Information about http://www.sa.mtu.edu/dean/judicial/policies/code_of_community_conduct.pdf
Code of Community Conduct I. Statement of…
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Created: Fri Jan 18 08:30:03 2008
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Code of Community Conduct
I. Statement of Purpose and Philosophy. The University community has developed the
standards of conduct set forth in the Code of Community Conduct to accomplish many
important educational objectives and to assist students who will "create the future" to live
with integrity.
II. University Flexibility. Notwithstanding anything in this Code to the contrary, the
University reserves the right to take all actions that it deems necessary and appropriate to
protect the best interests of the University and the University community. Such action
may include modifying this Code without notice as well as instituting proceedings for
any conduct on or off campus, including study-abroad programs, that affects the best
interest of the University and the University community. The University reserves the
right to deviate from this Code on a case by case basis. Furthermore, the University
reviews this Code periodically, and reserves the right to modify the Code; it is the
responsibility of every member of the University community to periodically review the
Code.
III. Authority for Student/Student Organization Discipline. University officers,
administrators, faculty members, committees and organizations, shall implement this
Code and other appropriate policies, rules or regulations adopted by the Board of Control
of the University. Ultimate authority rests in the Board of Control.
IV. Student Participation. Students are encouraged to contribute their skills and insights
in the resolution of University conduct cases involving students through service in the
University Judiciary Committee, the Academic Integrity Committee and the Greek
Judicial Board. Final authority in conduct matters, however, is vested in University
administration and the Board of Control.
V. Standards of Community Conduct. Attendance at Michigan Technological
University is both voluntary and optional. Each member of the University community,
by his or her matriculation at the University or by otherwise availing themselves of the
benefits of the University, indicates that they agree to be bound by this Code and all other
relevant policies, rules or regulations.
The University considers freedom of speech and civil discourse to be essential to
educational development and thus recognizes and values both freedoms provided by, and
limits consistent with, the First Amendment.
Students are free to engage in peaceful and orderly protest, demonstration and picketing
that is consistent with this Code and does not disrupt functions of the University.
However, students and others are not permitted to engage in conduct that disrupts the
University, the University community, or any of its constituent parts.
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VI. Student Organizations Charged with Conduct Violations.
A. The policies, procedures and codes which constitute the statement of Student
Rights and Responsibilities apply to all recognized student organizations.
B. For Greek organizations, the procedures and sanctions for disciplinary actions
are found in the IFC Bylaws and this Code.
VII. Interim Action. The Dean of Students or designee may take interim action against a
Respondent when he/she deems it necessary to protect the best interests of the University.
A. "Interim action" means any lawful action, order, restriction or demand made
pursuant to this Section VII and includes, without limitation:
1. Immediate suspension from the University;
2. Restriction on Respondent's presence in the residence halls, on
University property and/or at University events;
3. A requirement that the Respondent secure a psychological assessment
through Counseling Services or at another facility at the Respondent's
expense and/or a medical assessment. The assessment(s) may be used to
determine the appropriateness of withdrawing the interim action.
B. At the time the University imposes an interim action, or within a reasonable
time thereafter, the Dean of Students or designee shall:
1. Inform the Respondent of the reason for the interim action in writing;
2. Provide the Respondent with an opportunity for a hearing under the
Code's procedures within ten (10) business days of the imposition of the
interim action.
C. If a Respondent fails to comply with the requirements of the interim action,
the University may immediately take any lawful action to obtain compliance.
VIII. Definitions: When used in this document:
A. The term "Code" means any and all University codes, regulations, rules or
policies.
B. The term "Complainant" means any person or organization who alleges a
conduct violation against a student or student organization.
C. The term "hearing board" means the University Judiciary Committee, the
Academic Integrity Committee and the Greek Judicial Board.
D. The term "hearing officer" means all administrative staff with delegated
authority to resolve student conduct issues.
E. The term "property" means all tangible and intangible property.
F. The term "reasonable" means fair and appropriate under all the facts and
circumstances.
