. Initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on University premises or at University sponsored activities.
12. Theft of University property or funds ; possession of stolen University property; theft or possession of stolen property on University premises.
13. Destroying, defacing, damaging, or misusing any University funds, equipment, materials, services or property or the funds, equipment, materials, services or property of others.
14. 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)
15. Tampering with fire or other safety equipment or setting unauthorized fires.
16. Illegally possessing or using alcohol; illegally distributing, manufacturing, or selling alcohol; illegally possessing or using drugs; or illegally distributing, manufacturing or selling drugs.
17. Commission of any crime on University premises or at University sponsored activities.
18. Lack of compliance with the procedures outlined in the Code; including, but not limited to, filing a false claim, retaliating against or intimidating individuals who participate in the Code process; failure to comply with the terms of an informal or formal resolution; or violating the terms of any sanctions imposed in accordance with the Code.
19. Assuming another person’s identity or role through deception or without proper authorization. Communicating or acting under the guise, name, identification, email address, signature, or indicia of another person without proper authorization, or communicating under the rubric of an organization, entity, or unit that you do not have the authority to represent.
20. Smoking on University property.
21. Conviction, a plea of no contest, acceptance of responsibility or acceptance of sanctions for a crime or civil infraction (other than a minor traffic offense) in state or federal court if the underlying behavior impacts the University community.
22. Violating University computer policies.
23. Promoting, wagering, receiving monies for wagering, or gambling for money or property in any form on University premises or University-sponsored activities that is in violation of applicable laws.
24. Violations of any published University policies.
25. Attempt to commit any act prohibited by Section D of this Code.
E. SCOPE OF VIOLATIONS
Behavior that occurs in the city of Dearborn, on University-controlled property, or at University sponsored events/programs may violate the Code. Behavior that occurs outside the city of Dearborn, outside of University-controlled property, or apart from University sponsored events/programs may violate the Code only if the behavior poses an obvious and serious threat of harm to any member (s) of the University community.
Violations of the Code that occur in cyberspace or other forums may be sanctioned under this Code. The Code references a few specific University policies. Students, however, are responsible for complying with all published University policies. The Code will be used to address violations of other University policies when the violation warrants a process or sanction beyond what is available in those policies. In such cases, the policy administrator may take intermediate action regarding a violation of their individual policy; however, final resolution will occur under the procedures outlined in this Code. Jurisdiction over individual students charged with violating the Code is limited to persons admitted to, or registered at, or eligible to enroll in the University on a full or part-time basis at the time of the alleged violation. The discontinuance of enrollment does not negate the jurisdiction of the Code which applies to all matters that arose while a person was a student.
F. RESOLUTION PROCESS
SECTION 1. PURPOSE
The University provides a uniform, fair and impartial process for reporting, adjudicating and resolving alleged violations of the Code. The responsibility for administering the Code rests with the Vice Chancellor for Enrollment Management and Student Life (“VC EMSL”) who may delegate certain administrative responsibilities. The resolution and appeal processes outlined herein 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.
SECTION 2. INITIATING THE RESOLUTION PROCESS
Any University 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 Student Conduct Advisor in writing, within 180 calendar days after the incident(s) alleged in the complaint. The VC EMSL may waive the limitation period when a late submission is reasonable. If the Student Conduct Advisor determines, based on an initial review, that the alleged behavior may be a violation of the Code, the Student Conduct Advisor will notify the respondent in writing and schedule a meeting to describe the resolution process. If the Student Conduct Advisor determines, based on the initial review of the complaint, that the alleged behavior is not a violation of the Code or that the matter would be better handled through another process or office, the Student Conduct Advisor will notify the complainant in writing that matter will not proceed pursuant to the Code process.
SECTION 3. PROCEDURES FOR HANDLING DISCRIMINATION AND UNLAWFUL HARASSMENT COMPLAINTS
When a student is accused of engaging in unlawful discrimination or harassment including, but not limited to sexual misconduct in violation of the University’s Student Sexual Misconduct Policy, the following procedures will apply. First, the Student Conduct Advisor will refer the matter to the Office of Institutional Equity for review and investigation, if necessary. Next, the Office of Institutional Equity will conduct all investigations in consultation with the Student Conduct Advisor. If a student is found responsible for engaging in unlawful discrimination or harassment, the matter will be referred to the Student Conduct Advisor for sanctioning. The complainant or the responsible student then has the option to file an appeal of the sanction only consistent with the procedures outlined in Section F5-Appeals and the grounds for review outlined in the Student Sexual Misconduct Policy.
