STUDENT HANDBOOK Michigan State University 1977-79 Student Activities Division Vice President for Student Affairs and Services MICHIGAN STATE UNIVERSITY VICE PRESIDENT FOR STUDENT AFFAIRS AND SERVICES EAST LANSING • MICHIGAN • 48824 STUDENT SERVICES BUILDING Dear Students, Faculty and Staff: This book is published to inform you of the University's regulations and procedures, and your rights and responsibilities. Upon admission to the University, a student is expected to follow those regulations established by the Univer sity to regulflte student conduct, as well as to meet those academic requirements specific to the student's academic program. The Michigan State University Catalog' and the Schedule of Courses and Academic Handbo,ok 2 are the appropriate references. for specific academic policies and requirements. This book contains those rules which govern student conduct irr general, specifically the General Student Regulations, student group regulations, administrative rulings and all-University policies. There exist, in addition to these rules, a set of MSU Ordinances established by the University's Board of Trustees to govern the conduct of all persons on University property. Those ordinances most applicable to students are included here. The entire list of ordinances is contained in Michigan State Univer sity Ordinances 1974 3 • Students are expected to be aware of the regulations contained in this book, and are re sponsible for following them. Students have established rights as well as responsibilities. Two documents, approved by the Board of Trustees, were created to define the scope of student rights and responsibilities: they are Academic Freedom for Students at Michigan State University and Graduate Rights and Responsibilities. Both documents are printed in total in this book. Within the University governance structure there exist procedures for student representation in both the legis lative and judicial branches. Included in this book are brief explanations of the legislative process, and major leg islative bodies, as well as the judicial process, and major judicial bodies. Within the text of that explanation the appropriate references which contain the complete descriptions of the bodies and processes discussed are cited. The regulations, codifications of rights and responsibilities, and rules of legislative and judicial procedure con tained herein have evolved through administrative, faculty and student effort in varying degrees, and represent the current perception of the balance between maximum freedom and necessary order. Any individual might well dif fer with this perception. Such disagreement is entirely appropriate. The system herein outlined functions best when continually infused with fresh perceptions, perceptions which use the thought and experience of previous legis lative and judicial participants as background information. The contents of this book are not imbued with divine wisdom. Often, they in fact represent the outcome of hard won compromise. Individuals who perceive flaws in the system benefit themselves and the system best by contributing their own insights, seeking to establish their own principles, and encouraging others to do the same. It is true that practical concerns often influence the outcome of legislative and judicial decisions. It is also true that no governance system can long survive without a foundation of ideals to guide it, and no set of ideals can long remain viable without incorporating new information, and without submitting itself again and again to examination and challenge. It is my hope that you will find this publication prepared by the Student Activities Staff helpful in your ex periences at Michigan State University. Sincerely, Eldon R. Nonnamaker Vice President for Student Affairs and Services 1 Available in two parts - Academic Programs and Description of Courses - eaoh part 50 cents, at the MSU Bookstore in the basement of the International Center, and at the Union Store, first floor, Union Building. 2 A¥ailable free from the Office of the Registrar, 150 Administration Building. 3 Available for reference only in the Office of the Secretary of the Board of Trustees, 484 Administration Building. 3 Table of Contents LEGISLATIVE AND JUDICIAL PROCEDURES ACADEMIC FREEDOM FOR STUDENTS AT MICHIGAN ST ATE UNIVERSITY GRADUATE RIGHTS AND RESPONSIBILITIES REGULATIONS INDEX 5 II 23 31 68 Legislative and Judicial Systems 5 The processes for the establishment and adjudication of regulations governing student conduct are set forth in Academic Freedom for Students at Michigan State Uni verstty. Based 'On the principle of student involvement, there is both a specific legislative process and a compre hensive judicial system which govern undergraduate stu dents. To the extent that interest motivates personal in volvement, there continue to be broad avenues for student participation in the governance process. THE LEGISLATIVE SYSTEM Michigan State University maintains two levels of regu lations applicable to student conduct, all of which require student approval. In addition, there are rulings estab lished by administrative offices and policies and ordinances established by the Board of Trustees. The procedures through which the various regulations and policies are enacted are outlined below. General Student Regulations - These regulations form the basic code of conduct for all students. The approval pro cedure (see Figure One) involves students, faculty, ad ministration and the Board of Trustees. Authority for es tablishment of such regulations is found in the Bylaws of the Board of Trustees: "The Board may make or may delegate through the President to the faculty the author ity to make reasonable rules and regulations for the pur pose of maintaining the health, safety, good order, har mony and discipline of students . . . . " References for further information: a. Academic Freedom for Students at Michigan State University, Article 5 b. Bylaws for Academic Governance, Articles 4 and 5 c. Bylaws of the Board of Trustees, Article VIII Figure One: General Student Regulations Proposal for initiation or amendment may be made hy any student governing body or the University Commit tee on Student Affairs. University Committee on Student Affairs - Approves or rejects proposal. t Academic Council - Accepts proposal or refers it back to University Committee on Student Affairs with recommendations for change. If proposal is re turned to Council, Council accepts or rejects. PropoLl forwarded through Office of the President. t t Board of Trustees - Proposal becomes operative upon approval. Student Group Regulations - Student groups may estab lish regulations to govern student conduct within student groups through the procedures shown in Figure Two. ASMSU, the undergraduate student government, receives proposals from major governing groups and student or ganizations. ASMSU then makes recommendations to the Vice President for Student Affairs and Services who acts on behalf of the University administration. References for further information: a. ASMSU Constitution and Code of Operations 6 b. Academic Freedom for Students at Michigan State University, Article 5 c. Major governing group constitutions d. Living unit constitutions Figure Two: Student Group Regulations Proposal for initiation or amendment may be made by any registered student organization, living unit govern ing body, major governing group or the Student Board of ASMSU. + Living Unit- When proposal affects living it is forwarded here for recommen I units t dations. + Major Governing Group - When proposal has been referred to living unit it is forwarded here for review and recommendation. Student Board of ASMSU - Reviews and recommends t any changes. Vice President for Student Affairs and Services - Ap- proves or rejects proposals. Note: House and hall rules may be established for indi vidual living units . Such rules are not printed in this book but are available from the governing bodies or the staff advisors of the living units. Administrative Rulings - Administrative offices within the University are, by practice, delegated authority through the President by the Board of Trustees to establish proce dures which will ensure their effective functioning. Often an office will submit such proposals for review and rec ommendations of a student-faculty advisory committee or a standing committee of the Academic Council. (The Aca demic Council structure is described in the Bylaws for Academic Governance.' ) Such bodies serve as sources of community opinion and may recommend changes or ad ditions to administrative rulings . Final decisions, however, rest with the administrative office. References for further information: a. Bylaws for Academic Governance, Article 2 b. Bylaws of the Board of Trustees, Articles IV, VI All-University Policies - Policy statements are developed to define and prescribe broad areas of institutional con cern. For example, the Anti-Discrimination Policy and Procedures (p. 37) addresses the relationship between the University and its students and employees; the Motor Vehicles policy (p. 56) states requirements and prohibi tions regarding student possession and ·operation of motor vehicles on campus; and the Housing Policy (p. 53) speci fies the on-campus living requirements for students. Such policies are established by the Board of Trustees. They may be adopted following university-wide discussion and endorsement, may result from recommendation by some internal office or committee or may be initiated and en acted by the Board itself. References for further information : Bylaws of Board of Trustees, Article VIII MSU Ordinances - The Board of Trustees is granted au thority by the constitution of the State of Michigan to 1 Available from the Secretary of the Faculties, 10 Linton Hall. legislate ordinances governing the conduct of all persons on University property. These ordinances are law, viola tions of which are misdemeanors and adjudicated through the courts. The legislative process need not involve any one except the Board of Trustees, although in practice the administration contributes its advice and relevant stu dent-faculty committees may also be consulted. References for further information: a. MSU Ordinances b. Bylaws of the Board of Trustees, Article XI Academic Regulations - This handbook does not include matters of academic policy, program and degree require ments, and the like. Such regulations are available in the following sources: a. MSU Catalog - Academic Programs b. MSU Catalog- Description of Courses c. Schedule of Courses and Academic Handbook In addition to consulting these sources, students should contact the academic department of their major prefer ence for specific program requirements. THE JUDICIAL SYSTEM Michigan State University does not currently have a single unified judicial system. Rather, there is an undergraduate judicial structure, a graduate judicial structure, and a num ber of other judicial or quasi-judicial bodies with special ized jurisdicitions. All judiciaries, however, operate with an essentially common purpose and philosophy, i.e., to con tribute to the protection of an environment for learning. Although specific procedures vary from one structure or judiciary to another, virtually all operate in a manner de signed to assure due process. The focus of most of the overview which follows is on the undergraduate judicial system established with the adoption of the report on Academic Freedom for Students at Michigan State University in 1967 with amendments approved by the Board of Trustees in 1971 and 1977. Stu dents with interest in learning more about the judiciaries are encouraged to review pages 16-20 and 27-28, and con sult the resources listed. What Does a Campus Judicial System Do? It is a relatively common assumption that a judicial system would exist to provide means for deciding whether or not a regulation has been violated and, if so, what action should appropriately be taken. It may not be an equally common assumption, however, that a judicial system would exist to protect student rights - against infringement by other students, by faculty or administrators, by groups, or the University itself. The MSU campus judiciaries gen erally provide for both. The undergraduate judicial sys tem for example, provides for consideration of challenges to regulations or administrative decisions alleged to be in consistent with fundamental student rights outlined in the Academic Freedom Report. In addition, there is provision for considering allegations that legislative bodies or offi cers have acted inconsistently with their respective con stitutions. It is through performance of these functions, as well as through consideration of alleged violations of regu lations, that the judicial system seeks to maintain that very delicate balance between maximum freedom and·necessary order so fundamental to the protection of an environment for learning. Structure and Organization of the System The structure and organization of the undergraduate judi cial system is outlined in the chart which follows. The chart indicates the composition, method of selecting mem bers, jurisdiction, and decisions available at the different levels. Also shown are routes of appeal and referral. The decision of a lower judiciary may be appealed to the next higher judiciary with final appeal being to the Vice President for Student Affairs and Services. Only those decisions by the Student-Faculty Judiciary which are of a disciplinary na ture, however, may be appealed to the Vice President. Any judiciary may waive jurisdiction over a particular case and refer it to a higher or lower judiciary. In addition, a living unit may waive all judicial responsibility to its major gov erning group. (Most living units in the current system have done this, partially a result of regulation changes within the jurisdiction of the living units.) Relationship of the Judicial System to Campus Governance Legislation and adjudication are two separate functions of campus governance, although interdependent for their validity and effectiveness. Each needs the other for sup port and criticism. The judicial system is structured on the principle that legislative authority requires judicial re sponsibility. Accordingly, there is provision for a judiciary body to parallel each legislative body, depending upon it for provision of members and having corresponding juris diction. All-student judiciaries are established in general through the Academic Freedom Report, but they are de fined more specifically in the constitution of the student governing bodies whose jurisdiction they share. For ex ample, composition of the All-University Student Judiciary and the selection of its members are determined by the Constitution of the Associated Students of Michigan State University. The_ Student-Faculty Judiciary, the highest judiciary established in the Academic Freedom Report, is also provided for in the Bylaws of the Academic Council, which is the highest governing body of student and faculty membership. Jurisdictions Jurisdictions of the various judiciaries are determined on the basis of constituencies and categories of regulations. Students are held accountable for behavioral expectations set forth in duly established regulations regarding indi vidual and group conduct. Faculty and administrators are held accountable in that their policies and decisions can be challenged by a stu dent who believes a policy or decision to be inconsistent with the principles outlined within the guidelines of the Academic Freedom Report. Each judiciary has jurisdiction over the constituency of the corresponding legislative body. For example, Student Faculty Judiciary is the only body within the undergrad uate judicial structure which may hear challenges to the decisions of faculty or administrators, as well as alleged violations by students. 