Student Conduct Process and Procedures

This section of the Code of Student Conduct outlines the conduct procedures to be followed during the student conduct process.

5. Student Conduct Process and Procedures

5.1 General Conduct Process Regulations

5.1.1 The University uses the preponderance of the evidence standard to determine violations of University regulations. A student will be found in violation when evidence supports that it is more likely than not that the student violated the University regulation.

5.1.2 All notices referred to in this document when involving a Registered Student Organization shall be sent to the president of the organization, at the president of the organization's 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. The president of the organization (or its representative, if such is appointed), shall ensure the full cooperation and participation of all the organization's members in any investigation. If such cooperation is not forthcoming, the organization's recognition may be removed pursuant to the Registered Student Organization Manual and these regulations. In addition, failure to ensure cooperation may result in a violation of section 5.3.3.1 of the Code.

5.1.3 The Vice President of University Engagement and Student Affairs appoints Conduct Proceedings Officers who provide information about student rights and responsibilities, receive complaints, and oversee conduct matters through resolution in accordance with this Code.

5.2 Initiation of the Conduct Process

The Office of Student Conduct receives a report or information pertaining to student conduct.

Reports or information pertaining to student conduct may come from students, faculty, staff, university employees, student organizations, law enforcement, or community members.

5.3.3 Initial Review, Inquiry, and Investigation
A Conduct Proceedings Officer in the Office of Student Conduct reviews the report to determine:

• Applicability of the Code and potential violations
• Safety concerns
• Impact to the University community

If, after reviewing a report, the Conduct Proceedings Officer determines the reported behavior would not constitute a violation under this Code or that the information available is insufficient to pursue an investigation, the process concludes with no further action at that time. If additional information becomes available at any time, the Conduct Proceedings Officer may proceed with the conduct process at that time.

If the Conduct Proceedings Officer determines that a potential violation under this Code has occurred, the Conduct Proceedings Officer will investigate the matter or cause an investigation to occur.

5.3.3.1 During any investigation undertaken under this Code, or pursuant to any other CMU Policy, all students who are contacted by the investigator shall cooperate fully and participate meaningfully in the investigation to the best of their ability. Students shall answer all questions asked of them truthfully and accurately. Failure to cooperate as outlined in this section is a violation of this section.

5.4 Notice and Conduct Proceedings Officer Meeting
If during or after the investigation, the Conduct Proceedings Officer determines the reported conduct may be a violation under this Code, 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.

The respondents’ notification will include:

• Alleged policy violations
• Summary of concerns
• Information about rights and resources
• Instructions for next steps
• Date and time of the scheduled Conduct Proceedings Officer meeting

The Conduct Proceedings Officer will send notification to the student via their official university email address. The notice will be deemed received immediately upon delivery via electronic mail.

If the Conduct Proceedings Officer has been notified that the student may not have access to email or the matter of notification is urgent, the Conduct Proceedings Officer will attempt to contact the student via one additional method. If notified by mail (United States Postal Service, FedEx, UPS, or DHL) 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 the shipping facility of record. 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 the notice is so delivered shall be deemed the date the notice is received.

The Conduct Proceedings Officer meeting will be scheduled for at least two business days after the notice is deemed received.

The student will have two (2) business days from the date of receipt (through any of the mediums listed above) in which to respond to accept responsibility for the alleged violation, accept the Conduct Proceedings Officer meeting request, or to request to have the Conduct Proceedings Officer meeting rescheduled if they are unable to attend the designated Conduct Proceedings Officer meeting time. The Conduct Proceedings Officer meeting may be rescheduled at the discretion of the Conduct Proceedings Officer. A student may request to have the Conduct Proceedings Officer meeting rescheduled once. Exceptions granting additional opportunities to reschedule a Conduct Proceedings Officer meeting may be granted if special circumstances are outlined in the student’s request at the discretion of the Conduct Proceedings Officer.

If the student has not responded to the notification accepting responsibility or requesting to reschedule the Conduct Proceedings Officer meeting and does not attend the Conduct Proceedings Officer meeting, the Conduct Proceedings Officer will proceed to reschedule the meeting to a new date and time and notify the student via one of the above notification methods. The rescheduled Conduct Proceedings Officer meeting will be at least two business days from date of notification. The student may request to meet before two business days from notification have passed and requests will be accepted at the discretion of the Conduct Proceedings Officer.

5.5 Advisor Presence
The student(s) 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(s) must notify the Conduct Proceedings Officer of this at least two (2) business days in advance of the discussion. The advisor's role is limited to providing advice to the student(s). The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student(s).