SECTION 4. RESOLUTION PROCESS
The Student Conduct Advisor will meet with the respondent to explain the complaint and the resolution process. The students may be accompanied by an advisor. The student will have the opportunity to ask questions and make a statement. The Student Conduct Advisor will inform the respondent (1) that statements the student makes to the Student Conduct Advisor may be considered at any hearing, (2) that the student does not have to make a statement at the initial meeting, (3) that all disciplinary records are confidential to the extent permitted by law, and (4) that the student has a right to know the potential sanctions before admitting responsibility (but may not appeal if he accepts responsibility without asking about sanctions). The respondent has a choice of informal or formal dispute resolution, as described herein. Both parties may choose to avoid the Code process and engage in alternative conflict resolution methods that may include mediation or facilitated dialogue, for example.
A. INFORMAL RESOLUTION PROCESS
The respondent has the option of accepting responsibility for the charges and accepting the sanction chosen by the Student Conduct Advisor. Upon request, the respondent has the right to know the potential sanctions before accepting responsibility; however the respondent may not appeal if he accepts responsibility without asking about sanctions. The respondent also has the option of accepting responsibility for the charges and requesting a hearing on the sanctions under the procedures outlined in Section 3FB. The respondent may not appeal an informal resolution.
B. FORMAL RESOLUTION PROCESS
Standard of Proof. The standard of proof is the preponderance of the evidence standard. This standard requires that the information supporting each finding be more convincing than the information offered in opposition to it. Under this standard, individuals are presumed not to have engaged in the conducted report unless a preponderance of the evidence supports a finding of responsibility If the matter cannot be appropriately or satisfactorily resolved through informal resolution, it will be referred for a hearing. The Student Conduct Advisor will refer the matter to the Hearing Board chair within fifteen (15) University business days after initiated by either party. The Student Conduct Advisor will be in charge of preparing and submitting information submitted by the parties to the Hearing Board Chair. The procedures for conducting a formal hearing are outlined in Appendix B.
SECTION 5. APPEALS
An appeals process is an essential safeguard for an imperfect human process that makes every effort to be fair. The complainant and the respondent may appeal a decision of the Hearing Board to the Provost who will convene and chair the Code of Appeals Board. An appeal must be submitted in writing to the Provost’s Office within ten (10) University business days from the date of receipt of the letters notifying the respondent and the complainant of the final decision of the Hearing Board. Failure to appeal within the allotted time will render the original decision final and conclusive. Appeals will be decided upon the record of the original hearing and upon the written statements on appeal submitted by the parties, the Hearing Board Chair and/or the Student Conduct Advisor. Grounds for appeal are limited to one or more of the following reasons: 1. There is a material deviation from the procedures affected the outcome of the case; or 2. There is new and relevant information that was unavailable at the time of the investigation and resolution that could reasonably affect the matter of the outcome; or 3. The sanctions are not appropriate and proportionate to the determined violation(s); or 4. The evidence clearly does not support the finding(s). The Code Appeals Board may take one of the following actions: confirm the decision made through the hearing process, alter the sanction(s), or recommend a re-hearing. The decision of The Code Appeals Board is final. The imposition of sanctions may be deferred during the pendency of an appeal proceeding at the sole discretion of the VC ESML.
The sanctions to be imposed should be commensurate with the offending conduct. Because education may be the most effective and appropriate means of addressing behavior that violates the standards of a university community, the University encourages fashioning sanctions to include an educational element which may help students understand their behavior in the context of the academic community. Although it is inappropriate for the University to try to change a student's convictions, it is appropriate for the University to ask a student to change behavior.
Regrettably, some conduct is so harmful to members of the University community or deleterious to the educational process that more severe sanctions may be required.