7 MICHIGAN STATE UNIVERSITY UNDERGRADUATE JUDICIAL STRUCTURE VICE PRESIDENT FOR STUDENT AFFAIRS AND SERVICES Jurisdiction: I. Falsification of records II. Academic dishonesty III. Readmission from non-academic suspension IV. Challenge of substances of a regulation or administrative decision V. Appeals of lower judicial body's decisions and of administrative decisions of a disciplinary nature STUDENT-FACULTY JUDICIARY Composition & Selection: APPEAL 4 students recommended by AUSJ, appointed by Student Board of ASMSU, 2 year terms. 7 faculty recommended by Committee on Aca demic Governance, appointed by University President for 3 year terms. 1 secretary, ex-officio, appointed by Vice Pres ident for Student Affairs and Services. APPEAL or REFER Jurisdiction: I. Individual violations of All- University regulations 00 ALL-UNIVERSITY STUDENT JUDICIARY Composition & Selection: II. Constitutionality of actions by student governing groups, organizations or their representatives III. Violations of ASMSU constitution or regulations of student organizations IV. Conflicts between student groups V. Appeals and referrals from lower judiciaries 11 students recommended by AUSJ, appointed by Student Board of ASMSU for 1 year term. 1 advisor from staff of Vice President for Stu dent Affairs and Services. MAJOR GOVERNING GROUPS LIVING I UNITS APPEAL °' RE~ --- RHA IFC Panhel ICC - I RESIDENCE HALLS I .-I F_R_A_T_E_R_N-IT_IE_s--.11 SORORITIES I .-I c-o---o-Ps~I . Jurisdiction: Individual violators of house and hall rules or major governing group regulations (many units have waived jurisdiction) Composition: Determined by living unit Decisions: I. Not guilty IL Guilty A. Warning B. Living unit probation ( 10 day limit) Decisions: I. Not guilty IL Guilty A. Warning B. Warning probation C. Disciplinary probation D. Suspension E. Other Decisions: I. Not guilty II. Guilty A. Warning B. Warning probation C. Disciplinary probation D. Suspension Composition: Determined by governing group Jurisdiction: I. Group violations II. Individual violations when jurisdiction is waived by living unit Decisions: Same as living unit judiciaries; RHA Judiciary may issue warning probation or disciplinary pmbation, or it may take limited other action. Processes and Procedures Disciplinary cases. The fundamental rules of due process are prescribed through the Academic Freedom Report and are required at all levels of the undergraduate judicial structure. Operational procedures vary somewhat among judiciaries. The essential steps of the disciplinary process are as follows: A. Any member of the University community may ini tiate a complaint against an undergraduate student. Reports of alleged violations of living unit or major governing group regulations are made to the chief administrative officer of a living unit, in a residence hall the head advisor. Reports of alleged violations of all-University regulations or policies are made to the area director, who acts as administrative officer on behalf of the Vice President for Student Affairs and Services Office for students living in his/ her area. An area director is designated for students liv ing off-campus. as well as those on-campus. B. The student is notified by the appropriate adminis trative officer that he/ she is accused of violating a regulation and is requested to meet with the admin istrative officer. In the subsequent conference, the student may: 1) admit to the allegation and request, in writing, that the administrative officer take ac tion; 2) admit to the allegation and request a hearing by a judiciary; or 3) deny the allegation, in which case the student is automatically referred to an ap propriate judiciary for a hearing. It should be noted that, as a matter of practice, if the student fails to meet with the administrative officer, the case is also referred to the appropriate judiciary. C. Upon the student's request, the administrative offi cer may take whatever action seems appropriate. Ad ministrative actions are usually in keeping with the range of actions available to the judiciary at the same level but are not restricted to these. The stu dent is informed in writing of the _administrator's decision, and that the decision may be appealed to the Student-Faculty Judiciary. Substantive cases. A different process is followed in hear ing substantive cases in which a regulation or an admin istrative decision is alleged to be inconsistent with the guidelines established in the Academic Freedom Report. The general procedures employed are as follows: A. Student submits a request for a hearing in which he/ she must specifically cite those sections of the Academic Freedom Report he/ she believes to have been violated and provide a brief statement of argu ment. A student need not be in violation of a regu lation in order to challenge. B. If the judiciary believes that the appeal has merit (e.g., it falls within the judiciary's jurisdiction, it is not frivolous) a copy of the appeal is sent to the party responsible for the decision or regulation and a written response is requested. C. After considering both the request for a hearing and the response, the judiciary may do one of the fol lowing: 1. Accept the request for a formal hearing 2. Reject the request 3. Invite the parties to discuss the matter informally with the judiciary D. Hearings are conducted as follows: 1. Hearings are open 2. Both the appellant and the respondent may be accompanied by counsel from the student body, faculty or administrative staff of the University 3. Each party is given thirty minutes to present his/ her case 4. Each party is given ten minutes for rebuttal 5. Parties direct all remarks and questions through the chairman 6. Members of the judiciary may ask questions dur ing the hearing E. The judiciary considers the matter in closed session D . If a judicial hearing is to be conducted a student ac and makes a ruling. cused of a violation is entitled to: 1. Written notice 72 hours prior to a hearing, stating: a. Time and place of the hearing b. Charges, of sufficient particularity to enable the student to prepare his/ her defense c. Names of witnesses 2. Appear in person and present his / her defense a. Call witnesses in his/ her behalf b. Be accompanied by counsel of his / her choice from among the student body, faculty or staff of the University c. Ask questions of the judicial body or witnesses d. Refuse to answer questions 3. Elect not to appear a. Absence to be noted without prejudice b. Hearing to be conducted in student's absence 4. An expeditious hearing 5. An explanation of reasons for any decision 6. Notification of his/ her right to appeal F. Parties to the case are notified of the judiciary's find ings, and all opinions are made public in ah appro priate manner. There is a community expectation that if a regulation or administrative decision is found to be inconsistent with the Academic Freedom Report the changes necessary to bring about con sistency will be made. Compliance is gained pri marily on the basis of "good faith." A ruling of the judiciary that finds no inconsistency serves to re inforce the validity of the regulation or decision. In addition to the regular procedures just described, a student may request expedited consideration of urgent cases in which it is alleged that a regulation or adminis trative decision threatens immediate and irreparable in fringement on student rights as defined in the Academic Freedom Report. If in the opinion of the chairman the request has merit, a preliminary hearing will be called be fore a panel of the judiciary. The panel may decide to request the administrator or administrative office to post pone or withdraw action pending a full hearing on the case. 9 Other Judicial Bodies Several judicial bodies within the University have special areas of jurisdiction and may or may not have a direct link with the undergraduate system described above. A. College and departmental hearing committees have original jurisdiction over a student complaint that his/ her academic rights have been violated by a faculty member. Composition and procedures of such committees vary. Decisions at the departmental level may be appealed to the college committee. College level decisions may be appealed to the Student Faculty Judiciary, whose decision is final. College and departmental committees may also hear student complaints concerning the quality of instruc tion. Decisions on complaints of this kind, however, may not be appealed beyond the college committee except to the dean of the college, who may ask that a given case be reconsidered. (Consult respec tive departmental or college office.) B. The Student Traffic Appeals Court is an autono mous, all-student body provided for under the AS MSU Constitution. The court has jurisdiction over summons issued by the Department of Public Safe ty for violation of the Student Motor Vehicle Regu lations. The first appeal is received in writing and considered by a panel of justices. A second may be made by appearing in person before the entire court. There is no further appeal. Student Motor Vehicle Regulations are recommended by an All-University Traffic Committee (student-faculty membership) and are approved by the Board of Trustees. A fine struc ture for violations is provided within the vehicle regulations. (Consult ASMSU Constitution and Code of Operations, or the S.T.A.C. Office, 331 Student Services.) C. The Anti-Discrimination Judicial Board is coordi nated through the Office of Human Relations. It is composed of three undergraduates and one gradu ate student, three faculty members, one representa tive each from the administrative-professional staff and the labor employees, and two representatives of the MSU Employee Association, with an ex officio secretary from the Department of Human Re lations. The Board has jurisdiction over violations of the University policy against discrimination based on race, creed, ethnic origin, sex, age, political per suasion, or sexual preference. It may hear complaints filed by students, faculty members, or employees. Parties involved in anti-discrimination proceedings have unrestricted choice of counsel. The Board may specify the actions that must be taken by the charged individual or organization to remedy a vio lation. Intent is to remove the effects of discrimina tion rather than to punish violators. Decisions of the Anti-Discrimination Judicial Board are reviewed by the President of the University. (Consult the Anti Discrimination Policies and Procedures, page 37, or the Department of Human Relations.) D. Graduate Judicial Structure. A completely separate judicial structure is provided for adjudicating cases brought by and against graduate students in the areas of: 1) academic rights and responsibilities; 2) professional rights and duties of graduate assistants; 3) professional rights and duties of other graduate students; and 4) University regulations. Judiciaries are provided for at the departmental, college and University levels. Each judiciary is composed of an equal number of faculty and student members with a faculty member serving as chairman. Decisions available including warning, probation with specific stipulations, and dismissal from the student's aca demic program. (Consult Graduate Rights and Re sponsibilities, page 23 or the Council of Graduate Students Office, or the Office of Advanced Graduate Studies.) E. Employment Hearing or Grievance Procedures in clude those for students, the faculty, the adminis trative-professional personnel, the unionized clerical technical employees, and the unionized hourly em ployees. (Students consult the Student Employment Policy Manual or the Student Employment Office.) 