G. The term "Respondent" includes any student or student organization that is
charged with a conduct violation under the Code or is subject to Interim Action.
H. The term "student" means any person who is
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enrolled in or auditing classes at the University at the time of the alleged conduct
violation.
I. The term "student organization" or "organization" means any student group
officially recognized by the University at the time of the alleged conduct
violation.
J. The term "University" means Michigan Technological University, and its
entire undergraduate, graduate and professional schools, divisions, and programs,
including without limitation any distance learning program and foreign campus.
K. The term "University community" means enrolled students, faculty and
administrative staff.
L. The term "University premises" means buildings, facilities
or grounds owned, leased, operated, controlled or supervised by the University.
M. The term "University sponsored activity" means any activity on or off
University premises that is directly initiated or supervised by the University.
N. The term "written notice" means all non-oral communication in any form
whatsoever, including without limitation communication through campus and/or
U.S. mail, and all forms of electronic communication to the student's or
organization's last known University address or permanent address. Students will
be held accountable for retrieving their mail and Michigan Tech email in a timely
manner. Communication to a Michigan Tech student email address constitutes
official communication to students.
IX. Student Conduct Rules
A. The purpose of publishing conduct rules is to give students general notice of
prohibited behavior. University rules are not written with the specificity of a
criminal statute. Students are responsible for choices they make about their
conduct and accepting the consequences of those choices.
Any questions regarding University rules and student judicial procedures should
be addressed to: Director of Student Judicial Affairs, Student Affairs Office, 170
Administration Building.
Phone (906) 487-2212.
Email: studentaffairs@mtu.edu
B. Prohibited Conduct. Students at Michigan Tech must adhere to the Statement
of Student Rights & Responsibilities. The following misconduct would constitute
a violation of these rules:
1. Academic Dishonesty. Violating University policy on Academic
Integrity. The Academic Integrity Policy is found at
http://www.studentaffairs.mtu.edu/dean/judicial/policies/academic_integrity.html
and procedures and sanctions for this violation are governed by the Academic
Integrity Policy.
Sanction: Academic Integrity Warning to Expulsion.
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2. Alcohol and Other Drugs. Violating University policy on use and
possession of alcoholic beverages, and/or on the use, possession and/or sale of
controlled substances. The Alcohol and Other Drug policy is located at
http://www.sa.mtu.edu/dean/judicial/policies/drugs_alcohol.html
Sanction: Disciplinary Warning to Expulsion
3. Animals. Bringing any animal into a University building, with the
exception of those animals approved under Residence Hall policies, or being used
for University-authorized research, or approved guide and service animals on a
restrained leash of 5 feet or less.
Sanction: Disciplinary Warning to Disciplinary Probation
4. Assault, Endangerment and Threats. Intentionally or recklessly
endangering, threatening or causing physical harm to any person (including self);
or intentionally or recklessly causing reasonable apprehension of such harm; or
communicating to any person (including communicating by any communication
device, anonymously or otherwise), with intent to cause alarm or threaten another
person for no legitimate purpose.
Sanction: Disciplinary Probation to Expulsion
5. Bias-Related Harassment and Violence. Engaging in threats of
violence and/or violence because of a person's race, ethnicity, national origin,
disability, religious or cultural identity, sexual orientation, gender-identity or
gender.
Sanction: Disciplinary Probation to Expulsion
6. Community Order. Engaging in act(s) detrimental to the University,
University community and/or University premises, including without limitation
any act(s) prohibited under local, state or federal law, or University rules and
standards.
Sanction: Disciplinary Probation to Expulsion
7. Compliance with Official Requests. Failing to comply with legitimate
official requests, including without limitation requests made by law enforcement
agencies, University administrative staff, faculty and student employees
Sanction: Disciplinary Warning to Suspension
8. Computer Misuse. Violating University policy on computer use. The
Computer Use policy is found at
http://www.cec.mtu.edu/cacsec/info/cup_approved.html
Sanction: Disciplinary Warning to Expulsion
9. Complicity Acting together with one or more persons to commit an
offense prohibited by law, to commit any act in an illegal manner, or to violate
any University regulation.