5.6 Meeting with Conduct Proceedings Officer
If the student admits violation before meeting with the Conduct Proceedings Officer, the Conduct Proceedings Officer may continue the process without the Conduct Proceedings Officer meeting.

If the student does not contact the Conduct Proceedings Officer to reschedule the second Conduct Proceedings Officer meeting scheduled and does not attend, the Conduct Proceedings Officer will follow the process outlined in 5.7.3.

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.

Additionally, Conduct Proceedings Officer meeting discussions often include the opportunity for the student to ask and respond to questions, information sharing, discussion of possible resolution options.

5.7 Conduct Proceedings Officer Meeting Outcomes

5.7.1 Student Admits Violation

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

1. Issue a sanction
2. Order that the sanction be set by a university Hearing Officer
3. Enter into a written, mutually acceptable, agreement with the student
4. Require the student to engage in the CMU Cares case management and/or assessment process

5.7.1.1 The student(s) charged or the person or group who first brought the charge, or the university, may appeal the sanction (except the terms of a student expectation meeting agreement), by a letter delivered to the Office of Student Conduct within five (5) business days after the Conduct Proceedings Officer has set the sanction. Since the 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.

5.7.2 Student Does Not Admit Violation
After a 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 a hearing if:

5.7.2.1 The student denies the charge and the Conduct Proceedings Officer determines the matter may be a violation requiring a resolution or sanction.

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

5.7.3. Student Does Not Attend Conduct Proceedings Officer Meeting
The student chooses not to attend the discussion offered by the Conduct Proceedings Officer.

Based on the information available, the investigating Conduct Proceedings Officer makes a recommendation to another Conduct Proceedings Officer for a finding, outcome/sanction.

Students who do not attend a Conduct Proceedings Officer meeting and are issued an outcome and/or sanction may only appeal the decision if the sanction issued is suspension or expulsion. All other Conduct Proceedings Officer decisions will be upheld. Further appeal opportunities may be considered at the sole discretion of the deciding Conduct Proceedings Officer.

5.7.4. Alternative Resolution

5.7.4.1 Mutual Settlement: In lieu of referral to a hearing or prior to a student's admission of a violation of the Code, 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.

5.7.4.2 Student Expectation Meeting. In lieu of, or in addition to, a sanction or referral to a hearing, the Conduct Proceedings Officer may arrange a student expectation meeting with the student and, at the discretion of the Conduct Proceedings Officer, their parent(s) or guardian(s), when possible. A student expectation meeting is a process that attempts to arrive at a mutually acceptable agreement between the university and the student that addresses student behavior which is in violation of University regulations, clarifies expectations, and identifies resources and action steps to support the student’s ability to behaviorally comply with University regulations. If the agreement is broken, as determined by a finding of fact under procedures set forth in Section 5 herein, the student may be suspended from the University as determined by the Conduct Proceedings Officer.

5.7.4.3 Referral to CMU CARES: In lieu of referral to a hearing, the Conduct Proceedings Officer and the student may agree to engage a process provided by CMU CARES.

5.8 Hearings
There are two hearing types: 1) a University Hearing Officer or 2) a University Hearing Board. The Conduct Proceedings Officer will assign a case to one of these types, except that in cases where there is potential for a sanction of suspension or expulsion, the student may choose the hearing type. 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 the student does not respond by the deadline, the Conduct Proceedings Officer will decide the type of hearing. The student will be notified of the time, date, and location of the hearing.

Hearing locations may be in person, virtual meetings, or hybrid format. The University may establish procedures necessary to support safety, accessibility, and fairness.

During regular University business hours, students will have reasonable access to information that may be considered during the hearing as permitted by law and University policy.

If a respondent or complainant fails to appear after receiving proper notice, the hearing may proceed in their absence.

5.8.1 The Hearing Officer

5.8.1.1 One or more University Hearing Officers are appointed by the President or the President’s designee and must participate in the appropriate training sessions regarding the Code.

5.8.1.2 The Vice President for University Engagement and Student Affairs, or the Director of the Office of Student Conduct, as the designee of the Vice President for Student Affairs, assigns a Hearing Officer to hear the case.

5.8.1.2 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 additional sanctions, including suspension from the university, as determined by the Conduct Proceedings Officer.

5.8.2 The University Hearing Board

5.8.2 The University Hearing Board consists of one University Hearing Officer and two students.

5.8.2.2 The Director of the Office of Student Conduct, as the designee of the Vice President for University Engagement and Student Affairs, will select and train a group of students, in consultation with the Student Government Association, to serve as members of a Hearing Board.

