Graduate Students Charged
​​6. Student Hearing Procedures for Graduate Students Charged with Violating the Policy on Academic Integrity

If the charge is against a graduate student for violation of the Policy on Academic Integrity, then the matter will be handled under this section and not under section 5.  If the charge is against an undergraduate student for a violation of the Policy on Academic Integrity, the procedures in the Policy on Academic Integrity shall be followed.

6.1 Intake Conduct Proceedings Officer

6.1.1 A charge may be made to the Dean of the College of Graduate Studies by any member of the university community stating that a student has violated Section 3.2.1 of Specific Regulations Concerning Student Conduct.

6.1.2 One or more Conduct Proceedings Officers shall be appointed by the Dean of the College of Graduate Studies and must participate in the appropriate training sessions regarding the Code of Conduct. The Conduct Proceedings Officer will make, or cause to be made, an investigation of the charge.

6.1.3 If, from the investigation, the Conduct Proceedings Officer determines the matter may be subject to discipline under the policy on academic integrity, 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 email, 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) business days following the date the notice is posted at facilities of the United States Post Office (for U.S. Postal mail) or immediately upon delivery for electronic 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 of notice is so delivered shall be deemed the date the notice is recieved. 

6.1.4 The student may bring an advisor of the student's choice to the discussion with the Conduct Proceedings Officer.

6.1.5 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.

6.1.6 Student Admits Violation

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

a. Issue a sanction or,

b. Order that the sanction be set by a university Hearing Officer or,

c. Refer the student for Academic Integrity counseling and contract

6.1.6.2 The student charged or the person or group who first brought the charge, or the university, may appeal the sanction, by a letter delivered to the Dean of the College of Graduate Studies within five (5) business days after the Dean has set the sanction. 

Since admission of the violation by the student is a prerequisite to the Dean 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.

6.1.7 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:

6.1.7.1 The student denies the charge and the Conduct Proceedings Officer determines the matter may be subject to discipline

6.1.7.2 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.

6.1.8 Alternative Resolution

6.1.8.1 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 stating 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.

6.2 Hearings
There are two hearing forums: The Graduate Studies Hearing Officer and the Graduate Studies Hearing Body. 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 a Graduate Studies Hearing Officer or Graduate Studies Hearing Body will hear the case. The student will be notified of the time and date of the hearing.

6.2.1 Graduate Studies Hearing Officer

6.2.1.1 One or more Graduate Studies Hearing Officers will be appointed by the Dean of the College of Graduate Studies to hear the case.

6.2.1.2 The Graduate Studies Hearing Officer, based on the evidence presented at the hearing, determines whether the student charged violated the policy on academic integrity and sets the sanction, when applicable.

6.2.2 Graduate Studies Hearing Body

6.2.2.1 The Graduate Studies Hearing Body consists of one Graduate Studies Hearing Officer, one graduate faculty member and one graduate student.

6.2.2.2 The graduate faculty member and the graduate student will be selected by the Dean of the College of Graduate Studies.

6.2.2.3 The Graduate Studies Hearing Body, based upon the evidence presented at the hearing, determines whether the student charged violated student conduct regulations, and sets the sanction, when applicable.

6.2.3 Hearing Procedures

6.2.3.1 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.

6.2.3.2 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.

6.2.3.3 A record of the hearing, made by tape recorder, 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.

6.2.3.4 A Graduate Studies Hearing Officer presides at all hearings.

6.2.3.5 Hearing notification and procedures will be communicated to the student charged at least twenty-four (24) hours before the hearing.

6.2.3.6 The Graduate Studies Hearing Officer or Graduate Studies Hearing Body will issue a written decision within ten (10) business days to the Conduct Proceedings Officer stating if a violation has been found, what facts support this finding, and the sanction to be imposed if a violation has been found.

6.2.3.7 A decision letter will be emailed to the student within three (3) business days from the date the decision is received by the Conduct Proceedings Officer.

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

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

6.3.2 The complainant has the right to remain present during the entire proceeding.

6.3.3 The complainant has the right to make an “impact statement" and to suggest an appropriate sanction if the person cited is found in violation.

