Charged Violation of Student

5. Student Hearing Procedures for Charged Violation of Student Conduct Regulations

5.1 Intake Conduct Proceedings Officer

5.1.1 A charge may be made to the Conduct Proceedings Officer by any member of the university community or may be brought by the Conduct Proceedings Officer on one’s own initiative stating that a student has violated the Specific Regulations Concerning Student Conduct (3.2). Students subject to the provisions of this Code are defined as all persons who have enrolled at the University, either full-time or part-time, pursuing undergraduate, graduate, or non-degree studies. Persons who have been enrolled at the University, and who have not withdrawn, are students even when they are not enrolled for a particular term. Students also include persons who have been admitted to the University and who, before their first attendance, participate in activities intended only for prospective students (e.g., orientation, leadership, band, or other camp, athletic training and practices).

5.1.2 One or more Conduct Proceedings Officers shall be appointed by the President or the President's designated representative. The Conduct Proceedings Officer will make, or cause to be made, an investigation of the charge.

5.1.3 If, from the investigation, the Conduct Proceedings Officer determines the matter may be reason for discipline under the student conduct regulations, the Conduct Proceedings Officer will notify the student that a charge has been made and will offer the student an opportunity to discuss the matter.

If notified by either United States mail or by University e-mail, the notice will be mailed to the last address for the student on file with the University Office of the Registrar. The notice will be deemed received two (2) days following the date the notice is posted at facilities of the United States Post Office or electronically sent via e-mail. In the absence of mailing, personal delivery to the student cited, or delivery to the last address on file in the Office of the Registrar constitutes proper notice. If personal delivery to the student or delivery to the last address is used, the date notice is so delivered shall be deemed the date the notice is received.

The student will have two (2) days from the date of receipt in which to respond to this notice. If the student has not responded at the end of this two-day period, the Conduct Proceedings Officer will set up a hearing, and cause to be delivered to the student a copy of this document.

5.1.4 The student may bring an advisor of the student's choice to the discussion with the Conduct Proceedings Officer. If the student’s advisor is an attorney, the student must notify the Conduct Proceedings Officer of this at least three (3) business days in advance of the discussion. The advisor’s role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

5.1.5 If the student chooses to discuss the matter, the Conduct Proceedings Officer will at the discussion inform the student of the charge(s) and the regulation(s) which are alleged to have been violated and will explain to the student the process outlined in this document.

5.1.6 If the charge is against a graduate student for a violation of the Policy on Academic Integrity, then the matter will be handled under Section 6.

5.1.7 Student Admits Violation

5.1.7.1 If the student admits to the violation, the Conduct Proceedings Officer may:

a) Issue a sanction
b) Order that the sanction be set by a University Hearing Officer, or
c) Enter into a written, mutually acceptable, behavioral contract with the Student and/or
d) Refer the student for counseling.

5.1.7.2 The student charged or the person or group who first brought the charge, or the university, may appeal the sanction (except the terms of a behavioral contract), by a letter delivered to the Office of the Conduct Proceedings Officer or University Hearing Officer within five (5) business days after the Conduct Proceedings Officer has set the sanction. Since admission of the violation by the student is a prerequisite to the Conduct Proceedings Officer acting under this section, such an appeal will only be as to the appropriateness of the sanction and not the fact of whether the violation occurred.

Once a student admits a violation for which there is an automatic sanction, the sanction is automatically imposed and only the terms of a suspension may be appealed. The appeal is to the Appeals Board.

5.1.8 Student Does Not Admit Violation
After discussion with the student, the Conduct Proceedings Officer may determine that the matter requires no further action.

The Conduct Proceedings Officer will refer the matter for hearing if:

5.1.8.1 The student denies the charge and the Conduct Proceedings Officer determines the matter may be reason for discipline.

5.1.8.2 The student chooses not to discuss the matter at the discussion offered by the Conduct Proceedings Officer. The student will be notified of the date and time of the hearing.