The sanctions imposed under these standards do not diminish or replace the penalties which may be invoked under generally applicable civil or criminal laws. Students are reminded that many violations of the standards, including harassment and other discriminatory behavior, may violate various local, State and federal laws and, therefore, also be subject to legal action.
A combination of the sanctions described below may be imposed. The range of potential sanctions is as follows:
1. Suspension from Specific Course or Activity. The student is removed from a specific course or activity.
2. Class/Workshop Attendance. The student enrolls in and completes a class that may help improve the student’s understanding of why the conduct engaged in is inappropriate.
3. Community Service. The student performs an appropriate amount of service that is both beneficial to the community and likely to assist the student in understanding the harm caused by the student’s misconduct.
4. Restitution. Compensation for loss, damage, or injury to the appropriate party or to the University in the form of service, money or material replacement.
5. Restriction from Employment at the University. Prohibition or limitation on University employment.
6. Educational Project. Completion of a project specifically designed to help the student understand why the student’s behavior was inappropriate.
7. No contact. A directive not to have any contact with a particular person, office or activity.
8. Disciplinary Reprimand. The student receives a formal reprimand for violating the standards of behavior and a warning that future violations may result in more severe disciplinary action. The student, however, does not lose University privileges.
9. 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 on student privileges, such as engaging in any extra-curricular activity, running for or holding office in any student group or organization, serving on any University committees or participation on varsity or club sports. The terms of probation may also involve specific behavioral expectations. The appropriate University units will be notified of the student's probationary status.
10. Suspension in Abeyance. A designated period of time during which the student is not in good standing with the University and is subject to automatic suspension. The student remains enrolled; however, any violation of the Code or other conditions of the suspension, during the period of Suspension in Abeyance will, after a determination of responsibility, result in automatic suspension.
11. Suspension. The student is temporarily separated from the University for a specified period of time. Conditions may be stipulated for the readmission of a student. When a student is suspended during a term, the student is still responsible for payment of tuition and fees for that term.
12. Academic Dismissal. The student is permanently dismissed from a school or college of the University.
13. Expulsion in Abeyance. A designated period of time during which the student is not in good standing with the University and is subject to automatic expulsion. The student remains in enrolled; however, any violation of the Code or other conditions of the expulsion in abeyance, during the Expulsion in Abeyance, will, after a determination of responsibility, result in automatic expulsion.
14. Expulsion. The student is permanently separated from the University. This penalty may also include the student being barred from University premises and activities. When a student is expelled during a term the student is still responsible for payment of tuition and fees for that term.
15. Other Disciplinary Actions. In addition to or in place of any of the above sanctions, the student may be subject to other penalties commensurate with the offending conduct. This may include but is not limited to degree and/or transcript actions, such as rescission of a degree, withholding of course credit, loss of credit for an assignment/ exam, assignment of additional work, loss of special privileges, behavioral intervention, or a behavioral contract.
H. INTERIM SUSPENSION OR SPECIFIED RESTRICTIONS
The Vice Chancellor for Enrollment Management and Student Life or a designee may suspend a student for an interim period pending disciplinary proceedings. Interim suspensions are effective immediately without prior notice, whenever there is evidence that (1) the continued presence of the student on the University campus poses a substantial threat to the student or to others; or (2) the continued presence of the student on the University campus poses a substantial threat to the stability and continuance of normal University function. Within two University business days after being suspended on an interim basis, the student is entitled to a meeting with the VC EMSL to be informed of the nature of the alleged violation, to be presented with available evidence and to be given an opportunity to make a statement and present evidence. If the interim suspension is continued, the student will be offered a formal hearing within five (5) University business days. The Vice Chancellor for Enrollment Management and Student Life or a designee may appoint an ad hoc hearing board to hear the case, if necessary. The Vice Chancellor for Enrollment Management and Student Life or a designee may institute specific restrictions on the student during the period of interim suspension.
I. RELATED PROCEDURES
SECTION 1. CLEMENCY
The Chancellor of the University has the power of executive clemency.
SECTION 2. TIME LIMITS
For good cause, any time limit in these procedures may be extended by the VC EMSL.
