1) 53 -PART IJI REGULATIONS Student Consumer Information . . . . . . . . . . . . . . . . 50 Types of Rules and Regulations . .. .... . . ... . . .. 53 General Student Regulations . . . . . . . . . . . . . . . . . . 54 Residence Hall Bill of Rights and Regulations • Undergraduate and Graduate . . . . . . . . . . . . . . . . . . 56 University Apartments Community Bill of Rights and Responsibilities . . . . . . . . . . . . . . . . . 60 Alphabetical Listing of Student Group Regulations, Administrative Rulings, All-University Policies, and Selected Ordinances . . . .. . .... . ......... 61 INDEX ..... . ...... . . . .. . . .. . .. . . . . .... . . . .. 107 ( Letter from the Vice President for Student Affairs and Services . . . . . . . . . . . . . . . . . 2 Character & Goals of MSU •Core Values & Mission, ~ Board of Trustees, Officers of the University. . . . . . . . . . 3 Student Affairs and Services • departments, directors, functions and services . . . . . . . 4 • PARTI INFORMATION AND SERVICES Academics • support, technology, adult/life long learning 6 Student Life • activities and organizations, career services and placement, employment, families, finarlcial aid, food, governance, health services, housing, media, multicultural programs, religious activities, recreation & fitness, safety & security, transportation, veterans 6 PARTll RIGHTS AND RESPONSIBILITIES Legislative and Judicial Systems ......... . . . . ... 10 Academic Freedom for Students at MSU • basic rights and responsibilihes. . . . . . . . . . . . . . . . . .13 Graduate Student Rights and Responsibilities . . .. 35 Medical Student Rights and Responsibilities (reference only) ........... .. ............. . . . . 48 Any updates to the text of this publication are accessible at website: http:/ lwww vps. msu. edu!SpLife! def a ult. pdf 2010 Published by Department of Student Life, Division of Student Affairs and Services, 101 Student Services, 355-8286. Michigan State University Edited by Lisa Vanwelsenaers. MSU is an affirmative-action, equal-opportunity institution MICHIGAN STATE UNIVERSITY · August 20, 2010 Dear MSU Student, You are urged to become familiar with the many programs and services that enhance the student experience at Michigan State University. As you pursue your academic studies in the classroom, you will also have many out-of-class opportunities to learn from pe?ple of different cultural backgrounds, to examine new philosophies, to develop new interests and skills, and to prepare for active participation in a rapidly changing global society. It is important that you take the initiative to e~pand your horizons and to take advantage· of the programs and services that are available to help ensure your succes~. Persons in the Division of Student Affairs and Services stand ready to assist you in this endeavor. As an academic community, it is necessary to set standards that will promote an environment conducive to learning. Thus, policies, regulations · and guidelines have been developed to pr0vide an atmosphere that furthers opportunities for intellectual and personal development while protecting individual freedoms. As a student you are encouraged to exercise your rights and you are expected to meet your responsibility to adhere to the standards set. The second part of this guide serves to inform you of the rules, regulations, rights and responsibilities that have been established in the interest of all members of the University community. We are proud of the students, faculty, and staff who have contributed in many ways to the important activities, programs and services of the University. It is our hope that each of you will actively pursue the many opportunities available for an exciting and rewarding student experience. Sincerely, ::t:~-~~ Vice President for Student Affairs and Services • DIVISION OF STUDENT AFFAtRS AND SERVICES Office of the -vice President Michigan Stale University Student Services Building East Lansing, Ml 48824-1113 517 /355-2264 TTY: 517/353-0304 FAX: 517/432-2855 MSU is an affirmative-action. equal-opportunity institution. At Michigan State University excellence is a continuing tradition. MSU is a research intensive, land-grant university where people matter. The University is dedicated to educating tomorrow's leaders and scholars. Innovative and hard-work ing, MSU advances knowledge and transforms lives, extending learning to actively serve Michigan, the Nation and the international community. Our core values and mission remain guided by and grounded- in our land-grant history This is reflected in our ongoing commitment to: Lou Anna K. Simon President, Ex Officio OFFICERS OF THE UNIVERSITY Lou Anna K. Simon, President Kim Wilcox, Provost and Vice President for Academic Affairs Fred Poston, Vice P.resident for Finance and OperatiOns and Treasurer ]. Ian Gray, Vice President for Research and Graduate Studies William R 'Beekman, Secretary of the Board of Trustees and Executive Assistant to the President Robert Groves, Vice President for Advancement Steven Webster, Vice President for Governmental Affairs Robert A. Noto, General Counsel and Vice President for Legal Affairs Lee N.June, Vice President for Student Affairs and Services and Associate Provost for Academic Student Services & Multicultural Issues Terry Denbow, Vice President for University Relations Pau,lette Granberry Russell, Senior Advisor to the President for Diversity and Director of Inclusion and Intercultural Initiatives • · Quality: Dedicating ourselves to achieving excellence in all of our endeavors-good enough for the proudest and recognized among the best • Inclusiveness: Providing opportunity for learners from all backgrounds-bringing ~heir passion and talent to join a vibrant, intellectual community built on mutual respect-to experience and to multiply the benefits of the power of knowledge throughout their lives • Connectivity: Among one another, among academic enterprises, to society and to those we serve-locally, nationally, and globally For the complete University Mission Statement refer to http :!/president. msu. edu/missionl. BOARD OF TRUSTEES Joel Ferguson, Chairperson Lansing Term ends January 1, 2013 Melar:iie Foster, Vice Chairperson East Lansing Term ends January 1, 2013 Dianne Byrum , Onondaga Township Term ends January 1, 2017 Colleen M. McNamara Lansing Term ends January 1, 2011 Donald W Nugent Frankfort Term ends January 1, 2011 Faylene Owen East Lansing Term ends January 1, 2015 George Perles East Lansing Term ends January 1, 2015 Diann Woodard Brownstown Township Term ends January 1, 2017 Student Handbook and Resource Guide 3 VICE PRESIDENT FOR STUDENT AFFAIRS AND SERVICES Dr. Lee June, Vice President and Associate Provost for Academic Student Services and Multicultural Issues 153 Student Services, 355-2264 www. vps. msu. edu SENIOR ASSOCIATE VICE PRESIDENT FOR STUDENT AFFAIRS AND SERVICES AND DIRECTOR OF STUDENT LIFE Dr. Denise B. Maybank, Senior Associate Vice President and Director of Student Life 155 Student Services, 355-7535 CAREER SERVICES Mr. Kelley Bishop, Executive Director 113 Student Services and 290 Spartan Way www. careemetwork. msu. edu, 517-355-9510 . Career Advising job Search Assistance On Campus Interviews Career Events Student jobs &. Internships COUNSELING CENTER Dr. Jan Collins-Eaglin, Director 207 Student Services, 355-8270 www. counseling. msu. edu Counseling Therapy (individual and group) Consultation, Outreach , Preventive Education Career Counseling Multicultural Counseling/MECCA Sexual Assault Crisis and Safety Education Substance Abuse Assessment Testing · Training EDUCATIONAL AND SUPPORT SERVICES Dr. Patricia Enos, Assistant Vice President and Director 162 Student Services, 353- 6650 . www. ess. msu. edu • Community Liaison Family Resource Center Microcomputer/Network Support Student Affairs Practicum Student Leadership Course (EAD 315) I. INTRAMURAL SPORTS AND RECREATIVE SERVICES Dr. Rick McNeil, Director 201 IM Sports-West, 355-5250 www. imsports. msu. edu Competitive Sports Exercise/Fitness Informal Drop-In Recreation Sports Clubs Special Populations Programs LBGT RESOURCE CENTER Interim Director 302 St\,\dent Services, 353-9520 www. lbgtrc. msu. edu RESIDENCE LIFE Mr. Paul Goldblatt, Director G-55 Wilson, 353-3780 www. reslif e. msu. edu; reslife@msu.edu Development of active learning communities in Residence Halls and University Apartments Academic Support, Liaison, and Referral Crisis Response and Personal Support and Referral Mediation and Conflict Resolution Facilitation of Community Standards, Policy Support Opportunities for Intercultural and Ethical Development Support for Community and Social Events Outcomes Assessment SERVICE-LEARNING AND CIVIC ENGAGEMENT, CENTER FOR Qoint with University Outreach and Engagement) Ms. Karen McKnight Casey, Director 345 Student Services, 353-4400 servlrn@msu.edu www. serviceleaming. msu. edu Academic&. Curricular Service-Learning&. Civic Engagement Co-Curricular Service &. Volunteerism Individual Volunteer Opportunities Group Service Opportunities, including Alternative Breaks Support to Faculty for Service-Learning&. Civic Engagement Support to Student Groups in Implementing Service Projects Sponsor, You Vote Voter Information CollaboratioR STUDENT LIFE Dr. Denise B. Maybank, Senior Associate Vice President and Director 101 Student Services, 355-8286 www. studentlif e. msu. edu ' Campus Life Orientation Greek Affairs Leadership Development judicial Affairs Off-Campus Housing&. Commuter Programs Sexual Assault ~nd Relationship Violence Prevention Student Affairs Records Student Government Advising Student Organizations &. Activities 4 SPARfAN LIFE-2010 I .1 Activities Employment Financial Aid Food Governance Health Housing1 Recreation Transportation Veterans Michigan State University has a wealth of programs and services designed to enhance the student experience at Michigan State University Aside from meeting your everyday needs as a student, it is also important that you take oppor tunity to expand your horizons, explore different cultures and philosophies, develop new interests and skills, and prepare for active engagement in your community Let this brochure ' serve as a referenc¢ guide for you, to find the resources you need on this remarkable journey For a comprehensive list of all the information highlighted here, please visit Spartan Life On-line at http:llwww.vps.msu.edu!SpLife/default.pdf ACADEMICS Each college or major can assist students with academic mat ters such as enrollment, changes of major, class changes, aca demic advising, and withdrawal and readmission procedures. For a list of each college and their related academic and sup port units, please visit http://provost.msu.edulunits/?units. In. addition, students have access to a number of campus wide academic programs and services. What follows is only a sam . pling, but will provide a general idea as to what is available. ACADEMIC SUPPORT Through The Learning Resources Center, The Office of Supportive Services, The Writing Center, The MSU Libraries, and The Testing Office, students can improve 1 study skills, writing skills, time management and research strategies, and prepare for standardized testing. For a list of these and other services, please visit http:// admissions. msu. edul academics/support. asp. ' The University Ombudsman provides assistance to stu dents needing help to resolve complaints or conflicts with academic or non-academic matters. Visit https://www.msu. edu!unit/ombudl. ' ACADEMIC TECHNOLOGY Through ·the Help Desk, 24-hour Distance Learning Service, Computer Laboratories, and the MSU Computer Store students can receive personal computing and MSU Angel course support, have repairs done, and obtain dis counted prices on new technology and software. For more information~ visit: http://ats.msu.edu/. ADULT /LIFE LONG LEARNERS Those interested in taking courses for credit at the University who are not pursuing a University degree or a certificate granting program may apply for enrollment under the Lifelong Education status. For more information, or to apply online, visit: http ://www. reg. msu. edu/ROinfo!Enr Reg! LifelongEducation. asp. STUDENT LIFE MSU provides a comprehensive set of programs and services to ' support student learning outside the classroom as well. What follows is only a sampling, but will provide a general idea as to what is available. ACTIVITIES AND ORGANIZATIONS MSU has a number of student governing bodies and more than 600 registered student organizations including honoraries, academic interest groups, sports clubs, and professional, Greek letter, international, racial/ethnic, religious, political, service and volunteer, public relations and media organizations. Through such groups, MSU students can engage in community service, participate in various entertainment, social, and cultural activi ties, and visit gardens, animal farms, museums, theaters, and even our very own planetarium. Want to know what, when, and where "it's" happening? VJ.Sit www.events.msu.edu, and http :I luabevents. com/. In addition, the Student Union offers shopping, dining, enter tainment, banking and postal services, study space, and a host of meeting room facilities. To learn more about what is happen ing at the Union, visit the Union on-line at http://www.hfs.msu. edulunionl. . CAREER SERVICES AND PLACEMENT The Career Services Network will assist students iri every stage of career development, including choosing a major, exploring career options, gaining work experience and conducting a suc cessful job search. For more information, visit http://careemet work.msu.edu and www.myspartancareer.com. . EMPLOYMENT Approximately 17,000 students are employed on campus each year in a wide range of positions, including clerical, teahnical, research assistance, project management and. service roles. These opportunities and more can be found at http://MySpartanCareer.msu.edu, http://studentjobs. lib. msu. edu, www.breslincenter.com/ arena/students. html, http://www.givingto. msu. edu/tmjobs!, www. police. msu. edu/studentjobs.htm, and www. hfs. msu. edu. FAMILIES · MSU coordinates information, resources and University initia tives to assist students with children and students managing the care of dependent elders through the Family · Resource Center (FRC). For information about FRC programs and ser vices call 432-3745 or visit their website at: www.frc.msu.edu. FINANCIAL AID Over 65 percent of MSU students receive financial aid, many from more than one source. Students seeking finan cial aid shoulsJ. file a Free Application for Federal Student Aid 6 SPARTAN LIFE-2010 (FAFSA) to apply for both need-based and non-need-based aid at MSU. This free form is available on the web at wwwjafsa. ed.gov For more information regarding scholarship assis tance, short-term loans, visit www.finaid.msu.edu, QT use the eFinaid link on Stulnfo at www.stuinfo.msu.edu. FOOD There are many places to eat on campu.s, including the residence halls, the International Center, the MSU Union, aI).d the Kellogg Center State. Room, just to name a few. The Sparty's convenience stores, located across campus, offer a quick snack or meal. MSU students without a meal plan and in need of supplemental food and necessities may visit the MSU· Food ~ank as well. For more information on these and other options, visit http://eatatstate.msu.edu/ and type in the bolded key wo~ds above. • GOVERNANCE The ultimate policy-making authority at MSU is the Board of Trustees, however, faculty, staff, and students, play a vital role in the governance process. Undergraduate students, graduate students, and various living groups (i.e., residence hall students) are represented in a variety of ways. Each organization provides a variety of programs and services designed to support students and student organizations. For a listing of student governing bodies, please see "Governance at MSU" in Spartan Life On- . line at http:!lwwvJ.vps.msu.edu!SpLife!default.pdf and https:!/ www.msu.edu!-acadgov/. HEALTH SERVICES Students have access to a ~ariety of medical, dental, counseling, psychological and health education services, most of which are free or offered at a very low cost. For more information on these services, visit www. olin. msu. edu, www. counseling. msu. edu, and www. psychology. msu. edu! clinical! clinic/index. html . HOUSING A variety of on campus living-learning environments are available for students, including campus residence halls and apartments. far students who wish to live off campus, options include Greek Letter Chapter Houses, Cooperative Living Units, Religious Living Units, and other rental options. For more information on these and other housing related ser vices, visit http:! /www. liveon. msu. edu, www. studentlife. msu. edu, and http:! I collegelif eel. msu. edulhousing. MED.IA Did you know that MSU has its own student radio station (WDBM "IMPACT 89FM" at 88.9 FM) and student run newspaper called The State News (www.statenews.com). Students also operate an internet-only station called "The FIX" ( www.the.fix.org). ' MULTICULTURAL PROGRAMS MSU has a rich heritage and traditio:r:i of embracing plural ism and diversity through nationally renowned multicultural programs and services. The University's holistic consideration includes gender, racial-ethnic minorities, international popula tions, disabilities, and sexual orientation. For more information on the programs and services, please visit: http://www.ocat.msu. edu, http://www. oiss. msu. edu/, www. rcpd. msu. edu, www. lbgtrc. msu. edu, www. wrc. msu. edu, and www.msu. edu!-msuwomen. RELIGIOUS ACTIVITIES The many churches, synagogues and religious centers in the Greater Lansing Area serve students in a variety of faiths by providing opportunities for formal worship and informal fel lowship activities. For more information on religious and faith based connections in the community, visit http://www.msu. edu/-msuraa/. · RECREATION & FITNESS MSU offers state of the art recreation and fitness facilities for people of all ages and abilities. For those interested in recre ational and competitive activities, MSU qffers more than 40 Sports Clubs and dozens of individual and team sports options, including but not limited to aerobics, basketball, billiards, . bowling, downhill skiing, golf, ice skating, racquetball, swimming, and tennis. For more information, visit www. imsports. msu. edu. SAFETY & SECURITY MSU has its own police department which performs the duties of a similarly sized municipal department. Programs and ser vices include Homeland Security and Planning, special events, parking enforcement, Community Team Policing, bicycle security, and personal safety programs. For infor mation on these and other services, please visit: www. police. msu. edu. TRANSPORTATION The main campus consists of 2,000 acres of developed land, connected by 26 miles of roads and 100 miles of sidewalks. As a result, transportation is something that should be planned carefully. Faculty, staff and students have access to a variety of transportation services to support walkers, bicy clists, and those who prefer public and private transportation. For more information on the rights, responsibilities and ser vices available with each option, please visit www.police.msu. edu and http://www.cata.org. VETERANS United·States veterans may be certified for benefits through the Veteran Certification Office, 150 Administration, 355-5032, www.reg.msu.edu. Additional services for veterans and eligible dependents are offered through the Ingham County Veteran's Affairs Office, 5303 S. Cedar, Lansing, 887-4331. Student vet- · erans will find a variety of useful information through the Student Veterans of America website https:!lwww.msu.edu/ -msusvalabout.html. and ,returning undergraduate veterans with a military-related disability who are Michigan residents · and working ()n their first baccalaureate degree will qualify for an aid package that covers full costs without loans. Contact the Office of Financial Aid for additional information regarding' the MSU Disabled Veteran's Assistance Program http:/ !finaid. msu. edulveterans. asp. Student Handbook and Resource Guide 7 . I The process for the establishment and adjudication of regulations governing student conduct are set forth in Academic Freedom for Students at Michigan State University. Based on the principle of student involvement, there is both a specific legislative process and a comprehen sive judicial system which govern undergraduate students. To the extent that interest motivates personal involvement, there continue to be broad avenues for student participation in the governance process. • The Legislative System • The Judicial System • What does a Campus Judicial System do? • Relationship of the Judicial System to Campus Governance • Jurisdiction • Processes and Procedure • Other Judicial Bodies THE LEGISLATIVE SYSTEM Michigan State University maintains three levels of regulations applicable to student conduct, all of which require student approval. In addition, there are rulings established by admin istrative offices and policies and ordinances established by the Board of Trustees. Information regarding the process through which the various regulations and policies are enacted is indicated below. General Student Regulations Student Group Regulations Living Group Regulations Administrative Rulings All-University Policies The above types of regulations, rulings, and policies are enacted in accordance with Article 8 of Academic Freedom for Students at Michigan State University. (See Part 2 of this book.) A brief description of each may also be found at the begin ning of Part 3 of this book under "Types of Rules." References for further information include: a. Bylaws of the Board of Trustees, Articles IV, VI, and VIII b. Bylaws for Academic Governance, Articles 2, 4 and 5 c. ASMSU Constitution and Code of Operation d. COGS Constitution and Bylaws e. Major governing group constitutions f. Living unit constitutions MSU Ordinances-The Board of Trustees is granted authority by the constitution of the State of Michigan to legislate ordinances g©verning the conduct of all persons on Unive,rsity property. These ordinances are law, violations of which are misdemeanors and adjudicated through the courts. The legislative process need not involve anyone except the Board of Trustees, although in practice the administration contributes its advice and rele~ant student-faculty committees may also be consulted. References for further information: a. MSU Ordinances b. Bylaws of the Board of Trustees, Article XI I I I I Academic Regulation-Matters of academic policy; pro gram and degree requirements are available in the following sources: a. MSU Catalog-Academic Programs b. MSU Catalog-Description of Courses In addition to consulting these sources, students should con - tact the academic department of their major preference for specific program requirements. THE STUDENT CONDUCT SYSTEM Michigan State University has a number of hearing bodies which serve the interests of undergraduate and graduate stu dents by contributing to the protection of an environment for learning. Although specific procedures vary from one hearing . . body to another, all operate in a manner designed to assure due process. This overview focuses on the student conduct system estab~ lished through the report on Academic Freedom for Students at Michigan-$tate University (commonly referred to as the Aca demic Freedom Report ~r AFR). The Academic Freedom Report was adopted in 1967; was amended in 1971, 1977, 1983; and was completely revised in 1984 and 2Ql0. WHAT 'DOES THE STUDENT CONDUCT SYSTEM DO? In addition to hearing alleged violations of regulations govern ing student conduct, the MSU conduct system also protects student rights against infringement by other students, by faculty or administrators, by groups, or by the University itself. For example, the system provides for consideration of challenges to regulations or administrative decisions alleged to be inconsistent with fundamental student rights out1ined in the Academic Freedom Report. In addition, there is provision for considering allegations that legislative bodies or officers have acted inconsistently with t4eir respective constitutions. It is through performance of these functions, as well as through consideration of alleged violations of regulations, that the con duct system seeks to maintain the delicate balance between maximum freedom and necessary order so fundamental to the protection of an environment for learning. 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 support and criti cism. The conduct system is structured on the principle that legislative authority requires judicial responsibility. Accord ingly; there is provision for a hearing body to parallel each legislative body; depending upon it for provision of members and having corresponding jurisdiction. All-student hear- ing bodies are established in general through the Academic ' Freedom Report, but may be defined more specifically in the constitution of the student governing bodies whose jurisdic tions they share. 10 SPARTAN UFE-2010 OTHER HEARING BODIES Michigan State University has a number of hearing bodies which serve the interests of undergraduate and graduate stu dents by contributing to the protection of an environment for learning. Although specific procedures vary from one hearing body to another, all operate in a manner designed to assure due process. A. The Anti-Discrimination Judicial Board (ADJB) is composed of: three undergraduates and one graduate student; four faculty and specialists; four representa tives from the recognized bargaining units and the . non-unionized support staff; and two representatives appointed by the President. ADJB has jurisdiction over violations of the MSU Anti-Discrimination Policy. It may hear complaints filed by students, faculty mem bers, and staff Parties involved in anti- discrimination proceedings may choose an advisor (counsel) from the faculty, staff or student body of the ,University The ADJB may recommend the actions to be taken by the charged individual or organization to remedy a violation. Decisions of the Anti-Discrimination Judicial Board are sent as recommendations to the President of the University (Consult the Anti-Discrimination judicial Board Procedures or the ADJB Coordinator.) B. Gr~dttate Judicial Structure. A compktely separate judicial structure is provided for adjudicating cases brought by and against graduate students in the areas of: 1) academic rights and res)2onsibilities; 2) profes sional rights and dutie~ of graduate assistants; 3) pro fessional rights and duties of other graduate students. 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 chairperson. (Consult Graduate Student Rights and Responsibilities, the Council . of Graduate Students, or the Graduate School.) C. Employment Hearing or Grievance Procedures include those for ·students, th~ faculty, the administra tive-professional personnel, the unionized clerical-tech nical employees, and the unionized hourly employees. (Students consult the Student Employment Policy Manual or the Student Employment Office.) D. Medical Student Judicial Structure. A judicial struc ture is provided for adjudicating cases brought by and · against medical students in the areas of: 1) academic rights and responsibilities; 2) professional behavior of medical students; and 3) professional rights and responsibilities of graduate assistants. Judiciaries are provided for at the departmental, college, and universi ty levels. Each judiciary is composed of equal numbers of faculty and student members.Jn addition, medi- cal students alleged to have violated General Student Regulations, student group regulations, living group regulations, or all-University policies which apply to all students, may be r~ferred to the appropriate judi ciary as outlined in Academic Freedom for Students at Michigan State University. (Consult Medical Student Rights and Responsibilities or contact the Dean's office of the appropriate medical college or the Graduate School.) • Student Handbook and Resource Guide 11 ~ . This document provides the framework for stu- ARTICLE I : Student Rights and Responsibilities . dent rights and responsibilities at Michigan State ARTICLE 2: Academic Rights and Responsibilities University, including student conduct, academic ARTICLE 3: Student Records pursuits, keeping of records, and publications. It. describes procedures for formulating regulations governing student conduct and for providing ARTICLE 4: Non-Acad~mic Hearing Board Structures ARTICLE 5: Adjudication of Non-Academic Cases due process in the adjudication of student disciplinary ARTICLE 6: Academic Hearing Board Structures cases. This document also defines channels and procedures for student complaints and grievances. . ARTICLE 7: Adjudication of Academic Cases ARTICLE 8: Regulations, Policies, and Rulings ARTICLE 9: Independent and Universi~y-Supported. Student Publications ARTICLE 10: Office of the Ombudsman · ARTICLE II : Definitions ARTICLE 12: Procedures for Amending and Revising This Document HISTORY OF APPROVAL Student Handbook and Resource Guide 13 ACADEMIC FREEDOM FOR STUDENTS AT MICHIGAN STATE UNIVERSITY FORWARD The foreword is not a part of the document that follows. It supplies, however, a necessary perspective for interpreting the document. Student rights and responsibilities at Michigan State Uni versity must be understood against the social and historical background of the University itself. When, more than 150 years ago, the people of Michigan estab lished this institution on the land-grant principle, they framed a new conception of the role of the university in American life. A land-grant university is a trusteeship of intellect in the service of society It gathers society's creative and critical pow ers and uses them to advance the common good and to solve fundamental problems. · 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 commission, it acts not for the sake of the academic communitY, but for the sake of society beyond the academy Al! members of the academic community - dents - is th~ proper beneficiary enact a trust of which society beyond the University trustees, administrators, faculty, staff and stu The real significance of this document, as we believe, is not that students have acquired rights, but that they have explic itly been made, party to our social trust. The responsibility which lies upon the trustees, 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 ent~usted to their care. PREFACE This report, the Graduate Student Rights and Responsibilities document, and the Medical Students Rights and Responsibilities document contain guidelines to the rights and duties of stu. dents in matters of conduct, academic pursuits, the keeping of records, and publications. This report describes structures and procedures for the formulation of regulations governing student conduct, for the interpretation and amendment of the guidelines, for the adjudication of student disciplinary cases, and for channeling student complaints, grievances, or concerns to faculty, staff, and administrators for appropriate action. For the most part, these provisions simply make explicit what has been long understood and practiced at Michigan State University This report identifies rights and duties of t I I students and provides for students a carefully prescribed system of due process. The report does not contain a general or abstract definition of academic freedom. Rather, the report is an operational definition with concrete application of the concept of academic freedom for students. ARTICLE I STUDENT RIGHTS AND RESPONSIBILITIES AT MICHIGAN STATE UNIVERSITY Michigan State University is a community of scholars whose members include its faculty, staff, students 1 , and administra tors. The basic purposes of the University are the advance ment, dissemination, and application of knowledge. The most basic condition for the achievement of these purposes is freedom of expression and communication. Without this free dom, 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 need for freedom is equally broad. Yet absolute freedom in all aspects of life means anar chy, just as absolute order means tyranny Both anarchy and tyranny are antithetical to the purposes and character of the University Therefore, the University always must strive to strike that balance between maximum freedom and neces sary order which best promotes its basic purposes by provid ing the environment most conducive to the many faceted activities of instruction, research, and service. Each right of an individual places a reciprocal duty upon others: the duty to permit the individual to exercise the right. The student, 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 protections which best promote the learning process in all its aspects. The student also has duties to other members of the academic community, the most important of which is to refrain from interference with those rights of others wh~ch are equally essential to the purposes and processes of the _ University The University cherish~s many values, modes of thought, and standards of behavior that are better taught by example and rewards than by the threat of penalties. Regulations governing the activities and conduct of student groups and individual students should not be comprehensive codes of desirable conduct; rather, they should be limited to the prescription df 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 seriously 1 For the purposes of this document, an individual is considered a student from the time he or she attends his/her first class until graduation, recess, dismissal, suspension, or withdrawal from the University or until he/she fails to register for more than one consecutive term. 14 SPARTAN LIFE-2010 interfere with the basic purposes, necessities, anc\ processes of the academic community, or with rights essential to other members of the community. The student is not only a member of the academic com munity, but a citizen of the larger society, who retains those ' rights, protections, and guarantees df fair treatment held by all citizens, and which the University may not deny. The enforce ment of the student's duties to the larger sqciety is, however, the responsibility of the legal and judicial authorities duly established for that purpose. GUIDELINES To protect student rights and to facilitate the definition of student responsibilities at Michigan State University, the fol lowing guidelines shall apply to those stipulations and condi tions by which student conduct is regulated, broadly referred to as "regulations" in the remainder of this Article. A. All regulations shall seek the best possible reconcili ation of the principles of maximum freedom and necessary order. before a duly constituted hearing board as provid~d in this document. No student shall be suspended or dismissed. from the University for disciplinary rJ".asons, except through the procedures of this docu ment or the applicable sections of the Graduate Student Rights and Responsibilities document or the Medical Student Rights and Responsibilities document. L. Every regulatioi:~ shall specify to whom it applies and whether responsibility. for compliance lies with individuals, with groups, or with both. M Student Handbook and Resource Guide: A hand book of the University's current regulations relating to student rights and responsibilities shall be made available to every member of the academic commu nity (see Spartan Life: Student Handbook and Resource Guide). ARTICLE 2 ACADEMIC RIGHTS AND RESPONSIBILITIES B. There shall be no regulation unless there is a I. demonstrable need which is reasonably related to the basic purposes and necessities of the University as stipulated herein. C. To the maximum extent feasible, students shall par ticipate in formulating and revising regulations gov erning student conduct. D. All regulations governing student conduct shall be made public in an appropriate manner. E. Every regulation shall be as brief, clear, and specific as possible. F. Wherever rights conflict, regulations shall, to the maximum extent feasible, permit reasonable scope for each conflicting right by defining the circum stances of time, place, and means apl?rcipriate to its exercise. G. Regulations shall respect the free expression of ideas and shall encourage the competition ohdeas from diverse perspectives. H. Procedures 1and penalties for the violation of regula tions shall be primarily designed for guidance or correction of behavior. I. Penalties shall be commensurate with the serious ness of the offense. Repeated violations may justify increasingly severe penalties. ]. There shall be clearly defined channels and proce dures for the appeal and review of: ' 1. The -finding of guilt in an alleged violation of a regulation. 2. The reasonableness, under the circumstances, of the penalty imposed for a s'pecific violation. 'ifhe substance of a regulation or administrative decision which is alleged to be inconsistent with the guiqelines in this · document. 3. 4. The fairness of the procedures followed in the adjudication. K. Students accused of violating a regulation or University policy shall have the right to appear :Preamble The freedom' and effectivemess of the educational process depend upon the provision of appropriate conditions and opportunities for learning in an environment that is supportive of diversity among ideas, cultures, and student characteristics. The responsibility to"secure, respect, and protect such opportuntties and conditions is shared by all members of the academic community. f:he primacy of_ the faculty's role .and its centrality in the educational process must be recognized and preserved. The primary intellectual purpose of the University-its intellectual content and integrity is the respon;;ibility of the faculty. The establishment" and maintenance of the proper rela tionship between instructor and student ar~ fundamental to the University's function, and require both instructor and student to recognize the rights and responsibilities which derive from it. The relationship between instructor and student as individuals should be founded on mutual respect and ·understanding together with shared dedica tion to the educational process. II. Role of the Facultx in the Instructional Process A. No provision for the rights of students can be ' valid which suspends the rights of the faculty. The student's right to competent instruction must be rec onciled with the rights of the faculty, consistent with the' principle that the competency of a professional can be rightly judged only by professionals. It is therefore acknowledged and mandated that compe tence of instruction shall be judged by the faculty. B. Faculty shall have authority and responsibility for academic policy and practices in areas such as degree eligibility and requirements, course content and grading, classroom procedure, and standards of professional behavior in accordance with the Bylaws for Academic Governance, the c;ode of Teaching Responsibility, and other documents on faculty rights and responsibilities. Student Handbook and Resource Guide 15 . C. No hearing board established under this document shall interfere with the evaluation of a student that represents a course instructor's good faith judgment of the student's performance. In the event that an evaluation is determined to be based on inappropri ate or irrelevant factors, as discussed in Section III. B.l below, the dean of the relevant college shall cause the student's performance to be reassessed and a good faith evaluation to be made. · D. Colleges/department/schools shall provide appro priate and clearly defined channels for the receipt and consideration of student complaints concerning instruction. In no instance shall the competence of instruction form the basis for an adversarial proceed ing before any of the judieial bodies established in this document. III. Rights and Responsibilities of the Student A. The student is responsible for learning the conte~t of a course of study according to standards of perfor mance established by the faculty and for adhering to standards of professional behavior established by the faculty. B. The student has a right to academic evaluations that represent the course instructor's good faith judg ments of performance. Course grades shall Tepresent the instructor's professional and objective,evaluation of the student's academic performance. The student shall have the right to know all course requirements, including grading criteria, and course procedures at the beginning of the course. (See 'also the Code of Teaching Responsibility) 1. To overcome the presumption of good faith, it must be demonstrated that an evaluation was based entirely or in part upon factors that are inappropriate or irrelevant .both to academic per formance and applicable professional standards (e.g., race, sex, personal animus). 