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INFORMATION FOR STUDENTSThe Complaint Resolution Process at the University of Michigan: What you need to know
Filing a Complaint The Statement of Student Rights and ResponsibilitiesThis information is intended to help you understand what it means to file a complaint against another student. The alleged behavior or action that may lead to a charge against another member of the University community may be considered a violation of the University of Michigan’s Statement of Student Rights and Responsibilities. The Statement details the University’s response to allegations of nonacademic misconduct by University students. View the Statement. Build Trust, Promote Justice, and Teach PeaceThe Office of Student Conflict Resolution (OSCR) upholds the Statement and is responsible for administering the complaint resolution process at the University of Michigan, as outlined in the Statement. OSCR seeks to build trust, promote justice, and teach peace by facilitating the successful and educational resolution of conflicts that arise within the University community. Please do not hesitate to call OSCR at 734-936-6308 if you have any questions or concerns regarding your rights and responsibilities in this process. Filing a complaint with OSCRYou may have already filed a complaint with Housing or the police. It is your decision as to whether you would like to also file a complaint with OSCR. Please note that a student, faculty member, or staff member may also file a complaint based upon information reported to that person. Complaints must be filed with OSCR, in writing, within 6 months of the alleged violation. This limitation may be waived when a late submission is reasonable. The Resolution ProcessThe Resolution Coordinator (RC) will review the allegations to verify that the complaint is not baseless and that the alleged conduct presents a potential violation of the Statement. The RC will notify the accused student (or respondent) of the allegation and schedule a meeting to discuss the matter. As a result of this discussion, the RC may dismiss the complaint if it is determined that the claim is unsupported by evidence (or baseless) or if the alleged conduct does not fall within the purview of a Statement violation. If the RC determines the complaint is not baseless and that the alleged conduct (if true) would be a violation of the Statement, the student will be provided with an opportunity to accept responsibility. The student may decide not to accept responsibility and instead resolve the dispute through arbitration. Arbitration is the formal complaint resolution process. The respondent can choose to have the case heard by a Resolution Officer (RO) (a faculty or staff member) or a Student Panel (comprised of 5 student peers who are overseen by an RO). Resolution Officers and Student Panelists have completed training in the complaint resolution process as outlined by the Statement. View the Statement Resolution Process flow chart > > Due Process RightsThe University guarantees the following rights to all students accused of violating the Statement. All accused students have the right to:
Accused students who select arbitration have the right to:
Confidentiality Confidentiality will be maintained to the extent permitted by law and the University of Michigan Student Rights and Records Policy. See the Student Rights and Records web page for more information. Generally, release of information will require your consent. Filing a ComplaintTo file a complaint, you will be asked to fill out a complaint form—you may use the Word document supplied here or fill it out at the OSCR office. The complaint form includes information such as date and place of incident; description of the incident; brief description of individuals who may be able to provide more information; and desired outcomes of filing the complaint. You will also be asked to to provide your contact information. You may want to review the Complainant Checklist, shown below, in preparation for your initial meeting with a member of the OSCR staff. Office of Student Conflict Resolution—Complainant Checklist _____ I have received a copy of the Statement of Student Rights and Responsibilities and have been given an opportunity to ask specific questions regarding its content. _____ I understand that additional information is available on the Office of Student Conflict Resolution’s website. Hard copies of these materials can be made available upon my request. _____ I understand that resources such as Counseling and Psychological Services and the Sexual Assault and Prevention and Awareness Center are available for my support. _____ I understand that I have the right to an advisor. _____ I have received a written complaint form and/or I understand that I can e-mail my complaint to a staff member in the office. I understand that I must submit the complaint along with a list of potential witnesses within six months of the incident. _____ I understand that the complaint and all documents related to the complaint will be reviewed by the accused student. _____ I understand that OSCR staff cannot promise confidentiality and may be required to respond to the complaint with or without my participation if there is enough information (i.e. name, information about the incident) to proceed. _____ I understand that if the student who is accused is a professional student (i.e. Law, Medicine, Dental), OSCR has an obligation to inform the school or college. These schools and colleges must certify the fitness and character of their students and therefore this information must be shared with them. The school or college may choose to set interim measures during the course of investigation and resolution and may wish to handle the incident through their process and procedures. _____ I understand the difference between alternative dispute resolution and arbitration (in order for an alternative dispute resolution to occur, both parties must freely agree to participate). _____ I understand that I will be required to attend the formal arbitration if one is held. I further understand that special arrangements can be made to ensure my comfort and safety. _____ I understand that the case file and other records relating to this incident are confidential to the extent provided by the Family Education Rights and Privacy Act (FERPA) and that I may waive that confidentiality in writing. _____ I understand that I have the option of pursuing this complaint through other channels such as the Criminal Justice System or the Civil Courts. _____ I understand that if I have additional questions, I may call the Resolution Coordinator or other members of the OSCR staff at any time. _____ I understand that it is my responsibility to inform OSCR of any change in my local address or phone number. I am aware that failure to do so will result in OSCR correspondence being sent to my permanent address on file at the registrar’s office.