SECTION 3. PROCEDURAL AND INTERPRETIVE QUESTIONS
All procedural and interpretive questions concerning the Code will be resolved by the Vice Chancellor for Enrollment Management and Student Life (VC EMSL) or a designee. At any time, the VC EMSL, Student Conduct Advisor and Hearing Board Chair may consult the Office of General Counsel about a case or procedures.
SECTION 4. RECORDS OF RESOLUTION ACTIONS
Records will be maintained by the VC EMSL or designee with regard to all actions taken under the Code. Accordingly, records will be maintained of complaints, hearings, findings, and sanctions. For each case in which a complaint is issued, including cases where the student accepts responsibility, the record will recite the facts of all conduct found or admitted to be in violation of the Code with sufficient specificity to indicate that a violation of the Code occurred. Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan-Dearborn Student Rights and Records Policy. If a student is suspended or expelled, a notation will be made on the student’s official academic record. The notation of suspension will be removed at the time the student is readmitted to the University.
SECTION 5. OFFICIAL TRANSCRIPTS
The Student Conduct Advisor may place a hold on a student’s transcript that will prevent the student from receiving an official transcript or registering for future terms, if the student fails to participate in or comply with the sanctions issued through the Code process.
SECTION 6. STUDENT ACCESS TO RECORDS
Records and documents that will be considered during a hearing 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.
SECTION 7. REPORTS OF ACTIONS
Statistical reports of actions taken through the Code will be published annually. . These data will cover the number of complaints and the types of violations, resolutions, and sanctions.
SECTION 8. CONCURRENT LEGAL AND CODE PROCEEDINGS
To ensure the educational potential of the process and in fairness to a complainant, the University should provide a prompt response to behavior which goes against the values of the University as defined by the Code. In the interest of fairness to a respondent, however, a student undergoing civil or criminal action for the same behavior, which forms the basis of a complaint under this Code, may request a reasonable delay of the Code resolution process until external proceedings are resolved. In determining whether a request is reasonable, the Student Conduct Advisor will evaluate the unique circumstances of the case, including the length of the delay and the impact of delay on the complainant and community, in addition to protecting the integrity of the resolution process. In granting a request for a delay, Student Conduct Advisor may implement conditions on continued enrollment, as appropriate. If a respondent’s request for delay is denied and the student does want to proceed with the Code resolution process, the student may withdraw from enrollment and may not re-enroll until authorized by the VC EMSL or his/her designee.
SECTION 9. AMENDMENT PROCESS
The Vice Chancellor for Enrollment Management and Student Life is responsible for administering and updating the Code. The VC EMSL may make amendments as necessary but will facilitate a full campus review of the Code at least every five (5) years.
APPENDIX A. DEFINITION OF ROLES
Student Conduct Advisor. The role of the Student Conduct Advisor is to provide guidance regarding the Code and its procedures. The Student Conduct Advisor is responsible for the following: monitoring the structure and process of Hearing Boards; providing training for Hearing Board Members; determining the appropriate venue for any cases in which the type(s) of violation(s) are not clearly or solely either nonacademic or academic misconduct, or in which the academic misconduct may fall within the purview of more than one academic unit; and maintaining all reports of all case resolutions, providing relevant sanction information to the appropriate Dean and/or administrator(s), and producing an annual, statistical summary of all informal and formal adjudication actions.
Hearing Board Chair. The role of the Hearing Board Chair is to managing the formal hearing process. The Hearing Board chair is responsible for the following: scheduling hearings; receiving and providing all relevant documents to hearing board members, and parties, conducting hearings; and drafting the final report. The Hearing Board Chair is a non-voting member of the Hearing Board but may vote only in the case of a tie. Hearing Board Chairs are appointed on an annual basis by the VC EMSL. The VC EMSL may revoke or extend appointments.
Hearing Board. The role of the Hearing Board is to determine whether a student is responsible for a violation of the Code. The Hearing Boards consist of four (4) members who are appointed on an annual basis by the VC EMSL. The Hearing Board consists of one faculty member, one staff member and two students. The VC EMSL will appoint a pool of panelists on an annual basis. The VC EMSL may revoke or extend appointments. At least one-half of the members of the Hearing Board must be students currently enrolled at the University of Michigan-Dearborn.