10 Academic Freedom for Students at Michigan State University ARTICLE 1: Student Rights and Responsibilities at Michigan State University ARTICLE 2: Academic Rights and Responsibilities of Students ARTICLE 3: Student Records at Michigan State University ARTICLE 4: Judicial Process ARTICLE 5: Regulations Governing Studen·t Conduct ARTICLE 6: Student and University Publications ARTICLE 7: Procedure for Amending and Revising This Document ARTICLE 8: General Recommendations 11 HISTORY OF APPROVAL Original Document Academic Council Academic Senate Board of Trustees Amendments ARTICLE 2 Section 2.1.4 University Committee on Student Affairs (UCSA) Section 2.3 ARTICLE 4 Section 4.3.2 ARTICLE 5 Total revision ARTICLE 6 Total revision ARTICLE 7 Total revision Student Board of ASMSU Academic Council Board of Trustees Amendment effective UCSA Student Board of ASMSU Academic Council Board of Trustees Amendment effective Student Board of ASMSU UCSA Academic Council Board of Trustees Amendment effective UCSA Student Board of ASMSU Academic Council Board of Trustees Amendment effective UCSA Student Board of ASMSU Academic Council Board of Trustees Amendment effective UCSA Student Board of ASMSU Academic Council Board of Trustees Amendment effective 12 January 10, 1967 February 28, 1967 March 16, 1967 April 11, 1977 April 19, 1977 May 31, 1977 June 24, 1977 June 24, 1977 March 31, 1970 April 1, 1970 May 12, 1970 June 18, 1971 June 18, 1971 February 1, 1977 February 28, 1977 May 31, 1977 June 24, 1977 June 24, 1977 March 31, 1970 April l, 1970 May 12, 1970 June 18, 1971 June 18, 1971 April 8, 1970 April 17, 1970 May 12, 1970 February 19, 1971 Juliy 1, 1971 February 8, 1971 February 9, 1971 March 2, 1971 April 16, 1971 April 16, 1971 FOREWORD The foreword is not a part of the document that follows. It supplies, however, a necessary perspective for inter preting the document. The present emphasis on student rights at Michigan State University must be understood against the social and his torical background of the University itself. When, more than a century ago, the people of Michigan established this institution on the land-grant principle, they framed a new conception of the role of the univer sity in American life. A land-grant university is a trusteeship of intellect in the service of society. It gathers society's creative and criti cal powers and uses them in order to liberate all of so ciety's other powers. That is the special character that has caused the land grant university to become one of the great transforming agencies of the American scene. When it honors its com mission, it acts not for its own sake, not for the sake of the academic community, but for the sake of society be yond the academy. All members of the academic commu nity - enact trustees, administration and faculty alike - a trust of which society beyond the university is the proper beneficiary. The real significance of this document, as we believe, is not that students have acquired rights, but that they have explicitly been made party to our social trust. The respon sibility which lies upon the administration and the faculty continues. They remain guardians of the university, charged with preserving in it the genius of scholarship and the conditions of inquiry which society has entrusted to their care. PREFACE The Faculty Committee on Student Affairs prepared this report after an extensive and intensive review and study of the University's rules and structures relating to aca demic freedom for students. The report recommends guidelines which represent the Committee's attempt to identify rights and duties of students in regard to conduct, academic pursuits, the keeping of records, and publica tions. It proposes structures and procedures for the formu lation of regulations governing student conduct, for the interpretation and amendment of the guidelines, for the adjudication of student disciplinary cases, and for chan neling to the faculty and administration student complaints and concerns in the academic area. The report also con tains recommendations on a number of important related subjects. We wish to caution against one possible kind of misinter pretation of our recommendations. In some respects, what we propose represents major changes in present policies, structures, and procedures. But that is not true of all of our proposals. In some important respects, our recom mendations simply make explicit what has long been un derstood and practiced at Michigan State University. Although the Committee's study centered on academic freedom for students, we have made no attempt to formu late a general and abstract definition of that term, or to explain it in an interpretive essay. Instead we have di rected our energies to the formulation of an operational definition and concrete application of the concept. This report identifies rights and duties of students and provides for them a carefully prescribed system of substantive and procedural due process; and we submit these guidelines, structures, and procedures as a testament of the Com mittee's concept of academic freedom for students. - Faculty Committee on Student Affairs ARTICLE 1 Student Rights and Responsibilities at Michigan State University 1.1 Michigan State University is a community of schol ars whose members include its faculty, students, and ad ministrators. The basic purposes of the University are the enlargement, dissemination and application of knowledge. The most basic necessity for the achievement of these purposes is freedom of expression and communication. Without this freedom, effective sifting and testing of ideas cease and research, teaching, and learning are stifled. Knowledge is as broad and diverse as life itself, and the Reed for freedom is equally broad. Yet absolute freedom in all aspects of life means anarchy, just as absolute order means tyranny. Both anarchy and tyranny are antithetical to the purposes and necessities of the University. There fore, the University always must strive to strike that bal ance between maximum freedom and necessary order which best promotes its basic purposes by providing the environment most conducive to the many faceted activ ities of research, teaching, and learning. 1.2 Each right of an individual places a reciprocal duty upon others: the duty to permit the individual to exercise the right. The student, in his status as a member of the academic community, has both rights and duties. Within that community, the student's most essential right is the right to learn. The University has a duty to provide for the student those privileges, opportunities and protec tions which best promote the learning process in all its aspects. The student, for his part, has duties to other mem bers of the academic community, the most important of which is to refrain from interference with those rights of others which are equally essential to the purposes and processes of the University. 1.3 The University cherishes many values, modes of thought and standards of behavior that are better taught by example, persuasion, social pressure, and rewards than by the threat of penalties. Regulations governing the ac tivities and conduct of student groups and individual stu dents should not be comprehensive codes of desirable con duct; rather, they should be limited to the prescription of procedures for meeting the practical, routine necessities of a complex community and to the prohibition or limita tion of acts which cannot be tolerated because they seri ously interfere with the basic purposes, necessities and processes of the academic community, or with rights es sential to other members of that community. 1.4 The student is not only a member of the academic community; he is also a citizen of the larger society. As a citizen, he retains those rights, protections and guaran tees of fair treatment which are held by all citizens, and the University may not deny them to him. The enforce ment of the student's duties to the larger society is, how ever, the responsibility of the legal and judicial authorities duly established for that purpose. 13 1.5 To protect student rights and to facilitate the defini tion of student responsibilities at Michigan State Univer sity, the following guidelines are established: 1.5.01 All regulations shall seek the best possible recon ciliation of the principles of maximum freedom and neces sary order. 1.5.02 There shall be no regulation unless there is a demonstrable need for it which is reasonably related to the basic purposes and necessities of the University as stipulated herein. 1.5.03 To the maximum extent feasible, students shall participate in formulating and revising regulations govern ing student conduct. 1.5.04 All regulations governing student conduct shall be made public in an appropriate manner. 1.5.05 Every regulation shall be as brief, clear and spe cific as possible. 1.5.06 Wherever rights conflict, regulations shall, to the maximum extent feasible, permit reasonable scope for each conflicting right by defining the circumstances of time, place and means appropriate to its exercise. 1.5.07 Regulations relating to communication of ideas shall encourage the competition of ideas. 1.5.08 Procedures and penalties for the violation of regu lations shall be designed for guidance or correction of be havior rather than for retribution. 1.5.09 Penalties shall be commensurate with the serious ness of the offense. Repeated violations may justify in creasingly severe penalties. 1.5.10 There shall be clearly defined channels and pro cedures for the appeal and review of: a. The finding of guilt in an alleged violation of a regulation. b. The reasonableness, under the circumstances, of the penalty imposed for a specific violation. c. The substance of a regulation or administrative de cision which is alleged to be inconsistent with the guidelines in this document. d. The fairness of the procedures followed in the origi- nal adjudication. 1.5.11 Every regulation shall specify to whom it applies and whether responsibility for compliance lies with indi viduals, with groups, or with both. ARTICLE 2 Academic Rights and Responsibilitise of Students 2.1 Preamble and Guidelines 2.1.1 The freedom and effectiveness of the educational process depend upon the provision of appropriate condi tions and opportunities for learning. The responsibility to secure, respect and protect such opportunities and con ditions is shared by all members of the academic com munity. The primacy of the faculty's role and its unques tionable centrality in the educational process must be recognized. The primary intellectual purpose of the Uni versity - is the its intellectual content and integrity - responsibility of the faculty. 2.1.2 It is the instructor's role to encourage free discus sion, inquiry and expression among his students in their quest for knowledge. He should hold before them the best scholarly standards of his discipline. He should conduct himself in keeping with the dignity of his profession. He should adhere closely to his proper role as intellectual guide and counselor. He should foster honest academic conduct and evaluate his students fairly and accurately. He should respect the confidential nature of the relation ship between instructor and student. He should avoid ex ploitation of students for private advantage and should acknowledge significant assistance from them. He should protect students' rights as defined herein. 2.1.3 The establishment and maintenance of the proper relationship between instructor and student are funda mental to the University's function, and require both in structor and student to recognize the rights and responsi bilities which derive from it. The relationship between in structor and student as individuals should be founded on mutual respect and understanding; it assumes a common dedication to the educational process. If problems arise in this relationship, whether on matters personal or on matters concerning instructional materials and methods, both student and instructor should attempt to resolve them in informal, direct discussions as between well-intentioned, reasonable persons. 2.1.4 To identify and define the academic rights and responsibilities of students at Michigan State University, the following guidelines are established: The Responsibility of the Student 2.1.4.1 The student is responsible for learning the con tent of a course of study according to standards of per formance established by the faculty. 2.1.4.2 The student's behavior in the classroom shall be conducive to the learning process for all concerned. The Academic Rights of the Student 2.1.4.3 The student shall be free to take reasoned ex ception to data and views offered in the classroom, and to reserve judgment about matters of opinion, without fear of penalty. 2.1.4.4 The student has a right to a course grade that represents his instructor's good-faith judgment of the stu dent's performance in the course. (A lack of good faith may be established by proof that a grade was based partly or entirely on considerations irrelevant to the assessment of the student's performance in the course.) 2.1.4.5 The student has a right to protection against im proper disclosure of information concerning his grades, views, beliefs, political associations, health, or character which an instructor acquires in the course of his profes sional relationship with the student. 2.1.4.6 The student has a right to accurate and clearly stated information which enables him to determine: a. The general requirements for establishing and main taining an acceptable academic standing; b. His own academic relationship with the University and any special conditions which apply; c. The graduation requirements for his particular cur riculum and major. 14 2.1.4.7 The student has a right to be governed by edu cationally justifiable academic regulations. 2.1.4.8 Departments and colleges must provide clearly defined channels for the receipt and consideration of stu dent complaints relative to academic rights violations (as hereinabove defined). 2.1.4.8.1 Student complaints relative to violations of aca demic rights must be initiated with the department wher ever that is appropriate or otherwise at the lowest feasible administrative level. If the complaint is not resolved at the depart 2.1.4.8.2 ment level, either party may appeal to the college, and if the matter is not resolved at that level, to the Student Faculty Judiciary. 