Sanction: Disciplinary Warning to Expulsion
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10. Dangerous Materials and Fireworks. Unauthorized use, possession,
storage, explosion or detonation of chemicals, explosives, fireworks or other
hazardous materials on University premises.
Sanction: Disciplinary Probation to Expulsion
11. Disruptive/Disorderly Conduct. Causing a disturbance or disruption,
including without limitation disturbing or disrupting the use or enjoyment of
University premises or the surrounding community, research and teaching,
university administration, judicial hearings, or fire, police and emergency
services.
Sanction: Disciplinary Warning to Expulsion
12. Compliance with Disciplinary Decisions. Intentionally or recklessly
violating the terms of any disciplinary sanction imposed in accordance with this
Code.
Sanction: Progressively more severe sanctions up to Expulsion
13. False Reporting. Knowingly initiating or causing to be initiated any
false report of a Code violation, or any warning or threat of fire, explosion or
other emergency.
Sanction: Disciplinary Warning to Expulsion
14. Financial Obligations. Refusing to pay any amount due to the
University, including without limitation fees for tuition, room and board; all
loans, fines, maintenance and damage assessments; and other charges.
Sanction: Administrative sanctions include withholding of transcripts, grades,
degree and diploma; eviction from residence hall; and/or loss of meal card
privileges.
15. Fire Alarms, Fire Drills, Fire Equipment. Misusing the fire alarm
system or other fire safety equipment in any campus building; or failing to leave
any campus building during a fire alarm.
Sanction: Disciplinary Warning to Expulsion
16. Fraud, Misrepresentation and Unauthorized Access. Unauthorized
use, or providing such use to another, of official identification, or of the
University's name, logo, insignia, supplies, documents, keys, permits, facilities,
programs and services.
Sanction: Disciplinary Probation to Suspension
17. Furnishings and Fixtures Moving University equipment or furnishings
from room to room or from rooms, lounges, lobbies, buildings, placing furniture
in the hallway, or removing window screens without official authorization.
Sanction: Disciplinary Warning to Disciplinary Probation
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18. Hazing. Violating University policy against Hazing. The hazing
policy is located at http://www.sa.mtu.edu/dean/judicial/policies/hazing.html.
Sanction: Disciplinary Probation to Expulsion
19. Host Liability. Failing to inform guests of applicable University
rules. Hosts are responsible for their guest's behavior.
Sanction: Refer to specific rule violated by guest
20. Littering. Disposing refuse of any kind on University premises,
except in receptacles provided for that purpose; and placing any handbill in or on
any vehicle parked on University property without University authorization.
Sanction: Disciplinary Warning to Disciplinary Probation
21 Outside Camping and Temporary Structures. Sleeping or spending the
night on University premises without specific written authorization from
appropriate University officials; or erecting a tent, lean-to, or other temporary
structure with the intent to utilize such for an overnight occupancy.
Sanction: Disciplinary Warning to Disciplinary Probation
22. Parking and Vehicles. Parking a motor vehicle in a campus parking
lot to which you are not registered or unmetered space without registering it with
Public Safety and obtaining a permit, or traveling on University property with
ATVs, snow vehicles or similar motorized devices, except in designated
locations.
Sanction: Disciplinary Warning to Disciplinary Probation
23. Posting/Chalking Hanging any material on trees, stairwells, fire doors,
walls or exterior doors at any time; or violating the University posting policy or
chalking guidelines. The Board of Control policy on posting is located at
http://www.admin.mtu.edu/admin/boc/policy/ch15/ch15p5.htm#
See also http://www.aux.mtu.edu/ressvcs/faqs/postingpolicy.shtml,
http://www.sa.mtu.edu/dean/judicial/policies/chalking.html.
Sanction: Disciplinary Warning to Disciplinary Probation
24. Property Damage or Destruction. Destroying or damaging University
property, or the property of others.
