FAQs for Advisors and Attorneys

What is the purpose of the University of Michigan’s Resolution Process?

The U-M community has provided OSCR with the Resolution Process as a means of providing a timely, just, and educational response to behavior which “goes against the values of the University community”. (Statement of Student Rights and Responsibilities)

This process is contained within a community-owned document called the Statement of Student Rights and Responsibilities. Per the Statement: “The University considers the procedures for resolving disputes a part of its educational mission.”

What procedural safeguards are in place to protect the rights of students engaged in the Resolution Process?

The following procedures have been established to ensure students accused of violating the Statement have appropriate protections based on fundamental fairness. These protections are:

• Notice of allegations against them.
• The assistance of an advisor of the student’s choice during meetings with the Resolution Coordinator (RC) and during arbitration.
• Sufficient time to prepare for arbitration.
• The opportunity to challenge the participation of the RC, Resolution Officer (RO), or Student Resolution Panelist (Panelist) for bias or other cause.
• Knowledge of the names of witnesses who may provide information against them at arbitration.
• Access, in advance, to the information that will be considered during 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 the arbitration. However, the arbitration will proceed and the student will be bound by any determinations made.
• The opportunity to present information on their own behalf including written information and information from witnesses. Furthermore, the opportunity to post questions to the RC, complainant and any witnesses.
• The opportunity to hear / read all information presented at arbitration.
• The choice to decline to answer questions during arbitration. Silence will not be used as evidence of responsibility for an allegation.
• A finding of responsibility requires proof that is clear and convincing.
• A review of the arbitration’s outcome by the Dean of Students.
• The opportunity to file an appeal of the original 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.

Who may serve as an advisor?
May an attorney serve as an advisor?
Does one need to be a member of the U-M community to serve as an advisor?

Per the Statement, student complainants and respondents may request assistance from an advisor. Nearly anyone can serve as an advisor, including a faculty member, parents, other family members, friends and attorneys.

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).”

MSA Advisor Corps members have successfully completed a 20-hour training program. They are thoroughly knowledgeable about the Resolution Process, its underlying philosophies, and their responsibilities as advisors.

OSCR can provide students with a referral for an MSA Advisor Corps member upon request.

What steps must a student take to involve an advisor in the Resolution Process?

The student must complete and sign a waiver permitting an advisor to view personal information about a student's involvement with OSCR.

A Federal law called 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.

What is the role of an advisor in the University’s Resolution Process?
How may advisors support parties in the Resolution Process?

Per the Statement:

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.

The Statement demands an active role of both complainants and respondents (accused students). This means that complainants are responsible for supporting their complaint and respondents are responsible for providing a response. As such, OSCR staff will engage advisors (even attorneys acting as advisors) as true advisors.

Advisors can:

• Support and advise the student they are advising.
• Help them to understand the Resolution Process and the options open to them at each stage.
• Assist them in preparing for meetings, taking notes framing questions, identifying witnesses and gathering supporting materials.

Advisors cannot:

• Speak for or represent the student.
• Attempt to engage in sideline conversations with OSCR staff without the student being present.
• Question witnesses or make statements during arbitration.

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 processes and the criminal justice process.

“[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

Per the Statement: “Resolutions and appeals processes are administrative functions and are not subject to the same rules of civil or criminal proceedings.”

How do the obligations students have as members of the U-M community differ from the obligations they have as citizens?

“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.”

            --- Statement of Student Rights and Responsibilities

“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

FAQs For Respondents

FAQs For Complainants

FAQs For Persons considering ACR

FAQs For Faculty and Staff

FAQs For Parents and Families

FAQs For Suspension

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