5.8.2.3 All members of the University Hearing Board must participate in the appropriate training sessions regarding the Code.

5.8.2.4 The University Hearing Board, 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 additional sanctions, including suspension from the university, as determined by the Conduct Proceedings Officer.

5.8.3 Hearing Procedures

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

5.8.3.2 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 two (2) 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.

5.8.3.3. An electronic recording of the hearing 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. Unauthorized recording by participants is prohibited.

5.8.3.4 A university Hearing Officer presides at all hearings.

5.8.3.5 Hearing notifications and procedures will be communicated to the charged student at least forty-eight (48) hours before the hearing.

5.8.3.6 The Hearing Officer or Hearing Board 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(s) to be imposed.

5.8.3.7 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.

5.8.3.8 The student charged has the right to cross-examine the complainant and any witnesses in the case against them. 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).

5.9 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.

5.9.1. The complainant has the right to have a person of their choice accompany them throughout the disciplinary hearing.

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

5.9.3 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 Conduct.

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

5.9.5 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).

5.10 Appeals

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

The decision of a University Hearing Board or a University Hearing Officer as provided in Section 5.8, or appeal opportunities granted at the sole discretion of a deciding Conduct Proceedings Officer.

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 the terms of Student Expectation Meeting agreements or mutual settlement agreements.

5.10.2 The sanction set by the Conduct Proceedings Officer after the admission of violation by the student.

5.10.3 The sanction set by the determining Conduct Proceedings Officer after a Conduct Proceedings Officer meeting in which the student does not attend two scheduled meetings and the sanction is suspension or expulsion.

5.10.4 The Appeals Board consists of the Student Government Association President or designee, the Chairperson of the Academic Senate or designee, and the Associate Vice President for Student Affairs or designee and must participate in the appropriate training sessions regarding the Code.

5.10.5 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.

5.10.6 An appeal is timely only if made 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.

5.10.10 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.

5.10.11 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 two (2) 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.

5.10.12 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 at least two (2) business days in advance of the hearing.

5.10.13 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. During regular University business hours, students will have reasonable access to information that may be considered during the hearing, as permitted by law and University policy.

5.10.14 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 Conduct.

5.10.15 An electronic recording of the appeal 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. Unauthorized recording by participants is prohibited.

5.10.16 If a respondent or complainant fails to appear after receiving proper notice, the appeal may proceed in their absence.

5.10.17 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.

5.10.18 The purpose of the Appeals Board is to decide if the findings and/or the sanction of the Hearing Officer or Hearing Board 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 Board. 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 Board. 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 Board only as requested by the person or persons making the appeal. The Appeals Board may:

• 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
• Order that a new hearing be held
• Change the sanction
• 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 Conduct

5.10.19 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.

5.10.20 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 University Engagement and Student Affairs, or the President (see 5.10.22).

In these cases (suspension for more than one week or expulsion), any student respondent, any complainant, or the administration may make a written application to the Vice President of University Engagement and Student Affairs to review such a decision made by the Appeals Board. The application must be received in the Office of the Vice President of University Engagement and Student Affairs, within five (5) business days after the date of the Appeals Board decision. Failure to make an application for review within the time limit ends the right to make an application for review unless the time limit is extended by the Vice President of University Engagement and Student Affairs.

The application for review must contain the following information:

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

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

5.10.21 Failure to complete the terms of the sanction may result in additional sanctions, including suspension from the university, as determined by the Conduct Proceedings Officer.

5.10.22 Following a determination of a violation, the President, or the President’s designee, may, at the President’s or designee’s sole discretion and on their own initiative, impose a different sanction than the sanction imposed by the Conduct Proceedings Officer, Hearing Officer, Hearing Board, Appeals Board, or other decision-maker under these procedures.

This authority is discretionary and does not create an additional level of appeal or review. A student or other party may not request, petition for, or otherwise invoke presidential review or intervention under this provision. The President’s or designee’s decision regarding the sanction is final and is not subject to further appeal under these procedures.

5.11 Changes in procedures

5.11.1 The procedures in this Code apply throughout the calendar year. When a Hearing Board cannot be assembled in a timely manner, such as when students are not in attendance at regular sessions during exam periods or summer sessions, the Conduct Proceedings Officer may appoint a Hearing Officer to hear the case.

5.11.2 These procedures are subject to change by the President of the University or designee. Any changes will preserve students’ rights to a fair procedure with due process.

5.11.3 Clarifying processes that are consistent with the procedures in this document may be proposed by the Office of Student Conduct.