Sanction: Disciplinary Warning to Suspension
25. Sexual Misconduct. Violating University policy on student sexual
misconduct, including nonconsensual sexual intercourse, nonconsensual sexual
contact, mutually incapacitated sexual intercourse, sexual exploitation and sexual
harassment. The sexual misconduct policy is found at
http://www.sa.mtu.edu/dean/judicial/policies/sexual_misconduct.html
For procedures under the sexual misconduct policy, see Section XIV below.
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Sanctions: Mutually incapacitated sexual intercourse, Disciplinary Warning to
Suspension; nonconsensual sexual intercourse, Suspension to Expulsion; all other
violations, Disciplinary Probation to Expulsion.)
26 Smoking. Smoking in University buildings or non-smoking entrances
unless clearly marked as a smoking area.
Sanction: Disciplinary Warning to Disciplinary Probation
27 Solicitation or Commercial Enterprises. Selling any goods or services
on University premises, unless special permission is granted; or solicitations or
commercial enterprises (including employment as a telemarketer) in the
University residence halls, either by outside agencies or by the students
themselves.
Sanction: Disciplinary Warning to Disciplinary Probation
28. Theft/Possession of Stolen Property. Theft of property or services, or
knowingly possessing stolen property.
Sanction: Disciplinary Warning to Expulsion
29. Violating Housing and Residential Life Policies. These policies are
found at http://www.housing.mtu.edu/housing/residence_hall_handbook.html
(Residence Hall Handbook) and
http://www.housing.mtu.edu/apartments/apartment_handbook.html (Apartment
Handbook).
Sanction: Disciplinary Warning to Expulsion
30.. Weapons. Violating University policy on the registration,
possession, storage and use of weapons and ammunition. The weapons policy is
located at http://www.sa.mtu.edu/dean/judicial/policies/Weapons.htm
Sanction: Disciplinary Warning to Expulsion
C. Attempts and Enhancements.
1. Attempts to commit acts prohibited by these rules may be punished to
the same extent as completed violations.
2. Repeated or aggravated violations of any section of these rules may
result in expulsion or suspension as may be appropriate.
D. The foregoing list of Prohibited Conduct is neither complete nor all-inclusive.
The University reserves the right to impose the full range of sanctions,
including without limitation an interim action, in response to actions or
omissions that are against the best interests of the University, University
Premises and/or the University Community.
E. For the avoidance of doubt, University action under this Code does not waive
any claim, cause of action or charge the University or any member of the
University Community may have against a Respondent. Furthermore, the
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remedies herein are non-exclusive a Respondent's conduct may violate
more than one example of Prohibited Conduct and the University may
impose cumulative and additive sanctions based upon a single action or
inaction that violates more than one example of Prohibited Conduct.
X. Range of Sanctions.
A. Disciplinary Warning. A statement that further violations of University rules
will result in more serious sanctions.
B. Disciplinary Probation. More serious than a disciplinary warning, a status
which generally will not exceed 18 months unless in the discretion of the
hearing office or hearing board that the probationary period should exceed
18 months. Students who violate a regulation while on disciplinary
probation are likely to receive an enhanced sanction for the subsequent
violation.
C. Suspension. Termination of a person's status as a student for a definite or
indefinite period of time with possibility of reinstatement.
D. Expulsion. Termination of a person's status as a student without possibility of
reinstatement.
E. Educational Conditions. With any sanction (with the exception of Expulsion)
Educational Conditions may be imposed, including without limitation
restitution, fines, community service, "no contact" provisions, educational
projects or assessments. The University has complete discretion to impose
or to not impose Educational Conditions on a case by case basis.
F. "No Contact" provisions may be imposed in the reasonable judgment of the
hearing officer prior to an Initial Conference.
XI. Applicable Rights and Procedures.
A. Making a Complaint. University community members, law enforcement
agencies or members of the public can report possible University rule violations
by making a written complaint to the Office of Student Judicial Affairs. It is
within the discretion of the University to proceed or not proceed upon such
written complaints.