Please complete the following information:
Filing a Sexual Assault ComplaintThis information is intended to help you understand what it means to file a complaint against another student. Whatever happened to lead to a potential charge may be considered a violation of the University of Michigan’s Statement of Student Rights and Responsibilities. The Statement details the University’s response to allegations of nonacademic misconduct by University students. View the Statement. Build Trust, Promote Justice, and Teach PeaceThe Office of Student Conflict Resolution (OSCR) upholds the Statement and is responsible for administering the complaint resolution process at the University of Michigan, as outlined in the Statement. OSCR seeks to build trust, promote justice, and teach peace by facilitating the successful and educational resolution of conflicts that arise within the University community. Please do not hesitate to call OSCR at 734-936-6308 if you have any questions or concerns regarding your rights and responsibilities in this process. We understand that this may be a very difficult and upsetting time for you. Our staff has experience dealing with cases of this nature. The Sexual Assault Prevention and Awareness Center (SAPAC), located at the below address, is devoted to advocacy for survivors of sexual assault and harassment. During the complaint resolution process, SAPAC also provides advisors for survivors, who accompany survivors to mediation or arbitration. Contact SAPAC: Filing a complaint with OSCRYou may have already filed a complaint with Housing or the police. It is your decision as to whether you would like to also file a complaint with OSCR. Please note that a student, faculty member, or staff member may also file a complaint based upon information reported to that person. Complaints must be filed with OSCR, in writing, within 6 months of the alleged violation. This limitation may be waived when a late submission is reasonable. The Resolution Process The Resolution Coordinator (RC) will review the allegations to verify that the complaint is not baseless and that the alleged conduct presents a potential violation of the Statement. The RC will notify the accused student (or respondent) of the allegation and schedule a meeting to discuss the matter. As a result of this discussion, the RC may dismiss the complaint if it is determined that the claim is unsupported by evidence (or baseless) or if the alleged conduct does not fall within the purview of a Statement violation. If the RC determines the complaint is not baseless and that the alleged conduct (if true) would be a violation of the Statement, the student will be provided with an opportunity to accept responsibility. The student may decide not to accept responsibility and instead resolve the dispute through arbitration. Arbitration is the formal complaint resolution process. The respondent can choose to have the case heard by a Resolution Officer (RO) (a faculty or staff member) or a Student Panel (comprised of 5 student peers who are overseen by an RO). Resolution Officers and Student Panelists have completed training in the complaint resolution process as outlined by the Statement. View the Statement Resolution Process flow chart > > Emergency Suspension In the rare circumstance that a student’s behavior poses an immediate danger to any member of the University community, the Vice President of Student Affairs or designee may immediately suspend the student, pending a meeting. This meeting should take place within 2 academic calendar days. At the meeting, the student will be given the opportunity to make a statement and present evidence. If the emergency suspension is continued, the student will be offered an arbitration option within 10 academic calendar days. Due Process Rights The University guarantees the following rights to all students accused of violating the Statement. All accused students have the right to:
Accused students who select arbitration have the right to:
Confidentiality Confidentiality will be maintained to the extent permitted by law and the University of Michigan Student Rights and Records Policy. See the Student Rights and Records web page for more information. Generally, release of information will require your consent. FILING A COMPLAINTTo file a complaint, you will be asked to fill out a complaint form—you may use the Word document supplied here or fill it out at the OSCR office. The complaint form includes information such as date and place of incident; description of the incident; brief description of individuals who may be able to provide more information; and desired outcomes of filing the complaint. You will also be asked to to provide your contact information. You may want to review the two Complainant checklists, shown below, in preparation for your initial meeting with a member of the OSCR staff. Office of Student Conflict Resolution—Complainant Checklist
_____ I have reviewed and completed the Office of Student Conflict Resolution —Complainant Checklist. _____I understand that I can have access to the case file as materials are added. _____I understand that I have the option to pursue this complaint through multiple channels. _____The professional school the accused student is enrolled in (if appropriate). If the student who is accused is a professional student (e.g. Law, Medicine, Dental), OSCR has an obligation to inform the school or college. These schools and colleges must certify the fitness and character of their students and therefore this information must be shared with them. The school or college may choose to set interim measures during the course of investigation and resolution and may wish to handle the incident through their process and procedures. _____I have been encouraged to speak directly with staff members from the Sexual Assault Prevention and Awareness Center (SAPAC) for support and for assistance understanding, evaluating, and choosing my options. I also understand that there is a University of Michigan website designed by SAPAC and CAPS (http://www.survivor.umich.edu/) that offers additional information. _____I have been made aware that the OSCR staff can assist me in making room changes in the residence hall and that they can assist me with communicating concerns to my professors and GSI's in order to make accommodations for my academic work. _____I understand that I do not have to file a formal complaint if I do not choose to do so. I may discuss my situation with the OSCR staff as an inquiry only. However, OSCR staff cannot promise confidentiality and may be required to respond to the complaint with or without my participation if there is enough information (i.e. name, information about the incident) to proceed.
