A. Emergency Suspension
If a student’s actions pose an immediate danger to any member of the University community, the VPSL 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.
All procedural and interpretive questions concerning the Statement will be resolved by the VPSL or designee. At any time, the VPSL or RC may consult the Office of the General Counsel about a case or procedures.
University mediators will be selected by the VPSL or the VPSL’s designee. A list of trained non-university mediation services will be maintained by the Office of the VPSL. The VPSL will try to identify non-university mediators who will serve parties at no charge or on a sliding fee scale. A pair of multipartial mediators will be selected for each mediation based on preferences expressed by the parties. Each winter term 60 students will be appointed to serve as panelists for the following academic year. The VPSL or designee will generate a random ordered list of potential student panelists using a method approved by CSG 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 CSG 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 VPSL. Each Student Resolution Panel will consist of five voting student panelists and a non-voting RO who will oversee the proceedings.
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, agreements, hearings, findings, and sanctions/interventions. 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://ro.umich.edu/ferpa/
Records of mediations or other ACR processes are not considered a disciplinary record. ACR records will be maintained as appropriate to meet the needs of disputants and for annual reporting purposes.
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.
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.
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/interventions. Periodic, regular review of records of resolution actions will be made available, in confidence, to the CSG Student General Counsel or another CSG Executive.
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 a respondent, 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 a respondent’s request for delay is denied, the student may withdraw from enrollment and may not re-enroll until authorized by the VPSL or the VPSL’s designee.
To better ensure that minors at medical risk as a result of alcohol intoxication will receive prompt and appropriate medical attention, the State of Michigan has adopted a medical amnesty law to remove perceived barriers to calling for or seeking help.
Michigan law continues to prohibit a minor from purchasing, consuming, or possessing, or attempting to purchase, consume, or possess, alcoholic liquor and from having any bodily alcohol content. Michigan law, however, includes an exemption from prosecution for the following:
The University of Michigan maintains the discretion to refer the individual for appropriate educational intervention(s).
- A minor who voluntarily accesses a health facility or agency for treatment or observation after consuming alcohol;
- Any minor who accompanied a minor who voluntarily accesses a health facility or agency for treatment or observation after consuming alcohol; and
- Any minor who initiated contact with law enforcement or emergency medical services personnel for the purpose of obtaining medical assistance in connection with their own personal consumption of alcohol or consumption by others.
I. Advisor Corps
CSG, with approval of 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 OSCR. OSCR will develop and conduct training in consultation with CSG.
The Statement is a dynamic document subject to revisions by the community. The Statement will be open for amendments every three years. The VPSL, SRAC Chair, and the CSG President may unanimously agree to have an off-cycle amendment period if necessary. The Board of Regents has provided the Student Relations Advisory Committee (SRAC) of the Senate Assembly with primary oversight of the review.
Campus community members are encouraged to participate in the process. Amendments may be proposed by CSG, the Senate Assembly, or any Executive Officer of the University. SRAC will review the proposed amendments and consult with the Office of General Counsel. SRAC will then forward the proposed amendments and their recommendations to the VPSL. The final decision on amending the Statement will be the President’s.
The President should communicate the decision to accept or reject each of the proposed amendments in a public and timely manner, at least two weeks before the last day of classes during the winter semester. The President’s communication to the student body should state a rationale for each decision to reject or accept an amendment.