B. Conduct Intervention and Informal Action. For incidents where the sanction
for violating a regulation will not exceed disciplinary probation, but not including
proceedings under the Sexual Misconduct Policy, an initial conference is not
required. The hearing officer may proceed under Section 11.B.1 or 11.B.2.
1. Conduct Intervention (Non-Judicial.) The hearing officer will send
written notice of an incident report to the student(s), scheduling a meeting.
At the meeting, the hearing officer will:
a. explain the purpose of the conduct intervention meeting;
b. discuss the incident report;
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c. listen to the student's or students' explanation of what occurred
and why;
d. discuss community behavioral expectations and conflict
resolution techniques;
e. discuss the consequences of the student judicial process
(informal action or formal action); and
f. develop an action plan to avoid recurring behavioral issues, and
make any referrals as deemed appropriate.
No sanctions can be imposed other than a verbal warning and there is no
right to an appeal. The hearing officer has the discretion to change from
handling the incident as a conduct intervention to informal (11.B.2) or
formal (ll.C.) action, based on the information developed in the conduct
intervention meeting or if a student fails to appear for the conduct
intervention meeting.
2. Informal Action. The hearing officer will send a written notice of the
charges imposed and designated sanction and special condition(s), with
the option for the student to (a) accept responsibility with a designated
sanction and special condition(s), or (b) request formal action under
Section 11.C of this Code. The student's written response must be
returned to the hearing officer within five (5) business days. If the
response is not returned within the designated time period, the student
waives his/her right to formal action and the sanction and special
conditions are imposed without right to appeal.
If the student requests formal action, then an initial conference will be
scheduled and the case will proceed with the procedures under Section
11.C., "Formal Action."
C. Formal Action. Respondents shall receive written notice of the charge(s)
imposed, the range of sanction related to the charge(s) and the date, time and
location of the Initial Conference. If the Respondent fails to appear at the initial
conference, the hearing officer may consider all charges true and accurate and
take appropriate administrative action.
1. Initial Conference. At the initial conference, the Respondent will meet
with a hearing officer. The charges, sanctions and rights of the respondent will be
explained, and the Respondent will be asked if he/she is responsible or not
responsible for the charge(s). At that time, the Respondent may elect one of the
following courses of action:
a. To take responsibility for violating one or more University rules. The
case may then be immediately heard by the hearing officer in an administrative
hearing, who will take appropriate action. If the Respondent wishes to
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demonstrate mitigating circumstances by producing relevant witnesses or
evidence, a postponement of the hearing may be requested for a reasonable time.
b. To elect to not appear at the administrative hearing, at which time a
decision by the hearing officer shall be made based upon the information
available at the hearing. Appropriate administrative action shall be taken by the
hearing officer.
c. To deny responsibility for the violation(s), in which case, the hearing
officer shall assign the case to one of the following courses of action based upon
the Respondent's choice of hearing:
i.To hold an immediate administrative hearing with the hearing
officer or postpone the administrative hearing in order to allow the
Respondent to prepare a defense or to arrange for the Complainant to
appear.
ii. To refer the administrative hearing to another hearing officer.
iii. To refer the administrative hearing to a hearing board if any
conduct charges carry a possible sanction of suspension or expulsion. If,
however, the hearing board cannot convene, the Dean of Students or
designee will arrange a hearing by a hearing officer.
2. Notwithstanding any of the above, if in the reasonable judgment of the
hearing officer additional information would be helpful to his or her decision, the
administrative hearing can be adjourned and completed at a later date.
D. Hearings.
1. Administrative Hearings and Hearing Boards.
a. Administrative hearings. Administrative hearings are conducted
by one or more hearing officers designated by the Dean of
Students or designee.
b. University Judiciary Committee hearings. The University
Judiciary Committee members are appointed in accordance with
procedures established by the Dean of Students. The UJC hearing
board will be chaired by a hearing officer. No case shall be heard
unless a full panel of three student members and two faculty
members is present.
c. Academic Integrity Committee hearings. The Academic
Integrity Committee members are appointed in accordance with
procedures established by the University Senate. No case shall be
heard unless a full panel of one student member, one faculty
member and one student affairs professional member is present.