Office of Student Conflict Resolution—Complainant Checklist _____ I have received a copy of the Statement of Student Rights and Responsibilities and have been given an opportunity to ask specific questions regarding its content. _____ I understand that additional information is available on the Office of Student Conflict Resolution’s website. Hard copies of these materials can be made available upon my request. _____ I understand that resources such as Counseling and Psychological Services and the Sexual Assault and Prevention and Awareness Center are available for my support. _____ I understand that I have the right to an advisor. _____ I have received a written complaint form and/or I understand that I can e-mail my complaint to a staff member in the office. I understand that I must submit the complaint along with a list of potential witnesses within six months of the incident. _____ I understand that the complaint and all documents related to the complaint will be reviewed by the accused student. _____ I understand that OSCR staff cannot promise confidentiality and may be required to respond to the complaint with or without my participation if there is enough information (i.e. name, information about the incident) to proceed. _____ I understand that if the student who is accused is a professional student (i.e. Law, Medicine, Dental), OSCR has an obligation to inform the school or college. These schools and colleges must certify the fitness and character of their students and therefore this information must be shared with them. The school or college may choose to set interim measures during the course of investigation and resolution and may wish to handle the incident through their process and procedures. _____ I understand the difference between alternative dispute resolution and arbitration (in order for an alternative dispute resolution to occur, both parties must freely agree to participate). _____ I understand that I will be required to attend the formal arbitration if one is held. I further understand that special arrangements can be made to ensure my comfort and safety. _____ I understand that the case file and other records relating to this incident are confidential to the extent provided by the Family Education Rights and Privacy Act (FERPA) and that I may waive that confidentiality in writing. _____ I understand that I have the option of pursuing this complaint through other channels such as the Criminal Justice System or the Civil Courts. _____ I understand that if I have additional questions, I may call the Resolution Coordinator or other members of the OSCR staff at any time. _____ I understand that it is my responsibility to inform OSCR of any change in my local address or phone number. I am aware that failure to do so will result in OSCR correspondence being sent to my permanent address on file at the registrar’s office.
Please complete the following information:
Responding to a ComplaintThis information is intended to help you understand what it means if you are accused of violating the University of Michigan’s Statement of Student Rights and Responsibilities and what you can expect to happen. The Statement details the University’s response to allegations of nonacademic misconduct by University students. View the Statement. Build Trust, Promote Justice, and Teach PeaceThe Office of Student Conflict Resolution (OSCR) upholds the Statement and is responsible for administering the complaint resolution process at the University of Michigan, as outlined in the Statement. OSCR seeks to build trust, promote justice, and teach peace by facilitating the successful and educational resolution of conflicts that arise within the University community. What Next? After a complaint is filed, the Resolution Coordinator (RC) at OSCR will review the complaint. If the RC determines that the allegations are not baseless and that the alleged conduct (if true) constitutes a potential violation of the Statement, the case will proceed. You will then receive a letter and/or email message from OSCR, specifying the allegations that have been made against you and indicating the date and time of your initial intake meeting. The initial intake meeting serves as an opportunity for you to learn about the allegations that have been made against you and your rights and responsibilities in responding to these allegations. Although some students find that they are able to resolve their cases during the initial intake meeting, you are under no obligation to do so. The Initial Intake Meeting During the initial intake meeting, you will learn more about OSCR, the Statement, the conflict resolution process, and your rights and responsibilities pertaining to this process. You will also be provided with the opportunity to review the allegations against you and the contents of your case file. You will be provided with the opportunity to respond to the allegations. Finally, you will also be provided with the opportunity to review your options for case resolution, which may include an informal resolution of your case, a formal resolution of your case, or some form of alternative dispute resolution. View the Statement Resolution Process flow chart > >. At the initial intake meeting, you will not be required to make a statement regarding your responsibility or non-responsibility for the allegations that have been made against you. Although not required, you may wish to bring an advisor with you to this meeting. Students sometimes find it useful to have a trusted friend, family member, or mentor present during these meetings. An advisor can help an accused student make thoughtful decisions concerning the conflict resolution process. You can learn more about advisors by visiting the Information for Advisors and Attorneys page of this website. Due Process Rights The University guarantees the following rights to all students accused of violating the Statement. All accused students have the right to:
Accused students who select arbitration have the right to:
Confidentiality Confidentiality will be maintained to the extent permitted by law and the University of Michigan Student Rights and Records Policy. See the Student Rights and Records web page for more information. Generally, release of information will require your consent. The OSCR staff looks forward to working with you toward the resolution of your case. Please do not hesitate to call OSCR at 734-936-6308 if you should have any questions or concerns regarding your rights and responsibilities in this process. You may want to review this form, shown below, in preparation for your initial meeting with a member of the OSCR staff: Office of Student Conflict Resolution—Master Sheet for Accused Student Case # _________________ Student Name ______________________________ Stage #1: Process Review _____I have received a copy of the Statement of Student Rights and Responsibilities. _____I know that additional information and resources about OSCR and the Statement are available on the OSCR website. _____I understand that my file and my involvement in OSCR are confidential to the extent permitted by law (as provided by the Family Education Rights and Privacy Act) and that I may waive that confidentiality in writing. _____I understand that I may have an advisor assist me during the process. _____I understand that if I am a student in a graduate-level program, OSCR has an obligation to inform the school or college. The school or college may choose to set interim measures during the course of investigation and resolution, and may wish to handle the incident through their own process. _____I understand that I do not have to provide a statement if I choose not to do so. I also understand that statements I do make may be considered at any hearing. _____I have had the opportunity to review my file. _____I have had the opportunity to ask an OSCR staff member questions and I understand that if I have other questions, I may call a member of the OSCR staff. Cards with e-mail addresses and telephone numbers have been provided. _____I understand that I will receive important, time-sensitive information from OSCR via email, telephone, and/or postal mail. I understand that I am responsible for this information. _____I have read and understand the foregoing points and have checked the associated boxes: ____________ (Student Initials) ____________ (Date Initialed) Stage #2: Case Review _____Case Dismissed After a review of all case-related information, there is insufficient reason to believe that you violated the Statement. The case file will be shredded and the database will be updated to reflect this determination. _____Charge(s) After a review of all case-related information, there is sufficient reason to move the complaint forward. I understand that I have been charged with violating the following section(s) of the Statement (A-T): ___________________________. I understand that I have been charged with violating the following section(s) of the Community Living Standards (1.1-7.6): ___________________________ (if applicable). Specifically, it is alleged that:
Stage #3: Case Resolution Mediation or other Alternative Dispute Resolution (ADR) _____I request a mediation of my case. I understand that if the complainant does not agree to mediation or if the mediation is unsuccessful, I may choose an informal or a formal resolution. _____I do not wish to participate in mediation or another form of ADR. _____Mediation and other forms of ADR are not options in this case. Informal Resolution _____I understand that I have the right to request information on potential sanctions before accepting responsibility. _____I accept responsibility for the charge(s), section(s) of the Statement and section(s) ___________of the Community Living Standards (if applicable) and waive my right to a hearing/mediation by accepting an informal resolution. Specifically, I accept responsibility for the following behaviors:
_____I agree to the following sanctions and I understand that I will be given additional information about the specific sanction(s).
Formal Resolution _____I do not accept responsibility for the charge(s) and request the following formal hearing: _____Resolution Officer _____Student Panel _____I understand that an OSCR staff member will contact me in order to schedule a pre-arbitration meeting and to make other arrangements for a formal hearing. _____I understand that if I choose to provide a written response to the complaint, a list of witnesses, and/or supplemental case information, these materials must be submitted to OSCR either prior to the pre-arbitration meeting or within 72 hours thereafter. _____I understand that the complaint resolution process may take place over the course of several days, weeks, or months. _____I understand that, if I am having any academic difficulty as a result of my involvement in this case, OSCR, if provided with sufficient contact information and appropriate release(s) of confidentiality, and if asked to do so, will contact professor(s) and/or department chair(s) on my behalf in an attempt to assist me with my situation.
Seeking MediationOSCR offers a variety of mediation services. For specific information, please see the Alternative Dispute Resolution page of this website. Confidentiality“Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan Student Rights and Records Policy .” —Statement of Student Rights and Responsibilities, July 1, 2005 Help, Advice, and SupportOSCR seeks to create a just and safe campus climate and to facilitate conflict resolution by administering the Statement of Student Rights and Responsibilities with compassion, integrity, and fairness. You can find more information in the campus resources section of this website, and the information for advisors and attorneys page. You may also want to visit the U-M Alcohol and Other Drug Prevention Program website for further information.
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