Appeals Board. The role of the Appeals Board is to review all appeals submitted. The Appeals Board is chaired by the Provost or the Provost’s designee. The Appeals Board is comprised of five voting members: two students, two faculty, and one staff. A quorum shall consist of four voting members with the Chair voting only to resolve a tie-vote by the members.
Student Board members are appointed by the VC ESML, in consultation with Student Government, for one year terms. Appointees need not be members of Student Government but must be enrolled as students. To be eligible for Board membership, the student must be in good academic standing, and be under no current restrictions as a result of Code violation.
Faculty Board members are appointed by the Faculty Senate for staggered three year Appointees need not be members of the Faculty Senate, but they must hold tenured positions as associate or full professors. The Staff Board member is appointed by the Staff Senate for a three year term. The appointee need not be a member of the Staff Senate but must be a permanent employee in a staff position.
APPENDIX B. FORMAL HEARING PROCEDURES
The following procedures will apply to formal hearings:
1. In cases that involve more than one respondent, the students will have the option of choosing whether they have a joint or separate hearing. If the students cannot agree, the hearings will be separate.
2. The Hearing Board chair will provide the parties at least five (5) University business days advance notice of the hearing. The hearing should take place no later than twenty (20) University business days after referral from the Student Conduct Advisor.
3. If any party fails to appear after proper notice, the hearing may proceed and findings may be made. In addition, sanctions may be imposed without the respondent’s participation.
4. The Hearing Board Chair may request the appearance of University faculty, staff or student upon his/her initiative, or upon the request of any Board member or the respondent, or the complainant. University students and employees are required to comply with requests to appear as witnesses.
5. Both parties may have access to all written or other information that will be considered by the Hearing Board before the hearing. Both parties have the right to the names of witnesses who will testify at the hearing before the hearing.
6. Each party may be accompanied at the hearing by a personal advisor, who may be an attorney; however, the advisor may not participate directly in the proceedings. For example, the advisor may not question witnesses or make presentations.
7. The respondent, complainant, and Student Conduct Advisor may also present written statements to the Hearing Board. The respondent and complainant may make statements at the beginning and end of the hearing.
8. During the hearing, the Student Conduct Advisor, the respondent, the complainant and the Hearing Board members have the right to question all participants giving testimony.
9. The Hearing Board Chair shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Unduly repetitious or irrelevant evidence may be excluded.
10. Formal rules of evidence do not apply. The Hearing Board Chair may, at his/her discretion, admit all matters into evidence that reasonable persons would accept as having probative value in the conducting a fair hearing.
11. Any person who disrupts a hearing or who fails to adhere to rulings of the Hearing Board Chair may be immediately removed from the proceedings. If he/she continues to be disruptive, the Hearing Board Chair has the right to remove that person for the duration of the hearing and to continue and conclude the hearing.
12. Witnesses will be asked to affirm that their testimony is truthful. They may be subject to sanctions by the Board with respect to charges of intentionally furnishing false information to the University. Witnesses may be present in the hearing room only when they are presenting information.
13. Respondents have the right to remain silent during the hearing. Silence by the accused will not be used as evidence of responsibility for a charge.
14. 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 hearing.
15. The ensure fairness and consistency, and to maximize the educational potential of the process, panelists may have access to details, rationales, and results of past cases.
16. A recording will be made of hearings, and will be made available to the complainant or respondent upon request during the period in which an appeal may be filed or is pending.
17. After completion of the hearing, the Board will meet privately to determine responsibility and sanctions, by a majority of the Hearing Board Members. The Hearing Board Chair may vote in the case of a tie. A respondent is presumed not responsible unless the preponderance of all the information presented indicates that a violation of the Code has occurred.
18. In all cases, the Hearing Board Chair will issue a written decision containing findings of fact, conclusions as to responsibility, and rationales for all sanctions imposed, within ten (10) business days after the completion of the hearing to the parties, the Student Conduct Advisor, the Dean of the college/school in which the respondent is enrolled, the VC EMSL.
19. Student Conduct Advisor is responsible for monitoring compliance with all sanctions and informal resolution agreements.
Revised: September ____, 2013