2.1.4.8.3 All appeals must be filed within ten days fol lowing receipt of a hearing board disposition. Disposi tions are held in abeyance if a matter is in appeal. 2.1.4.9 Faculty shall have final authority and responsi bility for course content, classroom procedure and grad ing. No committee or judicial body established under this document shall have any power to change or to direct a change in any individual grade that represents the instruc tor's good-faith judgment of the student's performance in the course. In the event that a grade is determined to be based on factors other than a student's performance, fol lowing the procedure of 2.1.4.8., the dean of the college shall cause the student's performance to be reassessed and appropriate grade awarded. 2.2 The Professional Rights of the Faculty 2.2.1 The code of equity law prescribes for every wrong a remedy. It has been found (a) that there are in fact, in isolable cases at this University, legitimate complaints of students concerning the quality of instruction, and (b) that in some cases the students are presently without a remedy. 2.2.2 In such cases, in· a well-ordered university, the student has a right to a remedy, and this University un dertakes, within the limits of its resources and the limits imposed by due respect for the professional rights of the faculty, to supply it. 2.2.3 The limits of the University's resources proceed from factors subject to its influence but not always sub ject to its control. Nevertheless, within these limits the University's obligation is on all occasions to supply such remedies as it can. 2.2.4 The professional rights of the faculty are another matter, and no provision for the rights of students can be valid which suspends them or in any measure invades them. The question here is not whether students have the right to competent instruction, but how this right which is admitted is to be reconciled with the rights of the fac ulty which must also be admitted. And we lay down as a fundamental premise, concerning the latter, that the com petency of a professional can be rightly judged only by professionals. 2.2.6 It is, however, acknowledged, and indeed insisted on, that if competence of instruction is not to be judged by students, then it must be judged by the faculty. 2.2. 7 The University distinguishes two rights : a right of the students, and a right of the faculty. The two rights must be reconciled. They can be reconciled only on con dition that we undertake to provide a systematic channel in which students may seek remedies and the faculty stands ready to assist them. 2.2.8 Those departments and colleges that lack appro priate and clearly defined channels for the receipt and consideration of student complaints concerning the qual ity of instruction shall establish them. 2.2.8.1 These departmental and college committees shall be the sole agencies for hearing complaints of this kind. A student may appeal the ruling of a departmental com mittee to the college committee. But there shall be no ap peal beyond the college committee except to the dean of the college, who may ask, upon a showing, that a given case be reconsidered. 2.2.8.2 Student recommendations concerning courses, systems of grading, methods of instruction, programs of study and other student interests in the academic area shall be referred to appropriate departmental and college agencies. 2.3 Policies Determining the Academic Rights and Re sponsibilities of Students 2.3.1 The University Committee on Student Affairs shall be charged with studying problems relating to the aca demic rights and responsibilities of students that are re ferred by the Provost, the Ombudsman, or other members of the academic community. As a result of its delibera tions, this Committee may make recommendations to the Provost and to the Academic Council. ARTICLE 3 Student Records at Michigan State University 3.1 Achieving educational goals, providing direction to students and extending service to society demand that the University keep records. All policies and practices concerning records shall be bas-ed on respect for the pri vacy of the individual student. Because of the professional and legal responsibilities involved, record-keeping must be delegated only to responsible persons. 3.2 To protect the privacy of the student and to facilitate the definition of responsible policies and practices rela tive to student records, the following guidelines are es tablished: 3.2.01 No record shall be made or retained unless there is a demonstrable need for it which is reasonably related to the basic purposes and necessities of the University. 3.2.02 The University shall not make or retain records of a student's religious or political beliefs without his knowledge and consent. 2.2.5 The direct consequence of this premise is that an adversary proceeding between a student and an insh·uctor before any of the ordinary judicial bodies established in this instrument is inappropriate. 3.2.03 A student shall have the right to inspect the of ficial transcript of his own academic record. He shall also have the right to inspect reports and evaluations of his conduct, except letters of recommendation and similar 15 evaluations which are necessarily prepared on a confiden tial basis. 3.2.04 All policies and practices dealing with the acquisi tion of information for records shall be formulated with due regard for the student's right of privacy. 3.2.05 Every record containing information about a stu dent's character shall state when the information was ac quired and the name and position of the person who gave it. 3.2.06 Evaluation of students shall be made only by per sons who are qualified to make that evaluation. 3.2.07 All persons who handle confidential records shall be instructed concerning the confidential nature of such information and concerning their responsibilities regarding it. 3.2.08 No one outside the faculty or administrative staff of Michigan State University may have access to the rec ord of a student's offenses against University regulations without the express permission of the student in writing. 3.2.09 Duplication of records shall be kept at a minimum. 3.2.10 All policies relating to the keeping of records shall be brief, clear and specific. 3.2.11 All policies governing the maintenance and the selective release of records and of portions of records shall be made public in an appropriate manner and shall be subject to judicial review as provided in Article 4. ARTICLE 4 Judicial Process Introduction 4.1 4.1.1 The basic fundamentals of fair play in the adjudi cation of student violations or student complaints are ex pressed by Article VIII of the "Bylaws of the Michigan State University Board of Trustees." This article states in part: It is the policy of the Board that the President shall develop a program, structured along the fundamentals of basic due process, for the hearing and resolving of important, significant, and serious student complaints. 4.1.2 Any student accused of violating a regulation shall have the right to appear before one or more members of a duly constituted judicial body. All such bodies shall ad here to the basic fundamentals of due process as stated below. 4.2 Due Process 4.2.1 The following procedural guidelines are established for the direction of all bodies conducting formal hearings in disciplinary matters: 4.2.1.01 The student shall be notified by an appropriate University official that he is accused of violating a regulation. 4.2.1.02 The student shall be notified that he may elect one of three courses of action. a. The student may admit the alleged violation and re quest, in writing, that the administrative officer take whatever action seems appropriate. Should the stu dent elect this course of action, he shall be notified that he is entitled to appeal the administrator's de cision to the Student-Faculty Judiciary. b. The student may admit the alleged violation, and request a hearing before the appropriate judicial body. c. The student may deny the alleged violation, in which case the administrative officer shall refer him to the appropriate judicial body. 4.2.1.03 At least 72 hours prior to the hearing the student shall be entitled to the following: a. Written notification of the time and place of the hearing. b. A written statement of the charges of sufficient par ticularity to enable the student to prepare his de fense. c. Written notification of the names of the witnesses who are directly responsible for having reported the alleged violation to the University official, or, if there are no such witnesses, written notification of how the alleged violation came to the official's attention. 4.2.1.04 The student shall be entitled to appear in per son and to present his defense to the judicial body, and may call witnesses in his behalf. The student may also elect not to appear before the judicial body. Should he elect not to appear, the hearing shall be held in his ab sence. The failure of a student to appear shall not be taken as indicative of guilt and must be noted without prejudice. 4.2.1.05 The student shall be entitled to be accompanied by counsel of his choice: counsel shall be a member of the faculty, staff or student body of the University. 4.2.1.06 The student or his counsel shall be entitled to ask guestions of the judicial body or of any witnesses. 4.2.1.07 The student shall be entitled to refuse to answer questions. 4.2.1.08 The student shall be entitled to an expeditious hearing of his case. 4.2.1.09 The student shall be entitled to an explanation of the reasons for any decision rendered against him. 4.2.1.10 The student shall be notified of his right to ap peal the decision of the judicial body. Should the student appeal, any action assessed by the judicial body shall be held in suspense until acted upon by a higher body. 4.2.2 The above shall serve as procedural guidelines with respect to the conduct of formal hearings in disciplinary matters" The several duly constituted judicial bodies shall implement these guidelines. Judicial Structure 4.3 The guidelines hereinabove stated shall be implemented by the following judicial bodies: 4.3.1 Living Unit Judiciaries Each fraternity, sorority, cooperative, or residence hall shall establish a judiciary unless it shall, by majority vote, waive this responsibility and assign it to its respective governing group. 16 4.3.1.1 Composition: The members of the judiciary shall be selected by the members of the living unit according to procedures established by the living unit's constitution. 4.3.1.2 Original Jurisdiction: A living unit judiciary shall have original jurisdiction over its members in the follow ing areas: a. House and Hall Rules: Living unit judiciaries shall hear cases of students accused of violating regula tions established by the hall or house. b. Major Governing Group Regulations: Living unit judiciaries shall hear cases of students accused of violating regulations specific to all residences in a major governing group. c. All-University Regulations: A living unit judiciary shall hear cases of students accused of violating All U niversity regulations when such cases are referred to it. Such referral may be made by a higher ju dicial body or by the Office of the Dean of Stu dents. Living unit judiciaries shall also have original jurisdiction over violations of regulations governing women's hours and sign out procedures. 4.3.1.3 Non-Members: The All-University Student Ju diciary shall be the judicial body to hear cases involving students who are accused of violating regulations of a liv ing unit of which they are not members and who request a judicial hearing. 4.3.1.4 Referral of Cases: Cases involving alleged viola tions of regulations under the jurisdiction of a living unit judiciary shall be referred to that judiciary by the admin istrative officer of the unit. A living unit judiciary may waive jurisdiction over any case and refer it to the All University Student Judiciary. 4.3.1.5 Appeals: If a student is heard by a living unit judiciary and is not satisfied with the decision, he may ap peal that decision to the All-University Student Judiciary. The All-University Student Judiciary may, after reviewing the case, decide as follows: a. There are sufficient reasons for another hearing. In this case the All-University Student Judiciary will follow its regular hearing procedures. b. There are not sufficient reasons for another hearing. In this case the decision of the living unit judiciary shall stand, unless the student appeals to the Stu dent-Faculty Judiciary. 4.3.1.6 Decisions: After hearing a case, a living unit ju diciary may decide as follows: a. Not Guilty: No violation of a regulation has been proved. b. Guilty: A violation of a regulation has been proved. In this case, the living unit judiciary may select from the following penalties: (1) Warning: An official written reprimand. (2) Living unit probation: This probation shall re quire the student to be in a specified place be tween specified hours for a specified length of time; such specifications to be designated by the living unit judiciary. In no case shall the proba tion exceed ten days. 4.3.2 Governing Group Judiciaries The following major governing groups shall have judicial responsibility in cases involving both individual .and group violations: a. Residence Halls Association (RHA) b. Interfraternity Council (IFC) c. Panhellenic Council (PanHel) d. Intercooperative Council (ICC) Individuals: Living unit judiciaries shall have the 4.3.2.1 responsibility of adjudicating individual student violations unless those units, by a majority vote, waive this responsi bility and refer such cases to the major governing group judiciary, which, except as otherwise provided below in 4.3.2.4 for the Residene Halls Association Judiciary, shall then follow the procedures and policies outlined for liv ing unit judiciaries. 