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

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

6.4 Appeals

6.4.1 The following matters may be appealed to the Graduate Studies Appeals Board:

6.4.1.1 The decision of a Graduate Studies Hearing Body or a Graduate Studies Hearing Officer as provided in Section 6.2.

The appeal may be as to the facts found or the sanction set or both. The appeals board may not reduce the sanction below the minimum imposed by Section 4.4.

6.4.1.2 The sanction set by the Conduct Proceedings Officer after admission of violation by the student. See Section 6.1.6 for more information regarding this type of appeal.

6.4.2 The Graduate Studies Appeals Board consists of a graduate student appointed by the Chair of the Graduate Council, the Chairperson of the Academic Senate or designee, and the Dean of the College of Graduate Studies or designee.

6.4.3 An appeal to the Graduate Studies Appeals Board may be made by the student involved, by the person or group who first brought the charge, or by the university.

6.4.4 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.

6.4.5 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 which the person appealing is requesting from the Graduate Studies Appeals Board.

6.4.6 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 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.

6.4.7 The Dean of the College of Graduate Studies or designee is responsible for notifying members of the Graduate Studies Appeals Board of the appeal and for setting a time and place for holding a meeting of the Graduate Studies Appeals Board. The Conduct Proceedings Officer will provide notice of time and place of the meeting of the Graduate Studies Appeals Board to the student(s) charged, the charging party, and other university persons deemed appropriate by the Conduct Proceedings Officer.

6.4.8 The Conduct Proceedings Officer will assemble the documentary evidence introduced at the hearing, the record made of the hearing, and the file made in connection with the matter and will make these materials available to the Graduate Studies Appeals Board.

6.4.9 The Graduate Studies 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.

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

6.4.11 The purpose of the Graduate Studies Appeals Board is to decide if the findings and/or the sanction of the Graduate Studies Hearing Body were so incorrect that the decision should be changed. It is not the purpose of the Graduate Studies Appeals Board to substitute its judgment for that of the Graduate Studies Hearing Officer or Graduate Studies Hearing Body.

It is not the purpose of the Graduate Studies Appeals Board to decide if it would have reached the same decision had it been the Graduate Studies Hearing Officer or Graduate Studies Hearing Body. It is not the function of the Graduate Studies Appeals Board to rehear the charges against the student; it is an appeal of the findings and/or the sanction of the Graduate Studies Hearing Officer or Graduate Studies Hearing Body. The Graduate Studies Appeals Board may:

a) 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.
b) Order that a new hearing be held.
c) Change the sanction.
d) 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.

6.4.12 The Graduate Studies 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.

6.4.13 A decision of the Graduate Studies 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 Dean of the College of Graduate Studies. Any student responding to a charge under these procedures, any person bringing charges under these procedures, or the university, may make a written application to the Dean of the College of Graduate Studies to review a decision made by the Appeals Board. The application must be received in the Office of the Dean of the College of Graduate Studies 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 Dean of the College of Graduate Studies. The application for review must contain the following information:

a) Name of the student(s) charged in the proceeding in which the Graduate Studies Appeals Board has rendered a decision.
b) Name, address, and telephone number of the person making application for review.
c) A copy of the Graduate Studies Appeals Board decision involved.
d) A statement as to what portion(s) of the Graduate Studies 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 Dean of the College of Graduate Studies by the person making application for review. If the Dean of the College of Graduate Studies elects to review a decision of the Graduate Studies Appeals Board, either in part or entirely, the Dean of the College of Graduate Studies may establish whatever procedures are deemed appropriate and consistent with fairness to govern the review. The university also 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, Graduate Studies Hearing Officer, Graduate Studies Hearing Body, Graduate Studies Appeals Board, or others under these procedures.

6.5 Changes in Procedures

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

6.5.2 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.

6.6 Clarifying Processes
Clarifying processes that are consistent with the Hearing Procedures in this Section may be proposed by the College of Graduate Studies.