STATEMENT OF STUDENT RIGHTS AND RESPONSIBILITIES

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Effective: January 1, 1996

The Office of Student Conflict Resolution

Updated/revised: July 1, 2007

I. Introduction

The University of Michigan–Ann Arbor (the University) is dedicated to supporting and maintaining a scholarly community. As its central purpose, this community promotes intellectual inquiry through vigorous discourse. Values which undergird this purpose include civility, dignity, diversity, education, equality, freedom, honesty, and safety.

When students choose to accept admission to the University, they accept the rights and responsibilities of membership in the University's academic and social community. As members of the University community, students are expected to uphold its previously stated values by maintaining a high standard of conduct. Because the University establishes high standards for membership, its standards of conduct, while falling within the limits of the law, may exceed federal, state, or local requirements.

Within the University, entities (such as schools and colleges; campus, professional, and student organizations) have developed policies that outline standards of conduct governing their constituents and that sometimes provide procedures for sanctioning violations of those standards. This Statement of Student Rights and Responsibilities (the Statement) does not replace those standards; nor does it constrain the procedures or sanctions provided by those policies. This Statement describes possible behaviors which are inconsistent with the values of the University community; it outlines procedures to respond to such behaviors; and it suggests possible sanctions which are intended to educate and to safeguard members of the University community.

II. Student Rights

Students at the University have the same rights and protections under the Constitutions of the United States and the State of Michigan as other citizens. These rights include freedom of expression, press, religion, and assembly. The University has a long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent. As members of the University community, students have the right to express their own views, but must also take responsibility for according the same right to others.

Students have the right to be treated fairly and with dignity regardless of age, color, creed, disability, marital status, national origin or ancestry, race, religion, sex (including gender identity and gender expression), sexual orientation, or veteran status. The University has a long-standing tradition of commitment to pluralistic education. Accordingly, the University, through this Statement, will not discriminate on the basis of group status.

Students have the right to be protected from capricious decision-making by the University and to have access to University policies which affect them. The University has an enduring commitment to provide students with a balanced and fair system of dispute resolution. Accordingly, this Statement will not deprive students of the appropriate due process protections to which they are entitled. This Statement is one of the University's administrative procedures and should not be equated with procedures used in civil or criminal court.

III. Student Responsibilities

Along with rights come certain responsibilities. Students at the University are expected to act consistently with the values of the University community and to obey local, state, and federal laws.

IV. Violations

Students are expected to comply with published University policies. The following behaviors, for example, contradict the values of the University community and are subject to action under this Statement.

V. Scope of the Violations

Behavior which occurs in the city of Ann Arbor, on University controlled property, or at University sponsored events/programs may violate the Statement. Behavior which occurs outside the city of Ann Arbor or outside University controlled property may violate the Statement only if the behavior poses an obvious and serious threat or harm to any member(s) of the University community.

The Statement of Student Rights and Responsibilities is intended to incorporate other specific University policies by reference. These policies are: the University Housing's Community Living at Michigan Handbook, the Information Technology Division's Condition of Use Statement, and the Computer Aided Engineering Network's Conditions of Use Policy. The Statement will be used to address violations of these policies only if the violation warrants a process or a sanction beyond what is available in these policies. In such cases, policy adjudicators may take intermediate action regarding a complaint as defined by their individual policy; however, final resolution will occur under the procedures outlined in this Statement.

VI. Procedures

The University will use the following procedures to respond to behavior which goes against the values of the University community as defined in this Statement. The University considers the procedures for resolving disputes a part of its educational mission and is committed to a process which provides both peer review and mediation. Persons who have questions about the Statement should contact the Resolution Coordinator who provides support to all participants. Resolution and appeal processes are administrative functions and are not subject to the same rules of civil or criminal proceedings. Because some violations of these standards are also violations of law, students may be accountable to both the legal system and the University.

Stage 1: Initiating the Resolution Process

Any student, faculty member, or staff member may submit a complaint alleging a violation of the Statement. A student, faculty member, or staff member may also submit a complaint based upon information reported to that person. All complaints must be submitted to the Resolution Coordinator (RC), in writing, within six months after the incident(s) alleged in the complaint. The RC may waive the six-month limitation when a late submission is reasonable. If the RC determines, based on an investigation, that the alleged behavior may be a violation of the Statement, the RC will notify the accused student and schedule a meeting as described below.