2. The student shares with the faculty the responsi bility for maintaining the integrity of scholarship, grades, and professional standards. 2 3. The student shall be free to take reasoned excep tion to information and views offered in the instructional context, and to reserve judgment about matters of opinion, without fear of penalty or reprisal. 4. The student's behavior in the classroom shall be conducive to the teaching and learning ·process for all concei;ned. 5. The student has a right to be governed by edu cationally justifiable academic regulations and professional standards. The administering unit shall inform students in writing of such regula tions, including codes of professional behavior, at the time of _the student's entry into the academic program. 6. The student has a right to accurate, timely, and clear information in writing3 at the time of entry into an academic program concerning (a) gen eral academic requirements for establishing and maintaining an acceptable academic standing, (b) the student's academic relationship with the University and the details of any special condi tions that may apply, and (c) graduation requirements for the student's academic program. 7. Students are responsible for informing them selves of University, college, department, and school requirements as ·stated in unit publica tions and in the University catalog. In planning to meet such requirements, students are respon sible for consulting with their academic advisors. 8. The student has a right to protection against improper disclosure of his/her education records4 and personal information such.as values,beliefs, organizational affiliations, and health. (See also Article 3.) 9. The student has a right to be protected from personal exploitation and to receive recognition for scholarly assistance to faculty. 10. The student and the faculty share the responsi bility for maintaining professional relationships based on mutual trust and civility. ARTICLE 3 STUDENT RECORDS I. II. 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 based on respect for the privacy of the individual student a~ well as current fed eral and state law. Because of respect for the privacy of the individual student, record keeping must be performed only by University personnel whose job responsibilities require record keeping. Ill. All policies and practices governing access to, and maintenance and release of, student records shall COJ}- , form to the University's published guidelines (See the MSU Access to Student Information Guidelines). IV. No record shall be made, reproduced, or retained unless there is a demonstrable need for it that is reasonably related to the basic purposes and necessities of the University. I t 2 Professional standards are defined as the codes of expected professional conduct. Such codes (sometimes referred to as honor codes) must be approved by the,academic units, the dean, and in the case of college statements, the Office of the Provost. The development of such stan dards within academic units shall include student participation. The dean and the Office of the Provost shall consult with appropnate gover- nance groups before approving professional standards. , 3 The terms "in writing" or "written' refer throughout the AFR to documents that exist in paper or electronic form. 4 See the MSU Access to Student Information Guidelines for information regarding confidentiality of student education records. 16 SPARTAN LIFE-2010 V. The University shall not make, reproduce, or retain records of a student's religious or political beliefs or affiliations without the student's knowledge and consent.. VI. Students shall have the right to inspect any of their own educational records, except as waived by the student (e.g., confidential letters of recommendation). Student educational records include official transcripts, student disciplinary records, and records regarding aca demic performance. VII. All policies and practices dealing with the acquisition and dissemination of information in student records shall be formulated with due regard for the student's ' right to privacy and access. VIII. All student educational records shall include a notation of the name of the person who supplied the informa tion and the date of its entry, with the exception of central, Student Information System records. IX. Confidential records shall be responsibly handled. Units shall train persons handling ~uch records in appropriate methods of keeping and disposing of con fidential records. ·No one outside the faculty or administrative staff of Michigan State University, except as specified by law, may have access to the record of a student's offenses against University regulations without the written per mission of the student. X. XI. All policies governing the maintenance and the selec tive 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 5, Section II of this document. These policies and prac tices shall conform to current federal and state law: In addition, any changes to the policies shall be made known to the student body through the appropriate student governance bodies. ARTICLE 4 NON-ACADEMIC HEARING .BOARD STRUCTURES Consistent with the fundamentals of fair play in any judicial process is an opportunity for those accused to be heard by their peers. What follows is the foundation and structure of a representative peer review structure, embedded within the hearing procedures outlined within this document. This Article describes the composition and jurisdiction of all non -academic l).earing boards. Academic hearing boards are describep. in Article ·6 of this document. I. General Guidelines A. Student Membership and Selection ·A nomination committee composed of undergradu ate and graduate members from each of the hearing boards outlined in this Article, as well as representa- • tives from ASMSU5 and COGS6, will be responsible for recruiting and nominating a full complement of students to serve on each hearing board. At its dis Gretion, the committee may include faculty members in the nomination process. The committee will be advised by a designee of the Vice President for Stu dent Affairs and Services, who shall be a non-voting member. The co.i.;ri.mittee will develop and follow written procedures to govern the nomination process. The committee shall also develop procedures to recruit and nominate students primarily enrolled at MSU locatio:o.s other than the main campus in East Lansing to serve on panels that may be convened to hear cases involving students from that location. Throughout the course of the year, the committee may also identify replacements in case of resigna tions or a member's inability to serve for a full term. Once the nomination "process is complete, the committee must submit the names of the candidates for appointment to the appropriate governing body (see Section LB below). The names of candidates for appointment shall be submitted to the appropriate . governing bodies no later than the sixth week of spring semester. B. Student Appointment/Reappointment COGS shall be responsible for the appointment of graduate students to the hearing boards described in this Article. RHA shall be responsible for the appoint ment of residence hall students to the hearing boards described in this article. 7 ASMSU shall be responsible for the appointment of undergraduates to the hearing boards described in this Article. All student appoint ments shall be made by the tenth week of spring semester. In the event that mid-semester openings occur, or should students be unable to serve during the sum mer, each governing body shall make provisions for filling vacancies, including provisions for filling vacancies on an interim basis prior to completion of the appointment process. ·C. Faculty Membership and Appointments Faculty members on the hearing boards described in this Article shall be nominated pursuant to the Bylaws for Academic Governance and appointed by the President of the University Faculty members may serve no more than two consecutive full-term ap pointments. In the event that mid-semester openings occur, or should faculty members be unable to serve during the summer, such vacancies will be. filled on an interim basis by the President. D. Advis.ors Each hearing board described in this Article shall have an advisor designated by the Vice President for Student Affairs and Services. The role of the advisor is to see that each hearing board follows the provi sions outlined in this document. The advisor shall serve as an ex-officio and non-voting member of the 5 ASMSU (the Associated Students of Michigan State University) is the All-University Undergraduate Student Governing Body 6 COGS (the Council of Graduate Students) is the All-University Graduate Student ,Governing Body 7 RHA (the Residence fiall Association) is the Residence Hall Governing Body Student Handbook and Resource Guide 17 hearing board. E. Code of Operations Each hearing 'board described in this Article shall establish a written code of operations that will be reviewed by the University Committee on Student Affairs. Student only hearing boards described in Section II of this Article will submit their code of operations to their related major governing group for approval. The student-faculty hearing boards described in Section III and Section IV of this Article will submit their codes of operation to the University Committee on Student Affairs for approval. The codes of operation must be consis.tent with this document, including confidentiality provisions, procedures for . determining whether a complaint warrants a judicial hearing, and how a hearing is to be conducted. The codes of operation shall, at a minimum, require that board members be trained, provide for the appointment of board members to specific board roles, and establish procedures for the assessment of conflicts of interest and removal of board mem bers if necessary. The codes of operation shall also define the quorum for the hearing board, which in no case shall be less than three board members or 50% of the total number of hearing board members, whichever is more. The codes of operation shall also address procedures for expedited consideration of urgent cases in which a temporary restraining action is sought and detail what, if any; special hearing procedures will l;ie followed in cases involving sensi~ tive issues, such as sexual assault and relationship violence. II. Stll:dent Only Hearing Boards A. University Housing Hearing Boards The Owen Graduate Association8 , University Apart ments Council of Residents (UACOR) 9, and RHA · may establish their own hearing boards with juris diction over cases involving: lO 1. Complaints of personal misconduct occurring in or around University housing, including alleged violations of General Student Re~ulations, Student Group Regulations, Living Group 1 Regulations, or University policies, where the possible sanction would not be expected to result in suspension or dismissal from the University. 2. Complaints regarding the constitution, bylaws, or policies of RHA, UACOR, or the Owen Graduate ' Association. 1 B. All-University Student Hearing Board ASMSU and COGS shall form one All University Stu- dent Hearing Board to be comprised of at least three undergraduate students and three graduate students. This heari1¥ board will have jurisdiction over cases · involving: 1 1. Complaints of personal misconduct occurring in or around University housing for which another hearing board is not available and where the pos sible sanction would not be expected to result in suspension, or dismissal from the University. 2. Complaints alleging .violations of General Student Regulations, Student Group Regulations, or University policies by individual members or con stituent groups witq~n ASMSU or COGS where the possible sanction would not be expected to result in suspension or dismissal from the University. 3. Complaints regarding the constitution, byiaws, or policies of ASMSU or COGS. C. Terms of Appointment Student members of these student only hearing boards shall serve for one full calendar year, com mencing with summer semester following appoint ment, with opportunity' for reappointment for one addition~! term. Student members appointed mid semester will serve until the beginning of the next succeeding summer semester. III. Student-Faculty Hearing Board A. Composition .. The Student-Faculty Hearing Board shall be com prised of five undergraduate students, three graduate students, and five faculty members. B. jurisdiction The Student -Faculty Hearinj Board shall have juris diction over cases involving: 3 1. Complaints of personal misconduct, including . alleged violations of general student, student · group, or living group regulations, or University policies. 2. Complaints arising between or within major gov erning groups 14, student governing groups, living units, and/or registered student organizations that allege a violation of the group's, unit's, or organi zation's constitution, bylaws, or policies. 3. Complaints between ASMSU and COGS that allege a violation of either governing body's con stitution, bylqws, or policies. C. Terms of Office Student members of tl;ie Stud~nt-Faculty Hearing Board shall serve for two years with the opportunity ' 8 The Owen Graduate Association represents the residents of Owen Hall. 9 UACOR represents the residents ,of the University apartments .. 10 University Housing Hearing Boards do not have jurisdiction over cases involving academic misconduct, except as described in-Article 5, Sec tion I of tli.is document. 11 A living group is defined as any unit of University-owned housing, including a campus residence hall, floor, apartment, or residen~e complex. 12 The All-University Student Hearing Board does not have jurisdiction over cases involving academic misconduct, except as described in Article 5, Section I of this document. 13 The Student -Faculty Hearing Board does not have jurisdiction over cases involving academic misconduct, except as· described in Article 5, Section I of this document. 14 Major governing groups include the Greek Governing Boards, Student Housing Cooperative, Owen Graduate Association, RHA, and UACOR. . 18 SPARTAN LIFE-2010 for reappointment for one additional two~year term. Faculty members shall serve for three years, with the opportunity for reappointment for one additional three-year term. All terms of office shall begin with the summer semester following appointment. IV. University Student Appeals Board A. Composition The University Student Appeals Board shall be com prised of two undergraduate students, one graduate student, and three faculty members. B. jurisdiction The Universi~y Student Appeals Board shall have appellate jurisdiction over appeals arising from sanctions imposed as a result of a hearing involving allegations of personal misconduct under any section of this Article and appeals arising out of cases heard pursuant to Section II of this Article. The University Student Appeals Board shall have original jurisdic tion over nonacademic student grievances filed pursuant to Section II of this Article to challenge a University policy or regulation. C. Terms of Office Student members of the University Student Appeals Board shall serve for two years with the opportunity for reappointment for one additional two-year term. Faculty members shall serve for three years, with the opportunity for reappointment for one additional . three-year term. All terms of office shall begin with the summer semester following appointment. ARTIG:LE 5 ADJUDICATION OF NON-ACADEMIC CASES I. Personal Misconduct Cases The following procedures shall govern cases involving alleged acts of personal misconduct. The procedures contained in this Article apply to all students at Michigan State University These procedures do not govern cases involving academic misconduct, which are governed by Article 7 The Vice President of Student Affairs and . Services (the "Vice President") and the Provost will determine whether a case involving allegations of both personal misconduct and academic misconduct will be heard pursuant to Article 5 or Article 7 (or both). A. Complaints A complaint is defined as an allegation that a student has violated a University regulation, ordinance, or , policy Any ·member of the University community may file a complaint against a student. B. Filing a Complaint . Tb file a complaint, a complainant must submit a written, signed statement to the Department of Stu dent Life. The statement must contain the following information: 1. The specific policy, ordinanc;e, or regulation that ' has allegedly been violated; 2. The time, place, and specific description ef the alleged violation; 3. The name of the student against whom the com plaint is filed (the "respondent"); and 4. The name of the individual who is filing the com plaint (the "complainant"). C. Notice of Co~plaint Upon receipt of a complaint, a designee of the Vice President shaUnotify the respondent in writing within five class days tha~ he or she has been ac cused of violating a University regulation, ordinance, or policyls. The respondent shall be required to meet with an individual designated by the Depart ment of Student Life ("administrator") to discuss the complaint. The notice of complaint to the respondent shall include the following: 1. The specific policy, ordinance, or regulation that has allegedly been violated; 2. The time, place, and specific description of the alleged violation; 3. The name of the individual who is filing the complaint; 4. Notice of the opportunity to review the complaint in person; 5. A list of campus resources available to both par ties; and 6. The deadline by which the respondent is required to meet with the administrator. D. Administrative Meeting 1. The respondent will mee.t with the administrator, who will advise the respondent of his/her rights and responsibilities under this documep.t. At that time, the respondent will be provided with a copy of the complaint and may, admit or deny the alleged violation. · 2. If the respondent fails to meet with the adminis trator or fails to admit or ·deny the alleged viola tion within five class daysl6 of meeting with the administrator, the administrator may take one of the following attions: a. Place a hold on the respondent's registration until the respondent meets with the adminis trator. b. Refer the case to the appropriate hearing board for a formal hearing. · c. Render a decision on the complaint, provided that the administrator may not impose the sanctions of suspension or dismissal. If the administrator renders a decision on the com plaint, the respondent shall have five class days from the date of the administrator's decision to request a formal hearing before the appropriate hearing board. Such a request must be made in writing and filed with the administrator. Such a request voids the' administrator's decision, 15 Notices sent via electronic mail will be sent to the individual's official MSU email account. 16 A "class day" is a day on which classes are held, including the days of Final Exam Week but excluding weekends. Student Handbook and Resource Guide 19 which will not be shared with the hearing board that hears the complaint. In the absence of such a request, the administrator's decision on the complaint will be final. 3. A respondent who admits his/her violation waives his or her right to a hearing on the matter of responsibility In such a situation, the respondent may request that the administrator deterni.ine the sanction for the violation or request that the appropriate hearing board determine the sanction. 4. If the respondent denies the violation alleged in the complaint, the complaint will be referred to the appropriate hearing board. The hearing shoul9. follow in a timely manner. E. Hearing Procedures 1. At- least five class days prior to a hearing, both the complainant and respondent shall receive written notification of the hearing from the appropri- ate hearing board. This notice of hearing shall include: a. A copy of the notice of complaint; b. The date, time, and location of the hearing; c. The names of the hearing board member~ conducting the hearing; d. The names of the complainant's witnesses and advisor (if known). 2. The chair of 'the hearing board ~hall take neces sary precautions to avoid any conflict of interest on the part of the hearing board's members. The complainant and the respondent shall have two class days from receiving the hearing notice to challenge any hearing board members for cause. 17 3. The complainant and respondent shall have two class days from receiving the hearing notice to . provide the chair of the hearing board with the names of his/her witnesses or advisors, if such names are not already listed on the hearing notice. The complainant and respondent will receive a second notice containing this information no less than one class day prior to the hearing. 4. Either party may request, for good cause, that the hearing be postponed. 18 The chair of the hearing board may grant or deny such a request. . 5. The hearing shall be closed unless the respon dent requests an open hearing. If the con;plainant is a student or the complaint was filed on behalf of a student, both the respondent and complain ant must agree to an 'open hearing. The hearing board may close an open hearing at any time to maintain order or protect the confidentiality of information. 19 An open hearing is open to any member of the University community 6. The complainant and respondent shall be .. I I expected to appear at the hearing to present their cases. If appearance in person is not feasible, the hearing board may permit either party to present his/her case through other communication chan nels (phone, webcam, video conference, etc.). If the complainant fails to appear, the hearing board may either. postpone the hearing or dismiss the case. If the respondent fails to appear, the hear ing board may either postpone the hearing or hear the case in the respondent's absence. The respondent's failure to appear does not mean the respondent may be presumed to have committed · the violation in the complaint. 7. The complainant and respondent shall be entitled to : a. Receive a timely hearing. b. Call witnesses on their behalf. Witnesses must be members of the University community, unless the hearing board determines that they have direct knowledge of the alleged behav- ior in question. Witnesses may be present in the hearing only when testifying. Witnesses may submit written statements to the hearing board in lieu of attending only with the written permission of the chair of the hearing board. Expert or character witnesses are generally not allowed. The hearing board may limit the number of witnesses. ' c. Submit information in support of their posi tions. · d. Be accompanied to the hearing by an advisor, who must be a member of the faculty, staff, or student body of the University The respondent may have an attorney who is not a member of the faculty, staff, or student body at the hearing as his/her advisor if criminal charges related to the alleged violation are pending. If the respon dent is criminally charged with a sex offense related to the alleged violation when the hear ing occurs, the complainant may have an ~t­ torney present. at the hearing as his/her advisor. The advisor/attorney may be present through out the hearing but has no voice in the hearing unless the chair of the hearing board grants the attorney/advisor permission to participate. 20 e. Question any witness who appears at the hear ing. 8. The hearing board shall determine whether each allegation has been supported by a preponder- - ance of the evidence21 . If an allegation is not sup ported by i preponderance of the evidence, the respondent shall be found "not responsible" for that allegation~ If the allegation is supported by a prepon~erance of the evidence, the hearing board 17 The standard the chair of the hearing body shall follow in ruling on challenges for cause is whether, in light of the challenged person's knowledge of the case or personal or professional relationships with the complainant, respondent, or a witness, the challenged per~cm would be able to fairly and impartially hear the case. If the challenge is to the chair of the hearing body, the challenge shall be decided by the Senior Associate Vice President for Student Affairs and Services. 18 "Good cause" includes, but is not limited to, circumstances outside of a party's control, such as illness, death in the family, or a class conflict. 19 The hearing board described in this document should refer to University policies and applicable laws regarding confidentiality of information. 20 The chair shall normally grant permission for a student representative from the undergraduate student defender program to have vmce m the hearing. 20 SPARTAN LIFE-2010 may impose one or more of the sanctions listed in Section H of this Article. 9. The hearing board shall prepare a written report within five class days o( the hearing. The report shall include rationale for the hearing board's decision and notification of the right to appeal. A copy of the report shall be provided to the com plainant and respondent, who will be required to maintain the confidentiality of the document. F. Appeals 1. The University Student Appeals Board has juris diction over all appeals of decisions made by an administrator or hearing board under this Article. l. A respondent may appeal an adverse decision on the qasis that the information presented at the hearing dcies not support the deeision reached by the hearing board or the sanction imposed or recommended by the hearing board. 3. Either ~he complainant or respondent may appeal on the basis that applicable procedures were not followed or there was a conflict of interest with a member of the hearing board. 4. A written appeal must be filed with the chair of the University Student Appeals Board within five class days after the date on which the hearing board's decision was sent to the parties. Any sanc tions imposed will be held in abeyance while the appeal is pending. 5. The chair of the University Student Appeals Board shall take necessary precautions to avoid any conflict of interest on the part of the appel late board's members. Upon receipt of the appeal, the chair shall provide the complainant and respondent with written notice of the names of the members of the University Student App~als Board. Both the complainant and respondent shall have two class days from receiving such notice to challenge any member for cause. 6. The University Student Appeals Board shall review the case and the procedures used, request additional information if needed, and then do one of the following: a. Reject the appeal for lack of jurisdiction22 b. Affirm or reverse the original decision. c. Direct the original hearing board to rehear the case or to reconsider or clarify its decision. d. Conduct a hearing of its own, from which the University Student Appeals Board may affirm, reverse or modify the original decision. 7. The University Student Appeals Board shall issue a wljtten decision, including the rationale for its decision, within ten class days of convening to consider the appeal or conducting a hearing. A copy of the decision shall be provided to the com plainant and respondent, who will be required to maintain the confidentiality of the document. 8. Either party may file a written request with the Vice Prestdent to review a decision by. the University Student Appeals Board within five class days of the appellate board's decision. A request filed by the respondent must allege that the information presented at the appellate hear ing does .not support the decision reached, by the University Student Appeals Board or the informa tion presented at the hearing does not support the sanction imposed. Either the complainant or t.he respondent may file a request alleging that the applicable procedures were not followed or there was a conflict of interest with a member of the hearing board. The Vice Preside,.nt's decision · is final. G. Requests for Reconsideration Each hearing board shail make provision to allow a complainant or respondent to request reconsidera tion of a case within 30 calendar days of its decision on the basis that new information has arisen. 23 An exception to the 30-day time limit may be granted by the. appropriate hearing board only upon a show ing of good cause. H. Sanctions for Personal Misconduct Disciplinary sanctions imposed should be based on a consideration of all circumstances in a particular case, including a student's prior record of misconduct, if any. Such sanctions may include any one or more of the following: L Warning: An official written· statement expressing disapproval of the behavior and notifying the stu dent it must not occur again. 2. Probation: An official written statement establish ing a period of time for observing and evaluating a student's conduct and indicating that any addi tional violations may result in more severe disci plinary action. This period may be accompanied by stipulations, including but not limited to resti tution, participation in an educational program, or loss of specified Univ~rsity privileges. · . 3. Restitution: A requirement that a student pay for property damages or losses resulting from acts committed by the student, with the date by which the restitution must be completed. 4. Change of Residence: The student shall be required to move from his or her current on-cam pus residence, either to an off-campus location or to another location within the University housing system. 5. Other: The student may be required to participate in an educational program deemed appropriate to a specific case or set of behaviors or lose sped fied University privileges. 6. Suspension: A suspension is· temporary removal from the University for a particular period of time, at the conclusion of which the student is 21 A preponderance of the evidence is defined as that which is more convincing, more credible, and of a gr~ter weight. 22 The appellate body must reject the appeal for lack of jurisdiction if the written appeal does not articulate one of the permissible bases for appeal or if the appeal deadline had already elapsed when the appeal was filed. 23 For the purposes of this document, "new information'' is defined as relevant information or documents previously unavailable to the party, althpugh the party acted with due diligence to obtain such information. Student Handbook and Resource Guide 21 eligible to apply for readmission. A suspension · may also be a conditional suspension, in which case the student must demonstrate that he/she has fulfilled stated conditions prior to applying for readmission. 7. Dismissal: A dismissal is a permanent removal from the University Di5missal and suspension sanctions may be imposed only by the Vice President or Provost. A decision by the Student Faculty Hearing Board or University Student Appeals Board that includes the sanction of dismissal or suspension must be approved and implemented by the Vice Pr~sident or Provost, as appropriate. I. Urgent Disciplinary Cases If the Vice President is presented with credible information that a student's continued presence at - . Michigan State University poses a clear and pres ent danger24 to the health or safety of persons or property, the Vice President or his/her designee may temporarily suspend a student from the University Before temporarily suspending a student, the Vice President will make a reasonable attempt to notify the student of the potential interim suspension and offer the student an opportunity to present informa tion that he/she does not pose a threat to persons or property The interim suspension shall not preclude, render ir relevant, or predetermine the outcome of subsequent discipliµary action relating to conduct on which the interim suspension is based. Nor.shall an interim suspension create a presumption of guilt. Students placec:l on interim suspension may petition for rein statement at any time, with the following guidelines. 1. Such petitions will be considered by either the Vice President or the Provost (or their designees) as requested by the petitioner. 2. Within five class days after receipt of a student's petition, the Vice President or the Provost (or their designees) shall meet with the student for the sole purpose of deciding whethe• . to continue the interim suspension or grant reinstatement. 3. The ·outcome of the meeting shall not preclude, render irrelevant, or predetermine the outcome of subsequent disciplinary action. Students placed on interim suspension shall face disciplinary action for the underlying conduct pursu ant to this Article, regardless of where the conduct occurred. · II. Non-Academic Student .Grievances Any student (the "grievant") may file a grievance against a registered student organization, student governing group, or University employee alleging a violation of this document or a violation of the student group's. constitution, bylaws, or policies. Any student may also file a grievance pursuant to this section to challenge a University policy or regulation as being inconsistent with the guidelines established in this document. 25 Such grievances should be filed in writing with the Vice President. A. Informal Resolution Prior to filing a student grievance, the grievant should first attempt to resolve the grievance infor mally B. jurisdictional Findings A designee of the Vice President shall review the grievance and forward it to the ap:riropriate hearing board to determine whether it has jurisdiction to hear the case. The hearing board shall then forward a copy of the grievance to the respondent and invite a written response. After considering all submitted . information, the hearing board may: 1. Schedule a hearing. 2. Reject the request for lack of jurisdis;tion 26 and provide a written explanation for that decisi.on. 3. Invite all parties to meet with the hearing board for an 'informal discussion of th~ issues. Such a discussion shall not preclude a subsequent hearing. C. Heari.ng Procedures 1. At least five, class d~ys prior to a hearing, the parties shall receive written notification of the hearing from the appropriate hearing board. This notice of hearing shall include: a. The date, time, and location of the hearing; b. The names of the hearing board members; and c. The names of the parties' witnesses and advi- sors (if known). ' 2. Both the respondent and grievant shall have two class days from receiving the I1earing notice to challenge any hearing board members for cause.27 3. The parties shall have two class days from receiv~ ing the hearing notice to provide the chair of the hearing board with the names of their witnesses and advisors, if such names are not already listed on the hearing notice. Both parties will receive a second notice containing this information no less than one class day prior to the hearing. 4. Either party rp.ay request, for good cause, that the hearing bi;. postponed. 28 The chair of the hearing board may grant or deny such a request. 5. The hearing shall be open unless the hearing board determines that the hearing should be 24 A "clear and present danger to the health or safety of persons or property" is defined as an immediate and significant danger. 25 A designee of the Vic1'. President will'identify the appropriate respondent in grievances that are fil.ed to challenge a University policy °.r regu- lation. · 26 The hearing board must reject the grievance for lack of jurisdiction if the grievance does not articulate one of the appropriate bases for a , grievance. . 27 The standard the chair of the hearing body shall follow in ruling on challenges for cause is whether, in lighr of the challenged person's . knowledge of the case or personal or professional relationship with a party or a witness, the challenged person would be able tq fairly and impartially hear the case. If the challenge is to the chair of the hearing body; the challenge shall be decided by the Semor A_ssociate VICe President for Student Affairs and Services. 22 SPARTAN LIFE-2010 I I I t closed to protect the confidentiality of informa tion. An open hearing is open to any member of the University community. The hearing board may close an open hearing at any time to main tain order or protect the confidentiality of infor mation. 6. Both parties are expected to appear at the hear ing to present theii cases. If appearance in per son is not feasible, the hearing board may per mit either party to present its case through other communication channels (phone, webcam, video conference, etc.). If the grievant fails to appear, the hearing board may either postpone the hearing or dismiss the case. If the respondent fails to appear, the hearing board may either postpone the hearing or hear the case in the respondent's absence. The respondent's failure to appear shall not result. in any presumption favoring the grievant. 7. Both parties shall be entitled to: a. Receive a timely hearing. b. Call witnesses on their behalf. Witnesses must be members of the University community, unless the hearing board determines that they · - have direct knowledge of the matter at issue. Witnesses may be present in the hearing only when testifying. Witnesses may submit writ ten statements to the hearing board in lieu of attending only with the written permission of the chair of the hearing board. Expert witness es are generally not allowed. The hearing board may limit the number of witnesses. c. Submit information in suppo; t of their posi tions. d. Be accompanied by an advisor, who must be a member of the faculty, staff, or student body of the University. The advisor may be present thr:oughout the hearing but has no voice in the hearing unless the chair of the hearing board grants the advisor permission to participate in the he,aring. 