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FAQs for RespondentsFIRST CONTACT I’ve just received a notice of allegations from the Office of Student Conflict Resolution asking me to a meeting. Why was it sent? The notice you’ve received is notice that OSCR has received a complaint alleging that you have violated the Statement of Student Rights and Responsibilities. What mailing address does OSCR use to correspond with students? OSCR uses the official current address of record provided by the student on Wolverine Access. As a courtesy, an electronic copy is sent to the student’s University email account. MEETING What happens now? We’ve set up a time for you to meet with a student staff member. This meeting is an opportunity for you to learn more about the options open to you for resolving the conflict Am I required to attend? You are encouraged to attend. It’s best for all parties if your voice and perspective are part of the process. Under the Statement, OSCR is obligated to ensure that the Resolution Process is administered in a timely manner and in a way that protects the rights of both the complainant and the respondent. As such, the Resolution Process may go forward even if you opt not to participate. What will happen at this meeting? You will meet one on one with an OSCR staff member who will:
Can I bring someone to the meeting? Yes. Respondents have the right to an advisor in the Resolution Process. Nearly anyone can serve as an advisor. We can provide you with a referral for an advisor if you request it. The Resolution Process requires an active role of both complainants and respondents. As such, OSCR staff will engage primarily in dialogue with student parties directly and not through an advisor, even if the advisor is an attorney. You can learn more about advisors here: (Attorneys and Advisors). RESOLUTION PROCESS What behaviors are considered violations of the Statement of Student Rights and Responsibilities? A list of violations subject to University action can be found in Section IV of the Statement. What happens when a complaint is submitted? Each complaint submitted to OSCR is the subject of extensive dialogue by the case management team. Case issues are vetted with members of the team to determine the most compassionate and fair outcome. If a complaint’s allegations fall within the purview of the Statement, a notice of allegations is sent. If it is determined that a more appropriate venue is available, a referral is explored. When allegations of a Statement violation are made, will OSCR investigate? The Office of Student Conflict Resolution does not actively investigate cases. OSCR is a neutral facilitator of the University’s resolution process. While at the initial stages of a case, OSCR may dismiss a complaint as baseless or otherwise unsupported by the evidence, or determine that the alleged behavior does not fit within the purview of the Statement. Beyond this initial review, OSCR’s role is to ensure that the Resolution Process is followed. Can a complaint be filed in response to an incident that took place off campus? Yes. Per the Statement:
I’m also involved with the court system as a result of this incident. Isn’t this “double jeopardy”? “Double Jeopardy” is a legal concept that applies to the criminal justice system, not to the University’s educational and administrative Resolution Process. The Resolution Process may go forward even if the criminal charges triggered by the incident are reduced or dismissed. Can I delay my Statement Resolution until after I have resolved my case in the court system? The Statement explains:
What role do respondents have in providing information supporting their perspectives in a dispute? For educational purposes, the Statement of Student Rights and Responsibilities requires an active role of both complainants and respondents. This means that complainants are responsible for supporting their complaint and respondents are responsible for providing their response. Both the complainant(s) and the respondent(s) are provided with substantial information and notices regarding their opportunity to present evidence in support of their assertions. What options are available to me to resolve the allegations? Accept Responsibility If you and the complainant agree on what occurred and how whatever harm is to be repaired, you may consider accepting responsibility for the allegations. Respondents who accept responsibility then work with the Resolution Coordinator to identify the educational measures (sanctions) necessary to repair the harm. Per the Statement, you have the right to know the potential sanctions before accepting responsibility. Request Alternative Conflict Resolution You may request alternative conflict resolution. If all parties agree and the Resolution Coordinator concurs, OSCR will arrange for alternative conflict resolution (ACR). Complaints resolved through the use of ACR do not result in disciplinary records. You can learn more about ACR here: (FAQ for Persons considering ACR) Contest the Allegations You may contest the allegations and/or contest the proposed educational measures (sanctions). As the Statement explains, “the accused student [respondent] may choose to have a Resolution Officer or a Student Resolution Panel arbitrate the dispute. You can learn more about arbitrations (Hearings) in Section VI of the Statement. RESOLUTION OUTCOMES What educational measures (sanctions) are available in the Resolution Process? The goal of the Resolution Process is to resolve conflict peacefully, identify ways to repair harm done, and to educate the parties involved. Per the Statement, sanctions are “designed to promote the University’s educational mission.” The full range of sanctions available to the Resolution Process may be found in Section VII of the Statement. Do I have the right to an appeal the outcome of arbitration? Yes. You can learn more about the appeals process in Section VI of the Statement. I am concerned about being suspended or expelled from the University. Could this happen to me? RECORDS Do parents or guardians have access to my records? Not without your written permission. The Family Educational Rights and Privacy Act (FERPA) maintains the privacy of student records. The web links below provide additional information about this federal law. Per the Statement, “Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan Student Rights and Student Records Policy." (http://www.umich.edu/%7Eregoff/ferpafaq.html). FERPA information is also available from the University’s Office of the General Counsel. (http://www.ogc.umich.edu/faq_student.html). The web links below provide additional information about FERPA. FERPA regulations with links to each part > http://www.ed.gov/policy/gen/reg/ferpa/index.html ASJA Law and Policy Report (14 Jun 07, No 258) “FERPA and HIPPA Resources” > Will my disciplinary record appear as a part of my academic transcript? No, except in cases resulting in suspension or expulsion. FAQs For Advisors and Attorneys FAQs For Persons considering ACR
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