4.3.2.2 Groups: Each major governing group shall be responsible for the adjudication of cases involving viola tions of a regulation by any student organization under its jurisdiction. 4.3.2.3 Procedures for the adjudicatibrl of such cases shall be determined by each major governing group and shall be consistent with the guidelines governing due proc ess. All appeals from this body shall be directed to the All-University Student Judiciary. 4.3.2.4 Decisions: After hearing a case, the Residence Halls Association Judiciary may decide as follows: a. Not Guilty: No violation of a regulation has been proved. b. Guilty: A violation of a regulation has been proved. In this case, the Judiciary may select from the fol lowing penalties: (1) Warning: An official written reprimand. (2) Warning Probation: A probation indicating that further violations may result in more severe dis ciplinary action. This probation shall be imposed for a specific period of time and the student shall be automatically removed from probation when the imposed period expires. (3) Disciplinary Probation: A probation indicating that further violations may result in suspension. In addition, the Judiciary may do any or all of the following: (a) withdraw the privilege of op erating an automobile on campus; (b) withdraw the privilege of representing a living unit in residence hall or inter-residence hall events; (c) subject to approval of the Vice President for Student Affairs and Services, require that the student be assigned to a new room within the residence hall system, or be moved out of the residence hall system altogether. This probation shall be imposed for a specific period of time, and the student shall automatically be removed from probation when the imposed time limit expires. (4) Other Actions: In cases involving violations of a regulation by student organizations under the Judiciary's jurisdiction, the Judiciary may take any of the following actions : (a) an official writ ten reprimand; (b) restriction on use of residence hall facilities for a definite period of time; (c) denial of specified privileges for a definite pe riod of time; (d) other reasonable action subject to approval of the Vice President for Student Affairs and Services. 17 4.3.3 All-University Student Judiciary The Constitution of the Associated Students of Michigan State University establishes an All-University Student Ju diciary. The Judiciary is advised by an administrative of ficer appointed by the Vice President for Student Affairs and Services. 4.3.3.1 Composition: The membership of the All-Univer sity Student Judiciary shall be determined according to procedures established by the Constitution of the Associ ated Students of Michigan State University. 4.3.3.2 ary shall have jurisdiction in the following areas: Jurisdiction: The All-University Student Judici a. Original Jurisdiction: The Judiciary shall have orig inal jurisdiction over: (1) Alleged violations of regulations under the juris diction of living unit judiciaries or governing group judiciaries if the student violating the regulation is not a member of the living unit or group in which the violation allegedly occurred. (2) Alleged violations of other regulations when such cases shall be referred to it by the Office of the Vice President for Student Affairs and Services, a living unit judiciary, a governing group judiciary, or the Student-Faculty Judiciary. (3) Alleged violations of regulations specific to an organization registered with the Associated Stu dents of Michigan State University (ASMSU). ( 4) Alleged violations of the Constitution of ASMSU or an action of the Student Board of ASMSU. (5) The constitutionality of decisions of the Student Board of ASMSU. (6) The constitutionality of any action taken by the chief executive of the all-University cabinet of ASMSU. (7) The constitutional conflicts between any campus organizations, or between major governing groups, or between campus organizations and governing groups. (8) The constitutionality of any act taken by a stu dent organization or governing group. b. Appeals from Lower Judiciaries: The All-University Student Judiciary shall consider appeals from living unit judiciaries or governing group judiciaries. The student may submit an appeal, which must be in writing, to the Chief Justice of the Judiciary, indi cating the reasons for appealing the decision. The Judiciary may then request all evidence upon which the previous decision was made. On the basis of this evidence and the student's written statement the Judiciary shall decide whether there are, or are not, sufficient reasons for another hearing. If the Judi ciary decides to hear the case it shall follow its regu lar procedures. If the Judiciary decides not to hear the case, the decision of the living unit judiciary or governing group judiciary shall stand unless ap pealed to the Student-Faculty Judiciary. c. Referrals: The All-University Student Judiciary may waive jurisdiction and send a case to a higher judi cial body or refuse to hear a case and refer it to a lower judicial body. 4.3.3.3 Appeals to the Student-Faculty Judiciary: If a student is heard by the All-University Student Judiciary and is not satisfied with the decision, he may appeal the decision to the Student-Faculty Judiciary. The Student Faculty Judiciary may, after reviewing the case, decide as follows: a. There are sufficient reasons for another hearing. In this case the Student-Faculty Judiciary shall follow its regular procedures, and may affirm, reverse, or modify the finding and penalty. b. There are not sufficient reasons for another hearing. In this case the decision of the All-University Stu dent Judiciary shall stand unless appealed to the Vice President for Student Affairs and Services. 4.3.3.4 Decisions: After hearing a case the All-Univer sity Student Judiciary may decide as follows: a. Not Guilty: No violation of a regulation has been proved. b. Guilty: A violation of a regulation has been proved. In this case, the Judiciary may select from the fol lowing penalties: (1) Warning: An official written reprimand. (2) Warning probation: A probation indicating that further violations of regulations shall result in more severe disciplinary action. This probation shall be imposed for a specific period of time and the student shall be automatically removed from probation when the imposed period expires. (3) Disciplinary probation: A probation indicating that further violations may result in suspension. In addition, the Judiciary may notify the stu dent's parents of his probationary status, and may withdraw any or all of the following priv ileges: (a) the operation of an automobile on campus; (b) the holding of an office in a campus organization; (c) the representation of the Uni versity in any inter-University events. This pro bation shall be imposed for a specific period of time, and the student shall automatically be re moved from probation when the imposed time limit expires. (4) Suspension: The student shall, subject to ap proval of the Vice President for Student Affairs and Services, be suspended from the University for a definite or indefinite period of time. 4.3.4 Student-Faculty Judiciary A Student-Faculty Judiciary shall be established. 4.3.4.1 Composition: The Judiciary shall be made up as follows: a. Four students appointed by the Student Board, ASMSU, from nominees submitted by the All-Uni versity Student Judiciary. Two juniors shall be ap pointed each year and shall serve for a two-year period. b. Seven members of the faculty selected according to the pattern employed for establishing the member ship of faculty-student standing committees. Faculty shall serve for a period of three years. c. The Vice President for Student Affairs and Services shall appoint one member who shall serve ex officio with no vote. This person shall serve as secretary to the Judiciary. 18 d. At the first meeting of the academic year, the voting members of the Student-Faculty Judiciary shall se lect from among their number a Chairman who shall serve for one year. 4.3.4.2 have jurisdiction in the following areas: Jurisdiction: The Student-Faculty Judiciary shall a. Original Jurisdiction: The Judiciary shall have orig inal jurisdiction over: (1) Cases involving alleged violations of regulations which are referred to the Judiciary by the Office of the Vice President for Student Affairs and Services. (2) Cases involving the recommendation of an in structor and a dean for action other than, or in addition to, a failing grade in a course given on the basis of a charge of academic dishonesty. (3) Cases involving request for readmission from suspension for non-academic reasons after a stu dent has been suspended or denied readmission by an administrative officer. (4) Cases arising under Article 6. b. Appeals: The Judiciary shall consider appeals from students or student groups who object to the ruling of a lower judicial body, or who have asked to ap pear before such a body and have been denied a hearing; or from students or student groups who are appealing administrative decisions of a disciplinary nature. (1) In the case of an individual, the student may submit an appeal, which must be in writing, to the Chairman of the Judiciary, indicating the reasons for his appeal. The Chairman shall then request all evidence upon which the previous decision was made. The Judiciary shall review the evidence together with the student's written statement, and shall decide whether there are, or are not, sufficient reasons for another hearing. The Judiciary may direct a lower body to hear or rehear the case. If the Judiciary decides to hear the case, it shall follow its regular procedures. If the Judiciary decides not to hear the case the decision of the lower body is final unless ap pealed to the Vice President for Student Affairs and Services, who may affirm, reverse, or ask the Judiciary to reconsider the decision. (2) In the case of an appeal from a student group, the same procedure is followed, except that a designated representative of the group shall file the appeal. (3) In cases involving a student protest of a failing grade given on the basis of a charge of academic dishonesty, the student may appeal to the Ju diciary a judgment made by a department or a college. (4) In cases resulting from an allegation of a viola tion of student rights as defined in Article 2 (2.1 - 2.1.4.9), a student may appeal to the Ju diciary a judgment made through the procedures established by the departments and colleges. 4.3.4.3 Appeals: All decisions of the Judiciary with re spect to individual and group actions are final unless ap pealed to the Vice President for Student Affairs and Serv- ices, who may affirm, reverse, or ask the Judidary to re consider a decision. 4.3.4.4 Decisions: After hearing a case the Judiciary may decide as follows: a. Not Guilty: No violation of a regulation has been proved. b. Guilty: A violation of a regulation has been proved. In this case, the Judiciary may select from the fol lowing penalties: (1) Warning: An official written reprimand. (2) Warning probation: A \'robation indicating that further violations of regulations shall result in more severe disciplinary action. This probation shall be imposed for a specified period and the student shall be automatically removed from pro bation when the imposed period expires. (3) Disciplinary probation: A probation indicating that further violations may result in suspension. In addition, the Judiciary may notify the stu dent's parents of his probationary status, and may withdraw any or all of the following priv ileges: (a) the operation of an automobile on campus; (b) the holding of an office in a campus organization; (c) the representation of the Uni versity in any inter-University events. (4) Suspension: The Judiciary, subject to the ap proval of the Vice President for Student Affairs and Services, may suspend a student for a defi nite or indefinite period of time. (5) Other: The Judiciary may take other action that may seem appropriate for any given case. 4.3.4.5 The Student-Faculty Judiciary shall review the substance of a regulation or an administrative decision which is alleged to be inconsistent with the guidelines established in Article 1 ("Student Rights and Responsibil ities"), Article 2 ("Academic Rights and Responsibilities of Students"), Article 3 ("Student Records"), and Article 6 ("Student and University Publications"). The procedure for such review shall be as follows: a. The student or student group making the allegation shall submit td the Office of the Vice President for Student Affairs and Services, a written statement of the reason for the appeal. b. The Office of the Vice President for Student Affairs and Services shall promptly send a copy of the letter to the Chairman of the Student-Faculty Judiciary. c. The Judiciary shall determine whether or not it will accept the appeal. If the appeal is rejected, the ap pealing party shall be notified. If the appeal is ac cepted, the Judiciary must immediately notify the appealing party and the administrative officer or group responsible for the challenged regulation or administrative decision. The Judiciary must also provide to the administrative officer or the group responsible for the challenged regulation or admin istrative decision a copy of the written statement of the reason for the appeal. The Judiciary shall there upon conduct a hearing on the matter. The Chair man of the Judiciary shall send to the Office of the Vice President for Student Affairs and Services, a written statement of the decision and the reasons for it. 19 d. The Office of the Vice President for Student Affairs and Services shall promptly send to the originator of the appeal a duplicate copy of the Judiciary's state ment. If the decision of the Judiciary is that a regu lation or an administrative decision is inconsistent with the guidelines of Article 1, Article 2, Article 3, or Article 6, the Office of the Vice President for Student Affairs and Services shall promptly make the decision public in an appropriate manner and shall notify the body responsible for the regulation or administrative decision. e. The Office of the Vice President for Student Affairs and Services shall keep a file of all decisions for fu ture reference. 