29 e. Question any witness who appears at the hearing. 8. The hearing board shall determine whether the allegation has been supported by a preponder ance of the evidence30. If the allegation is not supported by a preponderance of the evidence, the grievance 1shall be decided in favor of the respondent. If the allegation is supported by a preponderance of the evidence, the hearing board may impose one or more of the sanctions listed in Section D below. 9. The hearing board shall prepare .a written report within five class days of the hearing. The report shall include the rationale for the hearing board's decision and notification of the right to appeal. The hearing board will send a copy of its report to both parties, who will be required to maintain t he confidentiality of the document. D. Sanctions l. Warning: An official written statement express ing disapproval of the behavior and notifying the respondent it must not recur. 2. Warning Probation: An official written state ment establishing a period of time for observing and evaluating a student group's conduct and indicating that further violations may result in more severe consequences. This probation may be accompanied by conditions. 3. Revocation of privileges for a registered student organization: or student governing group. 4. Revocation of registration of a student organiza tion. 5. Other action deemed appropriate to the specific case. 6. A formal recommendation to the appropriate administrator to correct the action, policy, or regulation in question. E. Appeals Either party may appeal the decision of the hearing board on the basis that (1) the information presented does not support the decision reached by the hearing board, (2) the. inform~tion presented does not sup port the sanction imposed or recommended by the hearing board, or (3) the procedures described above for adjudicating the case were not followed. A written appeal must be filed with the chair of the University Student Appeals Board within five class days after the hearing board's report has been sent to the parties. Any sanctions imposed will be h~ld in abeyance w~ile the appeal is pending. F. Temporary Restraining Actions 1. The codes of operation for student judiciaries described in Article 4 of this document shall include provisions for expedited consideration of urgent cases in which a restraining action is sought because (1) a group action alleg- edly threatens immediate and irreparable harm through action contrary to the constitution of any undergraduate or graduate student govern ing group within the judiciary's jurisdiction; or (2) a regulatfon or administrative decision alleg edly threatens immediate and irreparable harm through infringement of rights defined by this document. 2. Upon receipt of such a request, the relevant hear- · ing board shall conduct a preliminary review to determine whether a temporary restraining action is appropriate. This review should include oppor tunity for both the grievant and the respondent to present information, either in writing or in person at the discretion of the hearing board. The purpose of the review is to consider the nature 28 "Good cause" includes, but is I}Ot limited to, circumstances outside' of a party's control, such as illness, death in the family, or a class conflict. 29 The chair shall normally grant permission for a student representative from the undergraduate student defender program to have voice in the hearing. 30 A preponderance of the evidence is defined as 'that which is more convincing, more credible, and of a greater weight. Student Handbook and Resource Guide 23 and potential extent of irreparable harm and other alternatives to remedy the situation. The review shall not preclude, render irrelevant, or predetermine the outcome of the ultimate deci sion of the hearing board on the grievance in question. 3. If. the hearing board decides to take a temporary restraining action, the appropriate individual, group, or administrative unit shall be required to postpone or withdraw the action in question pending a hearing on the merits .of the grievance by the appropriate hearing board. 4. The hearing board shall make every reasonable effort to meet whatever exigencies of time may exist in such a case. If necessary, the hearing board may announce its decision regarding a temporary action without a written statement of ·its reasons, provided that such a statement of its reasons shall be made available to the parties as soon as is reasonably possible. ARTICLE 6 ACADEMIC HEARING BOARP STRUCTURES This Article describes the composition and jurisdiction of all academic hearing boards that hear cases involving. under graduate students. Academic hearing boards that hear cases involving graduate students are described in the Graduate Student Rights & Responsibilities document. Non-academic hearing boards are described in Article 4 of this document. I. Department/School Level Hearing Boards A. Jursidiction Department/school hearing boards shall h-ave initial jurisdiction over student academic grievances alleg ing violations of student academic rights. Depart ment/school hearing boards also have jurisdiction over student grade disputes. B. Composition Department/school hearing boards shall be com prised of an equal number of undergraduate students and faculty and shall be drawn from the pool of potential hearing board members, as defined by the relevant department/school/college procedures. Those not sele'cted shall serve as alternates. In addition, the chair of the hearing board shall be selected according to relevan,t department/school procedures and shall serve withou vote, except in event of a tie. C. Terms of Office . Terms of office shall be governed by department/ school hearing board procedures. Students and faculty shall be selected for thei~ department/school hearing board by the end of the tenth week of spring semester for the upcoming summer semester. Depart ment/school hearing board procedures shall include provisions for filling vacancies, including provisions for .appointments on an interim basis during summer semester. D. Decisions . Department/school hearing boards may recommend whatever redress it may consider appropriate to the specific case. E. Appeals Decisions of department/school hearing boards may be appealed to the University Academic Appeal Board. II. College Level Hearing Boards A. Jurisdiction College hearing boards serve as initial hearing boards for (1) allegations of violations of student academic rights in colleges without departments; (2) allega tions of violations of student academic rights when the department/school hearing board has waived jurisdiction; (3) academic disciplinary .hearings involving academic misconduct (including violations of professional standards )31; ( 4) allegations of viola tions of student academic rights occurring in courses or programs offered by a college, including integrative studies centers; and (5) cases of ambiguous jurisdic tion in which the Associate Provost for Undergradu ate Education has selected the board as the appropri ate college hearing board. B. Composition College hearing boards shall be comprised of an equal number of undergraduate students and faculty and shall be drawn from the pool of potential hearing board.members, as defined by the relevant department/school/college procedures. Those not se lected shall serve as alternates. In addition, the chair of the hearing board shall be selected according to relevant c~llege procedures and shall serve without vote, except in event of a tie. C. Terms of Office Terms of office shall be governed by college hear ing board procedures, Students and faculty shall be selected for their college hearing board by the end of the tenth week of spring semester for the upcoming summer semester. College hearing board procedures shall include provisions for filling vacancies, includ ing provisions for filling appointments on an interim basis during summer semester. D. Decisions' In cases involving allegations of violations of stu dent academic rights, a college hearing board may make whatever recommenqatigns on redress it may consider appropriate to the specific case before it. In cases involving academic disciplinary" hearings, college hearing boards shall have available to therri the full range of sanctions listed in Article 7, Section VI below. E. Appeals The decision of a college hearing board that served as the initial hearing board for alleged violations of student rights may be appealed to the University Academic Appeal Board. The decision of a. college hearing board, acting as a disciplinary hearing body, 31 See Article 7, Section V and the the Integrity of Scholar;;hips and Grades policy 24 SPARTAN LIFE-2010 for an allegation of academic misconduct by an un dergraduate student may be appealed to the Univer sity Academic Appeal Board. Ill. University Academic Integrity Hearing Board A. Jurisdiction The University Academic Integrity Hearing Board. shall have jurisdiction over academic grievances brought by a student to contest a penalty grade based on a charge of academic misconduct. B. Composition The University Academic Integrity Hearing Board shall be comprised of three faculty members, exclud ing the chair, and three undergraduate students drawn from a pool representing each college. The pool shall consist of at least two faculty members and two undergraduate students from each college. The chair of the hearing board will be a faculty member with seniority and will serve without vote, except" in the event of a tie. Members of the Univer sity Academic Integrity Hearing Board selected to hear a case shall include at least one faculty member and one undergraduate student from the college in which the alleged violation occurred and at least one faculty member and one undergraduate student from the college in which the student is enrolled (if applicable). Those not selected from the pool will serve as alternates. The Office of the Provost shall provide necessary support services for the University Academic Integrity Hearing Board. C. Terms of Office Student members of the University Academic Integ rity Hearing Board shall serve for two years, with the opportunity for reappointment for one additional two-year term. Faculty members shall serve for three years, with the opportunity for reappointment for one additional three-year term. All terms of office shall begin With the summer semester following ap pointment. D. Decisions The University Academic Integrity Hearing Board shall have available to it the full range of sanctions listed in Article 7, Section VI below. In addition, the Board may make whatever recommendations to the appropriate dean that it may consider appropriate to the specific case before it. E. Appeals Decisions of the University Academic Integrity Hearing Board may be appealed to the University Academic Appeal Board. IV. University Academic Appeal Board A. Jurisdiction The University Academic Appeal Board shall have appellate jurisdiction over (1) decisions by the University Academic Integrity Hearing Board in cases ,involving penalty grades for academic misconduct; (2) decisions by a college hearings boards acting as a disciplinary hearing body for an allegation of academic misconduct by an undergraduate student, and (3) decisions by department/school and college hearing boards in cases involving academic griev- ances alleging violations of student rights. B. Composition The University Academic Appeal Board shall be com prised of three faculty members, excluding the chair, and three undergraduate students drawn from a pool · representing each college. The pool shall consist of at least two faculty members and two undergraduate students from each college. The chair of the hear- ing board will be a faculty member with seniority and will serve without vote, except in the event of a tie. Members of the University Academic Appeal Board selected to hear a case shall include at least one faculty member and one undergraduate stu- dent from the college in which th~ alleged violation occurred and at least one faculty member and one undergraduate student from the college in which the ·student is enrolled (if applicable). Those not selected from the pool will serve as alternates. The Office of the Provost shall provide necessary support services for the University Academic Appeal Board. C. Terms of Office Student members of the University Academic Appeal Board shall serve for two years, with the opportunity for reappointment for one additional two-year term. Faculty members shall serve for three years, with the opportunity for reappointment for one additional three-year term. All terms of office shall begin with the summer semester following appointment. D. Decisions · If the University Academic Appeal Board agrees to hear an appeal of an academic disciplinary decision, the Board shall have available to it the full range of sanctions listed in Article 7, Section IV of this docu - ment. If the University Academic Appeal Board agrees to hear an appeal of an academic grievance decision, the Board may recommend any redress it considers appropriate to the specific case before it. · E. Appeals All decisions of'the University Academic Appeal Board are final unless appealed , to the Provost, who may affirm or reverse the decision,,reduce the sanc tion imposed, or direct that the case be reheard. ARTICLE 7 ADJUDICATION OF ACADEMIC CASES The University undertakes, within the limits of its resources and the limits imposed by due respect for the professional rights of the faculty, to supply an appropriate remedy for legitimate student grievances. The limits of the University's resources proceed from factors that, while subject to its influJ ence, are not always subject to its Control. t. Academic Grievances A. For the purposes of this Article, a grievance is an allegation filed by a student ~ainst a faculty or staff member w1thm the nme ·penods set forth in Section III. C below. B. A grievance may (1) allege a violation of any of the academic rights of students under this document, Student Handbook and Resource Guide 25 (2) challenge an academic evaluation on the grounds that the evaluation was based entirely or in part upon factors (e.g., race, sex, personal animus) other than a good faith judgment of the student's academ ic performance, including compliance with applicable professional standards, or (3) contest a penalty grade based on a charge of academic dishonesty.32 C. A student who has been dismissed by a college for lack of academic progress may file a grievance under this section alleging procedural violations. Students may not file a grievance challenging such a decision . to dismiss on substantive grounds. D. Where an instructor or a committee has rendered a judgment regarding a student's academic perfor mance, that judgment is presumed to be made in good faith and the grievarit bears the burden of proving the contrary, with the exception of allega tions of academic dishonesty. In those cases, the instructor bears the burden of proof. II. Academic Complaints A. For the purposes of this Article, a complaint is an allegation filed by a member of the University com munity against a student within the time periods set forth in Section Ill. C below. B. A complaint may allege academic dishonesty, viola tion of professional standards, or falsification of aca demic or admissions records33 ("aeademlc" miscon duct"). (See also Integrity of Scholarships and Grades policy.) III. Filing a Request for an Academic Grievance Hearing A. If problems arise in the relationship between instruc tor and student, they should attempt to resolve them in informal, direct discussions. If the problem remains unresolved, they should consult the unit administrator. If the problem remains unresolved, the student may file a request for a grievance hearing. B. To file a request for a' grievance hearing, the stu dent must submit a written, signed statement that contains the ,following information to the chair of the hearii:ig board of the department/school within · which the violation is alleged to have occurred. In cases of ambiguous jurisdiction, the appropri- ate college hearing board will b,e selected by the Associate Provost for Undergraduate Educa~ion (''.Associate Provost"). Anonymous grievances will not be accepted. 1. The specific basis for the grievance; 2. The person(s) against whom the grievance is filed; and 3. A concise statement of the sanction or remedy sought. C. Grievances must be filed not later than th~ middle of the semester (including summer semester) follow ing the one in which the event which is the basis for the grievance occurred. If the middle of the semester falls during a scheduled vacation period when stu dents are not enrolled for classes, the grievance must be filed on the first class day after the vacation peri od. If either party to a grievance is absent from the University during that semester, or if other appropri ate reasons exist, an exception to this time limit may be granted. If either party to the grievance leaves the University prior to its resolution, the grievance may proceed at the discretion of the chair of the hearing board. IV. judicial Procedures A. Departments/colleges/schools shall establish hearing board procedures consistent with this document. A cppy of these procedures shall be filed with the dean's office and the Office of the Ombudsman. Units shall review their hearing board procedures every five years. B. Grievance hearings normally must be initiated at the department/school level. With the approval of the relevant college dean, departments/schools may waive jurisdiction over a grievance and refer it to the college hearing board. C. Each department/school/college shall provide train ing to its hearing board members regarding its hear ing procedures and the requirements of this docu ment. D. •The adjudication of grievances and complaints shouid proceed in a timely manner, as described below. 1. Within five class days of its receipt, the chair of the hearing board shall forward a copy of the request for a complaint/grievance hearing to the hearing board members and to the respondent. 2. The chair of the hearing board shall take neces sary precautions to avoid any conflict ofinterest on the part of the hearing board's members. The chair of the hearing board must prompdy notify each party of the names of the. hearing board members. Within three days of that notice, either party may submit a written challenge to the chair .of the hearing board seeking to remove any member of the hearing board for cause. The ' challenge must explain the cause for removing the hearing board member. If the chair of the hearing board is the subject of the challenge, the challenge- ~hould be filed with the unit admin istrator.34 3. The chair of the hearing board or unit admin istrator shall rule promptly on any challenge, replace any removed hearing board member 32..., Instructors and deans seeking sanctions for academic dishonesty other than, or in addition to, penalty grades must file a compl~intunder Section II.B of this Article. 33 Allegations of falsifica~n of records submitted for admission to the University are processed through the Office of the Provost to determine whether the individual's admission Will be rescinded. A decision by the Associate Provost for Undergraduate Education or the Dean of the Graduate School (as appropriate) to rescind admission may be appealed to the Provost within ten calendar days of the decision. Allegations of falsification of records .submitted by a current student for admission to a school, college, or program are handled through the academic disciplinary process as allegations of academic misconduct. 26 SPARTAN LIFE-2010 from the pool of hearing board alternates, and • promptly forward the name of the new hearing board member to the parties. 4. Within five class days of being established, the hearing board shall review the request for a complaint/grievance hearing to determine whether it meets the requirements established by this Article. If it does, the chair of the hear ing board shall invite a written response from the respondent. After considering the submitted documents, the hearing board shall: a. Accept the request, in whole or in part, and schedule a hearing. b. Invite the parties to meet with the hearing board to attempt to informally resolve the . dispute. Such discussion does not preclude a later hearing. c. Reject the request for lack of jurisdiction35 and refer the case to the appropriate hearing board (if any). 5. At least five days prior to the hearing, the chair of the hearing board shall provide the parties with written notice of the hearing. This notice shall include: a. The names of the parties; b. A copy of the request for a complaint/griev ance hearing and the response to it; and c. The date, time, and place of the hearing. 6. At least three class days prior to the hearing, the parties shall provide the chair of the hearing board with the names of their witnesses (if any) and advisor (if any). The chair of the hearing board shall forward this information to both parties prior to the hearing. 7. Any amendment to a complaint/grievance must be filed at least five class days before the hearing. 8. Either party may request, with good cause 36, that the chair of the hearing board postpone the scheduled hearing. The chair may grant or deny the request. 9. Each party is expected to appear at the hearing and present his/her case to the. hearing board. If it is not feasible for a party to appear in per son, the hearing board may permit that party to present his/her case to the hearing board through other available communication channels (phone, webcam, video conference, etc.). 10. The chair of the hearing board may permit either party to submit a written statement from a witness to the hearing board and to the' opposing party if the witness is unavailable to testify at the hearing in person or by another means of communication. The statement must be submitted at least three 'class days before the scheduled hearing. 11. Should the respondent fail to appear at .a sched uled hearing, in person or through another com munication channel, the hearing board may (a) postpone the hearing if an acceptable excuse for the abstnce has been offered, (b) hear the case in the absence of the party, or (c) dismiss the case. SQ.puld the grievant/complainant fail to appear at a scheduled hearing, in person or through another communication channel, the . hearing board may (a) postpone the hearing if an acceptable excuse for the absence has been offered, or (b) dismiss the case. 12. The hearing board shall maintain a collegial atmosphere in hearings. 13. Hearings are closed unless an open hearing is . requested by the student. An open hearing is ~ open to any member of the University com munity The hearing board may close an open hearing to maintain order or protect the confi- ' dentiality of information. 14. Each party may choose to be accompanied to the hearing by a member of the faculty, staff, or student body of the University who is serv ing as that party's advisor. The respondent may be accompanied to the hearing by an attorney who is not a member of the faculty, staff, or student body if criminal charges related to the subject matter of the complaint/grievance are pending against the respondent at the time of the hearing. If the respondent is charged with a sex offense related to the subject matter of the grievance/complaint when the hearing occurs, the complainant may have an attorney present at the hearing as his/her advisor. The advisor/ , attorney may be present throughout the hearing but has no voice in the hearing unless the chair of the hearing board grants the attorney/advisor permission to participate. 37 15. Witnesses must be members of the University community, unless the hearing board determines that they hav~ direct knowledge of the matter at issue. Witnesses may be present in the hearing only when testifying. Expert witnesses are gen erally not aJlowed. The hearing board may limit the number of witnesses. 16. During the hearing, each party shall have an opportunity to make an opening statement, present evidence, question witnesses, ask ques tions of the opposing party, present a rebuttal, and present a closing statement. The chair of the hearing board may set time limits on each party's presentation. E. The hearing board shall render a decision and pre pare a written report of its findings and supporting 34 The standard to be used in ruling on challenges is whether, in light of the challenged person's knowledge of the case or p~rsonal or profes sional relationships with a party or witness, the challenged person would be able to fairly and impartially hear the case. 35 ·The hearing board must reject the complaint/grievance if the written complaint/grievance does not contain the information required in Section Ill.B above, if it has been filed with the wrong hearing board, or if the deadline for filing a grievance/complaint had already elapsed when it was filed. 36 "Good cause" includes, but is not limited to, circumstances outside of a party's control, such as illness, death in the family; or a class conflict. Student Handbook and Resource Guide 27 rationale. As part of its decision, the hearing board shall recommend what, if any, redress or sanction should be implemented by the appropriate unit administrator. 38 The chair of the hearing board shall forward copies of the report to the appropriate unit administrator within three class days of the hearing. F. Upon receipt of the hearing board's report, the appropriate unit administrator, in consultation with the hearing board, shall determine an appropriate redress or sanction within three class days. The chair of the hearing board will immediately forward copies of the final decision to the parties, the unit adminis trator who will implement the redress or sanctions, and the University Ombudsman. All recipients of the report are expected to respect the confidentiality of the report. If an appeal is filed pursuant to Section VII below, any redress or sanctions imposed will be held in abeyance while the appeal is pending. G. Either party to a hearing may request reconsideration of a hearing board's recommendation within 30 days of the hearing board's decision on the basis that new evidence has arisen. H. At any time during the grievance/complaint hearing process, the parties may consult with the Office of the Ombudsman. V. Academic Disciplinary Hearings A. In cases in which a complaint is filed-against an undergraduate student for academic misconduct and the student's dean has requested an academic disci plinary hearing, the complaint will be forwarded to the Associate Provost. 39 ' B. Upon receiving a complaint, the Associate Provost shall promptly notify the st.udent in writing that he or she has been accused of academic miscon duct and that the student's deari has requested an academic disciplinary hearing. The student shall be required to meet with the Associate Provost to dis cuss the alleged academk misconduct and review the academic disciplinary hearing process. The Associate Provost also will inform the student of his or her right to contest the allegation before the University Academic Integrity Hearing Board. C. The student shall have ten class days to request an academic grievance hearing to contest a penalty grade based on a charge of academic dishonesty. If the student files a request for a grievance hearing, the student will not meet" with the Associate Provost until the University Academic Integrity Hearing Board has heard the student's academic grievance and all appeals, if any, are final. If the University Academic Integrity Hearing Board determines that the student did not commit academic dishonesty, the student will not face any additional sanctions based on that charge. has requested an academic disciplinary hearing for a complaint involving the violation. of professional standards, the Associate Provost will meet with the student to determine the appropriate college hearing board for the hearing and review the academic disci plinary process. E. In cases in which the student's dean (or designee) has requested an academic disciplinary hearing for a complaint involving academic misconduct other than violation of professional standards, the Associate Provost will meet with tl;ie student to discuss the allegations and ask the student to select either an administrative hearing conducted by the Associate Provost or a disciplinary hearing con ducted by the appropriate college hearing board. If the student chooses to have a college hearing, the Associate Provost will forward the complaint to the chair of the appropriate college hearing board. If the student requests an administrative hearing, the Associate Provost will proceed with the hearing. F. A student who admits his/her academic misconduct to the Associate Provost waives the right to a hear ing to contest the allegation. In such a situation, the Associate Provost shall impose an appropriate redress or sanction for the academic misconduct. The student may appeal the appropriatenes~ of the sanction/redress imposed to the University Academic Appeal Board. G. If a student fails to mee,t with the Associate Provost when so required by this Article, the academic mis conduct complaint will be referred to the appro- priate college hearing board. (See also Integrity of Scholarship and Grades Policy and General Student Regulation 1.00: ProtectioD: of Scholarship and Grades.) H. In cases of ambiguous jurisdiction, the Associate Provost will select the appropriate college hearing board. VI. Sanctions for Academic Misconduct The academic disciplinary sanctions imposed on a stu dent should be based on a consideration of all circum stances in a particular case, including the student's prior record of academic misconduct, if any. Such sanctions may include one more of the following: A. · Warning: An official written statement expressing disapproval of the behavior and notifying the stu dent that it must not recur. B. Probation: An official written statement establishing a period of tigie for observing and evaluating a stu dent's conduct 'and indicating that further academic misconduct may result in more severe disciplin- ary action. This probation may be accompanied by stipulations, including, but not limited to, restitution, participation in an educational program, or the loss of specified priyileges. D. In cases in which the student's dean (or designee) C. Restitution: A requirement that a student pay for 37 The chair shall normally grant permission for .a student representative from the undergraduate student defender program to have voice in the hearing. 38 The appropriate unit administrator is generally the head of the unit in which the hearing occurred. 39 An academic dean may request additional sanctions only in accordance with the Integnty of Scholarships and Grades Policy 28 SPARTAN LIFE-2010 I I property damages or losses resulting from acts com mitted by the student, with the date' by which the restitution must be completed. D. 0ther: The student may be required to participate in an educational program deemed appropriate to a specific .case or set of behaviors or lose specified University privileges. E. Suspension: A suspension is temporary removal from the University or a Clepartment/school/college for a particular period of time, at the conclusion of which the studeqt is eligible to apply for readmission. A suspension may also be ~ conditional suspension, in which case the student must demonstrate that he! she has fulfilled stated conditions prior to applying for readmission. F. Dismissal: A dismissal is a perm~nent removal from the University or a department/school/college. Only the University Academk Appeal Board and the Associate Provost may impose the sanctions of sus pension of dismissal from the University Only the dean of the relevant college and the University Academic Appeal Board may impose the sanction of suspension or dismissal from a school/college. VII. Appeals to the University Academic Appeal Board. A. Appeals must be filed within five class dfiys fol lowing the date of the hearing board's decision and may challenge the substance of the decision and/or the procedur~s employed in the adjudication. Any redress or sanctions imposed will be held in abey ance while the appeal is pending. B. Appeals must be written and signed by the party filing the appeal and must specify the basis for appeal in sufficient detail to justify further proceed ings. Presentation of new evidence will normally be inappropriate at an appeal hearing, unless the information was previously unavailable to the party submitting it and the party acted with due diligence to obtain such evidence. C. The chair of the University Academic Appeal Board shall take necessary precautions to avoid any conflict of interest on the part of the appeal board's mem bers. The chair must promptly notify each party of the names of the appeal board members and provide either party with an opportunity to file a written challenge to any hearing board member for cause. If the chair is the subject of the challenge, the written challenge should be filed with the Associate Provost. D. The University Academic Appeal Board shall review the appeal and forward a copy of the appeal to the ~ other party and invite a written response. After con sidering the appeal and response, the board may: 1. Decide that it does not havejurisdiction40 and let the decision of the initial hearing board stand; 2. Dired the initial hearing board to .rehear the case or to reconsider or clarify its decision; or 3. Decide that sufficient reasons exist for an appeal and schedule an appellate hearing in a timely ------- manner E. When the University Academic Appeal Board finds that an academic grievance has merit and that redress is possible, it shall recommend that redress be provided. The relevant academic .dean, after reviewing the decision of the appt!al board, shall implement an appropriate remedy F. The Univ:ersity'Academic Appeal Board shall issue findings and re<:ommendations in a written report that includes its supporting rationale whhin ten class days of the appeal hearing. The appeal board may ' affirm, reverse, or modify the decision of the hearing board. 1)1e appeal board also may dl.rect the initial hearing 'board to rehear the original · complaiht/ grievance. ARTICLE 8 REGULATIOINS. POLICIES. AND RULING The University community's. expectations for student and group conduct which hold the potential for disciplinary action shall be promulgated as General Student Regulations, Student Group Regulations, Living Group Regulations, and All-University Policies as defined herein. Administrative deci sions which mediate the flow of services and privileges in the operation of the University are Administrative Rulings. All regulations, policies, and rulings promulgated by the Univer- . sity shall be consistent with this document. I. General Student Regulations A. General Student Regulations shall be those regula tions established within the University community to secure the safety of members of the University community and University facilities, maintain order, and ensure the srn;cessful operation of the institu- . tion. Such regulations shall apply to all students, regardless of class level, place of residence, or group affiliation, as well as to all governing bodies, govern ing groups, living groups, and registered student organizations. B. Any governing body, governing group, living group, or registered student organization or any individual student, facultK or staff member may propose · amendments to the General Student Regulations by submitting that proposal to the University Committee on Student Affairs. The University Committee on Student Affairs may also propose amendments to the General Student Regulations. C. Proposals submitted to the University Committee on Student Affairs may be approved or rejected. If rejected, the University Committee on Student Affairs shall forward a written explanation to the initiator of the proposal. The explanation may include sugges tions for modification of the proposal. If approved, the University Committee on Student Affairs shall forward the proposal to the Academic Council. 40 The University Academic Appeal Board must reject the appeal for lack of jurisdiction if the written appeal does not articulate one of the permissible bases for appeal or if the appeal deadline had already elapsed when the appeal was filed. Student Handbook and Resource Guide 29 D. The Academic Council may approve or reject the . proposal. If the Academic Council rejects the pro posal, a written explanation of the rejection shall be forwarded to the University Committee on Student Affairs. The written explanation may include sugges tions for modification of the proposal. If the propos al is approved, the Academic Council shall forward the proposal to the President. E. The President may approve or reject the proposal. If the President rejects the proposal, a written expla nation of the rejection shall be forwarded to the University Committee on Student Affairs. The written explanation may include suggestions for modifica tion of the proposal. If the proposal is approved, the amendment shall take effect upon its approval by the President. II. Student Group Regulations · A. Student Group Regulations shall be those regulations established within the University community to govern the conduct of the constituent members of a governing body or a governing group and the activi ties of living groups and registered student organiza tions under a governing body or governing group's jurisdiction. Such Regulations shall apply only to the students, bodies, groups, and organizations specified by the Regulations. B. Any constituent member of a govern1ng body or governing group or any living group or registered student organization under its jurisdiction may pro pose amendments to the Student Group Regulations by submitting that proposal to the governing body or group with the appropriate legislative author- ity A.governing body or governing group may also propose amendments to the General Student Regulations. C. Proposals submitted to the appropriate student gov erning body (ASMSU or COGS) may be approved or rejected. If rejected, the student governing body shall forward a written explanation to the initiator of the proposal. The explanation may include suggestions for modification of the proposal. If approved, the student governing body shall forward the proposal to the University Committee on Student Affairs. D. The University Committee on Student Affairs may approve or reject the proposal. If rejected, ·the University Committee on Student Affairs shall forward a written explanation to the appropriate student governing body (ASMSU or COGS). The explanation may include ,.suggestions for modifica tioh of the proposal. If approved, the proposal shall be forwarded to the Vice President for Student Affairs and Services E. The Vice President for Student Affairs and Services may approve or reject the proposal. If the Vice President rejects the proposal, a written explanation of the rejection shall be forwarded to the University Committee on Student Affairs. The explanation may include suggestions for modification of the proposal. If the proposal is approved, the amendment shall take effect upon its approval by the Vice President. III. Living Group Regulations A. living Group Regulations shall bi:_ th9se regulations established within the University community to gov ern the conduct of residents and other students who are visitors and guests while within the building or buildings defining the living grouP.