The RC may dismiss the complaint at any stage if the RC reasonably believes that the complaint is baseless or otherwise unsupported by the available evidence, or that the underlying grievance or problem is better resolved in a different manner.

Stage 2: Resolution Process

The RC will meet with the accused student to explain the complaint and the resolution process. The student may be accompanied by an advisor. The student will have the opportunity to ask questions and make a statement. The RC will inform the accused student (1) that statements the student makes to the RC may be considered at any hearing, (2) that the student does not have to make a statement at the initial meeting, (3) that all OSCR records are confidential to the extent permitted by law, (4) that the student has a right to know the potential sanctions before admitting responsibility (but may not appeal if the student accepts responsibility without asking about sanctions), and (5) that the student may consult with his or her advisor before accepting responsibility.

The accused student has a choice of the following methods of dispute resolution:

Acceptance of Responsibility

The accused student has the option of accepting responsibility for the charges and accepting the sanction chosen by the RC. Upon request, the accused student has the right to know the potential sanctions before accepting responsibility, however the accused student may not appeal if he accepts responsibility without asking about sanctions. The accused student also has the option of accepting responsibility for the charges and requesting a hearing on the sanctions under the procedures outlined in VI.2.C. "Hearing."
Mediation

If (1) all persons personally and directly affected by the conflict agree to resolve the complaint through mediation, and (2) if the RC believes that mediation is an appropriate form of resolution, then the RC will make arrangements for the mediation to occur. The nature of some complaints, especially those involving violence, may make mediation an unrealistic option.

Parties will be offered the choice of using a University or a non-university mediator. Mediation is a voluntary process which may or may not result in a mediated agreement. When a mediated agreement is reached by the parties, the case is resolved and parties are encouraged to use the RC as a resource for future questions. Mediated agreements may not be appealed.

If the mediator reports that mediation has failed, the accused student has the choice of accepting responsibility or proceeding to a hearing.
Hearing

The accused student may choose to have a Resolution Officer or a Student Resolution Panel arbitrate the dispute. In cases which involve more than one accused student, the students will have the option of choosing whether they have the same or separate hearings. If students cannot agree, the hearings will be separate. Should the complainant disagree with the accused student's choice, an RO will determine whether an RO or a panel is most appropriate for the complaint based on explanations submitted by the parties.

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, but may only advise the party. For example, the advisor may not question witnesses or make presentations.

At a hearing, the RC will be in charge of preparing and submitting information gathered during the investigation. Both parties may have access to all written or other information that will be considered prior to the hearing. Both parties have the right to the names of witnesses providing information prior to the hearing.

During the hearing, the RO, RC, accused student, complaining witness and student panelists (if applicable) have the right to question the complaining witness and the RC. Each of the above-enumerated persons may also ask questions of (1) the accused student, if he or she chooses to testify and (2) of any witnesses who have presented information. Silence by the accused will not be used as evidence of responsibility for a charge. Witnesses may be present in the hearing room only when they are presenting information. At any time during the hearing, the accused student may request a recess to consult with his or her advisor. The accused student and the complainant may call any witness whose information is of value to the case, but the RO may exclude a witness if the witness is duplicative.

The accused student, complaining witness, and RC may also present written reports to the panel or RO. The accused student and complaining witness may make statements to the panel or RO at the beginning and end of the proceeding.

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. To ensure fairness and consistency, and to maximize the educational potential of the process, panelists must have access to details, rationales, and results of past cases. The student is presumed not responsible unless clear and convincing evidence is presented that a violation of the Statement has occurred.

A tape recording will be made of Statement hearings, and will be made available (in the OSCR office) to the accused student or complaining witness upon request during the period in which an appeal may be filed or is pending. In all cases, the RO will issue a written decision containing findings of fact, conclusions as to responsibility, and rationales for all sanctions imposed.