5.1.9 Alternative Resolution

5.1.9.1 Mutual Settlement. In lieu of referral to a hearing, the Conduct Proceedings Officer may offer or accept mutual settlements of any charged violations under this code. Settlements shall be in writing and shall state the conditions of the agreement and any sanctions imposed. Mutual settlements may not be appealed.
Cases not settled in a timely manner shall proceed to a hearing.

5.1.9.2 Counseling. In lieu of, or in addition to, a sanction or referral to a hearing the Conduct Proceedings Officer may refer the student for psychological counseling.

5.1.9.3 Behavioral Contract. In lieu of, or in addition to, a sanction or referral to a hearing, the Conduct Proceedings Officer may arrange a behavioral contract with the student. A behavioral contract is a mutually acceptable agreement between the University and a student that specifies certain behavior with which the student must comply, and specifies automatic sanctions that will be imposed if the contract is broken. If the contract is broken, as determined by a finding of fact under procedures set forth in Article 5 herein, the student may be suspended from the University as determined by the Conduct Proceedings Officer. In cases where suspension is automatic under the terms of a behavioral contract, a hearing to determine if the contract has been broken will be on fact only.

5.1.9.4 Referral to Behavioral Evaluation Team. In lieu of referral to a hearing, the Conduct Proceedings Officer and the student may agree to referral to a process provided by the Behavior Evaluation Team. This option is available in situations where the alleged conduct of the student appears to be related to a mental disorder or emotional problem.

5.2 Hearings
There are two hearing forums: The University Hearing Officer and the University Hearing Body. The Conduct Proceedings Officer will assign a case to one of these forums, except that in cases where there is potential for a sanction of suspension or dismissal, the student may choose which hearing forum will hear the case. The student will have two (2) business days from the date of the meeting with the Conduct Proceedings Officer to make a final choice in writing to the Conduct Proceedings Officer. If no such timely choice is made, the Conduct Proceedings Officer will designate whether the case will be heard by a Hearing Officer or Hearing Body. The student will be notified of the time and date of the hearing.

5.2.1 University Hearing Officer

5.2.1.1 One or more University Hearing Officers will be appointed by the President or the President's designee and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

5.2.1.2 The University Hearing Officer will be assigned by the President or the President's designee to hear the case.

5.2.1.3 The University Hearing Officer, based on the information presented at the hearing, determines whether the student charged violated the student conduct regulations, and sets the sanction, when applicable. Failure to complete the terms of the sanction may result in suspension from the university as determined by the Conduct Proceedings Officer. Certain violations have automatic sanctions imposed according to Section 4.4. In such cases, the University Hearing Officer will decide if a violation has occurred and, if so, the terms of a mandatory sanction.

5.2.2 University Hearing Body

5.2.2.1 The University Hearing Body consists of one University Hearing Officer and two students.

5.2.2.2 The students will be selected from a pool of students who are selected by the President or the President's designee in consultation with Student Government Association and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

5.2.2.3 The University Hearing Body, based upon the information presented at the hearing, determines whether the student charged violated student conduct regulations, and sets the sanction, when applicable. Failure to complete the terms of the sanction may result in suspension from the university as determined by the Conduct Proceedings Officer. Certain violations have automatic sanctions imposed according to Section 4.4. In such cases, the University Hearing Body will decide if a violation has occurred and, if so, the terms of a mandatory sanction.

5.2.3 Hearing Procedures

5.2.3.1 In all disciplinary hearings, the burden of proof rests with the Conduct Proceedings Officer, who must prove by a preponderance of evidence that a violation has occurred.

5.2.3.2 The student charged may have an advisor of the student's choice present at the hearing. If the student's advisor is an attorney, the student must notify the Conduct Proceedings Officer of this at least three (3) business days in advance of the hearing. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

5.2.3.3 A record of the hearing, made by an audio recording device, will be kept by the Conduct Proceedings Officer at least until the appeal time is exhausted.  The Conduct Proceedings Officer, on behalf of the University, will maintain all copies of these recordings.

5.2.3.4 A University Hearing Officer presides at all hearings.

5.2.3.5 Procedures at hearings will be communicated to the student charged at least twenty-four (24) hours before the hearing.