- Such Regulations shall apply to all students regardless of class level, place of residlnce, or group affiliation. B. Any constituent member• of a living group may propose amendments to that group's living Group Regulations by submitting such proposals to the living group with appropriate legislative authority living groups may also propose amendments to their own living Group Regulations. C. Proposals submitted to the living group may be ' approved 01; rejected. If rejected, the living group shall forward a written explanation to the initiator of the proposal. The explanation may include sugges tions for modification of the proposal. If approved, the living group .shall forward the proposal to the appropriate student governing body D. The student governing body may approve or reject the proposal. If rejected, .the student governing body ?hall forward a written explanation to the initiator of the proposal. If approved, the student governing body shall forward the proposal to the University Committee on Student Affairs. E. The University Committee on Student Affairs may approve or reject the proposal. If rejected, the University Committee on Student Affairs shall for ward a written explanation to the appropriate stu dent governing body The explanation may include suggestions for modification of the proposal. If approved, the proposal shall be forwarded to the Vice President for Student Affairs and Services. F. The Vice President for Student Affairs and Services may approve or reject the proposal. If, the Vice President rejects the proposal, a written explanation of the rejection shall be forwarded to the University Committee on Student Affairs. The explanation may include suggestions for modification of the proposal. If the proposal is approved, the amendment shall take effect upon its approval by the Vice President. IV. All-University Policies A. All-University Policies shall be policies established within the University community to define and prescribe broad areas of institutional concern. Such policies shalh1pply to the individuals, groups, and organizations specified by the policies. B. All-University Policies are established by the Board of Trustees, usually following University-wide discus- . sion and endorsement or as the result of a recom mendation by an administrative unit or committee. It is the expectation that the appropriate ~cademic governance bodies will be provided with an oppor tunity to review and provide input on such Policies as part of the approval process. All-University Policies may also be initiated and enacted by the Board itself. 30 SPARTAN LIFE-2010 V. Administrative Rulings A. Administrative Rulings shall be those policies, pro cedures; -and practices established to implement the functions of the University's various administrative units. Such Rulings shall apply to' the individuals, groups, and organizations specified by the Rulings. The various administrativ~ units are. delegated authority, by the Board of Trustees· through the President, to establish Administrative Rulings. B. The process by which Administrative Rulings are . developed shall be consistent with the legislative and advisory duties and prerogatives of the re~evant aca demic governance bodies. The process shall r~flect eoncern for student input when the substance of a ruling affects students. C. When a student is alleged to be noncompliant with an Administrative Ruling that may result in disci plinary action under Article 5 of this document, the relevant unit administrator shall invite the student to a meeting to allow the student an opportunity to clarify the situation. 1. The administrator shall determine whether the alleged noncompliance may violate a General Student Regulation, Student Group Regulation, 'or Livi!).g Group Regulation, or an All-University Policy If so, the administrator may refer the stu dent for disciplinary action under Article 5 of this document. 2. · The administrator shall assess the situation and decide whether any interim or temporary non disciplinary actions must be taken during the pendency of his/her investigation (if applicable) or to prevent similar acts from occurring. The administrator may not impose disciplinary sanc tions against a student without going through the judicial process described in Article 5 of this document. · ' 3. The administrator shall notify the student, in writing, of any non-disciplinary action taken here, the rationale for the action, and whether the Administrative Ruling provides any avenue of appeal of the decision. The student may chal lenge the Administrative Ruling itself pursuant to Article 5, Section II of this document. ARTICLE 9 INDEPENDENT AND UNIVERSITY-SUPPORTED STUDENT PUBLICATIONS I. Definitions A. ,Independent student publications: Publications that are prepared and distributed, as least in part, by stu dents and that are not .funded by the administrative units of the University. Independent student publi cations are typically publications of student living units, governing groups, registered student organiza tions, or student groups. B. University-supported student publications: Publications that receive funding from administrative units of th~ University. II. General Guidelines A. Students and student groups shall have maximum freedom to express opinions and communicate ideas by preparing and distributing independent student publications. ., B. The University shall neither authorize nor prohibit the solicitation of advertising by an independent stu dent publication. C. Administrative units may provide advice and coun sel, but all University-supported student publications shall be guaranteed freedom of content and editorial policy D. The withdrawal of financial support as a means of censorship over those University-supported student publications which are in substance a forum for free speech is recognized to be inappropriate. E. Every publ"cation shall identify the agency, group, or organization responsible for its preparation and dis tribution. F. Regulations governing distribution of publications shall apply equally to all publications. G. 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 for the living unit. Each on-campus living unit shall decide what policies shall be formulated for distribution of publications within that living unit. H. For buildings other than organized living units, the Secretary of the Board of Trustees and the all University student governing bodies, after consulta tion with the administrative, faculty, and student occupants of the building, shall determine desig nated places for the of distribution of publications. I. Publications may be distributed in living units, class room buildings, and office buildings, but only in the places established through the procedures described above. Hand-to-hand distribution is permitted in all public areas of campus buildings, subject only to building security and access rules and such limita tions as are necessary to prevent interference with scheduled University activities. ]. Publications may be distributed shall be permitted outside campus buildings, subject only to such limi tations as are necessary to prevent interference 'with the use of streets, sidewalks, and building entrance5 for other purposes. K. The offices of the Secretary of the Board of Trustees and ASMSU shall keep available for inspection an up-to-date list of places of distribution within cam pus buildings. L. Any regulations necessary to implement these guide lines shall be developed in accordance with Article 8 of this document. · Student Handbook and Resource Guide .31 ARTICLE 10 OFFICE OF THE OMBUDSMAN I. The President shall appoint a senior faculty mem - ber or executive manager with the title of University Ombudsman. The Ombudsman shall respect the sensi tive and confidential nature of the position and the pri vacy of.all persons soliciting assistance from the Office of t~e Ombudsman, thereby protecting them against retaliation. The Ombudsman's functions shall include the following charges: A. The Ombudsman shall establish simple, orderly pro cedures for receiving requests, complaints, and griev ances of students. B. The Ombudsman shall assist students in accom plishing the expeditious settlement of their prob lems and may advise a student that the student's request, complaint, or grievance lacks merit, or that the student should seek a remedy elsewhere in the University. The Ombudsman may also assist the . student in obtaining an informal settlement of the student's problem. II. The Ombudsman shall have broad investigatory powers and direct and ready access to all University officials, including the President. III. When necessary; the Ombudsman shall report directly to the President valid complaints for which no' remedy has been found. Tqe Ombudsman shall also report any recommendations regarding such complaihts. IV ·The Ombudsman shall make periodic reports to the President regarding the operation of the Office of the Ombudsman. ARTICLE II DEFINITIONS Academic Disciplinary Case: A case brought against a student accused of academic misconduct involving sanctions other than or in addition to a penalty grade. Academic Misconduct: Instances of academic dishon- esty; violations of professional standards, and falsification of academic records or records for admission to a depart ment/sch6ol/college. See also General Student Regulation 1.00, Scholarship and Grades; Integrity of Scholarships and Grades Policy. Administrators: University employees who manage Univer sity budgets, direct work units, or formulate, evaluate, and/or administe; University policy. Advisor: A member of the student body; faculty; or staff of the University chosen by a party to assist in the preparation of a case. All-University Graduate Student Governing Body: Coun cil of Graduate Students (COGS). • All-University Undergraduate Student Governing Body: Associated Students of Michigan State University (ASMSU). Class Day: A day on which classes are held, including the days of Final Exam Week but excluding weekends. Clear and Present Danger: An immediate and significant danger to the health 'or safety of persons or property. Complainant: A rriember of the University community who initiates a judicial proceeding under this document. · Faculty: All persons appointed by the University to the rank of professor, associate professor, assistant professor, or instruc tor, all persons appointed by the University as librarians, and all other University employees with approved titles in the academic personnel system whose duties involve instructional activities. Falsification of Admission or Academic Records: Falsifica tion of any record submitted for admission to the University , or an ac'ademic unit of the University. Falsification of any · record created, used, and/or maintained by-the Office of the Registrar, the Office of Admissions, or academic units (e.g. col leges, departments, and schools). Good Cause: Good cause includes, but is not limited to, cir cumstances outside of a party's control, such as illness, death in the family; or a class conflict. Graduate Student: A student enrolled in a master's, doctoral, or educational specialist program or in a graduate non-degree program, including Lifelong Education. Hearing Body: A duly constituted judiciary as described in this document. Living Group: A campus residence hall or residential com plex, or a floor in such a residence hall or complex. Major Governing Groups: The Greek Governing Boards, Student Housing Cooperative, Owen Graduate Association, RHA, and UACOR. New Information: Relevant information or documents previously unavailable to a party to a proceeding, although the party acted with due diligence to obtain such information. Non-Academic Disciplinary Case: A case brought against a student accused of violating a General Student Regulation, _ University ordinance, or University policy. Ombudsman: The University Ombudsman is a senior faculty member or executive manager who assists members of the MSU community in resolving complaints or.concerns confi dentially; informally; impartially; and independently. Penalty Grade: A grade assigned to a student by a faculty member based on a charge of academic misconduct. Preponderance of the Evidence: Evidence that is more convincing, more credible, and of greater weight. Professional _Standards:' Codes of expected professional - conduct, sometimes ref~rred to as honor codes. Respondent: An individual or group against whom or which a complaint or_grievance is filed. Staff: Employees of the University other than administrators or faculty. Student: An individual is considered a student from the time he or she attends his/her first class until graduation, recess, dismissal, suspension, or withdrawal from the University; or he/she fails to register for more than one .consecutive semester. Undergraduate: A student enrolled in a program leading to a bachelor's degree or in an undergraduate non-degree program, 32 SPARTAN UFE-2010 HISTORY OF APPROVAL ORIGINAL DOCUMENT Academic Council Academic Senate Board of Trustees ~AMENDMENTS Board of Trustees Board of Trustees Board of Trustees Board of Trustees COMPLETE REVISION UCSA ASMSU Student Board UCSA Elected Student Council Academic Council Board of Trustees UCSA ASMSU Academic Assembly COGS Academic Council Board of Trustees January 10, 1967 February 28, 1967 March 16, 1967 June 18, 197i June 24, 1977 July 1, 1971 June 24, 1983 February 28, 1983 March 8, 1983 March 10, 1983 April 12, 1983 January 17, 1984 July 27, 1984 December 4, 2009 December 8, 2009 December 9, 2009 January 26, 2010 February 12, 2010 '• including Lifelong Education. University Community: All University students, Trustees, administrators, faculty, and staff. ARTICLE 12 , PROCEDURES FOR AMENDING AND REVISING THIS DOCUMENT This document may be amended and revised according to the following procedures. I. · The University Committee on Student Affairs shall review this document at least once every five years. II. Any member of the University community and any constituent body of the University may propose amend ments to this document by forwarding them to the University Committee on Student Affairs. III. The University Committee on Student Affairs shall IV. V. review any such proposals. It may approve, reject, or amend the proposal. If the University Committee on Student Affairs approves the proposal, it shall forward the proposal to ASMSU and COGS. ASMSU and COGS shall review the proposal. Each may approve or reject it. If either ASMSU or COGS rejects the proposal, it shall submit a written explanation of the rejection to the University Committee on Student Affairs. This explana "tion may include suggestions for alteration of the pro posal. VI. If ASMSU and COGS both approve the proposal, it shall be returned to the Chairperson of the University Committee on Student Affairs for presentation to the · Academic Council. VII. The Academic Council shall review the proposal and either approve or reject it in accordance with the Bylaws for Academic Governance. If it rejects the proposal, the Academic Council shall return the prop~sal to the University Committee on Student Affairs, ASMSU, and COGS, along with a written explanation for the rejec tion. This explanation may include suggestions for alteration of the proposal. If it approves the proposal, the Academic Council shall forward the proposal to the President who shall submit it to the Board of Trustees for action. Vlll. The Board of Trustees shall review the proposal. If the Board rejects the proposal, the Board shall return the proposal to Academic Council with an explanation. If the Board .approves the proposal, the amendment shall take immediate effect, unless the Board specifies anoth er effective date. IX. The University community shall be promptly informed of all action taken on proposed amendments to this document. Student Handbook and Resource Guide 33 .. 1 · GSRR ThiS document provides the framework for gradu- ARTICLE I : Graduate Student Rights and ate student rights and responsibilities within the university, specifically regarding student con- duct, academic pursuits, keeping of records, and employment. h describes procedures for formulating regulations governing graduate student conduct and for providing due process in the adjudication of graduate student disciplinary cases. It also defines Responsibilities ARTICLE 2: Academic Rights and Responsibilities for Graduate Students ARTICLE 3: Student Records at Michigan State University ARTICLE 4: Graduate Student Support ARTICLE 5: Adjudication of Cases Involving Graduate Student Rights and Responsibilities channels and procedures for student complaints ARTICLE 6: Academic Governance and grievances. ARTICLE 7: Procedure for Amending and Revising This Document ARTICLE 8: Definitions .HISTORY OF APPROVAL Medical Students Rights and Responsibilities (MSSR) The term "graduate assistant" referred to in the GSRR, Article 4, refers to graduate assistants who are not covered by the Graduate' Employ~es Union ( GEU) collective bargaining contract. Graduate teach ing assistants in the GEU are covered by the GEU contract; not by the provisions in Article 4. Student Handbook and Resource Guide 35 GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES AT MICHIGAN STATE UNIVERSITY ARTICLE I GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES AT MICHIGAN STATE UNIVERSITY 1.1 Michigan State University is a community of scholars whose members include its faculty, staff, students, and administrators. The basic purposes of the University are the advancement, dissemination and application of · knowledge. The most basic co11dition for the· achieve ment 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 need 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 ~md ,necessities of the University Therefore, the University always must strive to strike that balance between maximum freedom and necessary order that best promotes the University's basic purposes by providing an environment most conducive to the many faceted activities of instruction, research, and service. GUIDELINES 1.5 To protect graduate student rights and to facilitate the definition of graduate student responsibilities at Michigan State University, the following guidelines shall apply to those stipulations and conditions by which graduate student conduct is regulated, broadly referred to as "regulations" in the remainder of this Article. 1.5.1 There shall be no regulation unless there is a demonstrable ·need that is reasonably related to the basic purposes and necessities of the University as stipulated herein. 1.5.2 To the maximum, extent feasible, graduate stu dents shall participate in formulating and rev,ising regulations governing graduate student rights and . responsibilities. , 1.5.3 All regulations governing graduate student rights and responsibilities shall be made public in an appropriate manner. I I 1.2 Each right of an individual places a reciprocal respon 1.5.4 Every regulation shall be as brief, clear, and spe sibility upon others: the responsibility to permit the individual to exercise the right. The graduate student, as a member of the academic community, has both rights and responsibilities. Within that community, the gradu ate student's most essential right is the right to learn. The University has a duty to provide for the graduate student those privileges, opportunities and protections that best promote the learning process in.all its aspects. The graduate student has duties to other members 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 pro cesses of the University 1.3 Regulations governing the activities and conduct of grad uate students individually or collectively should not be comprehensive codes of desfrable conduct; 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 limitations of acts that cannot be tolerated because they seriously interfere with the basic purposes and processes of the academic community, or with rights essential to other members of the community 1.4 The graduate student is not only a member of the aca- ' demic comml'.lnity, but also a citizen of the larger society who retains those rights, protections, and guarantees of fair treatment held by all citizens, which the University cific as possible. 1.5.5 Wherever rights conflict, regulations shall, to the maximum extent feasible, permit reasonable scope for each conflicting right by defining the ·Circum stances of time, place, and means appropriate to its exercise. · 1.5.6 Regulations shall respect the free expression of ideas and shall encourage competition of ideas from diverse perspectives. 1.5.7 Procedures and penalties for the violation of regu~ lations shall be designed for guidance or correc · tion of behavior only 1.5.8 Penalties shall be commensurate with the serious ness of th,e offense. Repeated violations may jus tify increasingly severe perialties. 1.5.9 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 t~e penalty imposed for a specific violation. c. · The substance of a regulation or administrative decision that is alleged to be inconsistent with the guidelines in this document. , d. The lack of adherence to the applicable proce dures in the adjudication. 36 SPARTAN UFE-2010 1.5.10 Every regulation shall specify to whom it applies 2.3 Rights and Responsibilities of the Graduate Student and whether responsibility for compliance lies with graduate students either individually or col lectively. 1.6 A handbook of the Univtrsity's current regulations and - structures relating to student rights and responsibilities shall be made available to every member of the ·academ ic community. ARTICLE 2 ACADEMIC RIGHTS AND RESPONSIBILITIES FOR-GRADUATE STUDENTS 2.1 Preamble 2.1.1 The establishment and maintenance of the proper relationship between instructor and student are fundamental to the Univ~rsity's function and require both instructor and student to recognize the rights and responsibilities that derive from it. The re.lationship between instructor and student as individuals should be founded on mutual respect and understanding together with shared dedica~ion to the educational process. 2.2 Role of the Faculty. in the Instructional Process · 2.2.1 No provision for the rights of graduate students can be valid that suspends the rights of the fac' ulty. The graduate student's right to competent instruction must be reconciled with the rights of the faculty, consistent with the principle that the competency of a professional can be rightly judged only by professionals. It is therefore acknowledged and mandated that competence of instruction shall be judged by the faculty. 2.2.2 Colleges and departments/schools shall provide appropriate and clearly defined channels for the receipt and consideration of graduate student complaints concerning instruction. In no instance shall the competence . of instruction form the basis of an adversarial proceeding before any of the judicial bodies established in this document. 2.2.3 Faculty shall have authority and responsibility for academic policy and practices in areas such as degree eligibility and requirements, course content and grading, classroom procedure, and standards of professional behavior in accordance with the Bylaws for Academic Governance, the Code of Teaching Responsibility, and other documents on faculty rights and responsibilities. ,, 2.2.4 No hearing board established under this docu ment shall direct a change in the evaluation of a graduate student that represents a course instruc tor's or guidance committee's good faith judgment of the graduate student's performance. In the event that an evaluation is determined to be based on. inappropriate or irrelevant factors, the dean of the college shall cause the student's performance to be reassessed and good faith evaluation established. (See also Sections 2.310, 24.8, and Article 5) 2.3.1 'In all areas of graduate education pertaining to academic rights and responsibilities, there shall be no discrfmination on the basis of race, color, gender, national origin, political persuasion, sexual orientation, marital status, disability, age, religion, height, weight, genetic information, or family status: 2.3.2 ·The graduate student has a right to be governed by written academic regulations. The gradu- ate student has a right to accurate, timeiy, and clearly stated'information concerning the gen eral academic requirements for establishing and maintaining an acceptable academic standing, the graduate student's academic relationship with the University, and the details of any spe cial conditions that may apply. Requirements for the student's academic program and written academic regulations, including codes Of profeS- sional behavior, shall be made known and made available by the administering unit at. the timtr of the student's first enrollment. Graduate stu dents are responsiqle for informing themselves of University, college, department, and school requirements as stated in unit publications and in the University catalog. In planning to meet such requirements, students are responsible for consulting with thefr academic advisers and g~idance committees. I 2.3.3 The graduate student, regardless of degree pro gram, has a right to the best advice the unit can provide concernipg' program planning, research, professional expecdtions, selection of courses and professors, and general degree requirements. 2.3.4 Units shall maintain records for their graduate students, specifying and/or containing degree requirements, course waivers and substitutions, program changes, and other stipulations directly affecting their degree programs. Graduate students shall be provided access to and/or a copy of these records upon request. · 2.3.S The graduate student shall be free to take rea soned exception to information and views offered in instructional contexts and to reserve judgment about matters of opinion, without fear of penalty or reprisal. 2.3.6 Graduate students and faculty share the respon sibility of maintaining classroom decorum and a collegial atmosphere that ensures teaching and learning. 2.3.7 The graduate student shares with the faculty the responsibility for maintaining the integrity of scholarship, grades, and professional standards. 2.3.8 The graduate student is responsible for learn- ing the content of a course of study according to . standards of performance established by the fac ulty and for adhering to standards of professional behavior established by the faculty. Student Handbook and Resource Guide 37 2.3.9 The graduate student has a right to academic evaluations that represent good faith judgments of performance by course instructors and guidance committees. Course grades shall represent the instructor's professional and objective evaluation of the graduate student's academic performance. The graduate student shall have the right to know all course requirements, including grading criteria and proce.dures, at the beginning of the course. (See also the Code of Teaching Responsibility). 2.3.10 Tl;te graduate student has a right to protection against improper disclosure of information con cerning academic performance and personal characteristics, such as values, beliefs, organiza tional affiliations, and health. (See also Article 3.) 2.3.11 Graduate students and faculty members share the responsibility for maintaining professional rela tionships based on mutual trust and civility ,..,. 2.3.12 The graduate student has a right to be protected from personal exploitation and to receive recogni tion for 'scholarly assistance to faculty 2.4 Academic Programming 2.4.1 The department/school or college is responsible for informing, in writing, all incoming graduate students of program requirements and procedures. 2.4.2 Guidance Committee. It shall be-the' respon sibility of each graduate student ·admitted to a doctoral program or to a master's program that requires a guidance committee to form a guid ance committee with the concurrence of the unit chairperson/director or designated representa tive. Composition of the guidance committee will be in accord with University, college, and department/school guidelines. In the event that a student is unable to form a guidance committee, it shall be the responsibility of the unit chairper son/director to intervene with the faculty of the ui;i.it to resolve the problem. 2.4.2.1 For graduate students in doctoral pro grams, the guidance committee shall be formed within the first two semesters of doctoral study, or within two semesters beyond the master's degree or its equiva lent. Within one semester after the com mittee is formed, the chairperson of the guidance committee shall file a guidance committee report with the dean of the college, listing all degree requirements. A . copy of this gUidance committee report shall also be given to the graduate stu dent. This guidance committee report, as changed or amended in full consultation between the graduate student and the committee and as approved by the appro! priate department chairperson or school director and the dean of the college, shall be regarded as the statement of program requirements. The program will not be considered binding unless signed by the student. 2.4.2.2 Once designated, the guidance committee has the responsibility to meet periodically to oversee the graduate-student's progress as long as the graduate student continues in good standing. Any desired or required changes in the membership of the. guid ance committee may be made by the graduate student with the concurrence of the unit chairperson/director or desig nated representative, or by the unit with the concurrence of the graduate student, in accordance with University, college, and unit policy The guidance committee, with the concurrence of the graduate student, may form a thesis/dissertation-committee to supersede or supplement the guidance committee. Committee or thesis/disserta tion chairpersons on leave sha11 provide · for the necessary guidance of their advi sees during their absence. 2.4.3 Residency. Academic residency requirements and residency fee, policies shall be made known to the graduate student at the time of admission. 2.4.4 Time Limits. The time limitations for candidates seeking advanced degrees shall be made known to the graduate student at the time of first enroll ment. Application for extension shall be submit ted to the department/school and transmitted for approval by the dean of the college. 2.4.5 · Program Changes: Each department/school or college shall establish procedures for alter- ing individual student programs that have been approved in accordance with the provisions of Section 2.4.2.1. Graduate students shall be involved in developing such procedures. (See also Section 6.1.1) 2.4.6 Dissertation and Thesis. The nature and scope of the doctoral dissertation and master's thesis ·(or its equivalent) shall be defined by the depart ment/school or college and the guidance or dis sertation committee according to the professional and scholarly resean;:h st,~mdards of the discipline. The department/school or college shall specify in advance the acceptable style and form of the dissertation or thesis in accordance with The Graduate School Guide to the Preparation of Master's Theses and Doctoral Dissertations. 2.4.6.1 Standards for formatting, duplicating and binding of dissertations and theses - as welf as the stipulations covering abstracts, numbers of copies, dates and deadlines for acceptance, and regulations for microfilm ing and publication shall be established and published by The Graduate School. 2.4.7 Code of Professional Standards. Each depart ment/school and college shall communicate in writing to its graduate students, at the time of their first enrollment iq a degree program or in a course in the unit, any specific codes of pr:ofes sional and academic standards covering the con duct expected of them. 38 SPARTAN LIFE-2010 2.4.8 Evaluation. Graduate students have a right to periodic evaluations to assess their academic progress, performance, and professional potential. Evaluation of graduate students shall be made only by persons who are qualified to make that evaluation. Written descriptions of unit/program methods of evaluation and the general rationale employed shall be provided to gracj.uate .students and the faculty. Written evaluations shall be com municated to the graduate student at least once a year, and a copy of such evaluations shall be placed in the graduate student's file. (See also Section 2.5.2:4) 2.4.8.1 When determination is made that a grad uate student's progress or performance is , unsatisfactory, the student shall be noti fied in writing in a timely manner, and a copy of the notice shall be placed in the student's academic file. 2.4.8.2 When a graduate student's status in a program has been determined to be in jeopardy, the groduate student shall be informed in writing in a timely manner, ancl a copy of the notice shall be placed in the student's academic file. 2.4.9 Dismissals and Withdrawals. Each depart ment/school and college shall establish criteria for the dismissal or withdrawal of students enrolled in its programs. Such criteria shall be published and given to students at the time they begin their programs. Should a decision to dismiss a student be made, the affected student shall be notified in writing in a timely matter. All information regarding the decision is t~ be held in strict confi dence between the student and those faculty and administrators with responsibility for the student, on a need to know basis; release may be only with the written consent of the student involved unless the decision becomes the substance for a grievance procedure, in which case such informa tion shall be releas.ed to the grievance commit tee. All records and information created under this article shall be released only in .accordance with the University's published policies govern- ' ing privacy and release of student records. The same privacy is to be accorded the reasons for a student's temporary or permanent withdrawal from the University. Should a decision to dismiss be held in abeyance, pending completion of the stipulated conditions, these conditions must be communicated in writing in a timely manner to the student. 2.5.2 and classroom procedures as well as periodic classroom visitation. The graduate student in a teaching role is held responsible for full and active participation in all such programs. Graduate students who are involved in teach- ing roles are expected to fulfill their assigned responsibilities at a high level of performance. To gain feedback for monitoring and increasing their teaching effectiveness, such graduate students shall use, where applicable, confidential instruc tional rating reports in each course that they teach. These reports shall be submitted to the unit in accordance with the stated policy of the University Council. 2.5.2.1 The coordinator of each course staffed by graduate students in teaching roles shall submit each semester to the unit administrator or to the appropriate unit committee a formal written evaluation of each of the graduate students in teach ing roles. After notifying the graduate student, appropriate members of the col lege/department/school should visit and observe the student's tea\:hing in the instructional setting, and information from these visits and observations should be used in the evaluation. 2.5.2.2 The graduate student instructional rating reports (or summaries thereoO, formal written evaluations, and any supplemen tary information shall be placed in a confidential file for use by the student and by faculty members in accordance . with 2.5.2.3. This material shall remain on active file until the graduate student's teaching role is terminated, after which a copy of the file becomes the graduate student's personal property upon request. If evaluations or summaries of them are kept beyond the student's tenure at the University, these records should be altered so as to be anonymous. 2.5.2.3 Evaluation material described in 2.5.2.2 may be used in overall evaluations and in determining such matters as renewal of assistantships, teaching assignments, rec ommendations, and the need for further training. 2.5.2.4 An evaluation of teaching shall be given to the graduate student who has a teaching role at least once each year. (See also 2.4.8) 2.5 Educational Training of Graduate Students in Teaching Roles (not covered by the Graduate Employees Union collective bargaining contract). 2.5.1 Colleges and department/schools are responsible ARTICLE 3 STUDENT RECORDS AT MICHIGAN STATE UNIVERSITY for establishing orientation and in-service train ing programs for all graduate students in teaching roles. Such programs shall include an introduc tion to course goals, grading crit~ria and practice, 3.1 Achie:ving educational goals, providing direction to grad uate students, and extending service to society demand that the University keep records. All policies and prac- Student Handbook and Resource Guide 39 tices concerning records shall be based on respect for the privacy of the individual graduate student as well as current federal and state law. 3.1.1 Because of respect for the privacy of the indi vidual graduate student, record keeping must be performed only by University personnel whose job responsibilities require record keeping. 3.2 All policies and practices governing access to, and main tenance and release of, graduate student records shall conform to the University's published guidelines. (See the MSUAccess to Student Information Guidelines). 32.1 No record shall be made, reproduced, or retained unless there is a demonstrable need for it that is reasonably related to the basic purposes and necessities of the University 3.2.2 The University shall not make, reproduce, or retain records of a graduate student's religious or political beliefs or affiliations without the gradu ate student's knowledge arid consent. 3.2.3 Graduate students shall have the right to inspect any of their own educational records, except as waived by the graduate student (e.g., confidential letters of recommendation). Student educational records include official transcripts, student disci plinary records, and records regarding academic performance. ' ·· 3.2.4 All policies and practices dealing 'fith the acqui sition and dissemination of information in gradu ate student records shall be formulated with due regard for the graduate student's right to privac,y and access. 3.2.5 All graduate student educational records shall include a notation of the name of the person who supplied the information and the date of its entry; with the exception of central, Student Information System records. 3.2.6 Confiaential records shall be responsibly handled. Units shall train persons handling such records in appropriate methods of keeping and disposing of confidential records. 