2. Procedures and Rights of Participants.
a. Hearings are closed to the public. At the discretion of the
hearing officer, a student member of the Academic Integrity
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Committee or University Judiciary Committee, or administrator,
may attend an administrative hearing for the purpose of assisting
the hearing officer in managing the hearing, but shall not otherwise
participate in the hearing.
b. Where a sanction of suspension or expulsion can be imposed,
hearings shall be taped by the hearing officer or chair of the
hearing board.
c. The hearing officer or chair of the hearing board shall exercise
control over the proceedings to avoid needless consumption of
time and to achieve orderly completion of the hearing. Any
person, including the Respondent, who disrupts a hearing may be
excluded by the hearing officer or chair of the hearing board.
d. During the hearing, the Complainant and Respondent may
present an explanation of the facts and circumstances relating to
the incident, present relevant witnesses (other than character
witnesses) and/or written information, ask questions of any witness
or hearing officer, and reserve the right to not respond to questions.
The hearing officer or hearing board may determine that witnesses
or evidence is not relevant to the charge(s). The matter will be
determined on the basis of the evidence available to the hearing
board or officer at the hearing.
e. The Respondent may be accompanied by an "advisor" who is a
member of the University community and whose purpose is to
advise the student on the presentation of information at the
hearing. The advisor may not address the hearing officer or
hearing board, question any person providing testimony or respond
for the Respondent. The advisor may advise the Respondent
directly in the hearing. Neither Respondent nor Complainant may
be represented by counsel at an Initial Conference, Administrative
Hearing or Hearing Board.
f. No disciplinary action shall be taken unless it is established by a
preponderance of the evidence upon the record considered as a
whole that the Respondent is responsible for the charge(s).
Formal rules of evidence shall not be applicable in disciplinary
hearings. Information which reasonable persons would accept as
having probative value in the conduct of their affairs is admissible.
g. Written notice of the disciplinary decision will be sent to the
Respondent within seven (7) business days of the hearing. This
time may be extended if necessary in the reasonable judgment of
the hearing board chair or hearing officer.
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h. The Respondent may appeal the decision of the hearing officer
or hearing board.
E. Procedures for Residence Life Conduct Board (RLCB.)
1. Jurisdiction. The RLCB may hear cases arising from residence hall incidents
as assigned by a hearing officer.
2. Rights of Students Appearing Before the RLCB. Respondents will have all the
rights set forth in this Code with the exception of the right to bring an "advisor" to
the hearing. Hearings will not be tape recorded.
3. Procedures.
a. At or subsequent to the initial conference, the hearing officer will
inform the respondent of the hearing date, time and location, procedural officer
and any witnesses requested by the complainant. The respondent may invite
witnesses to attend the hearing. It is the respondent's responsibility to notify
his/her witnesses of the date, time and place of the hearing. Complainant and
Respondent may provide signed witness statements instead of live witnesses.
b. A panel of the RLCB will consist of three (3) members. A procedural
officer will attend to exercise control over the proceedings to avoid needless
consumption of time and to achieve orderly completion of the hearing. Any
person, including the Respondent, who disrupts a hearing may be excluded by the
procedural officer.
c. Hearing procedures as described in this Code will be followed by the
RLCB. The panel may rely upon official incident reports if the complainant (RA,
MA or other administrative staff) does not appear at the hearing.
d. Immediately after the hearing has concluded, the panel will deliberate
and reach a decision as to responsibility, sanction and special conditions. The
decision of the panel will be written by the procedural officer and sent to the
respondent within seven (7) business days of the hearing.
e. Appeal rights will be explained in the decision and the bases for appeal
are the same as those described in this Code. The procedural officer for a
particular case may not act as the appeal officer in that case.