5.2.3.6 The Hearing Officer or Hearing Body will issue a written decision within three (3) business days stating if a violation has been found, what facts support this finding, and the sanction to be imposed if a violation has been found.

5.2.3.7 A copy of a decision by the University Hearing Body or University Hearing Officer will be mailed to the student within two (2) business days from the date the decision is made. The Conduct Proceedings Officer will coordinate procedures for communicating the decision.

5.2.3.8 The student charged has the right to cross-examine the complainant and any witnesses in the case against him or her.  The Hearing Officer, however, has the right to determine the method the cross-examination will take (direct confrontation, submission of written questions, or any other method that, in the Hearing Officer’s opinion, will elicit the desired testimony).

5.3 Complainant's Rights
Central Michigan University recognizes that complainants have rights that need to be protected as well as those of the person who is cited.

5.3.1 The complainant has the right to have a person of his or her choice accompany him or her throughout the disciplinary hearing.

5.3.2 The complainant has the right to remain present during any disciplinary or appeal hearings.

5.3.3 The complainant has the right to submit an “impact statement" and to suggest an appropriate sanction if the person cited is found in violation of the Code of Student Rights, Responsibilities and Disciplinary Procedures.

5.3.4 The complainant has the right to be informed in a timely manner of the outcome of the hearing regarding the findings and the sanction.

5.3.5 The complainant has the right to appeal either the findings or the sanction.

5.3.6 In cases involving sexual assault, the complainant has the right not to have his or her irrelevant past sexual history discussed during the hearing.

5.3.7 The complainant has the right to cross-examine the student charged and any “defense” witnesses in the case.  The Hearing Officer, however, has the right to determine the method the cross-examination will take (direct confrontation, submission of written questions, or any other method that, in the Hearing Officer’s opinion, will elicit the desired testimony).

5.4 Appeals

5.4.1 The following matters may be appealed to the Appeals Board:

5.4.1.1 The decision of a University Hearing Body or a University Hearing Officer as provided in Section 5.2. The appeal may be as to the facts found or the sanction set or both. If the sanction is automatic, then the appeal may only be made as to the findings, or the terms of a suspension. The appeals board may not reduce the sanction below the minimum imposed by Section 4.4 or by the terms of behavioral contracts or other disciplinary actions in which automatic sanctions are specified.

5.4.1.2 The sanction set by the Conduct Proceedings Officer after admission of violation by the student. Imposition of any automatic sanction after such an admission may not be appealed; however, the terms or conditions of the sanction may be appealed. See Section 5.1.7.2 for more information regarding this type of appeal.

5.4.2 The Appeals Board consists of the Student Government Association President or designee, the Chairperson of the Academic Senate or designee, and the Assistant Vice President for Student Affairs or designee and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

5.4.3 An appeal to the Appeals Board may be made by the student involved, by the person or group
who first brought the charge, or by the University.

5.4.4 An appeal is timely only if taken within five (5) business days of the decision appealed. An appeal not made within the time limit will not be heard unless the President or the President’s designee makes an exception.

5.4.5 An appeal is made by submitting a written statement of appeal to the Conduct Proceedings Officer within the time limit. The written statement of appeal must state: the name of the person appealing, the basis of the appeal, the person or group making the decision from which the appeal is made, whether a decision as to fact or sanction or both is appealed, and the remedy that the person appealing is requesting from the Appeals Board.

5.4.6 The student charged may have an advisor of the student's choice present at the hearing of the appeal. If the student's advisor is an attorney, the student must notify the Proceedings Officer of this at least three (3) business days in advance of the hearing. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

5.4.7 The Conduct Proceedings Officer is responsible for notifying members of the Appeals Board of the appeal and for setting a time and place for holding a meeting of the Appeals Board. The Conduct Proceedings Officer will provide notice of time and place of the meeting of the Appeals Board to the student(s) charged, the charging party, and other University persons deemed appropriate by the Conduct Proceedings Officer.

5.4.8 The Conduct Proceedings Officer will assemble the documentary evidence introduced at the hearing, the record made of the hearing, and the administrative contact history made in connection with the matter and will make these materials available to the Appeals Board.