3.2.7 No one outside the faculty or administrative staff of Michigan State University, except as specified by law, may have access to the r;ecord of a graduate student's offenses against University regulations without the written permission of the student. 3.2.8 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 5. 3.2.8.1 These policies and practices shall conform . to current federal and state law. In addi tion, any changes to the policies shall be made known to the graduate student body through the all-university graduate student governing body ' ARTICLE 4 GRADUATE STUDENT SUPPORT 4.0 The term ''graduate assistant" in this Article refers to graduate assistants who are not-eovered by the Graduate Employees Union collective bargaining .contract. Employment policies and the issues that are included with employment and involve students who are included in the collective bargaining unit shall be covered by the GEU contract. 4.1' Classes of Support 4.1.1 Students receiving support through the University primarily constitute three groups: a. graduate assistants b. university employees c. fellowship, scholarships and/or grant recipients 4.2 Graduate Assistants 4.2J Graduate assistants are graduate students current ly enrolled in degree programs who are appointed through established University procedures and in accordance with University policies governing graduate assistantships. Duties assigned to gradu ate assistants may include (but are not limitecf to) classroom instruction, student advising, writing supervision, reading of papers and examinations, and research. The responsibilities delegated to a graduate as.sistant must be performed under the supervision of an appropriate faculty member or administrator. \, 4.2.2 With the participation of graduate student rep- resentatives, each unit appointing graduate assis tants shall develop policies and make available current information covering, but not limited to, the following: a. criteria for selecting new graduate assistants b. criteria for renewing and/rization. (See also: All-University Events and Activities; Anti-Discrimi nation Policy and Procedures; Campaigning, Canvassing and Petition Drives; Disorderly Assemblages or Conduct; Distribution of Literature; Fadlities and Services; Non-Disdplinary ]udidal Process; Residence Hall Regulations 1.0, 2.0 and 3.0; and Safety) 4.00 PROTECTION OF PROPERTY It is important that the property of individuals, student groups, and the University be protected if the University and the members of the academic community are to engage in their activities and to effectively discharge their responsibili ties; therefore, no student shall: 4.01 damage, deface, or destroy the property of another per son or the University 4.02 tamper with or misuse University fire or safety equip ment, including; but not necessarily limited to, fire extinguishers, fire hoses, and alarm systems. 4.03 copy, appropriate or use the property of another with out proper authorization. 4.04 remove property or goods from their assigned place without proper authorization or accept or convey prop erty or goods which have been procured without proper authorization. 4.05 use any University facility, equipment, or materials except for their authorized purposes. 4.06 procure, alter, damage, remove, manufacture, or use, any University key card, lock, password, or other security device without proper authorization. 4.07 without proper authorization enter or remain in any University building or designated area which is offi cially closed according to hours posted or which is restricted for designated purposes or to designated indi viduals. 4.08 place posters, signs, or handbills except on one's· own per- ' sonal property or in areas authorized by the University (See .also: Bicycles-Illegal Taking; Closing Hours; Distribution of Literature; Fadlities and Services; Plant Materials; Residence Regulations 4.0, 6.0 and 7.0; Residence Hall Room Entry; Signs.) 5.00 PROTECTION OF UNIVERSITY FUNCTIONS AND SERVICES Functions, services, and processes of the University must be protected if the institution is to be effective in discharging its responsibilities; therefore, rio student shall: 5.01 provide false information f~r the purpo~e of gaining benefit for oneself or others to any office, agency, or individual acting on behalf of the University 5.02 interf~re with the functions and services of the University (for example, including, but not limited to, classes, social, cultural, and athletic events, computing services, registration, housing and food services, gov ernance meetings and judicial hearings) such that the' function or service is obstructed or disrupted. 5.03 alter or forge any University document and/or record, including identification materials, issued or used by the University 5.04 allow any University document and/or record, includ ing identification materials, issued by the University for one's own use to be used by another. 5.05 use any University document and/or record for other than its authorized purpose, including identification materials issued to another 5.06 act as an agent of the University unless authorized to do SQ. 5.07 fail to present correct identification issued by the University for the student's use when requested to do so by an authorized University agent acting in the per formance of designated job responsibilities or who has reason to believe that the student may be involved in the violation of a regulation. 5.08 without proper authorization, sell or make contracts for · purchase or delivery of any commercial merchandise or services for personal profit or gain, or solicit voluntary contributions for organizations. (See also: Campus Bus Policy, Disorderly Assemblages or Conduct; Distributiqn of Literature; Fadlities and Services; Housing Policy; Non-Disciplinary judidal Process; Records; Residence'Hall Regulation 6.0; and Student Identification Cards.) -University Committee on Student Affairs, February 19, 1988 -Academic Council, January 17, 1989 -President,, to become effective September 1, 1989 Fire Safety It is imperative that students residing in University housing be confident that their neighbors and visitors not engage in acts that will increase the likelihood of fire or loss of life from fire. Setting off explosives (including firecrackers) or setting a fire in University housing, or falsely pulling a fire alarm in residence halls may result in suspeusion from the University and prosecution· under the law. Students should be familiar with General Student Regulation 2.01, 2.03, and 4.02 and Section 2 of the Residence Hall Regulations--Undergraduate Halls, Owen Graduate Center, and University Apartments Community The Process for adjudicating alleged violations of these regulations is outlined in Article 4 of Academic Freedom for Students at Michigan State University St\}dent Handbook and Resource Guide 5.5 RESIDENCE HALL BILL OF RIGHTS UNDERGRADUATE AND GRADUATE HALLS Student Grou Re ulation Each person, as a resident of Michigan State University resi dence halls, possesses certain individual rights and respon sibilities which must be held in high regard. This document is intended to define minimal expectations of rights and responsibilities of hall residents, in actualizing their freedoms, without placing constraints upon such rights of other resi dents. Each individual has .the right to engage in t~ose physi cal, educational, and social pursuits that are a necessary part of his\ or her university life. However, these rights carry with them a reciprocal responsibility on the part of the individual to insure those same rights for other residents. 1. Primary rights of the individual include: a. The right to read and study free from undue interfer ence in one's room: One of the basic purposes of the University is the dissemination and application of knowledge. Unreasonable noise and other distractions inhibit the exercise of this right. b. The right to sleep, the right to one's personal belongings, the right to free access to one's room and suite facilities, and the right to a clean environment Tn which to live: Optimum physical conditions are essential as they sup port and reinforce and provide for positive conditions in which to learn and live. c. TThe right for redress of grievances: If the academic and residence hall communities are to function in the most educationally profitable manner the right to initiate actions and referrals for impartial and fair adjudication of grievances is held paramount. In exercising this right, the student further holds the right to be free from fear of intimidation, physical and/ or emotional harm, and with out the imposition of sanctions apart from du~ process. 2. Subordinate rights of the individual are those which should be protected, but which should not infringe upori the reasonable exercise of the primary rights defined above. These subordinate rights include: a. The right to personal privacy: All persons should have freedom from interference. with their personal activities, and should be able to maintain privacy for other than academic reasons. b. The right to host visitors: All persons should have the opportunity to maintain personal contacts and friend ships with other persons to fulfill their needs for social ization. Visitors are to respect the above stated rights of hall residents and to adhere to all regulations. Any abuse of these rights is subject to review and action according to the procedures given in Academic Freedom for Students at Michigan State University. However, processes of mediation, involving students and hall staff, should also be considered as :i;neans for .resolving conflicts. · / Nothing in the Residence Hall Bill of Rights and/or itS imple mentation shall deny any individual his or her basic rights guaranteed under the United States Constitution, nor deny other alternatives for redress of grievances that are available under the individual's status as a student and as a citizen of the State of Michigan. The following regulations are established to govern the con duct of individuals living and visiting in residence halls. They shall apply to all students .regardless of class level, place of residence, or group affiliation when they are in or around any residence hall. 1.0 INDIVIDUAL RESPONSIBILITIES AND COMMUNITY RIGHTS ,, These rights are best secured through clear statements of each individual's responsibilities. 1.1 No person shall cause or otherwise contribute to unrea sonable "noise in residence halls or areas immediately sur rounding residence halls. (Unreasonable noise is that which ' interferes with, or has the potential for interfering with the · legitimate rights of others.) 1.2 No person shall interfere with attempts of others to ' study The Residence Hall Bill of Rights provides a clear statement of each individual's rights within the residence hall community 1.3 No person shall interfere wi~h attempts of others to sleep during reasonable and/or posted consideration hours. 56 SPARTAN LIFE-2010 1.4 No person shall interfere with the free access of another to and from his/her own room, suite, apartment, work area, or office in a residence hall. 1.5 No person shall play any athletic games in a common area of a residence hall without proper authorization. 1.6 No person shall interfere with the safe or clean environ- ment of others. · 1.7 No person shall allow an animal, bird, or other pet to enter a residence hall. (Fish and guide dogs are excep tions.) 1.8 No person shall fail to make an effort to discourage another person from violating a regulation and/or to report a violation of which one has knowledge. (See also: General Student Regulation 2.00 and 3.00.) 2.0 SAFETY OF THE INDIVIDUAL AND COMMUNITY Fundamental to the protection of the individual is the main tenance of an environment that is physically safe and predict able. As members of a group, each individual has a special responsibility to ensure that safety hazards are eliminated, fire equipment is maintained, and fire procedures established and followed. 2.1 No person shall create, or help to create, a safety hazard. 2.2 No person shall throw or drop anything out of a resi- dence hall window. ' 2.3 No person shall possess or use firecrackers, fireworks, firearms, or other dangerous weapons or explo- sives. (NOTE: Legal weapons must be stored at the Department of Police· and Public Safety) 2.4 No person shall possess or use in a residence hall, without proper authorization, ·any chemical or other dangerous substance, compound, or container of such substances, which rriay injure, molest, or cause damage. 2.5 No person shall set a fire in residence halls or areas immediately associated with residence halls. 2.6 No person shall falsely report a fire, nor interfere in any way with emergency services or procedures, nor fail to conform to established safety regulations. 2.7 No person shall tamper with fire equipment, nor use such equipment for other than the prevention or control of fire. (Fire equipment shall include, but not be limited to thermal detectors, fire alarms, fire extinguishers, fire extinguisher boxes, fire hoses, and any other fire-fighting devices.) . (See also: General St~dent Regulation 2.00, 3.00 and 4.00.) 3.0 HARASSMENT AND INTIMIDATION . To succeed personally and academically, an individual must be able to live free from unnecessary emotional stress caused by others. Physical or emotional harassment will not be toler ated in a residence hall community 3.1 No person shall harass or abuse any other person. (This shall include, but not be limited to, harassment or abuse based on race, creed, ethnic origin, sex, age, political per- suasion, sexual orientation, or disability) 3.2 No person shall exhibit behavior which harms or-threat ens to harm another person or another person's property 3.3 No person shall abuse, threaten, or harass any residence hall employee. 3.4 No person shall abuse, threaten, harass, or exhibit behavior that intimidates any complainant, respondent, counsel, witness, or judiciary member prior to, during, and after a judicial hearing. (See also: General Student Regulation 2.00 and 3.00.) 4.0 PERSONAL AND COMMUNITY PROPERTY The protection of personal property is important to the well being of the individual. Protection of community property protects the investment' all residents make through the pay ment of their room and board. 4.1 No person shall tamper with or borrow without permis sion the personal property of others. 4.2 No person shall, without proper authorization, remove any property, from its assigned place in a residence hall. 4.3 No person shall damage, deface, or destroy any property (See also: General Student Regulation 4.00.) 5.0ALCOHOL The residence hall community is part of a laJ.!;er community, and as such, is not only governed by its own regulations, but by University policies and state law. The State of Michigan establishes the age at which alcohol consumption is legal. Furthermore, alcohol may not be consumed on state land, except by special exception of the body governing the land, which in this case is the MSU Board of Trustees. Because the majority of hall residents are under age, the privilege of drinking alcohol is extended only to those of legal age in their private rooms, suites, or apartments. 5.1 No person shall possess open alcoholic beverages withih a residence hall, except within the confines of student rooms, suites, or apartments or fit social events approved by the Office of the Vice President for Student Affairs and Services. 5.2 No person shall organize or participate in a stu dent group event where alcohol is consumed but not approved for consumption (e.g., floor party). . 5.3 No person shall allow the presence of more than five times the normal occupancy (excludes over or under assignment) in a student room, suite, or apartment where alcohol is .being consumed. 5.4 No person shall possess or use a common source of alco hol (e.g., keg, trash can, etc), nor shall any person partici pate in an event where a common source is present. (See also: General Student Regulation 2.00.) 6.0 IDENTIFICATION OF INDIVIDUALS Certain privileges are extended to individuals by virtue of their membership in the residence hall community In order Student Handbook and Resource Guide 57 to protect the community's welfare, the integrity of this identi fication must be maintained. 6.1 No person shall permit others to use his or her / University identification,.including a meal card or room key, for the purpose of improperly gaining access to a residence hall, a residence hall dining room, an RHA or hall sponsored event, or use of RHA or hall equipment. 6.2 No person shall use the, University identification of another, including a meal card or room key, for the pur pose of improperly gaining access to a residence hall, a residence hall dining room, or an RHA or hall sponsored event or use of RHA or hall equipment. 6.3 No person shall refuse to provide his or her name and show appropriate identification to a staff merp.ber per forming his or her duty, upon request. (See also: General Student Regulation 3.00, 4.00 'and 500) ZO FOOD SERVICE Meal times should be an opportunity for residents and their visitors to dine in a sociable manner without the fear of inap propriate· distractions or interference. The misuse of meal .L D s or removal of food from the dining room increases the cost of food service for all residents. 7.1 No person shall initiate or otherwise engage in throwing of food, utensils, or other objects in any -residence hall dining room or housing fucility 7.2 No person shall, without authorization, remove any food or utensils from a residence hall dining room. ' 7.3 No person shall enter a residence hall dining room without proper authorization. (See also: General Student Regulation 2.0D,'"4.0V and 500) 8.0 VISITORS All members of the resid~nce hall community have some responsibility to help secure the community's welfar:e by com municating to visitors the expectations established through these regulations. 8.1 No person shall permit .a non-resident visitor to remain in or use the facilities of a residence hall, including one's residence hall room, for more than three continuous days during any given week 8.2 No person shall faiho take responsibility for his or her visitor. 8.3 No person, if a non-resident, shall be a visitor in any residence hall between the official closing and opening hours without a resident escort. 8.4 No person shall ,interfere with the entertaining of a visi tor by another, unless the visitor is infringing upon his or her rights. -Residence Halls Association -Associated Students of Michigan State University -Approved on an interim basis by the Vice President for Student Affairs and Services -July 13, 1981 -Amended July 18, 1984 -Amended August 8, 1988 RESIDENCE HALL REGULATIONS OWEN GRADUATE CENTER Student Grou Re ulation The follqwing regulations are established to govern the conduct of individuals living and visiting in Owen Gradu ate Center. They shall apply to all students regardless of .class level, place of residence or group affiliation when they are in or around Owen Graduate Center. 1.0 INDIVIDUAL RESPONSIBILITIES AND COMMUNITY RIGHTS The Owen Graduate Center Bill of Rights provides. a clear statement of each individual's rights within the hall commu nity These rights are best secured through clear statements of each individual's responsibilities. 1.1 No person shall cause or otherwise contribute to unrea sonable noise in Owen Graduate Center or areas imme diately surrounding the hall. (Unreasonable noise is that which interferes with, or h~s the potential for interfering with the legitimate rights of others.) 1.2 No person shall interfere with attempts of others to study 1.3 No person shall interfere with attempts of others to steep during reasonable and/or posted consideration hours. 1.4 No person shall i~terfere with . the free access of another to and from his/her room, suite, apartment, work area or office in Owen Graduate Center. 1.5 No pe~son shall play any athletic games in a common area of Owen Graduate Center without proper authoriza tion. 1.6 No person shallinterfere with the safe or clean environ ment of others. 1.7 No person shall allow an animal, bird or other pet to enter Owen Graduate Center. (Non-carnivorous fish and guide dogs are exceptions) 58 SPARTAN LIFE-2010 1.8 No person shall fail to make an effort to discourage another person from violating a regulation and/or report a violation of which one has knowledge. (See also: General Student Regulation 2.00 and 3.00.) 2.0 SAFETY OF THE INDIVIDUAL AND COMMUNITY Fundamental to the protection of the individual is the main tenance of an environment that is physically safe and predict able. As members of a group, each individual has a special responsibility to insure that safety hazards are eliminated, fire equipment is maintained, and fire procedures are established and followed. 2.1 No person shall create, or help to create, a safety hazard. '2.2 No person shall throw or drop anything from a hall window or balcony. 2.3 No person shall possess or use firecrackers, fire works, firearms or other dangerous weapons or explo sives. (NOTE: Legal weapons must be stored at the Department of Public Safety) 2.4 No person shall possess or use in Owen' Graduate Center, without proper authorization, any chemical or . other dangerous substance, compound or container of such substances, which may injure, molest or cause damage. 2.5 No person shall set a fire in Owen Graduate , Center or areas immediately associated with the hall. 2.6 No person shall falsely report a fire, nor interfere in any way with emergency services or procedures, nor fail to conform to established safety regulations. 2.7 No person shall tamper with fire equipment, nor use such equipment for o~her than the prevention or control of fire. (Fire equipment shall include, but not be limited to, thermal detectors, fire alarms, fire extinguishers, fire eXtinguisher boxes, fire hoses and any other fire-fighting devices.) .2.8 No person shall use unauthorized cooking appliances in his or her room, suite, floor study room or other unau thorized hall facilities. (Unauthorized cooking appliances include hot plates, toasters, toaster ovens, rice cookers, woks, crock pots and other electrical devices intended for the preparation, heating or cooking of substantial food items.) (See also: General Student Regulation 2.00, 3.00 and 4.00.) 3.0 HARASSMENT AND INTIMIDATION To succeed• personally and academically, an individual must be able to live free from unnecessary emotional stress caused by others. Physical or emotional harassment will not be toler ated in Owen Graduate Center. 3.1 No person shall harass or abuse any other person. (This shall include, out not be limited to, harassment or abuse · based on race, creed, ethnic or national origin/citizen ship, sex, age, political persuasion, sexual orientation, or disability.) 3.2 No, person shall exhibit behavior which harms or threat- ens to harm another person or another person's property. 3.3 No person shall abuse, threaten or harass any hall employee. 3.4 No person shall abuse, threaten, harass or exhibit behav ior that intimidates any complainant, respondent, coun sel, witness or judiciary member prior to, during or after a judicial hearing. (See also: General Student Regulation 2.00 and 3.00.) 4.0 PERSONAL AND COMMUNITY PROPERTY The. protection of personal property is important to the well being of the individual. Protection of community property protects the investment all residents make through the pay ment of their rooin and board. 4.1 No person shall tamper with or borrow without permis sion the personal property of others. 4.2 No person shall, without proper authorization, remove any property from its assigned place in Owen Graduate Center. 4.3 No person shall damage, deface or destroy any property. (See i.e date, hour, place and nature of the hearing; (a hearing shall not be continued or adjourned except for good cause and in tl}e discre tion of the ADJB Coordinator); 2) A copy of this policy and the general rules of con duct for hearings. c. The complainant is required to establish the basis for and produce evidence in support of the complaint. Complainants assume the burden of proof, 'tfoch must be met by a preponderance of the evidence . d. After the complainant presents his/her case, the respon dent shall present his/her case. Respondent may elect to forego answering a compfainf. e. Parties may bi( accompanied by an advisor of their choice, who may provide private counsel to the party during a hearing but shall have no official voice in the proceeding. Advisors must be members of the faculty, staff, or student body of the University. Each party shall be responsible for the presentation of his/her own case. Each party shall have the opportunity to pr~ent wit nesses, and to question witnesses presented by the other. f. The Hearing Panel shall render a decision in writing, without undue delay, and the ADJB Coordinator shall transmit copies of it promptly to the ADJB chairperson and the parties. The Panel's decision shall address all 68 SPARTAN LIFE-2010 Article IV. Final Resolution 1. · Decisions issued by the ADJB (including those of}urisdic tion) and unappealed decisions of its Hearing Panels shall be forwarded to the President by the ADJB Coordinator in the form of a recommendation, without undue delay 2. Within 30 calendar days, the Pre~ident shall either concur with .the decision and direct appropriate action to imple ment it, or for stated cause, shall overrule or modify the decision. When the President overrules or modifies a deci sion, he/she shall provide written reasons to the ADJB and to the parties. Article V. The ADJB's Advisory Function The ADJB shall meet with the ADJB Coordinator regularly (at least once annually and no more than monthly at the discretion of the Board) to review and consider any policies or practices brought to its attention, which may have contrib uted to allegations of unlawful discrimination or harassment. The ADJB may meet with University administrators to obtain information regarding relevant policies and practices. Upon discussion and review, the ADJB may make such advisory operational recommendations to the President as it deems appropriate. · Article VI. Other Provisions 1. Time limits I With the exception of the thirty-day filing deadline in Section II of Article II, all time limits set forth above shall be suspended during regularly scheduled vacations or , semester breaks in the University's academic year. Summer semesters shall similarly be excluded from consideration when calculating time limits applicable to complaints brought by students not then enrolled. 2. Regular Reports The ADJB Coordinator shall make annual reports to the President, who' shall share them with the Board of Trustees and University community 3. Assistance with Complaints Individuals considering filing complaints with ADJB may obtain advice and procedural assistance through the ADJB coordinator and, as appropriate, the bodies listed in footnote #5 of Article III of the MSU Anti-Discrimination Policy -Board of Trustees . -Enacted: February 28, 1970 -Amended: February 19, 1971, April 21, 1972, February 25, 1977, April 9, 1993, December 5, 2008, April 13, 2007 major questions raised. The recommended relief, if any, shall be tailored to remedy charges which have been substantiated. The decision shall state the name(s) of the prevailing party/ies and the party/ies against whom any complaints have been substantiated. The Panel shall carefully and clearly state its factual findings and the -reasoning supporting its decision. 2. Appellate Procedures a. A party may appeal the decision of the Hearing Panel to the full ADJB by .filing a written request with a short, written statement in support of the party's position on appeal with the ADJB Coordinator. The appeal shall be filed within 14 calendar days of receipt of the Panel's decision, and a copy shall be provided to the opposing party The opposing party shall have 14 calendar ~ays from receipt of the request in which to submit a writ ten statement in support of its position on appeal. b. Appeals shall be based on the record established at the initial hearing a~d shall be limited to the following two issues: 1) whether the evidence previously presented provides a reasonable basis for the resultiRg findings and rec ommended remedies (if any), and 2) whether specified procedural errors were .so sub stantial as to effectively deny the appealing party fundamental fairness. c. The ADJB chairperson shall provide written notice to both parties of the scheduled hearing date. d. "With the exception of the ADJB Coordinator, members of the initial Hearing Panel shall not participate in the appellate hearing or deliberations. An appellate quorum shall be necessary to hear any appeal and shall con sist of a majority of those ADJB members who did not serve on the original hearing Panel. e. Parties may be accompanied by an advisor of their choice, who may provide private counsel to the party during an appeal but shall have no voice in the pro ceeding. Advisors mu6t be members of the faculty, staff, or student body of the University Each party shall be responsible for the presentation of his/her own appeal. f. The ADJB shall give each party the opportunity to present an oral argument, based on the record estab lished at the initial hearing, in support of his/her posi tion on appeal. g. The hearing shall be closed unless both parties consent to an open· hearing. h. The ADJB's review on appeal shall be limited to the record established at the initial hearing, the Hearing Panel's decision, the written statements submitted by the parties, and the parties' oral arguments. Findings of fact by the Hearing Panel may not be overturned unless clea_rly erroneous. i. The ADJB shall render a decision without undue delay The ADJB may affirm or reverse the Hearing Panel's decision in whole or in part and/or remand it to the original Hearing Panel for reconsiperation. Recommended relief, if any, shall. be tailored to remedy those charges which have been substantiated. Student Handbook and Resource Guide \ 69 APPROPRIATE USE OF MSUE-MAIL SERVICES BY INTERNAL USERS ON MSUNET (Administrative Ruling) June 22, 2009 I. BACKGROUND Michigan State University (MSU) provides e-mail services , to its students, faculty; and staff to facilitate the academic. and administrative functions that support the University's mission of teaching, research, and service. The University's email services are neither open to the general public, nor are they intended for general public communication. The University's e-mail services are not intended as a forum for the expression of personal opinions. Other means exist in the University community for the expression and dissemina tion of personal opinions on matters of interest within the University community. Rather, the University's e-mail ser vices are provided to support the University's instructional, public service, research, and administrative objectives. This Administrative Ruling regulates the use of e-mail by internal users of MSUnet, Michigan State University's data network. I 11. APPLICABILITY This Administrative Ruling applies to all internal users of MSU e-mail services and to all e-mails sent to or from a MSU e-mail account, regardless of the location or name of the source account from which those users may send e-mail messages. Ill. DEFINITIONS A. Bulk e-mail: The transmission of an identical or substan tially identical e-mail message within a 48-hour period from an internal user to more than 10 other internal users who have not elected to receive such email. B. Internal user: Any University employee, student, or other individual who is assigned a University NetID. C. Unsolicited E-mail: E-mail received by a person who has not elected to receive the e-mail by having indicated a prior interest and willingness to receive communica tions from the sender (e.g., having previously sent a com munication to the sender to which the sender may be responding; being an acquaintance of the sender; belong ing to a set of individuals who have chosen to affiliate and communicate with one' another for a particular University purpose). Unsolicited e-mail is often ·known colloquially as "spam." IV. PERSONAL AND COMMERCIAL USE OF THE UNIVERSITY'S E-MAIL SERVICE The University's e-mail services are not provided for private or personal use. Incidental personal uses of the email system are permitted as long as they do not violate: the law; restric tions that derive from the University's taxexempt status; University policies, ordinances, rules, and-guidelines; and contracts the University has made. The University's e-mail services may not be used for commercial or profit-making purposes unrelated to University 5usiness. V. REGULATIONS REGARDING BULK E-MAILING The volume of unsolicited e-mail ("spam'') that users of University e-mail services receive is large and continues to_ increase. Significant University resources must be expended to identify; process, delete, and block unwanted ) pam'' e mail. This "spam'' also diminishes the perceived value of other e-mail received and may obscure important messages. Therefore, this Administrative Ruling regulates the use of bulk e-mail in order to promote institutional operating effi ciency and the effectiveness of electronic communications within the MSU community. A. Broad Cross-University Mailing University offices may use bulk e-mail only to send academic or administrative communications necessary to sorn,e aspect of the University's operations· or mission. Such communications typically involve action to be taken individually by the recipients of the communications. Such communications include: • Dissemination -of urgent i~formation regarding the health and safety of University students and employees. • Distribution of information regarding changes to . University policies or procedures, or actions that affect employment or compensation status or status as a student. • Notices (for example, to University .employees) that . are required by law, regulation, or University policy for which bulk email replaces paper transmittal. B. Targeted Mailing University offices may create and use mailing lists for communicating with targeted University audiences hav ing a special interest in the specific information being distributed (e.g., account signers, budget and business officers, academic advisors). Offices are encouraged to use alternate methods of communication; such as listservs and Web sites, as n:mch as possible for distribution of information of interest to specific sets of internal users. Faculty and other-instructional staff may e-mail targeted sub-populations having a special interest in the infor mation being distributed, such as students enrolled in a particular course. Students, faculty; staff, and administrative offices may use · e-mail targeted to members of committees, clubs or orga nizations, work groups, and other sets of individuals who are affiliated for a particular University purpose, if the e-mail is relevant to their bu~iness or concerns. Academic 1 Other University policies may also regulate the use of the University's electronic resources, including the Acceptable Use of Computing Systems, Software, and the University Digital Network. 70 SPARTAN LIFE-2010 governance bodies, standing committees of Academic Council, all-University student government groups, and major governing groups wishing to communicate by bulk e-mail with internal users outside of their regular constituencies must obtain approval from the appropri ate administrative office prior to sending such commu nications.2 All-University student government groups and major governing groups must obtain approval from the Office of the Vice President for Student Affairs and Services. Academic governance bodies and standing com mittees of Academic Council must obtain approval from the Office of the Provost. Use of mailing lists and listservs which recipients may vo1unrarily opt-in and opt-out of is encouraged. Because the recipients have elected to participate in the list- serv and mailing list, this typ,e of e-mail distribution is not included in the definition of "bulk e-mail" in this Administrative Ruling. C. Uses Within Administrative Units Any individual academic or administrative unit (major · administrative unit, department, division, office) may; at its own discretion and solely within its own unit, permit the use of bulk e-mail for communications among the unit's faculty; students, and staff, such as announcements, newsletters, and notices on the unit's own governance and concerns. D. Surveys. Academic and administrative units, committees, registered student organizations, work groups, and other sets of individuals. who are affiliated for a particular University purpose may perform surveys by e-mail within the group membership if the survey is relevant to the group's business or concerns. For example, a survey may be con ducted with the faculty or students within an academic program for administrative and assessment purposes; administrative units, committees, or registered student organizations may survey their constituents about matters related to governance or internal concerns; event or pro gram administrators may survey participants for assess ment and program evaluation purposes. All other surveys conducted by e-mail, particularly sur yeys in which the intended survey subjects are outside of the surveyor's "regular constituency" (in the sense described in Paragraph 2 of Section VB) or would per ceive the survey request as "unsolicited" (in the sense of Definition III.C), must receive prior approval by the appropriate University office(s), as set forth below. Surveys may not interfere with MSU's employee relation ships developed through collective bargaining agreements, or with MSU's own surveying or related activity bearing on University interests such as research, external report - ing, or participation in multi-institutional studies, If a proposed survey involves related follow-up or sequential surveys and cleady describes these in the initial request for approval, the subsequent surveys will not require separate approvals if the initial proposal is approved. 1. Approvals: • Surveys that are intended to include students must be approved by and coordinated through the Office of the Registrar The Registrar will co111sult with and obtain the approval of the Dean of Undergraduate Studies for surveys intended to include undergradu ate students, the Dean of the Graduate School for studies intended .to include graduate students and, in turn, the Chair of the Committee on Release of Confidential Information and Surveys that are not being sent to students must b approved by and co.ordinated through Academic Technology Services (ATS). ATS will expect that additional applicable approvals will have been obtained by the requestor, and may assist the requestor in consulting with the appropriate offices to obtain those approvals. • Surveys intended to include MSU employees must be reviewed and approved in advance by the Office of Employee Relations. The Office of Employee Relations will consult with and obtain the approval of Academic Human Resources for surveys intended • to include MSU faculty or academic staff, and the Dean of the Graduate School for surveys intended to include graduate student employees. Employee Relations may also consult with or need'to obtain the approval of the appropriate collective bargaining unit(s). • For all surveys, if the results of a survey might be published, the survey must be approved in advance by the MSU Human Research Protection Program (http://www. humanresearch. msu. edu/). 