All arbitrated resolutions will result in findings of fact. The fact-finder will also make recommendation(s) regarding sanctions to the Dean of Students, who may accept or modify the recommendation(s). The Dean may not modify a sanction to include suspension or expulsion. However, when expulsion is recommended, the Dean may instead suspend the student.

Stage 3: Appealing the Resolution Process

An appeals process is an essential safeguard for an imperfect human process that attempts very hard to be fair. The appeal process is available to each party. Appeals may be filed for the following reasons: proper procedures were not followed, the evidence clearly does not support the finding(s), sanctions are insufficient or excessive relative to the violation, or there is new evidence not reasonably available at the time of the hearing. All appeals must be submitted in writing to the RC within 10 academic calendar days after notification of the Dean of Students' decision to accept or modify the recommendations resulting from the hearing. The VPSA may waive the 10 day limitation when a late submission is reasonable. The appeal will be reviewed by an Appeals Board composed of one student appointed by the Michigan Student Assembly, one faculty member appointed by the Faculty Senate, and one administrator appointed by the President. MSA, the Faculty Senate, and the President will each appoint one alternate member to the Appeals Board. The Appeals Board will recommend one of the following actions to the VPSA: (a) confirming the decision made through the hearing process, (b) altering the sanction(s), (c) striking the initial finding of responsibility and/or sanction(s) and remanding to the original fact-finder for further consideration with corrective instructions from the Appeals Board, or (d) ordering a new hearing before a new fact-finder. The VPSA may accept or modify the recommendation(s). The VPSA may not modify a sanction to include suspension or expulsion. However, when expulsion is recommended, the VPSA may instead suspend the student.

VII. Sanctions

Sanctions are designed to promote the University's educational mission. Sanctions may also serve to promote safety or to deter students from behavior which harms or threatens people or property or is motivated by bias because of membership in a group listed in II¶2. Some behavior is so harmful to the University community or so deleterious to the educational process that it may require more serious sanctions: removal from housing, removal from specific courses or activities, suspension from the University, or expulsion. No sanction will automatically impose other sanctions following future offenses. One or more of the following sanctions may be recommended:

Formal Reprimand:

A formal notice that the Statement has been violated and that future violations will be dealt with more severely.
Disciplinary Probation:

A designated period of time during which the student is not in good standing with the University. The terms of probation may involve restrictions of student privileges and/or set specific behavioral expectations.
Restitution:

Reasonable compensation for loss, damage, or injury to the appropriate party in the form of community service or service learning, money, or material replacement.
Restriction from Employment at the University:

Prohibition or limitation on University employment.
Class/Workshop Attendance:

Enrollment and completion of a class or workshop that could help the student understand why her or his behavior was inappropriate.
Educational Project:

Completion of a project specifically designed to help the student understand why her or his behavior was inappropriate.
Service:

Performance of one or more tasks designed to benefit the community and help the student understand why her or his behavior was inappropriate.
University Housing Transfer or Removal:

Placement in another room or housing unit or removal from University housing.
Removal from Specific Courses or Activities:

Suspension or transfer from courses or activities at the University for a specified period of time.
No Contact:

Restriction from entering specific University areas and/or all forms of contact with certain person(s).
Suspension:

Separation from the University for a specified period of time or until certain conditions are met.
Expulsion:

Permanent separation from the University.

VIII. Related Procedures

Emergency Suspension

If a student's actions pose an immediate danger to any member of the University community, the VPSA or a designee may immediately suspend the student pending a meeting. Except in extraordinary circumstances that meeting will be scheduled within two academic calendar days. At this meeting, the student will be informed of the nature of the alleged violation, presented with available evidence, and given the opportunity to make a statement and present evidence. If the emergency suspension is continued, the student will be offered a hearing option within ten academic calendar days.
Procedural and Interpretive Questions

All procedural and interpretive questions concerning the Statement will be resolved by the VPSA or designee. At any time, the VPSA or the RC may consult the Office of the General Counsel about a case or procedures.
Selection of Mediators, Student Panelists, and Resolution Officers