F. Appeals.
1. Respondents may appeal decisions of a hearing board or hearing officer.
Instructions for initiating an appeal will be provided in every disciplinary decision
letter. In cases brought under the sexual misconduct policy, complainants may
also appeal under these procedures.
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2. The basis for an appeal is limited to questions of fact, questions of procedure
and severity of sanction.
a. Question of Fact-- Appellants may appeal on "questions of
fact" by introducing new evidence that would significantly affect
the outcome of the case. Evidence introduced that was not known
or could not be reasonably known at the time of the hearing by the
Appellant shall be considered new evidence. Evidence that was
withheld by an Appellant shall not constitute a question of fact and
will not be considered upon appeal.
b. Question of Procedure--Appeals will be considered on the
basis of "questions of procedure" by demonstrating that the
procedural guidelines established in this document were breached,
and that such departure from established procedure significantly
affected the outcome of the case.
.
c. Severity of Sanction-- Appellants may appeal the "severity of
sanction" that has been imposed by presenting a statement that
explains why they believe the sanction should be reconsidered.
3. Appeals must be in writing and submitted within five (5) business days to the
appropriate appeal officer as stated in the disciplinary decision letter. Appeals of
decisions made by Student Judicial Affairs and designees will be resolved by the
Dean of Students or designee, except as described in Paragraph 3.
4. In appeals of disciplinary decisions made by Student Judicial Affairs with
sanctions of suspension or expulsion, and all cases under the Sexual Misconduct
policy, an Appellate Hearing Panel will be appointed to review the appeal. The
Appellate Hearing Panel consists of one student affairs professional, one member
of the faculty or dean, and one student. The Appellate Hearing Panel will review
the record and render a decision on the appeal. The Dean of Students or designee
will notify the appellant in writing of the decision of the Appellate Hearing Panel
within five (5) business days of the appellate decision. This action shall be final
and is not subject to further appeal.
5. Respondents who have been sanctioned with suspension or expulsion may
request a written transcription of the taped hearing for their review prior to
submitting an appeal letter. If other students have testified in the hearing, their
written permission to release their statements will be obtained by the hearing
officer or hearing board chair, or their statements will be redacted.
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6. The imposition of sanctions will be deferred while an appeal is pending unless,
in the discretion of Dean of Students or designee, the Interim Action provisions
are invoked or for other good cause.
7. The Dean of Students or designee, or Appellant Hearing Panel, may (a) deny
the appeal; (b) remand the case to the original hearing officer or hearing board;
(c) reduce the sanctions and/or (d) dismiss the original charges. In cases
involving more than one charge, an appeal decision may include more than one of
the options in (a) through (d).
XII. In cases of multiple charges where more than one policy is implicated:
A. the procedures governing Sexual Misconduct conduct charges will take
precedence over those governing Academic Integrity conduct charges and Code
of Community conduct charges.
B. the procedures governing Academic Integrity conduct charges will take
precedence over those governing all other conduct charges except Sexual
Misconduct.
XIII. Procedures under Sexual Misconduct Policy. Complaints filed under Section
IX.B.31 will follow the process outlined below.
A. Making a Complaint. University community members, law enforcement
agencies or members of the public can report possible violations of the sexual
misconduct policy by making a written complaint to the Office of Student Judicial
Affairs. It is within the discretion of the Dean of Students or designee to proceed
or not proceed upon such written complaints.
B. Notification of a Violation. Respondents shall receive written notice of the
charge(s) imposed, the range of sanction related to the charge(s) and the date,
time and location of the Initial Conference. If the Respondent fails to appear at
the initial conference, the hearing officer may consider all charges true and
accurate and take appropriate administrative action.
C. Initial Conference. At the initial conference, the Respondent will meet with a
hearing officer. The charges, sanctions and rights of the Respondent will be
explained, and the Respondent will be asked if he/she is responsible or not
responsible for the charge(s). At that time, the Respondent may elect one of the
following courses of action:
1. To take responsibility for violating one or more provisions of the
sexual misconduct policy. The case may then be heard by two
hearing officers in an administrative hearing on an expedited basis,
who will take appropriate action. The Respondent or Complainant
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may produce relevant witnesses or evidence at the hearing to
demonstrate mitigating or aggravating circumstances.