2. Other requirements:- • All surveys must be carefully targeted to reach only legitimate subjects of the survey Surveys of large groups (e.g., all faculty; all stafO should be conduct ed through stratified samples of the group rather than by surveying a.ll group members. • Bulk e-mail associated with a survey should be - minimal in content, containing an invitation to the survey explai;ning its purpose and providing a link to the survey itSelf at a separate Web site. • The Office of the,Registrar or Academic Technology Services may charge a fee for assisting with a survey '• Survey requests are rarely accepted from non - University requestors. VI. DESIGN GUIDELINES judicious and well-managed use of e-mail, even for permitted purposes, is critical to maintaining recipients' perception of the validity and effectiveness of electronic communications. The following design guidelines are strongly suggested for e mail distributions originating within the MSU community: A. Use bulk e-mail•infrequently and for reasons of high value to the recipients. 2 For example, the regular constituency of ASMSU is all undergraduate students; the regular constituency of COGS is all graduate and grafuate professional students; the regular constituency of UCFA is all faculty. Student Handbook and Resource Guide 71 B. Keep bulk e-mail messages short. C. Always use a valid MSUnet address in the "From'' line. D. Always use a clear, specific and non-empty subject line. E. Use plain text; avoid HTML F. For bulk e-mailing, clearly identify in the body of the message the originating unit or individual, the set of individuals .being e-mailed; and the purpose of the mes sage. G. Use URLs rather than attachments to refer readers to policy or practice statements, and to long content. H. Do not include or attach personal, confidential, or sen - sitive informatiofi. To assure the integrity of student education records, consult Michigan State_ University Access to Student Information (http://www.reg.msu.edu/ Academic Programs/Text. asp ?Section= 112#s542). I. Carefully target lists of recipients to minimize the num ber of people who receive any given bulk e-mailing. • J. Do not assume that all targeted individuals will receive the e-mail (i.e., do not disadvantage those who may not receive the e-mail.). K. Send large quantities of bulk e-mail at non-peak times for e-mail traffic· (e.g., after 5:00 pm and before noon). 1. Use existing targeted mailing lists and llstservs whenever possible, within the permitted uses of the lists. Recipients should be allowed to opt-in and opt-out of. listservs at their own discretion. M. Use the "blind carbon copy" (bee:) address field to sup press a long list of addresses in the "To" field. N. E-mail sent to students must comply with the Family Educational Rights and Privacy Act; see MSU's Student Records and the Federal Family Educational Rights and Privacy Act (FERPA) (http://www.reg.msu.edu/ AcademicPrograms/Text.asp?Section=l12#s541), and should be sent using the "Blind Carbon Copy" (BCC:) address field to suppress names of students· to whom the e-mail is being addressed. ' VII. COMPLAINTS Complaints regarding alleged violations of this Administrative Ruling should be directed to abuse@msu.edu for consid eration by MSUnet administrators. Users who violate this Administrative Ruling may be subject to revocation or limi tation of e-mail privileges or referral for disciplinary action under established University procedures. · VIII. HISTORY This document was originally implemented on November 21, 2004 and was updated in September 2007 and May 2009. In June 2009 edits were made to clarify the Surveys section and to correct name and Web address references. The following groups were consulted in the deveiopment of this document: -Council of Deans (Fall 2003) -Provost's staff (Fall 2003, Spring 2004) -Vice President for Finance and Operations staff (Fall 2003, Spring 2004) --CORE ·group of vice presidents (Summer 2004) -Communications and Computer Systems Advisory Committees • Network Communications Committee (Fall 2004) • Instructional Computing and Technology Committee (Fall 2004) -Information Services and Technologies Coordinating Council (March 2 09) -University Committee on Student Affairs (April 2009) -University Committee on Faculty Affairs (April 2009) Contact LCT: Questions regarding this Administrative Ruling should be directed to the Vice Provost fo}_ Libraries, Computing, and Technology, 400 Computer Center, East Lansing, MI 48824. Phone (517)353-072_2. BAD CHECK/RETURNED ACH COLLECTION (Administrative Ruling) General Policy: Each individual is sent written notification that his or her check/ ACH has been returned, requesting redemption, either by cash, money order, or certified check, plus a service charge within a period of three (3) weeks. 1. Check/ACH negotiated for the purpose of registering, including payment of holds, tuition, board and room: Immediately upon· receipt of the unpaid check/ ACH by the University, a financial hold is placed against the student. Written notification i~ sent to each student indicating that a check/ ACH was returned and requesting the student to redeem the check/ ACH or contact the Cashier's Office within three (3) weeks .. The notice also indicates that the student's registration may be cancelled if the check/ ACH is not redeemed by the due date on the notice. A student whose registnition has been cancelled may be all9wed to reregister during the semester subject to class availability, department approval, and the payment of all outstanding obligations with certifiable funds. A service charge of $75 is assessed unless the student presents a· letter from his or her bank stating that the bank made an error·The $75 service , charge is comprised of a $25 returned item service charge and a late registration fee of $50. 2. Check/ ACH negotiated for reasons other than registration: Writteri notification' is sent to a person indicating that his or her check/ACH,hak been returned. This notice requests redemption of the check/ACH within a period of three (3) weeks by cash, money order, or certified check plus a $25 service charge. a. Non-Student Check/ACH-If there is no response to the notice, a follow-up letter will be mailed allowing three (3) more weeks in which to pay If unpaid by the due date on the notice, the check/AC:H is charged back to the department concerned. If the check/ ACH amount and service charge totals $25 or more it is sent to Delinquent Receivables and may be referred to a col lection agency 72 SPARTAN LIFE-2010 b. Student Check/ACH-Immediately upon receipt of the unpaid check/ ACH by the University, a financial hold is placed against the student. If the check and service charge remain unpaid, the account ~ay be turned over to Delinquent Receivables for collection. 3. Checkl ACH negotiated when it appears that the indi vidual has full knowledge that funds were not avail able or the person admits to securing money under false pretenses: a. If the individual or student fails to make restitution as a result of normal follow-up procedures,·and it appears that the individual has full knowledge that funds were not available, or the person admits to securing money under false pretenses, the case will be reviewed for possible prosecution. b. Individuals wishing to make restitution on a check/ ACH referred to the Department of Police and Public Safety must make restitution at that office. 4. Bad Check List: a. A student, who has issued three (3) checks and/or ACH's to the University that have been returned within a 12 mon.th period, will be sent written notification that his or her name is being placed on the bad check list. In addition, any student who fails to make restitu tion on any check/ ACH by the deadline on his or her original notification letter will be sent a letter advising that his or her name may be placed on the bad .check list if not paid within three (3) weeks. Both letters also advise him or her that all future payments to the University must be by cash, money order, or certified check. A student whose registration has been cancelled for nonpayment of a registration check/ACH will be immediately placed on the bad check list. b. Placement on the bad check list may be' cause for denying future short term loans. c. A student may request that his _or her name be removed from the bad check list one year from the date his or her last returned check/ACH was paid in full by completing a form in the Cashier's Office. S. Other Sanctions: In addition, the University reserves the right to take one or more of the following actions: · a. Refer past-due unpaid returned checks/ACH and ser vice charge to an external collection agency and report the. balance to a credit bureau. b. Refer the student to the Office of ~tudent Affairs and Services for disciplinary action. c. Bring action ag<;1inst the individual for the amount of a returned check/ACH not redeemed within 30 days of the date of the notification letter and $250 in costs. In addition, the court could rule that you must also pay the greater of $100 or two times the amount of the returned check/ ACH. If you pay the total amount due wjthin 30 days, no civil action will be taken against you. -Vice President for Finance and Operations and Treasurer -January 1, 1975 (Amended 1981, 1982, 1985, 1988, 1989, 1990, 1993, 1994, 1998, 1999, 2000, 2003) · BICYCLES (Abridges text from ordinances 10.00 and 33.00) If a bicycle is operated, parked or possessed on MSU property, the MSU Police remind you that a bicycle must bear a current, valid and properly affixed permit issued by the Michigan State University Department of Police and Public Safety, the City of Lansing, the City of East Lansing, Lansing Township or Meridian Township. 1. Registering. Any bicycle operated or possessed on cam pus must bear a current, valid and properly affixed permit issued by the Michigan State University Department of Police and Public Safety, the City of Lansing, the City 'of East Lansing, Lansing Township or Meridian Township. Permits issued by the University are available online at www.police.msu.edu. The bicycle's serial number or a self selected number that has been engraved into the frame of the bicycle (engravers are available at the Police Desk) must be provided to register the bicycle. Permits must be attached according to the instructions on the back of the permit (to the frame post located below the bicycle seat). 2. Parking. Unattended bicycles must be placed in bicycle racks and locked. Under no C;i.rrnmstances shall bicycles be parked in shrubbery, near building exits or entrances, in vehicle parking areas, or next to poles, posts, trees, hand , rails, etc. 3. Impounding. Bicycles not properly parked, not registered, parked unlocked or in disrepair may be impounded. It may be reclaimed Monday-Friday, 8:00 a.m.-4:30 p.m., at the MSU Parking Office upon proof of ownership and payment of the established impound fee. Impounded bicy cles will be held at least 30 days, after which, unclaimed bicycles will be transferred to MSU Surplus to be sold. 4. Annual Cleanup. Starting the week after spring semester and during the ?ummer, MSU Parking performs an annual bike cleanup. Bikes that are not registered with a valid permit will be impounded whether they are attached to a bicycle rack or not. Impoundment includes bikes that are in disrepair, or attached to meters, signs, railings, etc. A bicycle in proper repair that is lo.eked to a bicycle rack and bears a current, valid and properly affixed permit issued by the Michigan State University Department of Police and Public Safety, the City of Lansing, the City of East Lansing, Lansing-Township or Meridian Township should not be impounded. S. Operation. State law and local ordinances require that bicycles be operated as if they were motor vehicles. You are required to yield the right of way to pedestrians jn marked crosswalks, obey all traffic control signs and devices and keep as far to the right on the roadway as is possible, using bicycle lanes when available. Riding on sidewalks or footpaths, riding more than two abreast or riding against traffic is prohibited. I 6. Equipment. Bicycles operated during du,sk, darkness or dawn hours shall show a white light to the front and. a red light or reflector to the rear. 7. Enforcement and Administration. MSU Police is respon sible for the enforcement and administration of the University Traffic Ordinance, the Michigan Motor Vehicle Code and the bicycle licensing (registering) and control provisions thereof Student Handbook and Resource Guide 73 General bicycle information may be found at the MSU [>olice Website: www.police.msu.edu. OR in the Student Parking and Driving Regulations at www.police.msu.edu/mgtserve/ regulations/sturegs.pdf Detailed information may be found at the Michigan State University ordinance website: www.trust ees.msu.edu CAMPAIGNING, CANVASSING, AND PETITION DRIVES Persons interested in conducting political activities on the University campus should contact the Student Life Center, 101 Student Services Building, for a copy of "Guidelines for Campaigning, Canvassing, and Petition Drives on the Michigan State University Campus." These guidelines contain information regarding the means by which political activities may be conducted on grounds governed by the Michigan State University Board of Truste~s. As referred to in the guidelines, "political activities" include: . 1. Campaigning-for an issue or a candidate which appears or will appear on a duly constituted ballot for a University; local, state or national election. . 2. Petition drives-to place an issue on a duly constituted ballot, to seek a recall, to have a referendum. 3. Canvassing--direct personal.contact W,ith individual vot- ers to solicit their political support or opinions. 4. Voter registration. The guidelines contain specific information regarding the following types of activities: Registration of candidates or speakers, supporting candidates and/or issues; posters and signs; leaflets and handbills; fund-raising; use of University facilities; outdoor events, including use of public address equipment and bullhorns, and parades; voter registration in University residence halls. Specific regulations and ordinances which apply and which are included by reference within the guidelines are listed below: All are printed in Part llI of this book. Speakers Policy; Outside Signs and Structures (Ordinance 28) Distribution of Material in Residence Halls University Facilities and Services Residence Hall Space Use Policy Parades, Processions, and Sound Trucks Public Address Equipment Disorderly Assemblages or Conduct (Ordinance 15) CAMPING (Ordinance 13.00) . Except in connection with approved University activities whic;:h require overnight occupancy at the site of the activity; no person shall camp within the confines of land governed by the Board. "Camping" means the erecting of a tent or shel- ter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home, or trailer for the apparent purpose of overnight occupancy. It shall .be a violation of this ordinance to camp without a permit. --;-Board of Trustees -Enacted: September 15, 1964 -Amended: October 12, 1990 December 10, 1994 CAMPUS MAIL SERVICE (All-University Policy) 1. At its May; 1965 meeting, the Board of Trustees. reaffirmed that MSU Mail Service is intended only for the distribution on Campus of official University communications and the collection and metering of mail for off-campus mailing. 2. Examples of communication that will be handled are: ' Notices of faculty meetings or other University department sponsored affairs or programs, communications from one department of the University to another, and memoran dums from one individual to another when pertaining to current University business. Those that cannot be distrib uted are requests for contributions (except Community Charitable Campaign), sales or collections by campus organizations or individuals, church announcements, club announcements, notices of political or organizational meet ings· except meeting of learned and professional societies. 1 -Board of Trustees -May; 1965 (NOTE: Student organizations having questions regarding the Campus Mail Service should call the University Stores Manager at 355:1700.) CLOSING HOURS IN UNIVERSITY RESIDENCES (Student Group Regulation) CLOSING HOURS: a. All residence halls will be closed at the following hours: 12 midnight-7 a.m. seven days a week. - ARRIVAL AND AB?ENCES . a. Registration Week Students are required to check in, in person, upon arriv ing at their designated residence hall during registration week. b. Absences All students are encouraged to inform their Mentor (Resident Assistant) of prolonged absences of more than 24 hours so they may be reached in case of an emergency. 1 Private Express Statues (Vol. 39 Federal Register) pp. 33211-13. Sect. 310.3(b) does not permit the Campus Mail Services to rel'.'.eive and/or carry letters (1) which do not relate to the current business of University, e.g., personal letters of the University's officers and employees, (2) exchanged between non-University agencies, or (3) exchanged between students. f 74 SPARTAN LIFE-2010 -Residence Halls Associations -Associated Students of Michigan State University -Vice President for Student Affairs and Services -February 7, 1973 (See also: General Student Regulation 4.0Q) SECURITY PROCEDURES: a. Campus Living, Residence Halls Association, and Vice President for Student Affairs and Services personnel shall establish guidelines for security in residence halls in accordance with this policy b. Each residence hall shall establish internal security proce dures consistent with the guidelines of 2.a. above, which reflect unique differences in the needs and desires of the residents of each hall, and differences in the physical design and construction of each hall. -Residence Halls Associations -Associated Students of Michigan State University -Vice President for Student Affairs and Services -June 16, 1972 CODE OF TEACHING RESPONSIBILITY Satisfaction of teaching responsibilities by instructional staff members (herein referred to as instructors) is essential to the successful functioning of a university This University conceives these responsibilities to be so important that performance ~y instructors in meeting the provisions of this Code shall be taken into consideration in determining salary increases, tenure, and promotion. 1. Course content: Instructors shall be responsible for ensuring that the content of the courses they teach is consistent with the course descriptions approved by the University Committee on Curriculum and the Academic Council. Instructors shall direct class activities toward the fulfillment of course objectives and shall evaluate student performance in a manner consistent with these objectives. 2. Course syllabi: Instructors shall be responsible for dis tributing a course syllabus (either in print or electronic form) at the beginning of the semester. The syllabus shall minimally include: (a) instructional objectives; (b) instructor contact information and office hours; (c) grading criteria and methods used to determine final course grades; (d) date of the final examination and tentative dates of ~required ·assignments, quizzes, and tests, if applicable; (e) attendance policy, if different from the University attendance policy and especially when that atten dance policy affects student grades; and required and recommenped course materials to be . purcha;;ed, including textbooks and supplies. CD 3. Student Assessment and Final Grades: In.5tructors shall be responsible for informing students, in 'a timely man ner so as to enhance learning, of the grading criteria and methods used to determine grades on individual assign- ments. Instructors shall be responsible for assessing a student's performance based on announced criteria and on standards of academic achievement. Instructors shall submit final course grades in accordance with University deadlines. 4. Testing Documents: Instructors shall be responsible for returning a students student answers to quizzes, tests, - · and examinations with such promptness to enhance the learning experience. Instructors shall retain final examina tion answers for at least one semester to allow students to review or to retrieve them. All testing questions (whether on quizzes, tests, or midsemester or final examinations) are an integral part of course materials, and the decision whether to allow students to retain them is left to the dis cretion of the instructor. 5. Term Papers and Comparable Projects: Instructors shall be responsible for returniI).g to students student term papers and other comparable projects with sufficient promptness to enhance the learning ex;perience. Term papers and other comparable projects are the property of students who prepare them. Instructors _shall retain such unclaimed course work for at least one semester to allow students to retrieve such work. Instructors have a right to retain a copy of student course work for their own files. 6. Class Meetings: Instructors shall be responsible for meeting tlteir classes regularly and at scheduled times. To allow units to take appropriate action, instructors shall notify theii: units if they are to be absent and have not made suitable arrangements regarding their classes. 7 Applicability of the C~de of Teaching Responsibility to Student Assistants: Instructors of courses in which assistants are authorized to perform teaching, grading, or other instructional functions shall be responsible for acquainting such individuals with the provisions of this Code a_nd for monitoring their compliance. 8 . . Instructor Accessibility to Students: Instructors shall be responsibl~ for being accessible to students outside of Class time and therefore shall schedule and keep office hours for student conferences. Office hours should be scheduled at times convenient to both students and instructors'with the additional option of mutually convenient prearranged appointments for students whose schedules. conflict with announced office hours. Each teaching unit shall deter- . mine the minimum number of office hours for instructors in that unit. Instructors who serve as academic advisors also shall be responsible for maintaining appropriate office hours before and during enrollment periods. In addition to office hours, instructor accessibility through email and other means is encouraged. 9. Commercialization of Course Notes and Materials: . The University prohibits students from commercializ- ing their notes of lectures and University-provided class materials without the written consent of the instructor. Instructors may allow commercialization by including per mission in the course syllabus or other written statement distributed to all students in the class. Student Handbook and Resource Guide 75 HEARING PROCEDURES 1. Students may register complaints regarding an instructor's failure to comply with the. provisions of the Code of Teaching Responsibility directly with that instructor. 2. Students may also take complaints directly to teaching units' chief administrators or their designates.* If those persons are unable to resolve matters to the student's sat isfaction, they are obligated to transmit written complaints to unit committees charged with hearing Sl_lch complaints. A copy of any complaint transmitted shall be sent to the instructor. A written report of the action or recommenda tion of such groups will be forwarded to the student and to the instructor, normally within ten working days of the receipt of the complaint. 3. Complaints coming to the University Ombudsman* will be reported, in writing, to chief administrators of the teaching unils involved when in the Ombudsman's opin ion a hearing appears necessary. It will be the responsibili ty of chief administrators or their designates to inform the instructor and to refer such unresolved complaints to the unit committees charged with hearing such complaints. A written report of the action or recommend~tion of such groups will be forwarded to the University Ombudsman, to the student, and to the instructor, normally within ten working days of the receipt of the complaint. 4. Students wishing to appeal ~ teaching unit acti~n or rec ommendation may do so as outlined in Academic Freedom for Students at Michigan State University, Graduate Student Rights and Responsibilities, or Medical Student Rights and Responsibilities. *Such Complaints must normally be initiated no later than the middle of the semester following the one wherein alleged violations occurred. Exceptions shall be made in cases where the involved instructor or student is absent from the Univer~ sity during the semester following the one wherein alleged violations occurred: History of Approval Original Document: 1 -Academic Council, November 4, 1969 -Academic Senate, November 19, 1969 Revisions -Academic Council, May 19, 1976 -Academic Council, February 27, 1996 ~Academic Council, April 19, 2005 CONFLICT OF INTEREST IN EDUCATIONAL RESPONSl~ILITIES RESULTING FROM CONSENSUAL AMOROUS OR SEXUAL RELATIONSHIPS 1,2 (All-University Policy) (~olicy #04-17-05) An amorous or sexual relationship between a student and a faculty member, a graduate teaching assistant or another Uni versity employee who has educational responsibility for that student may impair or undermine the ongoing trust needed_ for effective teaching, learning and professional development. Because of the faculty member, graduate assistant or other employee's authority or power over the student, fonerently conflicting interests and perceptions of unfair advantage arise when a faculty member, graduate teaching assistant or other employee assumes or maintains educational responsibility for a student with whom the faculty member, graduate teaching assistant or other employee has engaged in amorous or sexual relations. It is, therefore, the policy of Michigan State University that each faculty member, graduate teaching assistant" and other University employee who has educational responsibilities for students shall not assume or maintain educational responsi bility for a student with whom the faculty member, graduate teaching assistant or other employee has engaged in amorous or sexual relations, even if'such relations were consensual. Whether such amorous. or sexual relationships predate the assumption of educational responsibility for the student, or arise out of the educational relationship, the faculty member, graduate teaching assistant or other employee shall imme diately disclose the amorous or sexual relationship to the relevant unit administrator, who shall promptly arrange other oversight for the stu~ent. In unusual circumstances, the achievement of the affected student's academic requirements may l'lecessitate cogtinued oversight of the affected student by the faculty member, graduate teaching assistant or other University employee who has engaged in amorous or sexual relations with that student. In such Circumstances the unit administrator shall, therefore, have authority, after consulting the affected student, to permit the continued oversight of the affected student by the faculty member, graduate teaching assistant or oth~r University ' employee, provided that the faculty member, graduate teach ing assistant or other University employee shall not ·grade or otherwise evaluate, or participate il} the grading or other evaluation of, the work 'of the affected student, and that the alternative arrangerrieRts for grading or evaluating the affected student's work treat the student comparably to other students. -Academic Council -April 23, 1996 -Board of Trustees -Novemb_er 8, 199(5 1 The Board of Trustees approved this policy statement on November 8, 1996. The Board of Trustees adopted a subsequent motion which emphasized the view of the Board that consensual amorous or sexual relations between faculty and students are discouraged. , 2 Other relevant policies include "Supervision of Academic Work·by Relatives" and "Conflict of Interest in Employment" ~ 76 SPARTAN LIFE-2010 . ' DISORDERLY ASSEMBLAGES OR CONDUCT (Ordinam;e 15.00) 01 No person shall, without authorization, assemble together anywhere on the campus for the pm;pose of creating any excessive noise or disturbance, riot, raid, or disruption, or assemble in a manner which obstrusts the free move ment of persons about the campus or the free and nor mal use of University buildings and facilities, or prevents or obstructs the- normal operatibns of the University .02 No person shall disrupt the normal operation of any prope.rly authorized class, laboratory; seminar, exami nation, field trip or other educational activity of the University .o3 No person shall disrupt the normal use of any campus building or area which has been assigned or scheduled by appropriate means for educational or extracurricular activities. Included within, but not limited to the forego ing, is the use of appropriate buildings or areas for dra matic or musical presentations, lectures, athletic events, military exercises, orientation meetings, registration, com mencement ceremonies, and placement activities. .04 No person shall use public address equipment, bullhorns, or other methods of sound amplification anywhere upon the campus except through written permit by the Secretary of the ·Board of Trustees . .05 No person shall disrupt the normal activity or molest the property of any person, firm or agency while that person, firm or agency is carrying out service, activity or agree ment for or with the University .06 No unauthorized person shall enter upon the playing area of any athletic contest or exhibition while said con test or exhibition is in progress. .07 No person shall project or drop any object which could cause injury; damage or interference in the spectator or playing are~ during any athletic contest or exhibition. I .08 No person shall enter or attempt to ei;i.ter into any dance or social, athletic, theatrical or other public event without a ticket of admission to such event when such tickets are required, or enter or attempt to enter contrary to any established rules or qualifications for eligibility for atten dance at such events as ~rovided by the sponsors. No person ineligible to attend such events shall loiter about the premises where such an event is being held. .09 No person shall enter any steam tunnel, mechanical room or boiler room unless required to do so in the proper performance of assigned University duties. .10 No person shall make, or continue, cause or permit to be made, orally or by use of any device, any unnecessary noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space . or public right of way shall be exempt from this section, except as otherwise provided herein. .11 No person shall urinate or defecate in any public place or upon any public or private property; except in a sanitary facility intended for such activities. 1 The following acts, and the causing thereof, are hereby declared 'to be violations of this section: Sound Production and Reproduction System. The playing, using or operating, or p~rmitting the playing, usiri.g or operating, of any television or radio receiving set, musical instrument, or other machine or device for producing, reproducing or amplifying sound, in such a manner as to create a noise disturbance, or at any time with a louder volume than is reasonably necessary for convenient hearing for the person(s) present in the room, vehicle or other place in which such instrument, machine., set or device is operated and who are voluntary listeners thei;eto. The operation of any such television or radio receiv ing set, instrument, machine or device between 11 :00 p.m. and 7:00 a.m. of the following day in such a manner as to be plainly audible at a distance of seventy-five feet from the building, structure, vehicle or other place in which it is locat ed shall be prima facie evidence of a violation of this section. This subsection shall not apply to noncommercial speech. _ -Board of Trustees'. -Enacted: September 15, 1%4 -Amended: April 20, 1973 December 10, 1994 February 10, 2005 (See also: Student Disorderly Conduct Policy, MSU Policy#: 06-11-01) . DISTRIBUTION OF LITERATURE The right of students. to express opinions and communicate ideas in writing is viewed by the University as fundamen- tal, subjecttt:o "regulation only with regard to the manner of distribution, and the identification of the author For this I reason, the over-riding principles governing student publi cations are contained in the document codifying student rights and responsibilities, Academic Freedom for Students at Michigan .State University, specifically in Article 6, entitled "Independent and University-supported Student Publications." DISTRIBUTION -OF MATERiAL IN , RESIDENCE · HALLS (Student Gr9up Regulation) L Mailbox distribution Material may be placed in University residence hall mail boxes provided it qualifies as oqe of the following: a. U.S. mail. 1 b. Campus mail with student's name and room number. c. Material from complex directors, Department of Residence Life, area directors, residence hall managers, hall government or Residence Halls Association (RHA). d. Registered student organizations, living unit organiza tions, major governing groups and ASMSU, if the mate- 1 U.S. postal regulations entitle incumbent U.S. senators and representatives to send first class mail to their constituents without full names and addresses. Accordingly, such mail delivered to residence halls will be distributed to residents' mail boxes. Student Handbook and Resource Guide 77 rial carries the student's name and room number. RHA is excepted from this provision. does not comply with this policy will be referred to the prope:_ authorities. e. Material presented to the desk receptionist if the mate rial has the student's name and room number. (This is to be understood as communication between individu als, not mass distribution.) The above procedures are to protect all the occupants of the halls from mass distribution of material that is generally not of interest to the majority of the occupants; to protect the privacy of the individual; and to facilitate a method of circu lation which is feasible and effective. 2. Free-will, pick-up distribution Mass distribution of material, on a free-will, pick-up basis, may be accomplished in the University residence halls at the designated distribution center. Any University or student group or organization may distribute at this center, provided the name oI the individual or individuals responsible for the material appears on the item to be distributed. If the orga nization or group is registered or has obtained a charter, the name of the organization shall appear on the material. This material may be removed after three days of exposure. Any petitioning or leafleting within the halls which requires the use of hall space requires the permission of that hall government, and Residence Life director. Halls which have , no organized, functioning government refer jurisdiction to RHA, Guest Services Manager, and the Assistant Director of Residence Life. 3. Door-to-door distribution There shall be no door-to-door distribution of any nature. 4. Commercial distribution No advertising for commercial and/or non-University interests shall be permitted, other than regular United States mail fully addressed with the student's name and room number. 5. Bulletin boards a. All notices and publicity for recognized and authorized student organizations (registered student organizations, living unit organizations, major governing grpups, and ASMSU) to be posted in residence halls shall be cleared through the Department of Residence Life, G- 64 Wilson Hall. ' b. All other notices or publicity shall be cleared by the complex director. A blanket approval may be issued by the Director of Campus Living or the Departrpent of Residence Life. c. No advertising for commercial interests will be permitted. d. Size of notices and publicity shall not exceed 12 inches x 18 inches. e. Each individual residence hall shall have final author ity to make exceptions in regard to its policy of bulletin board maintenance. 7. Revisions ::-'!"'_ .... - Any revision of any part of this policy must be approved by Residence Halls Association, -the Department of Residence Life, Campus Living Services, and the University Committee on Student Affairs. -Residence Halls Association -Department of Residence Life -Dept. of Campus Living Services -Univhsity Committee on Student Affairs -Vice President for Student Affairs and Servic;es -May, 1965; Revised February 27, 1973; July 22, 1983 (See also:. General Stuqent Regulation 2.00, 3.00, 4.00 and 500.) EXAMINATIONS (Ordinance 17.00) Dl No person shall procure in any unauthorized manner any examination question or answer related to any course of study offered at Michigan State University, regardless of the form or format in which such question or answer may originally have been maintained. .02 No pers9n shall furnish to any unauthorized person any examination question or answer related to any course of study offered at Michigan State University, regardless of the form or format in which such question or answer may originally have been maintained . . I .03 The unauthorized possession of any of the aforesaid examination documents shall be considered prima facie evidence of an attempt to violate the provisions of this section. -Board of Trustees -Septembfr 15, 1964 -Revised December 10, 1994 -Revised April 14, 1995 FACILITIES AND SERVICES, UNIVERSITY I. ALL-UNIVERSITY POLICY FOR USE OF MICHIGAN STATE UNIVERSITY FACILITIE.S _ AND SERVICES Exclusive of Residence Halls, Food Stores and Kellogg Center, by Students; and for Revenue-Producing Projects of Students (Student Group Regulation) 6. Violation of this policy a. Use of Facilities and Services a. Any student in a University residence hall who does not comply with this policy will be referred to the student's complex director. The staff member may refer the student to the hall judiciary if deemed necessary. b. Any other student will be referred to the Office of the Vice President for Student Affairs and Services. c. Any individual outside the University community who 1) All qualified registered student organizations, living unit organizations, major governing group_s, CouncH of Graduate Students (COGS), and Associated Students of Michigan State University (ASMSU) are to be allowed to use University facilities .and services. These activities and their time, place, and manner must be scheduled according to University policies and procedures. The 78 SPARTAN LIFE-2010 activity for which a facility is requested cannot physi cally confllct with other previously scheduled events or interfere with basic ongoing facility requirements. 