University mediators will be selected by the VPSA. A list of trained non- university mediation services will be maintained by the Office of the Vice President for Student Affairs. The VPSA will try to identify non-university mediators who will serve parties at no charge or on a sliding fee scale. A neutral mediator will be assigned to each mediation. Each winter term 60 students will be appointed to serve as panelists for the following academic year. The VPSA or designee will generate a random ordered list of potential student panelists using a method approved by MSA which is expected to encourage a diverse pool of students. The students will be contacted and asked if they will serve as panelists for the following year, subject to the approval by MSA and other respective student government bodies, until the designated number of student panelists has been appointed. Resolution Officers are recommended equally by the Faculty Senate and the VPSA. Each Student Resolution Panel will consist of five voting student panelists and a non-voting Resolution Officer who will oversee the proceedings.
Records of Resolution Actions

Records will be maintained by the RC with regard to any and all actions taken under the Statement. Accordingly, records will be maintained by the RC of complaints, mediations, 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 Statement with sufficient specificity to indicate that a violation of the Statement occurred. 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/~regoff/ferpa/

If a student is suspended or expelled, a notation will be made on the student's academic record. The notation of suspension will be removed at the time the student is readmitted to the University.
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.
Reports of Actions

Statistical reports of actions taken through the Statement will be published following each academic term. These data will cover the number of complaints and the types of violations, resolutions, and sanctions. Periodic, regular review of records of resolution actions will be made available, in confidence, to the Code of Conduct Advisory Board Chair of MSA. Personally identifiable information will be removed from all records prior to any review.
Concurrent Legal and Statement 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 Statement. In the interest of fairness to an accused student, however, a student undergoing civil or criminal action for the same behavior which forms the basis of a complaint under this Statement may request a reasonable delay of the Statement resolution process until external proceedings are resolved. In determining whether a request is reasonable, the RC 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, the RC may implement conditions on continued enrollment, as appropriate. If an accused student's request for delay is denied, he or she may withdraw from enrollment and may not re-enroll until authorized by the Vice President for Student Affairs or his or her designee.
Advisor Corps

The MSA, with approval of the General Counsel, has the option to develop a student peer advisor corps. These advisors will be available to any student party involved in Statement proceedings (excluding mediations). All potential peer advisors in the Advisor Corps must successfully complete training provided by the Office of Student Conflict Resolution. The Office of Student Conflict Resolution will develop and conduct training in consultation with the MSA.
Amending the Statement of Student Rights and Responsibilities

The Michigan Student Assembly, the Senate Assembly, or the Executive Officers of the University may propose amendments to the Statement. All proposed amendments will be reviewed by the Students Relations Committee of SACUA. After consultation with each of the above mentioned groups, the Student Relations Committee will forward the proposed amendments to the President of the University with the committee's recommendation on implementation. The final decision on amending the Statement will be the President's.

The President will endeavor to communicate his or her decision to accept or reject each of the proposed amendments in a public and timely manner, during the regular academic year. It is suggested that the President's communication to the student body state a rationale for each decision to reject an amendment.

Nondiscrimination Policy Statement (effective March 1, 2006)

The University of Michigan, as an equal opportunity/affirmative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action, including Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973. The University of Michigan is committed to a policy of nondiscrimination and equal opportunity for all persons regardless of race, sex (including gender identity and gender expression), color, religion, creed, national origin or ancestry, age, marital status, sexual orientation, disability, or Vietnam-era veteran status in employment, educational programs and activities, and admissions. Inquiries or complaints may be addressed to the Senior Director for Institutional Equity and Title IX/Section 504 Coordinator, Office of Institutional Equity, 2072 Administrative Services Building, Ann Arbor, Michigan 48109-1432, 734-763-0235, TTY 734-647-1388. For other University of Michigan information call 734-764-1817.

Regents of the University of Michigan

Julia Donovan Darlow, Ann Arbor
Laurence B. Deitch, Bingham Farms
Olivia P. Maynard, Goodrich
Rebecca McGowan, Ann Arbor
Andrea Fischer Newman, Ann Arbor
Andrew C. Richner, Grosse Pointe Park
S. Martin Taylor, Grosse Pointe Farms
Katherine E. White, Ann Arbor
Mary Sue Coleman, ex officio

For more Information, contact:
The Office of Student Conflict Resolution (OSCR)
734-936-6308
http://www.oscr.umich.edu/