4.3.4.6 The procedural rules of the Student-Faculty Ju diciary shall include provisions for expedited considera tion of urgent cases which it is alleged that a regulation or administrative decision threatens immediate and irre parable infringement on student rights as defined by Ar ticles 1, 2, 3 and 6 in this document. If a majority of the Student-Faculty Judiciary, or a majority of a panel ap pointed by the Chairman for this purpose, should decide that a request for expedited handling of a case should be granted, the Chairman shall have the discretionary author ity to request the individual or the group responsible for enforcing the challenged regulation or administrative de cision to postpone action or to withdraw action already taken; provided, that the Chairman may make such a re quest only if, in his best judgment, such a postponement of action or withdrawal of action will not, under the cir cumstances, preclude, predetermine or render irrelevant the ultimate decision of the Student-Faculty Judiciary on the merits of the case. It shall be the duty of the Student Faculty Judiciary to make every reasonable effort to meet whatever exigencies of time exist in those cases which it accepts for expedited handling. If necessary, the Student Faculty Judiciary may announce its decision in such a case without a written statement of its reasons (as provided in 4.3.4.5c above), provided that such a statement of rea sons shall be filed as soon as reasonably possible after the announcement of the decision. ARTICLE 5 Regulations Governing Student Conduct 5.1 Regulations governing student conduct shall be con sidered in two categories: MSU General Student Regula tions and MSU Student Group Regulations. student governing bodies shall be forwarded to the U niver sity Committee on Student Affairs which shall review the proposals. If the University Committee on Student Affairs rejects the proposals, it shall forward an explanation to the originating body. If the University Committee on Student Affairs approves the proposals or approves proposals of its own initiation, it shall forward the proposals to the Academic Council. The Academic Council, after reviewing the proposals, shall accept or refer the matter back to the University Committee on Student Affairs, together with any suggestions for change. After review by the University Committee on Student Affairs, the matter shall be returned to the Academic Council, who shall accept or reject the proposals. Proposals approved by the Academic Council shall be forwarded, through the Office of the President, to the Board of Trustees, and shall become operative upon Board approval. 5.3 MSU Student Group Regulations 5.3.1 MSU Student Group Regulations shall be those regulations within the University established to govern student conduct within student groups, specifically, living unit student groups and registered student organizations. Such regulations shall apply only to those groups specified within the regulations. 5.3.2 The procedure for initiation of and amendment to MSU Student Group Regulations shall be as follows: reg istered student organizations, living unit governing bodies, major governing groups and the Student Board of Associ ated Students of Michigan State University (ASMSU) may initiate and propose amendments to MSU Student Group Regulations. All such proposals shall be referred to the living units, where applicable, for their consideration. The living unit governing bodies shall forward the proposals together with any recommendations for change, to the ma jor governing groups. The major governing groups shall review the proposals, and forward them, together with any recommendations for change, to the Student Board of ASMSU. The Student Board of ASMSU shall review the proposals and forward them, together with their recom mendations, to the Vice President for Student Affairs and Services who may accept or reject the proposals. If the Vice President for Student Affairs and Services rejects the proposals, he shall send an explanation to the Student Board of ASMSU. If the Vice President for Student Affairs and Services approves the proposals, they shall become operative upon his approval. ARTICLE 6 5.2 MSU General Student Regulations Student and University Publications 5.2.1 MSU General Student Regulations shall be those regulations established within the University community in order to secure the safety of members of the University community and University facilities, maintain order, and ensure the successful operation of the University. Such regulations shall apply to all registered students, regardless of living unit or student group affiliation, and shall be ad judicated through the University judicial system. 5.2.2 The procedure for initiation of and amendment to MSU General Student Regulations shall be as follows: any student governing body, or the University Committee on Student Affairs may initiate and propose amendments to MSU General Student Regulations. Proposals approved by 6.1 Student publications are publications in which Mich igan State University students have been involved, at least in part, in writing and publishing and distributing, namely, a. Publications of student living units and governing groups; b. Publications of MSU registered student organizations and MSU student groups. 6.2 Students and student groups shall have maximum freedom to express opinions and communicate ideas by writing, publishing, and distributing student publications. 6.3 The following guidelines govern student and Univer sity publications are established: 20 ..... 6.3.l The University shall not sponsor any student pub lication. 6.3.2 Administrative units of the University or of its col leges, institutes, or departments, may authorize funds for and assume sponsorship of publications germane to that administrative unit. Such publications, such as the W ol verine, are designated as University publications. Full freedom of content and editorial policy is guaranteed to all such publications subject only to the advice and coun sel of the administrator or administrative unit responsible. Such a policy shall be assured regardless of whether stu dents are involved in publication. 6.3.3 The University shall neither authorize nor prohibit the solicitation of advertising by any student or 'University publication. 6.3.4 Responsibility for all content, finance, distribution, and staffing shall lie with the sponsoring agency, group, or organization. 6.3.5 Every student and University publication shall identify the sponsoring agency, group, or organization. 6.3.6 Distribution of student and University publications: 6.3.6.1 The following guidelines shall apply to all publi cations, whether distributed free or for sale. 6.3.6.2 Regulations governing distribution of publications shall apply equally to all publications. 6.3.6.3 No door-to-door solicitations for sale shall be per mitted in organized living units on the campus without permission from the proper governing authority of the liv ing unit. Permission must be granted in accordance with provision 6.3.6.2 above. In accordance with provision 6.3.6.2 above, each 6.3.6.4 on campus living unit shall decide what policies shall be formulated for distribution of publications within that liv ing unit. 6.3.6.5 For buildings other than organized living units, the Secretary of the University and the Student Board of ASMSU, after consultation with the administrative, fac ulty, and student occupants of the building, shall deter mine, in accordance with provision 6.3.6.2 above, the designated places of distribution of publications. 6.3.6.6 Distribution in living units, classroom and office buildings shall be limited to those places established in 6.3.6.3, 6.3.6.4, and 6.3.6.5 above. Hand-to-hand distribu tion shall be permitted in all campus buildings, subject only to such limitations as are necessary to prevent inter ference with scheduled University activities. 6.3.6.7 Distribution shall be permitted outside campus buildings, subject only to such limitations as are necessary to prevent interference with the use of streets, sidewalks, and building entrances. 6.3.6.8 The Offices of the Secretary of the University and ASMSU shall keep available for inspection an up-to date list of places of distribution within campus buildings. regulations necessary 6.3.7 Any these guidelines shall be developed according to the procedures described in Article 5. implement to ARTICLE 7 Procedure for Amending and Revising This Document 7.1 This document may be amended and revised only according to the following procedure: 7.1.1 Any member of the University community, or any constituent body thereof, may propose amendments and revisions and forward them jointly to the Student Board of ASMSU and the University Committee on Student Affairs. · 7.1.2 The Student Board of ASMSU and the University Committee on Student Affairs shall review all proposed amendments and revisions forwarded to them, and may approve, reject, or amend. If these bodies disagree, they shall convene a joint conference committee, which shall review the disagreement, and make recommendations to the parent bodies. If these bodies cannot then reach agree. ment, or if both bodies reject a proposed amendment or revision, they shall return the proposal to the originator with an explanation. Proposed amendments and revisions approved or amended jointly by the Student Board of ASMSU and the University Committee on Student Af fairs shall be presented to the Academic Council, by the Chairman of the University Committee on Student Affairs. 7.1.3 The Academic Council shall review all proposed amendments and revisions presented to it, and may ap prove the proposal and forward it to the Board of Trustees via the President; reject the proposal and return it to the Student Board of ASMSU and the University Committee on Student Affairs with an explanation; or amend the pro posal and return it to the Student Board of ASMSU and the University Committee on Student Affairs with recom mendation for approval as amended by the Council. In this latter case, the procedure outlined in 7.1.2 shall be repeated. 7.1.4 The Board of Trustees shall review all proposed amendments and revisions forwarded to it, and may ap prove the proposal, at which time it shall become opera tive, or reject the proposal, and return it to the Academic Council with an explanation. 7.1.5 the University community shall be promptly, in formed bf all action taken on proposed amendments and revisions. ARTICLE 8 General Recommendations 8.1 Orientation of New Students Regarding Their Rights and Responsibilities Applicants accepted for admission, whether prospective freshmen or transfer students or graduate students, shall be given an appropriate orientation statement regarding the rights and responsibilities of students at Michigan State University. 8.2 Handbook of Regulations and Structures A handbook of the University's current regulations and structures relating to student rights and responsibilities shall be made available to every member of the academic community. 21 8.3 The Office of the Ombudsman The President shall appoint from the senior faculty a high prestige official with the title of Ombudsman. The sensi tive and confidential nature of the Ombudsman's work dictates that he conduct his operations with dignity and integrity. He shall respect the privacy of all persons who solicit his assistance and protect them against retirbution. His functions shall include the following charges: 8.3.1 He shall establish simple, orderly procedures for receiving requests, complaints and grievances of students. 8.3.2 He shall assist students in accomplishing the expe ditious settlement of their problems. He may advise a student that the student's request, complaint or grievance lacks merit, or that the student should seek his remedy before another duly constituted body or officer of the Uni- versity; or the Ombudsman (if he deems it appropriate) may assist the student in obtaining an informal settlement of the student's problem. 8.3.3 In the performance of his duties the Ombudsman shall have broad investigatory powers and direct and ready access to all University officials from the President down. 8.3.4 When the Ombudsman deems it necessary he shall report directly to the President valid complaints for which no remedy has been found. He shall also report any rec ommendations he wishes to make regarding such com plaints. 8.3.5 He shall make periodic reports to the President re garding the operation of the Ombudsman's office. 22 Graduate Rights and Responsibilities ARTICLE l: Introduction ARTICLE 2: Academic Rights and Responsibilities ARTICLE 3: University Employed Graduate Students and Graduate Assistants ARTICLE 4: Judicial Structure ARTICLE 5: Academic Governance ARTICLE 6: Procedure for Amending and Revising This Document ARTICLE 7: Approval and Implementation of the Report 23 HISTORY OF APPROVAL Academic Council ................................... ... . May 19, 1971 Board of Trustees ..................................... ... ...... June, 1971 PREFACE This document, Graduate Student Rights and Responsi bilities at Michigan State University, is the product of a joint student-faculty committee authorized by the Graduate Council in the late spring of 1969. 