2) All events and meetings held on University property or in University facilities which are not "for members only" shall be deemed public meetings open to the University community and any member of that com munity shall be admitted without discrimination as to race, creed, ethnic origin, age, political persuasion, mar tial status, disability status, sex, or sexual orientation. Meetings and events which are "for members only" must be so designated when facilities are requested. In addition, the organization must have a record of the individual members prior to requesting facilities and may invite only the pre-determined membership to the meeting or event. 3) Security measures for public meetings shall be routine ly cleared through and approved by the Department of · Police and Public Safety Should security procedures, as determined by the Department of Police and Public Safety; result in more than routine security costs, the additional costs shall be assumed by the group sponsoring the event. In the event that the sponsor ing group contests the ruling of the Department of Police and Public Safety as requiring excessive precau tions, the group may appeal the ruling under Article IV of Academic Freedom for Students at Michigan State University. b. Revenue-Producing Projects 1) For the purposes of this policY, all activities involving the collection of money by student groups are defined as revenue-producing projects. Revenue-producing projects include the selling of printed materials, politi cal materials, student-produced goods, studentprovided services, the selling of tickets and/or charging admis sion to public activities or events, the soliciting of voluntary contributions, and the selllng of other goods and services. 2) No revenue-producing event held on campus or in University facilities may directly benefit financially the individual officers and/or members. Any exceptions to this must be approved through the Student Affairs and Services Division. 3) Only registered studef!t organizations, living unit orga nizations, major governing groups, COGS, and ASMSU may conduct revenue-producing projects on campus. 4) Registered student organizations sponsoring revenue producing events on the campus or in University facili ties must have a University financial account and all revenues and expenditures of the revenue-producing event must go through this account unless the rev enues are under $50 per day The University; through the .Student Affairs and Services Division, reserves the right to review and audit this account. 5) All revenue-producing projects must be registered with the Student Affairs and Services Division except: a) Revenue-producing projects in which only the membership of the sponsoring registered student organization or living unit organization is solicited. b) Sales of student and University publications. (Ihis shall be in accordance with the guidelines established in Academic Freedom for Studrnts at Michigan State ,University.) 6) The following guidelines are established and apply to all revenue-producing projects conducted oh camtms: a) The date, location, and a brief description of the revenue-producing project must accompany the reg istration which must be signed by the sponsoring organization's advisor and presiding officer. These signatures will indicate the sponsoring organiza tion's approval of said project. b) The sponsoring organization assumes all respon sibility for conducting a revenue-producing project in compliance with the ordinances, written policies, qnd regulations of Michigan State University c) The establishment of booths and/or door-to-door solicitation for the purpose of selling literature, publications, goods and services, and tickets is prohibited in any classroom building. An exception to this shall be made for those events held in class room buildings ;,hich require a ticket or admission charge for admittance or solicit a voluntary contri bution. In these instances, the sale of tickets or the collection of the admission charge, or the solicita tion of the voluntary contribution may take place at the approximate time of the event and in the area of the classroom building designated for the event. d) The establishment of booths and/or tables for sell ing literature, publications, permitted goods and services, and tickets, and the solicitation of volun tary contributions is permitted in the main con course of. the MSU Union and in the lobby of the International Center. e) Revenue-producing projects conducted on campus, outside of campus buildings, may not interfere with the use of streets, sidewalks, and building entrances or classes, and other organized educational activities. O Organizations may be required to pay a standard .~ service charge only for any additional University services that might be required because of the rev enue-producing project. There.'may also'be a rental charge for the use of some facilities. The decision to assess such charges may not be based on the method of collection of revenues, the purpose of . the revenue-producing project, or the nature and/or composition of the sponsoring group. -Associated Students of Michigan State University -Council of Graduate Students -University Committee on Student Affairs -Vice President for Student Affairs and Services -May 17, 1971, Revised June 6, 1986 2. USE OF SPACE IN RESIDENCE HALLS (Student Group Regulation) . Residence halls at Michigan State University have been designed to include multipurpose space for academic, social, cultural, governmental, and recreational programs. Residence hall space is primarily for the use and benefit of those stu - Student Handbook and Resource Guide 79 dents who reside in residence halls during a regular academic semester (which is defined as the first day of hall . opening through hall closing for that semester). For this reason, the recognized governing body of a hall or its authorized repre sentative and hall director are 'responsible for the granting of permssion to use sp<)ce in that hall. (The hall director will as sume all responsibility if a student government does not exist in a given hall.) The Hall Director and governing body of the hall should not become simply a booking agent, but should recognize that through their responsibility for reserving hall space they can provide hall residents with opportunities for an expanded range of experiences and involvement. This re sponsibility includes both educational and financial consider ations which extend !;>eyond the mechanics of booking rooms. Furthermore, this responsibility must include a concern for the safety and security of the residents and the hall. a. General Guidelines for Space Use 1) Initial contact for the approval and booking process for use of classrooms, kivas, lounges, conference rooms, dining rooms, and similar space, outside of regularly scheduled day and evening classes within a particu lar hall is initiated by contacting the Campus Living Services Booking Manager. In this initial contact the steps in the approval and booking process specific to the particular hall will be explained. 2) The hall student government and hall dir~c;tor shall develop and have available copies of its specific policy for use of space within that particular hall. It shall include: a) procedures for obtaining approval ;md registration for use of space. b) the means and procedures for covering labor, set-up and clean-up costs; the method of financing; the collection of deposits, if applicable; and the assess ment of damage charges to the person and/or the group making the booking. c) a list of groups that have automatic approval to book specific facilities for meetings through the booking office for the purpose of making booking regularly scheduled meetings more expedient .These groups could include academic groups located wilhin the hall, residential colleges within the hall, hall governments, advisory staff, management and possibly other groups as appropriate. d) a list of the facilities in the hall which are available and any limitations on the use of each facility which are appropriate including fire safety limitations. e) a list of the specific groups in a given hall that qualify as "within-hall groups" as defined in Section 2.b. f) a statement about ''other groups" as defined in Section 2.b. of this policy This statement will allow for an individual hall to restrict its space based on such considerations as the size of the group, alcohol use, and the nature of the activity. g) a statement which indicates the closing hours for events. All events or activities held within the liv ing area are expected to end at hall closing-12:00 midnight, Sunday through Thursday and 1:00 a.m., Saturday and Sunday mornings. However, halls may identify specific facilities outsilie the living afea which could be used for e~nts continuing past closing. Such events may be planned only by "within-hall groups." The facilities for such events must be in locations whfcti result in no disturbance to residents in the living areas. If such facilities can be identified in a given hall and agreed upon by hall government and the hall director, a. proposal for such an after-hours policy should be forwarded for examination and approval by the Area Director and Associate Director . .Such a proposal should also contain explicit expectations for the way in which the hall escort policy will be maintained during such events without excessively overburdening the night receptionist. It would include, furthermore, a stipulation that such events will end promptly at the agreed upon closing time at the initiative of the residents planning the event and without the need for intervention by advisory staff. Subsequent to approval of such a policy, only the hall director, the Campus Living Services Booking Manager, and hall government will need to give approval for a given event. h) procedures to be taken against a group which vio lated agreements or policies governing the use of residence hall space. i) other, as may be appropriate to each individual hall. 3) Carpeted dining rooms may be used for dances if a suitable floor covering is provided to protect the car- , peting. If damages to carpeting occur as a result of dances or any other activity, the use of dining rooms for such purposes will be discontinued. · 4) · Food service, cleaning, set-up, and similar services must be secured through the Residential Hospitality and Services Culinary Service Manager. Listed below are general guidelines and exceptions to these guide lines may be made by the Residential Hospifality and Services Culinary Service Manager according to limita tions of that particular hall or the r_equirements of .a given event: a) Events requiring food service need two to three weeks advance notification after approval is obtained and booking procedure_:; completed. b) Events requiring special set-up or maintenance need one week advance notification after approval is obtained a.nd booking procedures completed~ c) Events requiring no speciai'set-up need three working days advance notification after approval is obtained and booking procedures completed. 5) Since approval fol' use of residence hall facilities ·must be made jointly by the hall government, the hall direc tor, and Campus Living Services Booking Marrnger, any one of the parties may veto the use of a hall facility by any group. Such an action should be based upon a sound rationale: for example, a group which failed to fulfill its obligations in the, past might be disallowed any further use of space. Primary respo!1Sibility for such decisions exists at the hall level and any dissatis faction with such a decision should be discussed, first, 80 SPARTAN LIFE-2010 at the hall level. An appeal is possible, but not to be considered routine, if a group thinks it has been treated unjustly An appeal board consisting of the area director, Campus Living Services Booking Manager, and RHA designate can be convened by contacting one member. 6) Any event involving the .collection of funds shall com ply with the All-University Policy for Use of Michigan State University Facilities and Services, exclusive of Residence Halls, Food Stores, and Kellogg Center by Students; and for Revenue-Producing Projects of Students and with Ordinance 27.00 regarding selling and advertising. Only those organizations specifically enumerated in these policies shall be eligible to collect funds for any event a) All student revenue-producing events fall under the jurisdiction of ASMSU, RHA, and the Department Qf Student Life. Such events must be registered with the Department of Student Life prior to seeking hall space. (Information on procedures for registra tion of revenue projects is available in the Student Life Center, 101 Student Services.) b) Granting permission to use hall space for such rev enue producing events remains the responsibility of the hall government, hall director, and hall manager. 7) Any group requesting use of space in a hall for an event which involves the use of alcoholic beverages must also secure registration and approval for the · event under the guidelines of the Administration Ruling (Use of Alcohol) and the alcohol policy of that hall in which the event will be held. 8) Advertising for any event must follow established procedures. (See policy for Distribution of Material in Residence Halls, Fundraising and Revenue-Producing Projects, and Signs.) 9) Any petitioning or leafleting within the halls which requires the use of hall space requires the permission of the Campus Living Services Booking Manager. (See also: Distribution of Material in Residence Halls and Guidelines for Campaigning, Canvassing, and Petition Drives on the Michigan State University Campus, in the Student Life Center, 101 Student Services.) 10) Once space is approved for an all-University event/ meeting to be held in residence h(lll facilities it shall be deemed a public meeting or event open to the entire University community Any member of that community shall be admitted without discrimination due to race, creed, religion, national origin, sex, or sex ual orientation. Similarly, any activity, event, or meeting approved for a house, hall, or complex shall be open to their members of the specific community without discrimination. Exceptions to the above such as special meetings or events wh~ch are ·"for members only'' must be so des ignated when facilities are requested and advertised as such. In addition, the organization must have a record of individual members prior to requesting facilities and may invite only the pre-determined membership. 11) Formally scheduled classes should be conducted in facilities scheduled for that purpose unless prior Student Handbook and Resource Guide approval for change is obtained from the academic department, the Office of Space Utilization, the Campus Living Services Booking Manager. 12) Should the need for special academic services occur, (i.e., testing, tutoring, help sessions, or mak~-up class es) prime consideration should be given to making such space available. 13) Groups which fail to adhere to the responsibilities outlined in this policy or specific hall policies may be denied future use of space. However, before disciplin ary/administrative action can be taken against a group, the basic tenets of due process must be followed. a) The group shall be informed in writing that they are accused of space use policy violations. The dis ciplinary/administrative process may be initiated by either the hall government, the Campus Living Services Booking Manager or the Residence Life staff. · b) The group shall have the 'opportunity to defend itself against the alleged accusations to a com mittee comprised of representatives of the hall government, the Campus Living Services Booking Manager and Residence Life staffs. If an allegation is not contested by the group, the decision of the hall government, the Campus Living Services Booking Manager and Residence Life staff becomes effective. c) The group shall be informed, in writing, by the hall government, the Campus Living Services Booking Manager and Residence Life staff of any disciplin ary/administrative action being taken against it Specific restrictions or sanctions should be detailed and included in the written notification. d) Final appeal may be addressed to a committee comprised of the ,Area Directors, and RHA repre- sentative. \ e) RHA, the Department of Residence Life and Campus Living Services will keep a list of groups not adhering to the responsibilities outlined in this policy and will make such information available, upon request, to the halls. · ' b. Use of Space by Within-Hall Groups The following guidelines as well as the general guidelines shall apply to the use of space for student groups within a particular hall. 1) Within-hall groups qualify for the use of residence hall facilities. Such within-hall groups and activities include three major categories: a) an event or activity planned by the.hall, house, or hall government and, 1) attended solely by resi dents of that hall, or 2) attended by residents of that hall and their invited guests. b) an event or activity planned and attended by a hall group, which has been formally recognized by the hall governn;ient, and that group's invited guests. 'Hall groups which are so formally recognized are those which have received financial appropria tions from the government, or have been formally approved and registered by the government (i.e., photography group, weightlifting group, Black Caucus, radio station). Sucli groups should be listed in the space use policy of each hall. c) an event or activity planned and attended by resi dent members of the residential college or academic unit housed within that hall and their invited guests. 2) Within-hall groups must assume responsibility for the meetings, events, or activities they plan. If a particular group does not have demonstrated financial resources (i.e., a University account) a representative of that group must sign a statement agreeing to assume finan cial responsibility for any charges. 3) Within-hall groups may not sponsor activities of groups which fall under Section 2.c., "other groups," thus giving the event "within-hall group" status and thereby circumventing the specific provisions of Section 2.c. which pertain to "other groups." 4) Charges for within-hall groups or activities are under the following guidelines. These procedures differ from those for other groups outside the specific hall for two reasons: first, these resifilents have paid for the use of these facilities through their room and board; second, these groups have recognized financial resources avail able through the hall government. a) Charges are not rental charges, ~:µt- represent additional labor, supplies, material, or repair costs required to accommodate the event. The Guest Services Manager or Facilities Manager, in cortjunc tion with Residence Life staff and student govern ment representatives, determines whether or not volunteer help can be accepted to assist in set-up or clean-up. Care should be taken in planning events with respect to day, time, !Ind location, so as to utilize all facilities t'o the best advantage with lowest possible labor costs. b) Charges for set-up and clean-up are made if an event is presented for residents of a hall or complex and an admission, collection, or donation is accept ed from participants. c) Charges are made for any event sponsored for all students in residence halls or all University stu dents regardless of whether the event is free or by paid admission. d) Should an admission or donation be requested solely for the purpose of covering costs (not to raise funds) no charges other than for damages will be assessed, provtded tickets are used and a statement of income and expenses for the event is presented by the government to the hall manager. If a profit is realized, charges will be assessed. ' e)' Charges will be made if additional labor is required to prepare the space for use the following morning. D Charges are made for the use of hall dining rooms where major set-up or cleaning is required. However, the following halls are entitled to one such event each term at no charge so long as the event is non-profit. (This is due to the lack of multi-purpose space adequate to accommodate all residents at a given hall event.) Cy the Vice President for Student Affairs and Services. The commit tee will have one representative from each of the follow ing offices: Department of Student Life, Campus Living Services, Department of Residence Life, and Associated Students of Michigan State University. A stuc;J.ent may appeal the decision of the committee to the Vice President for Student Affairs and Services. Off-campus living units that were recognized by the University as "supervised" housing units in the Spring of 1983 will continue to be eligible to house students consis tent with past practice. Specific conditions that will ensure this ~ligibility will be developed by the Vice President for Student Affairs and Services and in consultation with appropriate off-campus living·units. The residents of these units must be advised that the unit is neither supervised by nor under the jurisdiction of the University and that the University assumes no responsibility for the program, the facility, or persons associated with the unit. -Vice President for Student Affairs and Services -January 26, 1984; Amended 2006 88 IDENTIFICATION CARDS (Administl'l!tive Ruling) -::.--_ - 1. Each student of Michigan State University is issued an ID card following initial enrollment. 2. The ID card is the property of Michigan State University. 3. The falsification, alteration, or unauthorized transference (loaning) of said ID cards or any other University records or documents may be a violation of General Student Regulation 500. 4. In case of violation of any rule or regulation of the University or of any local, state, or federal ordinances or · laws, students shall, upon demand, surrender said ID cards to the appropriate University authorities-charged with the conduct of student affairs or to a member of the Department of Police and Public Safety. -Vice President for Student Affairs and Services (See also: General Student Regulation 5.0Z) More About Student ID Cards Library privileges, access to Univ:ersi,iy buildings, facili ties and clfissrooms, ·and purchase of tickets and entry into athletic and entertainment events may require the possession and presentation of the ID card upon request. You are responsible ,for all use of your ID card whether authorized or unauthorized. Do not loan your ID card or leave it where it might be used by an unau thorized person If you lose your card, contact the ID Office (355-4500). Replacements may be obtained in 405 Computer Center. Pictured ID as required. Replacement fees will be billed to your student account. Replacement costs are: $20 for lost card No charge for exchange of damaged, defaced, or electronically unreadable card. _ ' There is no cost for exchange of an electronically unreadable card which is not visibly damaged. Spouses of registered students may obtain IDs entitling them to certain privileges. The student and spouse must appear in person in 405 Computer-Center and present the student's MSU ID card and proof of mar riage. There is no charge. INSURANCE (Administrative Ruling) All international students are required by the University to purchase an accident and health insurance policy during registration, unless insurance tliat equals or exceeds that obtained through the University is provided by their govern ment or private sponsor. ,. -Office of the President -September 4, 1962 -Amended 1999. SPARTAN LIFE-2010 INTEGRITY OF SCHOLARSHIP AND GRADES The following statement of University policy addresses prin ciples and procedures to be used in instances of academic dishonesty, violations of.professional standards, and falsifica tion of academic or admission records, herein after referred to as academic misconduct. [See General Student Regulation 1.00, Protection of Scholarship anq Grades.] 1. The principles of truth and hone~ty are recognized as fundamental to a community of scholars. The University ' expects both instructors and students to honor these princi2les and, in so doing, to protect the validity of University educatibn and grades. Practices that maintain the integrity of scholarship and grades include providing accurate information for academic and admission records, adherence to unit-approved professional standards and honor codes, and completion of original academic work by the student to whom it is assigned, without unauthor ized aid of any kind. To encourage adherence to the prin ciples of truth and honesty, instructors should exercise care in planning and supervising academic work. 2. If an instructor alleges a student has committed an act of academic misconduct; the instructor is responsible for taking appropriate action. Depending on the instructor's · judgment of a specific instance, the instructor may give the student a penalty grade. A penalty grade may be a reduced score or grade for the assignment or a reduced grade for the course. [For a definition of "penalty grade," see Academic Freedom Report (AFR) 11 and Graduate Students Rights and Responsibilities (GSRR) 8.1.17] 3. When an instructor gives an undergraduate or gradu- ate student a penalty grade for academic misconduct, the instructor must provide a written description of the details of the academic misconduct to the student and to the student's academic dean. The student's academic dean will add the written description to the student's academic record, where it will remain, unless the student success fully grieves the allegation. 4. In notifying the student's academic dean of the student's act of academic misconduct, the instructor may request the student's academic dean to initiate an academic dis ciplinary hearing to impose sanctions in addition to, or other than, a penalty grade. 5. Wheri in the judgment of the student's academic dean, a sanction iri addition to, or other than, a penalty grade is warranted (e.g., dismissal from a unit or program), the dean may call for an academic disciplinary hearing. In calling for ari academic disciplinary hearing, the student's academic dean may act independently or in response to a request by the instructor. [See AFR 7V, GSRR 5.5] 6. A student accused of academic misconduct may request an academic grievance hearing to contest the allegation before the appropriate hearing board of the department, school, or college in which the alleged academic dishon esty occurred. In cases involving academic misconduct, no student may be dismissed from a course or program of study without an academic disciplinary hearing. 7 On the first offense of academic misconduct, the stu dent must attend an educational program on academic integrity and academic misconduct provided by the Associate Provost for Undergraduate Education and Dean of Undergraduate Studies for undergraduate students and the Dean of The Graduate School for graduate students. 8. 9. In cases involving undergraduate students in which the student's academic dean, or designee, calls for an academ ic disciplinary hearing, the student's academic dean will r~fer the case to the Associate Provost for Undergraduate Education. The Associate Provost will notify the student in writing of the call for a disciplinary hearing and will invite the student to a meeting to determine the appropri ate judiciary for the hearing. [See AFR 7VD.] In cases involving graduate students in which the stu deri.t's academic dean, or designee, calls for an academic disciplinary hearing, the student's academic dean will refer the case to the .Dean of The Graduate School. The Dean of The Graduate School will notify the student in writing of the call for a disciplinary hearing and will invite the student to a meeting to determine the appropri ate judiciary for the hearing. At this meeting, the student will be asked to select either an administrative disciplin ary hearing conducted by the Dean of The Graduate School or a disciplinary hearing conducted by the college hearing board within the student's college. In cases of ambiguous jurisdiction involving graduate students, the Dean of The Graduate School will select the appropriate judiciary [See GSRR 5.5.2. and 5.54.] 10. Either party may appeal a decision of an administrative · disciplinary hearing or a disciplinary hearing board to the appropriate appellate board. [See AFR 6.IVA, 7VII and GSRR 5.5.5.} (See also: Graduate Student Rights and Responsibilities, Article 5; or Medical Student Rights and Responsibilities, Article 5.) -Academic Council -Academic Senate -November 18, 1969, Re\Jised July, 1990 -Editorial revisions as printed in Academic Programs 2000 -Revised February 24, 2009 LIBRARY POLICY (Administrative Ruling) The library loan policy is available at www.lib.msu.edu/drc (See also: General Student Regulation 4.00 and 5.00) MOTOR VEHICLES If a vehicle is driven, parked or possessed on MSU property by a student, the MSU Police reminds you that the vehicle must be registered with the Parking Office, bearing a· current and valid permit. All students, except those with fewer than 20 MSU accepted credits 'ar:d first-year agriculture technology students residing Student .Handbook and Resource Guide 89 in residence halls are eligible to register a vehicle on campus. An exception may be made after a special parking applica tion and requested information has been submitted, reviewed by the P8;rking Office, and approval granted. Undergraduate and graduate students including graduate assistants commuting from off-campus (commuters) or resid ing in residence halls or University Apartments, may register on-line-via the website: www.police.msu.edu. Check out the website under "Parking" for details. Those not mentioned . above may register at the Parking Office. If eligible to register at at the Parking Office, the following must be presented: 1. Current vehicle registration 2. Student ID 3. Proof of credits MSU has already accepted 4. Lease agreement (only if residing in Cherry Lane, Spartan Village or University Village) ,; 5. Payment for the permit (cash, check or money order made out to Michigan State University, or VISA, MC, DISC and AMEX are accepted). Illegally parked vehicles are subject to violations and may be towed. In accordance with state law; the registered owner will be held responsible for the fines' incurred. The student regis tering a vehicle shall be responsible for its operation. All parking violations must be paid or appealed within seven (7) days from the date of issuance. - ·· - A FINE MAY BE PAID: 1. Via our on -line payment system (VISA, MC, DISC, AMEX or automated checking accepted) 2. Via mail (check or money order payable to Michigan State University) 3. In the drop box at the Police Building lobby open-24 hours/7 days 4. At the Parking Office during business hours If a fine is not paid within seven (7) days after issuance, a late fee shall be added to the fine. In addition, failure to pay tickets could result in a hold being placed with the Registrar's Office, a warra~t issued for the registered owner's arrest (if the tick.et is transferred to 54-B District Court) and/or impoundment of the vehicle at which time unpaid violations, the impoundment fee and storage fees must be cleared to release the vehicle. APEALS MAY BE INITIATED: 1. Via our website: www.police.msu.edu 2. Via mail-letter 3. Via phone (set verbal appeal appointment) Visitors (non-MSU student) to smdents should secure a visi tor pass. A residence hall visitor pass may be purchased at the residence hall reception desk or at the Parking Office. General parking and driving information may be found in the Student Parking and Driving Regulation, go to www. police. msu.edu. Detailed parking and driving information may be found at the Michigan State: University ordinance website: www. trustees. msu. edul ordinances. htm. OFFICER ELIGIBILITY-STUDENT ORGANIZATIONS As stated in the Student Organization Registration Policy only students registered at Michigan State_University may hold an office in a registered student organization. Honoraries and professional organizations may request that this require ment be waived, so that Michigan State University fl;\CUlty ~ and staff may hold office in these organizations. Other than these provisions, the University does not stipulate any eligi bility requirements for stud~nts holding an office. Each regis tered student organization and each living unit organizatio~ is encouraged to develop the eligibility requirements for its officers. OUTSIDE SPEAKERS SPONSORED BY REGISTERED STUDENT ORGANIZATIONS • I. Preamble • II. Policy • ·III. Procedures • IV Other Procedures • V Questions/Complaints • VI. History I. PREAMBLE Michigan State Uni~ersity i~ committed to the principles of free speech and free expression embodied in the 1st Amendment to the Constitution of the United States. Freedom of speech is central to academic freedom and the related notion that a university should be an open marketplace for the exchange of ideas. The University also has a longstanding commitment to the principles of freedom of inquiry__and freedom of dis sent. These freedoms are vital to a robust intellectual exchange and the pursuit of knowledge. Different and competing views expressed as part of this exchange may cause discomfort or even offend members of the campus community. The University does not impose restraints on speech for these reasons, including the speech of out side speakers. The University will respond to situations involving disruption of University activities, violence, or other illegal activity, which results from the remarks of outside speakers and to comments or actions by outside speakers which are themselves illegal. II. POLICY Registered student organizations may sponsor a group or individual to speak on campus, subject to the following provisions: A. A student organization which has been properly reg istered under University policies must sponsor the speaker. ' B. Public announcements concerning the speaker must contain statements that clea;ly and accurately identify the speaker, the sponsoring organization, the subject of the speech, and whether admission to the event at which the speech will occur is '.estricted to members 90 SPARTAN LIFE-2010 of the organization or open to the University commu nity m the general public. C. During the speech, the speaker must not violate any law (including any University ordinance) or incite the audience to take action which is illegal. D. Adequate time must be provided for questions and answers at the conclusion of the speaker's remarks for all events open to the University community or the general public. E. The University reserves the right to regulate the time, place, and manner of any speech sponsored by a registered student organization under this Policy to prevent interference with other University activities and to ensure that the event complies with applicable safety and se.curity requirements, such as occupancy limitations and maintaining access to or egress from buildings in the event of fire or another emergency. It is the responsibility of the sponsoring organization to inform its speaker of these provisions. III. PROCEDURES The Vice President for Student Affairs and Services shall develop procedures consistent with this Policy for regis tered student organizations to sponsor outside speakers. IV. OTHER POLICIES Events under this Policy are subject to other University policies, including, without being limited to, Ordinance 1500 Disorderly Assemblages or Conductl and the All University Policy for Use of Michigan State University Facilities and Services. V. QUESTIONS/COMPLAINTS Questions regarding_ this Policy should be directed to the Vice President for Student Affairs and Services. Complaints alleging that a registered student organization has violated this Policy should be filed pursuant to the Registered Student Organl.zations student group regulation or the Academic Freedom Report for Students2. A regis tered student organization found to be in violation of this Policy is subject to the possible sanctions outlined in those documents. Complaints alleging that a speaker has violated this Policy should be filed with the Vice President for Student Affairs anc;l Services. An outside speaker who violates this Policy may be restricted from speaking at future event~ on campus. Complaints of unlawful activity should be filed with the MSU Police Department. VI. HISTORY ' This Policy was approved by the Board of Trustees on December 14, 1962 and revised on June 19, 2009. PARADES, PROCESSIONS, AND SOUND TRUCKS (Ordinance 39.00) .01 No funeral, procession, or parade, excepting the forces of the United States Armed Services, the military forces of this State and the forces of the police and fire depart- - - ment shall occupy, march or proceed along any street or roadway except in accordance with a permit and such other regulations as are set forth herein which may apply. No sound truck or other vehicle equipped with amplifier or loudspeaker may be used unless written authoriza tion is obtained as indicated in (Ordinance) Section 2.03 (from the Secretary of the Board of Trustees). (NOTE: See Public Address Equipment for information regarding this authorization.) -Board of Trj.istees -April 14, 1995 Permits to conduct parades or processions are obtained by individual registered students and registered student organi zations according to the following all-University policy: a. Permission to conduct parades and processions must be secured in the following order: 1) president of ASMSU; 2) Department of Student Life; 3) Department of Police and Public Safety. (Forms for this permission can be obtained in the Student Life Center, 101 Student Services.) b. If any portion of the route involves travel on an East Lansing street, permission must also be secured from the East Lansing Police Department. c. The person applying for the permission to conduct a parade or procession will be held responsible for prop er conduct of those persons participating in the event. d. There shall be no more than 12 vehicles in the proces sion and they shall not stop along the route except as necessary to comply with traffic laws. Drivers of the vehicles will be held responsible for compliance with the current motor vehicle regulations and traffic ordinances. e. Noise-making equipment shall be operated only when .the parade or proce~sion is moving. .f Parades and processions may be held on weekdays only between 5:30 p.m. and 6:30 p.m. PLANT MATERIALS · (Ordinance 24.00) .01 No person shall break or cut branches or flowers or fruit, or otherwise damage or mutilate any tree, shrub, herba ceous plant, or flower upon property governed by the Board of Trustees, or remove from the same any identifi- 1 The MSU Police ·Department follows .its Dissent and Disruption protocol when responding to disruptions at campus events involving outside speakers. 