5.4.9 The Appeals Board may establish its own procedure for conducting any appeal appropriate to the circumstances designed to achieve fairness to the student charged as well as the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

5.4.10 The Appeals Board makes its determination based solely on the record of the student's hearing, facts that are presented to the Appeals Board, and arguments before the Appeals Board.  No additional witnesses, witness statements, or other materials may be introduced during the Appeal.

5.4.11 The purpose of the Appeals Board is to decide if the findings and/or the sanction of the Hearing Body were so incorrect that the decision should be changed. It is not the purpose of the Appeals Board to substitute its judgment for that of the Hearing Officer or Body. It is not the purpose of the Appeals Board to decide if it would have reached the same decision had it been the Hearing Officer or Body. It is not the function of the Appeals Board to rehear the charges against the student; it is an appeal of the findings and/or the sanction of the Conduct Proceedings Officer, Hearing Officer or Body only as requested by the person or persons making the appeal. The Appeals Board may:

5.4.11.1 Find that there are not sufficient facts presented to warrant the findings of fact made at the original hearing and may set aside the finding or determine the facts differently.

5.4.11.2 Order that a new hearing be held.

5.4.11.3 Change the sanction.

5.4.11.4 Provide such further and additional relief or changes as dictated by fairness to the student and to the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

5.4.12 The Appeals Board must hear the appeal within fifteen (15) business days from the date the appeal is made in writing and delivered to the Conduct Proceedings Officer.

5.4.13 A decision of the Appeals Board is final except that a decision to suspend for more than one week or to dismiss a student is subject to discretionary review by the Vice President of Enrollment and Student Services or the President (see 5.4.14). Any student responding to a charge under these procedures, any person bringing charges under these procedures, or the Administration, may make a written application to the Vice President of Enrollment and Student Services to review such a decision made by the Appeals Board. The application must be received in the Office of the Vice President of Enrollment and Student Services within five (5) business days after the date of the Appeals Board decision. Failure to make application for review within the time limit ends the right to make application for review unless the time limit is extended by the Vice President of Enrollment and Student Services. The application for review must contain the following information:

a) Name of the student(s) charged in the proceeding in which the Appeals Board has rendered a decision.
b) Name, address, and telephone number of the person making application for review.
c) A copy of the Appeals Board decision involved.
d) A statement as to what portion(s) of the Appeals Board decision the applicant wishes reviewed, and the reason(s) why the person making application for review considers the decision to be capricious, or the procedures followed to be fundamentally unfair.
e) A statement of the relief requested from the Vice President of Enrollment and Student Services by the person making application for review.

If the Vice President of Enrollment and Student Services elects to review a decision of the Appeals Board, either in part or entirely, the Vice President of Enrollment and Student Services may establish whatever procedures are deemed appropriate and consistent with fairness to govern the review.

5.4.14 The University reserves the right for the President or the President's designee to impose a different sanction after a determination of violation, than the sanction imposed by the Conduct Proceedings Officer, Hearing Officer, Hearing Body, Appeals Board, or others under these procedures.

5.5 Charges Involving Student Organizations
All notices referred to in this document, when involving a Registered Student Organization, shall be sent to the president of the organization, at his or her last address on file with the Office of the Registrar, unless another representative of the organization is designated by the organization to receive such notices. When a Registered Student Organization is charged with a violation, the president of the organization shall represent the organization in the process described in Section 5, unless the Registered Student Organization designates some other representative. The representative of the student organization must be a registered student at Central Michigan University, and must be a regular member of that organization.

5.6 Changes in Procedures

5.6.1 The procedures set forth herein shall apply throughout the calendar year. A University Hearing Officer may be appointed by the Conduct Proceedings Officer to hear a case at times when a University Hearing Body cannot be readily assembled such as when students are not in attendance at regular sessions, during exam week, summer sessions.

5.6.2 These procedures are subject to change by the President of the University or designee. If any change is deemed necessary, any new procedures shall guarantee a fair hearing with due process.

5.7 Clarifying Processes
Clarifying processes that are consistent with the Hearing Procedures in this document may be proposed by the Office of Student Rights and Responsibilities.

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Phone: 989-774-4000

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