1 The charge to the Committee, simply stated, was to draw up a comprehen sive set of guidelines and procedures to govern the many intricate and complex relationships which exist between graduate students on the one hand and the administration, the various academic units, and individual faculty mem bers on the other. What follows can best be described as twenty-one a collaborative effort: months of discussions, interviews, questionnaires, and open hearings which involved, in one way or another, virtually every segment of the University community. The Commit tee takes this opportunity to thank publicly all those who gave so freely of their time, energy, and expertise at every stage of its deliberations. the result of some Committee on Graduate Rights and Responsibilities diversity of the University, and without threatening or stifling the integrity or identity of individual graduate de partments, it attempts to achieve three things: (1) to define and speak to the multiple roles, relationships, and expecta tions which currently exist between the graduate student and the various units of the University with which he/ she comes into daily contact- roles, relationships, and expec tations which are, for the most part, unique to the gradu ate student; (2) to identify and codify the fundamental principles of equity that should govern and inform these relationships; and (3) to establish a tri-level judicial struc ture (at the departmental, college, and all-university levels) where substantive complaints and grievances can be re solved and where infractions can be adjudicated. The document calls not so much for change as it does for codification~ for the systematic setting down in writing of existing practices and procedures that affect the daily life of the graduate student. If followed in spirit and in letter, the document will help unify and lend credibility to graduate education on this campus by establishing and publishing the principles that give form and substance to our individual programs. It will also promote throughout the University community that sense of cohesiveness, con tinuity, and equity that is crucial to the success and ex cellence of graduate education. ARTICLE 1 Introduction Growth, such as we have experienced at Michigan State University in the past decade, is inevitably a threat t o in stitutional continuity. Lines of communication and organ ization become blurred or obscured, precedent becomes hard to remember, and the reciprocal rights and responsi bilities of students - are no longer clear and stand in need of redefinition. Such a phenomenon is, of course, not unique to Michigan State University. It occurs, and has occurred, whenever a rela tively small and centralized institution rapidly evolves into a complex, decentralized university. once taken so much for granted - Michigan State University has met the challenge well. Academic Freedom for Students at Michigan State Uni versity of 1967 made the undergraduate student a party to the social trust guaranteed by the administration and the faculty, clearly identified the "rights and duties of stu dents in regard to conduct, academic pursuits, the keeping of records, and publications," and established structures and procedures for formulating regulations and adjudicat ing infractions and complaints. The fact remains, however, that Academic Freedom for Students at Michigan State University, perhaps correctly, failed to bring the graduate student explicitly under its jurisdiction, and at a time when graduate students are playing, and are being asked to play, an increasingly vital role in the on-going academic life of the University. This document, Graduate Rights and Responsibilities at Michigan State University, is a deliberate effort to al leviate this deficiency. It is not, however, conceived of as simply an extension of Academic Freedom for Students at Michigan State University. By providing a common set of written procedures and guidelines that cut across the 1 This document pertains to all post-baccalaureate students at MSU, except 'those enrolled as professional students and those enrolled as non-degree graduate students. ARTICLE 2 Academic Rights and Responsibilities 2.1 Grading and Evaluation 2.1.1 Grading. Course grades shall represent the in structor's professional and objective evaluation of student academic performance. The student shall have the right to know all course requirements, including grading cri teria and procedures, at the beginning of the course. 2.1.2 Evaluation. Graduate students require and deserve periodic evaluation as a measure of both their academic progress and their professional potential. Methods of eval uation and their rationale shall be published and made known to students and faculty alike. This departmental evaluation, to be placed in the student's personal file, · shall be made available to the student upon request and is to be communicated to the student at least once a year through the normal advisement function. As soon as a de termination has been made that a student's performance and/ or progress does not meet departmental standards, he/she shall be notified by the departmental chairman or designated representative. In the case where such de ficiencies endanger the student's status in the program, the student shall be so informed. 2.2 Instruction. Within the constraints imposed by the discipline, class size, and specific subject matter, instruc tion shall encourage free and open communication, and shall attempt to fulfill the needs and aspirations of individ ual students. Students and faculty have a responsibility to maintain at all times the kind of classroom decorum and atmosphere which insures the process of learning can take place. 2.3 Advisement. Each graduate student, regardless of his/ her degree program, has the right to the best advice and counsel the department can provide in such areas as research expectations, selection of program planning, 24 courses and professors, and general degree requirements. Moreover, each department has the specific obligation to make known its degree requirements to each student at the time of first admission to graduate study, and has the responsibility to so structure its curriculum that these re quirements can be met. Departments shall maintain rec ords for all students, specifying and/ or containing degree requirements to be met, course waivers and substitutions, program changes, and other stipulations directly affecting their degree programs. Advisees shall be provided with a copy of these records. 2.4 Academic Program 2.4.1 Guidance Committee. It shall be the responsibility of the student, in consultation with the department chair man or designated representative, to form a guidance com mittee within his/ her first three terms of doctoral study, or within three terms beyond the masters degree or its equivalent. It shall consist of at least four members of the faculty (a chairman and three others) to oversee and direct the program. A guidance committee report, listing all degree requirements, shall be filed with the dean of the college(s) and a copy be provided the student. This guidance committee report, as changed or amended in full consultation between the student and the committee, shall be regarded as the statement of program require ments. The program will not be considered as binding unless signed by the student. 2.4.1.1 Once designated, the guidance committee has the responsibility to meet periodically to oversee the stu dent's progress as long as he/she continues in good stand ing. Changes in the membership of the guidance commit tee may be initiated by the student in concurrence with the departmental chairman or designated representative. Under certain circumstances a dissertation committee may be formed to supersede or supplement the guidance com mittee. Chairmen on temporary leave shall provide for the necessary guidance of their advisees during their absence. The department shall provide an acceptable substitute, with the approval of the student, should a chairman or a committee member require or desire substitution. 2.4.2 Residency. Residency requirements shall be made known to the student at the time of admission. 2.4.3 Time Limits. The time limitations for candidates seeking advanced degrees shall be made known to the student at the time of first enrollment. Application for ex tension shall be submitted by the department for the ap proval of the dean of the college and the dean of the Graduate School. 2.4.4 Program Changes. Necessary changes in individ ual doctoral programs shall be made by the guidance com mittee with the concurrence of the student as stipulated in 2.4. l above. Such changes may be initiated by either the guidance committee or the student. Program changes for masters candidates shall be made by the advisor with the concurrence of the student. and form of the dissertation or thesis in accordance with an agreed-upon manual, handbook, or style sheet and in accordance with university guides to the preparation of dissertations and theses. 2.4.5.1 Standards for typing, duplication or reproduction and binding of dissertations and theses, as well as the stipulations covering abstracts, number of copies, dates and deadlines for acceptance, and regulations for micro filming and publication shall be established and published by the Graduate Office. 2.4.6 Code of Professional Standards. Each department shall communicate to its graduate students, at the time of their first admission to a degree program, any codes of professional and academic standards covering the conduct expected of them. 2.4.7 Terminations and Withdrawals. Each department shall establish criteria for the termination or withdrawal of students enrolled in its graduate programs. Such criteria shall be published and made available to students at the time they first begin their graduate programs. Should a decision to terminate a student be made, all information regarding the decision is to be held strictly confidential between the student and concerned faculty and be re leased only with the consent of the student involved, un less the decision becomes the substance for a grievance procedure, in which case such information shall be re leased to the grievance committee. The same privacy is to be accorded the reasons for a student's temporary or permanent withdrawal from the University. 2.5 Instructor Evaluation 2.5.1 Evaluation of the Faculty. To aid the faculty in its responsibility for the quality of graduate education, stu dent confidential instructional rating reports shall be used in each graduate course in accordance with the stated policy of the Academic Council. In addition, individual departments are encouraged to devise supplementary means of evaluation tailored to their disciplines and modes of instruction. Such reports shall be considered carefully when graduate course assignments are made. 2.5.2 Evaluation of Graduate Teaching Assistants . Grad uate teaching assistants are expected to fulfill effectively their assigned responsibilities. To increase the effective ness of graduate assistant instruction, the assistant, where applicable, shall use the student confidential instructional rating reports in each course he/she teaches. These re ports shall be submitted to the department in accordanc.e with the stated policy of the Academic Council. 2.5.2.1 The coordinator of each course staffed by grad uate teaching assistants shall submit each term to the de partment chairman, or to the appropriate departmental committee, a formal written evaluation of each of his/ her assistants. At the request of the teaching assistant, appro priate members of the department will visit and observe the teaching assistant in the instructional setting, and these visits and observations will be used in the evalua tion. 2.4.5 Dissertation and Thesis. The nature and scope of the doctoral dissertation and masters thesis (or its equiv alent) shall be defined by the department and guidance or dissertation committee according to the professional and scholarly research standards of the discipline. The department shall specify in advance the acceptable style 2.5.2.2 The student instructional rating reports, formal written evaluatiqns, and any supplementary information shall be placed on confidential file for use by the student and faculty members in accordance with 2.5.2.3. This ma terial shall remain on active file until the student's assist antship is terminated, after which the file becomes his/ her 25 personal property. The student may choose to allow the file to remain available to the department for future ref erence, evaluations and recommendations. 2.5.2.3 This evaluation material may be used in deter mining such matters as renewal of assistantships, teaching assignments, recommendations, and the need for further training. 2.5.2.4 A cumulative evaluation of his/her teaching shall be given to the assistant at least once each year. 2.5.3 Educational Training of Graduate Teaching As sistants. Departments are responsible for establishing orientation and in-service training programs for all new teaching assistants. Such programs shall include periodic prearranged classroom visitation by supervising faculty, and an introduction to course goals, grading criteria and practice, and classroom procedures. The teaching assistant is held responsible for full and active participation in all such programs. In all areas of graduate education 2.6 Discrimination. pertaining to academic rights and responsibilities, there shall be no discrimination on the basis of age, race, color, creed, ethnic origin, or sex. 2.7 The rights and responsibilities of graduate students as itemized in this document do not nullify the rights and responsibilites of students in general under Academic Free dom for Students at Michigan State University. ARTICLE 3 University Employed Graduate Students and Graduate Assistants 3.1 Definitions 3.1.1 University graduate students fall primarily into two classes: (1) graduate assistants (2) University employees. 3.2 Graduate Assistants 3.2.1 A graduate assistant shall be defined as a graduate student who is currently enrolled, has received a bachelors or equivalent degree, and whose appointment is tied to the academic calendar. 3.2.1.1 Graduate assistants shall include those graduate students performing such responsibilities as (but not lim ited to) classroom instruction, student advising, writing supervision, reading of papers and examinations, and research. 