Frequently Asked Questions for Family and Advisors (family member, attorney, etc.)

Frequently Asked Questions

Students going through a resolution process at OSCR may choose to be accompanied by an advisor of their choice. Students are not required to have an advisor, but are permitted to have one advisor accompany them through the resolution process. This helps to promote the educational purpose of the process, reduces the likelihood of students being marginalized, promotes a balanced dynamic between parties, and limits the possibility of miscommunication.

Advisors can:

Support and advise the student they are advising.
Help individuals understand the resolution process and available options.
Assist individuals in preparing for meetings, taking notes, framing questions, identifying witnesses, and gathering supporting materials.

Advisors cannot:

Gain information about a case without explicit written permission from the student.
Speak for or represent a student they are advising.
Serve as both a witness and advisor.
Engage in sideline conversations with OSCR staff (especially when the advisee is not present).
Question witnesses or make statements during arbitrations.

Who may serve as an advisor?

What is the role of an advisor in the University’s Resolution Process?

Can OSCR assist a student in finding an advisor?

What steps must a student take to involve an advisor in the resolution process?

Is the Resolution Process different from that of the criminal justice process?

What is the purpose of the University of Michigan’s resolution process?

What procedural safeguards are in place to protect the rights of students engaged in the resolution process?

My student is experiencing a conflict. Can you help?

A letter from your office came in the mail. What do I need to do?

My student has an appointment with your office. How should my student prepare?

How will I know if my student is facing allegations that the Statement of Student Rights and Responsibilities was violated, or has had any other contact with your office?

Are there any national guides on student conduct processes?

Where can I find the University’s policy document pertaining to student conduct?

Where can I find the release of information form for my student to grant me access to confidential information?

Where can I find information about FERPA?

Where can I get answers to additional questions about the University’s conflict resolution processes?

Who may serve as an advisor?

Nearly anyone can serve as an advisor, including a parent or other family member, a faculty or staff member, friend, or attorney. However, advisors may not serve duplicate roles in the resolution process, for example by serving as both a witness and advisor.

What is the role of an advisor in the University’s Resolution Process?

Per the Statement, the University considers the procedures for resolving disputes a part of its educational mission. Therefore, it demands an active role for students going through the resolution process. Accordingly, OSCR staff will engage directly with students. Advisors should advise a student to the best of their ability, and should not engage OSCR staff directly or attempt to speak for or on behalf of a student they are advising.

Can OSCR assist a student in finding an advisor?

Yes. Per the Statement, “The MSA [Michigan Student Assembly]…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).” Upon request, OSCR staff members will endeavor to find an advisor for a student who requests one.

What steps must a student take to involve an advisor in the resolution process?

If a student would like an advisor, the student must complete and sign a waiver permitting their advisor to have access to information about a student's involvement with OSCR. This is because of the federal law, the Family Educational Rights and Privacy Act (FERPA), prohibits OSCR staff from releasing any information about a student’s involvement in the resolution process without the student’s written permission. Access the form here.

Is the Resolution Process different from that of the criminal justice process?

Yes. The courts have consistently recognized the distinct differences between a university dispute resolution process and the criminal justice process.
Per the Statement: “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.”

“[S]chool regulations are not to be measured by the standards which prevail for criminal law and for criminal procedure.”

-- Harry A. Blackmun, then Eighth Circuit judge, later, Associate Justice of the U.S. Supreme Court. Esteban v. Cent. Mo. State Coll., 415 F.2d 1077, 1090 (8th Cir. 1969), cert denied 398 U.S. 965 (1970), aff g 290 F. Supp. 622 (W. D. Mo. 1968), following new hearing order, 277 F. Supp. 649 (W. D. Mo. 1967)

“The voluntary attendance of a student in [a tax supported educational institution of higher learning] is a voluntary entrance into the academic community. By such voluntary entrance, the student voluntarily assumes obligations of performance and behavior reasonably imposed by the institution of choice relevant to its lawful missions, processes, and functions.

These obligations are generally much higher than those imposed on all citizens by the civil and criminal law. So long as there is no invidious discrimination, no deprival of due process, no abridgement of a right protected in the circumstances, and no capricious, clearly unreasonable or unlawful action employed, the institution may discipline students to secure compliance with these higher obligations as a teaching method or to sever the student from the academic community.”

-- Judges for the United States District Court for the Western District of Missouri. General Order on Judicial Standards of Procedure and Substance in Review of Student Discipline in Tax Supported Institutions of Higher Education. 45 F.R.D. (W. D. Mo. 1968) (en banc) supra note 2, at 141.