2. To elect to not appear at the administrative hearing, at which
time a decision by the hearing officer shall be made based upon the
information available at the hearing. Appropriate administrative
action shall be taken by the hearing officer.
3. To deny responsibility for the violation(s), in which case, the
hearing officer shall schedule the case to be heard before two
hearing officers (which can include the assigning hearing officer),
who will jointly render an opinion.
4. Notwithstanding any of the above, if in the reasonable
judgment of a hearing officer additional information would be
helpful to his/her decision, the hearing can be adjourned and
completed at a later date.
D. Procedures and Rights of Participants.
1. Hearings are closed to the public.
2. All hearings shall be taped by the hearing officer(s).
3. During the administrative hearing, the Complainant and
Respondent may present an explanation of the facts and
circumstances relating to the incident, present relevant witnesses
(other than character witnesses) and/or written information, ask
questions of any witness or hearing officer, and reserve the right to
not respond to questions. The hearing officers may determine that
witnesses or evidence is not relevant to the charge(s). The matter
will be determined on the basis of the evidence available to the
University hearing officers at the hearing.
4. The Respondent and Complainant may each be accompanied by
an "advisor" who is a member of the University community and
whose purpose is to advise the Respondent and Complainant on the
presentation of information at the hearing. An advisor may not
address the hearing officer or hearing board, question any person
providing testimony or respond for the Respondent or
Complainant. The advisor may advise the Respondent or
Complainant directly in the hearing.
5. The hearing officers shall exercise control over the proceedings
to avoid needless consumption of time and to achieve orderly
completion of the hearing. Any person, including the Respondent
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or Complainant, who disrupts a hearing may be excluded by the
hearing officers.
6. The Complainant may submit an impact statement during the
hearing (verbally or in writing) for the consideration of the hearing
officers regarding how the incident and subsequent events affected
the life of the Complainant.
7. No disciplinary action shall be taken unless it is established by a
preponderance of the evidence upon the record considered as a
whole that the Respondent is responsible for the charge(s). Formal
rules of evidence shall not be applicable in disciplinary hearings.
Information which reasonable persons would accept as having
probative value in the conduct of their affairs is admissible.
8. Written notice of the disciplinary decision will be sent to the
Respondent and the Complainant within 7 (seven) business days of
the hearing. This time may be extended in the reasonable judgment
of the hearing officers.
9. The Respondent and Complainant may appeal the disciplinary
decision by following the procedures described above under
Section XI.F.
XIV. Record
A. Records of all disciplinary actions by hearing boards and officers are
considered educational records under FERPA. For additional information, see
http://www.admin.mtu.edu/em/faculty/ferpa/privacyfaq.php
B. Records of disciplinary actions shall be maintained by the Dean of Students
in accordance with the Student Affairs document retention policy. Records of incidents
reportable under the Campus Security Act will be retained for seven (7) years from the
date of the incident; records of incidents resulting in suspension (when the student does
not return to the University) or expulsion will be retained indefinitely; and all other
records will be retained for two (2) years following graduation or official withdrawal
from the University.
C. With the exception of the sanction of Expulsion, and Special Failing Grades
(F*, U* and E* under the Academic Integrity Policy), disciplinary sanctions do not
appear on University transcripts.
D. In the case of pending actions where an academic grade cannot be assigned,
the Registrar may assign a grade of "M" which is not calculated into the student's GPA.
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XV. Revocation of Degree. The University reserves the right to revoke an awarded
degree for fraud in receipt of the degree, or for serious disciplinary violations committed
by a student prior to the student's graduation.
Special acknowledgement to Gary Pavela for his permission to use the Model Code
in the development of this Code of Community Conduct.
History: Revised August 1, 2005; August 1, 2006; August 1, 2007.
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