3.2.2 With the participation of graduate student repre sentatives, each unit appointing graduate assistants shall develop and publish current policj~s covering, but not limited to, the following: (1) criteria for the selection of new graduate assistants (2) stipends (3) stipend advancement and promotion (4) tax status of stipends (5) procedures for evaluating performance (6) length of term of appointment, including continu ance and renewal of graduate assistantships (7) work load and duties (8) grievance procedures 3.2.3 By March 31st of each calendar year, units shall advise each graduate assistant in writing of one (or more) of the following : (a) that his/ her assistantship will be re newed for the following academic year; (b) that the assist antship will be renewed provided the assistant is able to meet certain (specified) conditions; (c) that the assistant ship will be renewed provided the unit is able to meet certain (specified) conditions; (d) that the assistantship will not be renewed for the following academic year. If the assistantship is not renewed, the reasons shall be in dicated. 3.2.4 The Office of the Provost shall establish a campus wide policy for graduate assistant stipends, taking into account (1) the amount of stipend adequate in relation to the current cost of living, and (2) the need to be com petitive with other universities. Such a policy shall b e re viewed for the purpose of endorsement by the Graduate Council at least once a year. 3.2.5 Graduate assistants are entitled to all benefits nor mally accorded to full-time graduate students. 3.2.6 All graduate assistants are entitled to such clerical secretarial help and supplies as are commensurate with their assigned responsibilities and the resources of the department. 3.2.7 The Office of the Provost and the Vice-President for Business Affairs, in consultation with appropriate rep resentatives from the Council of Graduate Students, and other appropriate, duly authorized authorities, shall re view and publish policies for graduate assistants relating to (1) sick leave, (2) parking privileges, (3) bus privileges, (4) travel off-campus, (5) insurance, and (6) health care. Such policies shall be reviewed for the purpose of en dorsement by the Graduate Council at least once a year. 3.2.8 Within the constraints of their training, experience and responsibilities, graduate assistants have a right to the same professional respect as that accorded to regular faculty. 3.3 University-Employed Graduate Students 3.3.1 The following articles are intended to cover all graduate students employed by the University not formally designated as graduate assistants. 3.3.2 The Personnel Office of the University shall pub lish annually minimum and maximum salaries and hourly wages for University-employed graduate students. The Personnel Office of the University shall have the author ity to approve departmental requests for all payments above the established maximums. 3.3.3 The University shall not deny an employee's fringe benefits solely because he/ she is also registered as a student. 2 3.3.4 Working hours shall not be adjusted in such a way as to deprive student employees of fringe benefits they would otherwise be entitled to without the consent of the student(s) involved. 3.4 Fellowships, Scholarships and Grants 3.4.1 A graduate student supported by a fellowship, scholarship, or grant shall have a right to such informa- 2 As of November 1973, most fringe benefits were not extended to part~time employees. Inquiries should be addressed to the Staff Benefits Division, Nisbet Building. 26 tion as (1) the responsibilities and performance required for retention of support, (2) the privileges and status as sociated with support, and (3) grievance procedures. 3.5 All University-Employed Graduate Students and Graduate Assistants 3.5.1 Michigan State University and all of its depart ments and units are Equal Opportunity Employers. There fore, (1) discrimination on the basis of age, race, creed, ethnic origin or sex is expressly prohibited; (2) employ ment appointment policies shall be consistent with anti discrimination polices of Mchigan State University. 3.5.2 Graduate students shall be informed of all employ ment polcies when a position is tendered. 3.5.3 The University retains the right to demote, sus pend, terminate or otherwise discipline graduate student employees and graduate assistants. The University also retains the right to terminate a graduate student's partici pation in an academic program, which in turn may termi nate his/ her assistantship. Students who believe they have a grievance under this article may utilize the judicial pro cedures outlined in Article 4. 3.5.3.l In cases where the student contends that the ac tion of the University may cause him/ her irreparable harm, he/ she may appeal to the appropriate judiciary under 4.3.8.1 for an expedited hearing. ARTICLE 4 Judicial Structure 4.1 Judicial Structure. An appropriate judicial struc ture shall be established for hearing and adjudicating all cases brought by and against graduate students in the fol lowing areas: (1) Academic Rights and Responsibilities (2) Professional Rights and Duties of Graduate Assistants (3) Professional Rights and Duties of other Graduate Students (4) University Regulations 4.1.1 Departmental Level. Adjudication necessitated on the departmental level may be handled informally or, if a party or parties request, formally through a departmental judiciary. The judiciary shall be composed of the depart mental chairman or designated deputy (to act as chairman) and an equal number of faculty and students selected by their respective groups so as to reflect the composition of their groups.• 4.1.2 College Graduate Judiciary. Each college shall es tablish a judiciary composed of the chairman of the college graduate committee or designated deputy (to act as chair man) and an equal number of faculty and students selected by their respective groups so as to reflect the composition of their groups.• 3 Where a comparable group exists in thii structure of the de partment or college, every effort should be made to allow this group to function as a judiciary. Certain units of the Univer sity (for example, the residential colleges) may find it impossi ble to establish judiciaries to the specifications required herein. Until such times as amendments covering such contingencies can be proposed, the establishment of judiciaries in such units shall be governed by the spirit of equity embodied in this document. 4.1.3 University Graduate Judiciary. A judiciary shall be established at the University level composed of the dean of the Graduate School or designated deputy (to act as chairman), three elected faculty members of the Grad uate Council and three graduate students chosen by the Council of Graduate Students. 4.1.4 Each judiciary shall provide for a suitable number of alternate members, chosen in accordance with the pro cedures established above. 4.1.5 Term of Office. Judiciary members and alternates at all levels shall be selected in the fall of the year and shall serve one year. The one-year term shall not preclude reappointment of any member the following year. 4.1.6 Conflict of Interest. Members of a judiciary in volved in a case at issue shall be disqualified from sitting on the judiciary for that specific case. 4.2 Judicial Process 4.2.1 Any member of the academic community of Michi gan State University may initiate a case involving the rights and responsibilities of graduate students. 4.2.1.1 Any of the parties involved may appeal an ad verse decision to a higher level. 4.2.1.2 the appeal or refer the case to another level. In cases of appeal the appellate body shall hear 4.2.1.3 A judiciary hearing a case may decide as follows: (1) NOT PROVEN. (1) There has been no proven infringement of the rights of the graduate student. (2) There has been no proven neglect on the part of the graduate student of his/her responsibilities. (2) PROVEN. (1) There has been a violation of the graduate stu dent's rights. (2) The graduate student has neglected his/ her re- sponsibilities 4.2.1.4 In cases of proven violation of a student's rights, the judiciary handing down the decision shall direct ap propriate and expeditious redress. In cases of proven neglect by the graduate stu 4.2.1.5 dent the judiciary may select from the following penalties: (1) Warning: an official written reprimand. (2) Probation: a period of probation with specific stipu lations. (3) Dismissal from the academic program in which he/ she is enrolled. 4.3 Due Process Introduction. The fundamentals of fair play in the 4.3.1 adjudication of student violations and student grievances shall prevail. This is in keeping with Article VIII of the "Bylaws of the Michigan State University Board of Trus tees." This article states in part: It is the policy of the Board that the President shall develop a program, structured along the fundamentals of due process, for the hearing and resolving of im portant, significant and serious student complaints. 27 The following guidelines for due process shall govern the above judicial procedures. 4.3.2 Once a grievance has been filed with a judiciary it shall be the responsibility of the chairman to notify, in writing, all parties involved within a period of 48 hours , excluding the period from 5:00 p.m. Friday to 8:00 a.m. Monday. If the party charged in the grievance admits its 4.3.2.1 validity, he/ she may request the judiciary to take appro priate action according to the penalties cited above. Should the individual admit the grievance and be given a penalty, he/ she may appeal the decision to the next higher judiciary. If the party charged in the grievance denies its 4.3.2.2 validity, the judiciary shall conduct a hearing according to the procedures outlined herein. 4.3.3 At least 72 hours prior to a hearing the chairman of a judiciary shall provide the following to all parties: (1) A written statement of the charges of sufficient par ticularity to enable the parties to prepare their cases. (2) Written notification of the time and place of the hearing. (3) A copy of this document and all other relevant doc- uments. 4.3.4 All parties shall be entitled to appear in person to present their case to the judiciary, and may call witnesses on their behalf. Any party may elect not to appear before the judiciary, in which case the hearing shall be held in his / her absence. Absence of a party shall not be preju dicial to his/ her case. 4.3.5 All parties shall be entitled to counsel of their choice, chosen from within the University community. 4.3.6 Any party or his/her counsel shall be entitled to ask questions of the opposing party or of any witnesses. 4.3.7 Any party shall be entitled to refuse to answer questions. 4.3.8 All parties shall be entitled to an expeditious hear ing of a case. 4.3.8.1 In urgent cases in which it is alleged that a regu lation, administrative decision or action threatens imme diate and irreparable damage to any of the parties in volved, the judiciary shall expedite the hearing and final disposition of the case. A judiciary is empowered to direct an individual or unit to discontinue or postpone, pending final disposition of the case, any action which threatens to cause irreparable harm. 4.3.9 Parties shall be entitled to an adequately explained written decision. It shall be the responsibility of the chairman of a judiciary to file a copy of this decision with the chairman of the department or unit, the dean of the college and the dean of the Graduate School. Adverse de cisions shall be made a part of the person's record. 4.3.10 All parties shall be notified in writing of their right to appeal the decision of a judiciary. Should an ap peal be instituted, any action, decision or penalty ordered by the judiciary shall be held in suspension until acted upon by a higher judiciary. 4.4 The dean of the Graduate School shall direct the implementation of any redress or penalty stipulated by any judiciary. ARTICLE 5 Academic Governance 5.1 Graduate students shall participate in academic gov ernance at the department, college, and University levels. 5.1.1 At the departmental level, graduate student partici pation in the policy-making process shall include, but not necessarily be limited to, the following: Graduate curriculum and degree requirements. Graduate financial aids and awards. Graduate admissions criteria. 5.1.1.1 Graduate student representatives shall participate as voting members on departmental committees relating to the policy-making process . 5.1.2 At the college level, graduate student participation shall include voting membership on those committees di rectly concerned with graduate student affairs. 5.1.2.1 The dean's advisory committee, or its equivalent, in consultation with graduate student representatives of the various departments, shall determine which college level committees are directly concerned with graduate student affairs. 5.1.3 At the University level, graduate students shall have voting membership on the Graduate Council, Aca demic Council and other such committees as specified by the Bylaws for Academic Governance. The elected grad uate student members shall be chosen by the Council of Graduate Students. 5.2 Within 90 days from the date of adoption of this document, each college shall file with the Graduate Of fice a full report of graduate student participation in aca demic governance in its respective units. A copy of this report shall also be sent to the Council of Graduate Stu dents. ARTICLE 6 Procedure for Amending and Revising This Document 6.1 Any member of the Michigan State University com munity may initiate a proposal to amend or revise this document. 6.1.1 A graduate student shal1 submit his / her proposal to the Council of Graduate Students for approval. The Council of Graduate Students may approve the proposal by a majority vote of the members present. If approved, the proposal, with recommendation for its adoption, shall be submitted to the Graduate Council through the Coun cil of