What is the purpose of the University of Michigan’s resolution process?

Per the Statement: “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.

… 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.”

“The voluntary attendance of a student in [a tax supported educational institution of higher learning] is a voluntary entrance into the academic community. By such voluntary entrance, the student voluntarily assumes obligations of performance and behavior reasonably imposed by the institution of choice relevant to its lawful missions, processes, and functions.

These obligations are generally much higher than those imposed on all citizens by the civil and criminal law. So long as there is no invidious discrimination, no deprival of due process, no abridgement of a right protected in the circumstances, and no capricious, clearly unreasonable or unlawful action employed, the institution may discipline students to secure compliance with these higher obligations as a teaching method or to sever the student from the academic community.”

-- Judges for the United States District Court for the Western District of MissouriPer General Order on Judicial Standards of Procedure and Substance in Review of Student Discipline in Tax Supported Institutions of Higher Education. 45 F.R.D. (W. D. Mo. 1968) (en banc) supra note 2, at 141.

What procedural safeguards are in place to protect the rights of students engaged in the resolution process?

Per the Statement, “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.”

The following due process protections and procedural safeguards have been established to ensure appropriate protection of students going through the resolution process. These protections are:

Written notice of allegations against a student.
The assistance of an advisor of the student’s choice during meetings with the Resolution Coordinator (RC) and during an arbitration.
Sufficient time to prepare for an arbitration or other meeting.
The opportunity to challenge the participation of a Resolution Coordinator (RC), Resolution Officer (RO), or Student Resolution Panelist for bias or other cause.
Knowledge of the names of witnesses who may provide information.
Access, in advance, to the information that may be considered during an arbitration. Note that this information may be redacted to protect the privacy rights of individuals not directly involved in the resolution process.
The choice to decline to attend an arbitration. However, arbitrations can proceed without the student present, and the student will be bound by any determinations made.
The opportunity to present verbal or written information in their own support, including information from witnesses.
The opportunity to pose questions to the RC, complainant and any witnesses.
The opportunity to hear / read all information presented at an arbitration.
The choice to decline to answer questions during an arbitration with the knowledge that silence will not be used as evidence of responsibility for an allegation.
In an arbitration, all students are presumed not responsible unless clear and convincing evidence is presented that a violation of the Statement has occurred.
Arbitrations result in recommendations to the Dean of Students, who may accept or modify a recommendation. (The Dean may not modify a sanction to include suspension or expulsion. However, when expulsion is recommended, the Dean may instead suspend the student.)
An appeal process is available to each party to appeal an arbitration’s outcome.
Confidentiality as provided by the Family Education Rights and Privacy Act (FERPA) and the University’s Student Rights and Student Records Policy.

My student is experiencing a conflict. Can you help?

“We strive to meet all student needs when it comes to conflict, or refer them to other available resources. See what kinds of conflicts OSCR can assist students in resolving on our FAQ page for students.”

A letter from your office came in the mail. What do I need to do?

Give the letter to whomever it is addressed to, and encourage that person to carefully read it and comply with any requests.

My student has an appointment with your office. How should my student prepare?

See page.

How will I know if my student is facing allegations that the Statement of Student Rights and Responsibilities was violated, or has had any other contact with your office?

A Federal law called the Family Educational Rights and Privacy Act (FERPA) prohibits OSCR staff from releasing any information about a student’s possible involvement in the resolution process without the student’s written permission, even to family members. Students may choose to voluntarily disclose this information to you. Unless OSCR has received a release of information form signed by your student and explicitly permitting OSCR to discuss confidential information with you, OSCR staff members will not be able to discuss any involvement your student has had with the office. However, OSCR staff members are available to discuss general information about the Resolution Process, University regulations, and related laws.

Are there any national guides on student conduct processes?

Yes. The Association for Student Conduct Administration publishes a parent guide to campus student conduct processes.

Where can I find the University’s policy document pertaining to student conduct?

The Statement

Where can I find the release of information form for my student to grant me access to confidential information?

FERPA form

Where can I find information about FERPA?

FERPA Information provided by the University of Michigan
http://parents.umich.edu/newstudent/notification.php
http://www.ro.umich.edu/ferpafaq.php

US Department of Education General FERPA Guidance http://www.ed.gov/policy/gen/reg/ferpa/index.html

Where can I get answers to additional questions about the University’s conflict resolution processes?

Please review other areas of OSCR’s website, particularly the services page and resources page for additional information.

If you still have questions, feel free to contact us.