2 Complaints involving outside speakers sponsored by individuals or groups other than registered student organizations are processed by the unit administrator that has oversight for the sponsoring indivjdual/organization. Student Handbook and Resource Guide 91 cation tag or sign. .02 Plant samples for teachiI).g and research may be collected from University property in Ingham County with a per mit issued by the Secretary of the Board of Trustees or his or her designee. (See also: General Student Regulation 4.00.) ' -Board of Trustees -September 15, 1964 -Revised December 10, 1994 -Revised April 14, 1995 PUBLIC ADDRESS EQUIPMENT 1. Mobile Sound Units - Sound Trucks As stated in Ordinance 39.00, written authorization from the Office of the Secretary of the Board of Trustees, 450 Administration Building, must 'be obtained before a sound truck' or Qther vehicle equipped with amplifier or loud speaker may be used on the Michigan State University campus. An Activity Planning Form should be obtained from the Student Life Center, 101 Student Services, before contacting the Office of the Secretary of the Board of Trustees for written authorization. The following rules gov ern the use of sound trucks and/or mobile_soupg units. a. The sound equipment may be used o!"i campus only between 5:30 p.m. and 6:30 p.m. (Depending on the location of the equipment and the event, excep tions to this time limit may. be recommended by the 'Department of Student Life.) ' b. Permission must be obtained from the East Lansing authorities if the equipment is used in East Lansing proper. 2. Public Address Equipment University ordinance 15.04 states the following: ... No person shall use public address equipment, bull horns, or other methods of sound amplification anywhere upon the campus except through written permit by the Secretary of the Board of Trustees. The following guidelines govern the implementation of this ordinance. Guidelines for Use of Public Address Equipment (Administrative Ruling - Applicable to University employees as well as students) a. Students ' 1) Under Ordinance 15, the, use and location of public address equipment, including bullhorns or other methods of sound amplification, at outdoor events must be approved by the Office of the Secretary of the Board of Trustees. An Activity Planning Form, available in the Student Life Center, 101 Student Services, must be completed and signed l:fy the Department of Student Life prior to seeking approv al. 2) In general, approval for the use of public address equipment will be granted if it would not be dis ruptive to on-going functions of the University, ' such as faculty and administrative offices, libraries, classroom teaching, and other scheduled University events. Guidelines for approving reqtiests are as fol lows: a) The use of public addr~~ equipment for rallies and outdoor speakers is limited to the vicinity of Beaumont Tower. Any one event is limited to 4 hours within the following hours: - Monday-Thursday-8 a.m.-10 p.m. Friday-Saturday-8 a.m.-midnight Sunday-1 p.m.-6 p.m. The use of public address equipment for con certs in the v!cinity of Beaumont Tower is not perrl).itted. b) The use of public address equipment for rallies, speakers, and concerts in residential areas of the campus must have the approval of the students, advisory staff, and area director within the residential location requested. Any one event is limited to 4 hours within the following hours: Friday-6 p.m.-12 midnight Saturday-12 noon-12 midnight Sunday-1 p.m.-7 p.m. • ,c) The use of public addres~ equipment for rallies, speakers, and concerts in other campus locations is permitted if the use and event does not con flict with a prior scheduled event or on-going functions of the University. Any one event is limited to +hours ·during the following hours: Saturday-Sunday-12 noon-6 p.m. d) Any exceptions to the above guidelines must have the recommendation of the pffice of the Vice President for Student Affairs and Services and be approved by the Secretary of the Board of Trustees. ' 3) For information on the use of.sound trucks and other mobile units see Public Address Equipment and Ordinance 3900. In general, their use is restricted to the period from 5:30 p.m. to 6:30 p.m. 4) The use of temporary or permanent public address systems within University buildings for concerts, · dances, rallies, demonstratioris, and student meet ings must be approved by those responsible for the scheduling or management of the building. 5) Development of policies concerning the use of equipment sue~ as stereos, radios, and musi- cal instruments· inside the residence halls is the responsibility of the residence hall government, the Residence Life staff, and residence hall manage ment. b. Non-Students 1) Faculty, staff, and others should contact the Office of the Secretary of the Board of Trustees, 450 Administration Building, concerning their request for public. address equipment. A form will be avail able for those requesting authorization to use public " address equipment. 2) In general, approval for the use of public address equipment at outdoor events will be granted if it 92 SPAITTAN LIFE-2010 11 I I t I would not be disruptive to ongoing functions of the University, such as faculty and administrative offices, research and laboratory facilities, libraries, classroom teaching, and othi;r scheduled University events. Locations for use of equipment will be assigned or approved accordingly. -Office of the Vice President for Student Affairs and Services -Office of Secretary of the Board of Trustees -April 26, 1972 RECORDS 1. Guidelines Governing Privacy and Release of Student Records These guidelines are printed in Academic Programs and on the web at www.reg.msu.edu. 2. Student- Personnel Records-Graduate and Undergraduate (Administrative ruling). The comprehensive policy governing the keeping and use of Student Personnel Records is available from the Office of the Vice President for Student Affairs and Services. General principles governing student records are enu merated in Article 3 of Academic Freedom for Students at Michigan State University. (See also: General Student Regulation 5.00.) REGISTERED STUDENT ORGANIZATIONS (Student Group Regulation) A. Introduction An MSU registered student organization is a volunteer . group comprised of enrolled students organized to. obtain certain goals and objectives. The goals and objectives of these organizations are met through educational, social, cultural, religious, or philanthropic activities. These activities should enhance and support MSU students, the · University, and the community. Membership in organi zations benefits students' growth and education while attending the University. The University acknowledges the importance registered student organizations have on campus. As such, these orga nizations have the use of University facilities and services to as:_ist them in meeting their goals and objectives. .It is the responsibility of each registered student organiza tion to adhere to the mi:ssion of this University and its supporting bylaws and statutes. An organization's goals, objectives, and 'activities are not to deviate from estab lished University policies or regulations. Due to the cyclical nature in the goals and objectives of these organizations, the Vice President for Student Affairs and Services, or his/her designee, shall review this docu ment every five yeai:s (staning in 1991) with ASMSU, COGS, and other appropriate student groups. B. Registration Requirements 1. In order to exercise the privileges accorded registered student organizations, a student group which is not a living-unit organization must register with the Student Affairs and Services Division. -2. Registration shall be valid from the date of registration until the end of the second week of the succeeding fall semester. Student Organizations Must Register Each Year. Registration for an academic year can begin as early as August 1 of the previous academic year. 3. Registered Student Organizations must have an advisor(s). a. For undergraduate organizations, an advisor must be an MSU faculty member, staff member, or gradu ate student. For graduate student organizations, the advisor must be an MSU faculty or staff member. b. Advisors must sign an agreement form ·acknowledg ing their understanding of advisor responsibilities. 4. A constitution must be included in the org~nization's file. A written constitution must provide: a. A statement of purpose. b. Eligibility of voting membership including that only students registered with Michigan State University are eligible to be officers and/or voting members. c. Necessary operating procedures such as committees, rules of order, etc. d. That no discrimination on the basis of race, creed, ethnic origin, sex, age, political persuasion, sexual orientation, disability status, or marital status shall exist within the organization. e. Procedures for amending the constitution. 5. To be registered, a student organization must also file the following information with the Student Affairs and Services Division: a. The name of the organization. b. The names, addresses, phone numbers, and student numbers of four members including the organiza tion's officers and ~heir titles. c. The purpose of the organization. d. The name(s) of the advisor(s). (NOTE: Sample constitutions and registration forms will be available through the Division of Student Affairs and Services.) 6. ·The Student Affairs and Services Division and the orga nization's advisor must be notified of any change made in the original required information. The infqrmation must be presented within four weeks after an organiza tion has instituted the change . 7. If the required information is not submitted, a group will be denied registration. 8. Registered student organizations may also submit (if available) to the Student Affairs and Services Division the following information: a. Notification of national affiliations. b. Notification of dates, times, and locations of regu larly scheduled meetings. Student Handbook and Resource Guide 93 I 9. c. Notification of dates, times, and locations of regular and special activities for the following year. No organization may have its registration denied or suspended on the grounds of its beliefs or its attitude except that an organization's goals, objectives, and activities are not to deviate from established University policies or regulations. 10. A student organization may have its registration sus pended if: a. The organization is found to be in violation of sub mitting falsified required information by the Student Affairs and Services Division. ' b. The organization is found to be in violation of an ordinance or written policy or regulation of Michigan State University by the Student Affairs and Services Division. · · 11. Any or all parts of a decision by Student Affairs and , Services Division personnel to suspend the registration of a student organization may be appealed to the All~ University Student Judiciary The student organization can continue to operate within University guidelines, procedures, and regulations until the appeals process is exhausted. 12: Upon request, a student organization will be provided with a list of University facilities and services available to qualifying registered student organi~ations ... -Associated Students of Michigan State University -Council of Graduate Students -University .Committee on Student Affairs -Vice President for Student Affairs and Services -September l 1968, Amended, June 1980, -Revised, June 6, 1986 RESIDENCE HALL ROOM ENTRY POLICY (Administrative Ruling) The University is respectful of, and' committed to the protec- . tion of the student's right to privacy The University also has responsibility to insure that the welfare of people on campus, the educational and service functions of the University, and the property of the University receive adequate attention and pro tection. To these ends the Room Entry Policy is established. LO Room Entry 1.1 Residence Hall staff shall not enter a resident's room without permission of the-student, unless under conditions of immediate and serious threat to the safety or well being of persons or property or for reasons stated in this Policy Under such conditions a staff member may enter a student's room whether the residents are present or not. If it is believed such danger is connected with fire, chemicals, explosives, weapons, or other items that would cause serious per sonal problems or injury, the staff member should, if possible, contact the Department of Police and Public Safety for assistance. The same procedure is prescribed if the danger involves assault or other acts constituting possible jeopardy to persons or property Others (staff or students) may be asked to assist in an emergency situation requiring room entry whi€h. t-hreatens imme diate harm to the safety of the individuals. 1.2 Staff may also enter into a student's room if the stu dent is not present, to eliminate disruptive noise from electrical sound equipment which may viola~e an individual's right to sleep, study, read, etc., as defined in Section 1 of the Residence Hall Bill of Rights. 1.3 Entry of police officers into a student's room for pur poses of investigation is governed by state and f~deral law. This includes, but is not necessarily limited to, _ officers in possession of a valid search/arrest warrant, hot pursuit, a safety emergency, or when apolice offi cer has probable cause to believe a 1 felony-is being or has been committed by the individual therein. 1.4 Residence Hall staff shall not, except as noted in 1.1, 1.2 and 1.3, admit a third party to a studen't's room without a resident's permission. 2.0 .Search 2.1 Staff are not to physically search a room under any circumstances. 2.2 A search of a student's room by the police for inves- · tigative purposes is governed by state and federal law. This includes, but is not necessar;ily limited to, a search with a search warrant, a search where the student has waived his/her rights, thereby permitting police search, or .a search of the immediate area of an arrested subject incident to that arrest. 3.0 Seizure 3.1 If upon entering a room through the permission of a resident, a staff member observes the substance of a violation which constitutes an immediate threat to health, safety and welfare (e.g., firearms, combus tibles, or explosives), the staff m~Jilber should direct the disposition of the object or substance under the advice of the Department of Police and Public Safety Subsequently, the student may be referred for judicial ~ncl/or legal action. 4.0 Physical Maintenance 4.1 For purposes of safety, sanitation, and general upkeep, the University reserves the right to enter a student's room at any time' during the working day for the above· purposes, whether a resident is present or not. In cases of emergency, rooms may be entered in the. presence or ab.~ence of the room's occupants, at times other than regul:'ar working hours. 4.2 Between semesters, residence hall rooms are exclusively under the control of Campus Living Services, and not of the student, even though the student plans to return to the same room the following semester During these periods, the University reserves the right to inspect, maintain, and make repairs in the residence hall rooms. Further, the University reserves the right to replace damaged or obsolete furniture and to remove from the room without the owner's permission any objects or materials which constitute .a safety or· sanitation hazard, or are property of the University at any time. 94 SPARTAN LIFE-2010 ·- 4.3 Between semesters when maintenance staff is 1 inspecting, cleaning and repairing rooms, the University shall exercise reasonable care with respect to protecting against the loss or theft of personal equipment belonging to the student. Beyond exercis ing reasonable care, however, the· University cannot assume responsibility for items of a personal nature that are damaged, lost or stolen. -Residence Halls Association -Department of Residence Life · -Campus Living Services -Vice President of Student Affairs -Approved, May 1977, Revised April 1979 SAFETY (All-University Policy) (Applicable to University employees as well as students.) It is the policy of Michigan State University to prevent acci dents in work, class, and other activities which the University supervises, is responsible for, or sponsors: Each person, regard less of official or unofficial status, who assumes or is assigned responsibility for the work or activities of others is administra tively responsible for their safety during such work or activities. Investigation of accidents to University personnel and students during work, class, or sponsored activities is the responsibility of the person whose job it is to supervise rlle person injured. IMPOUNDED VEHICLES (Ordinance 36.03) D3 Impound vehicles. The Department of Police and Public Safety is authorized to impound and remove to a place of safekeeping any vehicle found on the lands governed by the Board of Trustees, at the expense of the vehicle's reg istered owner, when it is determined that the owner has failed to answer 6 (six) or more parking violation notices or citations regarding illegal parking. The vehicle shall be released to the owner or the agent of the owner when the impoundment fee for the vehicle has been paid and when all outstanding parking violation notices and citations regarding illegal parking relating to the vehicle has been cleared. The fee for impoundment shall be of such amount as shall reimburse the University for all towing and impoundment costs and for storage. Impounded vehicles not claimed shall be disposed' of as provided by law. -Board of Trustees -Enacted: September 15, 1964 -Amended: June 8, 1990, December 10, 1994, December 8, 2000, June 5, 2003 ROLLER SKATES AND SIMILAR DEVICES (Ordinance 38.00) .01 *Coasters, roller skates, roller blades, in-line roller skates, skateboards, and similar devices are restricted. No person on roller skates, roller blades, or a skateboard, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street within a crosswalk. In so crossing the street, such person holds the rights arid is subject to the duties applicable to pedestrians. No person upon a skC;J.teboard shall go on any steps or walls. No person upon roller skates, roller blades, a skateboard, jn-line skates or similar device shall go in or , upon any parking ramp, buildings, gardens or any other posted areas. Restricted areas will be clearly marked. * Denotes Civil Infraction -Board of Trustees -Enacted: April 14, 1995 -Amended: June 14, 1996 Each student organization is responsible for safe condi tions and safe practices within its area of activity and for the prevention of accidents to members and guests. Questions regarding safety standards, codes, and regula tions including those standards pertaining to decora tions, food sanitation, public assemblage, emergency planning, fire safety, and accident prevention may be directed to the Division of Safety and Public Health of the MSU Police. It is the intention of the University that there shall be com pliance with safe practice standards which are a matter of professional knowledge and with official codes and regula tions. Each department is responsible for the establishment and preservation of safe conditions and safe practices within the area of jurisdiction of the department. (See also: General Student Regulation 2.00 and 3.00.) -Board of Trustees, June 15, 1961 SELLING AND ADVERTISING 1. Selling and Advertising (Ordinance 27.00) .Ql *No person or entity may sell or solicit sales of items or services, or solicit contributions, on University premises without an authorized written permit, which permit must be promptly exhibited to any requesting University representative. Authority to set standards for arid to grant permits is vested in the Secretary of the Board of 'Trustees. The Secretary may prohibit sales and solic~tations or regulate · · the time, place and manner of sales and solicitations, as to all University properties or as to specified areas or facilities. The Secretary may designate other University administrators to grant permits for specified areas or facilities in accordance with established standards. .02 No person shall erect or otherwise display, except on his personal property, any sign or poster or distribute) handbills upon property governed by the Bo.ard which advertises or otherwise calls attention to any commer- Student Handbook'and .Resource Guide 95 cial product, service or activity * Denotes Civil Infraction -Board of Trustees -Enacted: September 15, 1964 -Amended: September 1, 1986 June 14, 1996. 2. Exception An exception to the above ordinance for student orga- - nizations is provided in Section b., "Revenue-producing Projects" of the All-University Policy for Use of University Facilities and Services. Policy# 02-06-04 (See also: General Student Regulation 4.00 and 5.00.) . SELLING AND SOLICITATION CENTRAL GUIDELINES In accordance with Michigan State University ordinance 2701, the Secretary of the Board of Trustees of Michigan State University promulgates these general standards concerning the grant of permits to sell or solicit sales or contributions on University premises: 1. Scope. Ordinance 2701 and these standards do not apply (a) to University departments or divisions whose operations include sales or solicitations, (b) with resp~ct t.o .. charitable solicitations in which the University participates as an institution or de minimis sales for charity by University employees or students who derive no personal financial gain from the sales, or (c) in connection with sales to the University 2. Limitations. (a) Permits will be granted only to (i) registered student organizations, living unit organizations, and major student governing groups, (ii) non-student University affiliated organizations, (iii) academic and administra tive university units, (iv) groups selling or soliciting in conjunction with authorized activities at University facilities, and (v) vendors or suppliers with which the University has a contractual relationship, provided that a vendor or supplier which has entered into a formal contractual relationship with the University concerning sales or solicitation activities shall not be required to have a permit separate from an executed contract or purchase order, except for sales activities not descriped in the contract or purchase order (b) Permits will be granted only for sale's or solicita tion activities which (i) do not violate or conflict with University ordinances, guidelines, or regula tions or other applicable laws or regulations, (ii) do not infringe upon the University's trademark or other intellectual property rights, (iii) do not result in a breach of University contracts or compete with University or University-contracted operations, (iv) do not jeopardize public or individual safety, (v) will be conducted by members of the organization hold- · ing the permit, and (vi) are covered by such insur ance as may be deemed necessary by the University's Department of Risk Management and Insurance. (c) Permits will not be granted for the sale of alcoholic beverages, tobacco products, or firearms. 3. Grant of Permits. ~- -~ ' (a) Permits will be granted by the officesresponsible for the proposed sale or solicitation location (list under development). Each such responsible office (i) may prohibit sales entirely in all or a portion of its facility(s) or location(s) or in conjunction with a spec ified program or function or (ii) may establish addi- · tional standards specific to its facility(s) or area(s), which address time, place and manner restrictions and are approved by the Secretary of the Board of Trustees. To the extent that time and place restrictions result in a limited number of permits being available, permits shall be granted in the order applications are received by the appropriate office. _ \ (b) Grant of a sales or solicitation permit shall imply neither approval nor disapproval of the purposes of the group, the activities conducted, the content of any materials distributed or any items being sold. -Secretary of the Board of Trustees -October 1996 SEXUAL HARASSMENT, POLICY ON Introductism I. IL Prohibition III. Definition IV Violations V Other Relevant University Policies I. INTRODUCTION Michigan State University is committed to maintaining a learning and working environment for all students, faculty, and staff that is fair, hlhhane, and responsible-an environ ment that supports career and educational advancement on the basis of job and academic performance. Sexual harass ment subverts tl;ie mission of the University and offends the integrity of the University community It is reprehensible and is not tolerated at Michigan State University Sexual harassment is a form of unlawful gender {sex) dis crimination. It may involve harassment of women by men, harassment of men by women, and harassment between persons of the same ·sex. Sexual harassment is made unlaw ful by Title VII of the Civil Rights Ad of 1964, Title IX of the - Educational Amendments of 1972, and Michigan's Elliott-Larsen Civil Rights Act. The University and the law also prohibit retaliation against persons who complain about alleged sexual harassment or who cooperate in an investigation of reported sexual harassment. •This Policy applies to all members of the University commu nity-faculty, staff, and students. II. PROHIBITION Members of the University community shall not engage in sexual harassment. Persons· who do so are subject to 96 SPARTAN LIFE-2010 disciplinary action, up to and including discharge for employees and suspension for students. Ill. DEFINITION A. What is Sexual Harassment? "Sexual harassment" means unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome behavior of a sexual nature when: 1. submissiori to such behavior is made, ~xplicitly or implicitly, a term or condition of an individ~al's employment or status in a course, program, or activity; or 2. submission to or rejection of such behavior is used as a basis for a decision affecting an individual's employ ment or participation in a course, program, or activity; or 3. such behavior is so severe, persistent, or pervasive that a reasonable person would find that it: a) alters the terms or conditions of a person's employ ment or educational experience, or b) unreasonably interferes with an individual's work or performance in a course, program, or activity, thus creating a hostile or abusive working or educational environment. S~xual harassment involves unwanted sexual attention. However, a person's subjective belief that behavior is offen sive does not make that behavior sexual harassment. The behavior must also be objectively unreasonable. The determination as to whether behavior is sexual harassment must take account of the totality of the cir cumstances, including the nature of the behavior and the context in which it occurred. Sex~ally h-arassing conduct often involves a pattern of offensive behavior. However, a single instance of assaultive, physically threatening, or other especially abusive behavior may constitute sexual harassment. · B. Examples of Sexual Harassment Many kinds of behavior may fit within the preceding definition of sexual harassment. The following list is not exhaustive. • sexual assault • threats or insinuations which lead the victim reason ably to believe that granting or denying sexual favors will affect her or his reputation, education, employment, advancement, or standing within the University • sexual advances, sexual propositions, or sexual demands which are not agreeable to both parties • unwelcome and persistent sexually explicit state ments or stories which are not legitimately related to employment duties, _course content, research, or other University programs or activities • repeatedly using sexually degrading words or sounds to . • unwanted and unnecessary touching, patting, hugging, describe a person or other physical contact · • recurring comments or questions about an_ individual's sexual prowess, sexual deficiencies, or sexual behavior Speech and expressive conduct can be sexual harass ment. However, this Policy shall not be interpreted to abridge First Amendment rights or to infringe academic freedom, as defined in the Faculty Handbook, the Faculty Rights and Responsibilities policy, and the document entitled Academic Freedom for Students at Michigan State · - University. • Behavior of a sexual nature that is not sexual harassment may nonetheless be unprofessional in the workplace or disruptive in the classroom and, like other unprofessional or disruptive behavior, could warrant discipline. IV. VIOLATIONS A. Seeking Information on Sexual Harassment A member of the University community who seeks infor mation regarding sex11al harassment and this Policy may contact: • Women's Resource Center staffl •' the Anti-Discrimination judicial Board Coordinator • the Director of the Office of Affirmative Action Compliance and Monitoring • the administrator in charge (e.g., chairperson, director, dean, vice president) of the relevant academic or sup port unit • the Faculty Grievance Official • the Coordinator of the Employee Assistance Program • the Associate Dean for Graduate Student Welfare • the Director of Human Resources • the Director or the Coordinator of Sexual Assault Safety Education of the MSU Counseling Center • University Undergraduate Division staff • the Ombudsman • Residence Hall Directors • the Director of Student Life • the Director of the Student Employment Office Unit administrators who need help in applying this. Policy should contact: the Director of Human Resources or the Assistant Provost/ Assistant Vice President for Academic Human Resources, whichever is appropriate; the Director of the Office of Affirmative Action Compliance and Monitoring; or the Office of the General Counsel. B. Complaining about Sexual Harassment A member of the Univ~rsity community who wishes to complain about sexual harassment by an employee or stu dent of the University should take the following action: • If the alleged harasser is a faculty or staff member, the complaint should be made, orally or in writing, to the alleged harasser's unit administrator or to the Director of the Office of Affirmative Action Compliance and Monitoring. • ' If the alleged harasser is the unit administrator, the complaint should be made, orally or in writing, to the unit administrator's superior or to the Director of the Office of Affirmative Action Compliance and Monitoring. - 1 Women's Resource Center staff will supply on request information on how individuals identified in this Policy" may be contacted. Student Handbook and Resource Guide 97 • If the alleged harasser is a student, the complaint should be made to the Office of Judicial Affairs, Division of Student Affairs and Services. For the University most effectively to investigate and respond to alleged sexual harassment, the complaint should be made as promptly as possible after the alleged sexual harassment occurs. A member of the University community who believes that she or he has been sexually harassed may also elect to file a complaint with the Anti-Discrimination Judicial Board for violation of the University's Anti-Discrimination Policy or to file a grievance against the alleged harasser under applicable University procedures. The submission of such a complaint or grievance does not affect the University's ability to take disciplinary or other administrative action even though the complaint or grievance is still pending. Reports of sexual assault and other crimes should be directed to the University's Department of Police and Public Safety, regardless of whether the matter is also reported as sexual harassment. .. .C. Processing Complaints Complaints of alleged sexual harassment made to the Office of Judicial Affairs, Division of Student Affairs and Services, witl be processed under the applicable student disciplinary code. Complaints of alleged sexual harassment made to' the Director of the Office of Affirmative Action Compliance and Monitoring will be referred to the unit administrator of the alleged harasser or, if the alleged harasser is the unit admin istrator, to the unit administrator's superior Complaints made or referred to the unit administrator of the alleged harasser or the unit administrator's superior will be processed by those individuals. tach complaint of sexual harassment must be evaluated with reference to the pertinent circumstances. On occa sion1 a complaint will be resolved informally. Other com plaints will result in investigations, including interviews and the review of documentary material. Both the com plainant and the alleged harasser . will be notified of the outcome of an investigation. If an investigation results in a determination that sexual harassment has occurred, the University will take remedial, including, where appropriate, disciplinary, action. In processing sexual harassment.complaints, the respon sible administrator will normally confer with the Office of the General Counsel and academic or human resources administrators. Guidelines for investigating allegations of sexual harassment are available to administrators. Members of the University community are expected to cooperate in investigations of alleged sexual harassment · by University officials. D. Sexual Harassment by Third Parties If a University student believes that she or he has been sexually harassed in a University academic program by an individual who is not a University employee or student, the student should report the alleged sexual harassment to the unit administrator (department chajJ Qr dean) respon sible for that ' academic program or to the-Director of the Office of Affirmative Action Compliance and Monitoring. If a University employee (includfog a student employee) believes that he or she has been sexually harassed within the scope of his or her employment activities by an indi vidual who is not a University employee or student, the University employee should report the alleged sexual ' harassment to his or her supervisor or to the Director of the Office of Affirmative Action Compliance and Monitoring. · If the University determines that a third party _ _bas sexual ly harassed a University student in a University academic program or a University employee within the scope of her or his employment, the University. will take correc tive action. Individuals who are not students or employees of the University are not subject to discipline under the University's internal processes, however. ' A member of the University community who believes that he or she has been sexually harassed by a University contractor in the execution of a University contract or engagement may also elect to file a written complaint with the Anti-Discrimination Judicial Board for violation of the University's Anti-Discrimination Policy. E. Confidentiality To the extent permitted by law; the confidentiality of all persons. involved in ·a-sexual harassment investigation or c~µiplaint will be observed, except insofar as information needs to be disclosed so that the University may effective ly investigate the matter or take corrective measures. F. Retaliation Persons who complain about sexual harassment, or who cooperate in the University's investigation and handling of sexual harassment reports or complaints, shall not be subject to retaliation for complaining or cooperat ing; whether or not the University 'finds that there was sexual harassment. If a complainant or witness believes that she or he is being subjected to retaliation, she or he should promptly contact the Director of Human Resources (staff), the Assistant Provost/Assistant Vice President for Academic Human Resources (faculty and academic staff), the Assistant Vice President for Student Affairs (stu dents), or the Director of the Office of Affirmative Action Compliance and Monitoring (faculty, staff, or students). G. False Complaints Any member of the University community who know ingly files a false complaint of sexual harassment, or who knowingly provides false information to or intentionally misleads University officials who are investigating a com plaint of alleged sexual harassment, is subject to disciplin ary action, up to and including discharge for employees and suspension for students. 1. Th~ Anti-Discrimination Policy is an All-University Policy. Therefore, alleged violations by students of the Policy on Sexual Harassment may be adjudicated under the University's student disciplinary processes. · 98 SPARTAN LIFE-2010 V. OTHER RELEVANT UNIVERSITY POLICIES Since sexual harassment is a form of unlawful gender discrimination, a member of the University community who violates this Policy also violates the University's Anti Discrimination Policy 1 Other University policies relevant to behavior of a sexual nature by members of the University community include Conflict of Interest in Educational Responsibilities Resulting from Consen'Sual Amorous or Sexual Relationships, Conflict of Interest in Employment, Article 2.00 of the General Student Regulations, Article 3.00 of the Graduate and Undergraduate Residence Hall Regulations, and Ordinance 22.0Q -Office of the President -September 1, 1992 -Revised May, 1999 SIGNS AND STRUCTURES (Ordinance 28.00) 28.01 Signs .011 No person shall erect or otherwise display in a public area of property governed by the Bo~rd, any sign or poster that advertises or otherwise calls attention to a person or activity except pn bulletin boards provided by Michigan State University: (Student organizations should contact the Student Life Center regarding exceptions to this provision.) .012 No person shall efface, alter, tamper with, destroy or remove any sign or inscription of any property governed by the Board. .013 It shall be unlawful for any person to attach any sign or poster to any property other than a bul letin board governed by said Board. (See also: General Student Regulation 4.00.) 28.02 Structures-Erection and Maintenance of .021 No person shall construct or otherwise erect or maintain any structure anywhere within the con fines of property governed by the Board unless a permit has been granted by the Secretary of the Board of Trustees or his/her designee. It shall be a v\olation of this ordinance to construct, erect or maintain any structure without a,permit. .022 Areas may be designated by University regula tions and/or administrative rulings for the erec tion and/or maintenance of structures relating to authorized activities taking place on campus and for the erection and/or maintenance of symbolic structures representing constitutionally protected expression. Reasonable time, place and manner regulations which are consistent with preserva tion of the campus landscape and environment, protection of university activities, and protection of the health and safety of all users of the area may be enacted by University units and incor porated into permits. No person shall violate the terms and conditions of a permit. .027 A person who violates subsection .021 of this ordi nance shall be guilty of a misdemeanor a)Jd shall be punished as provided by law A person who violates subsection .022 of this ordinance and who has no prior violations is responsible for a civil infraction and is liable for a civil fine of $100. A person who violates subsection .022 of this ordinance and who has a prior violation under this section shall be guilty of a misdemeanor and shall be punished as provided by law TEMPORARY STRUCTURES, ERECTION OF (Administrative Ruling) • A. In accordance with constitutional rights of freedom of expression, symbolic structures representing constitution ally protected expression may be erected by students, student groups and registered· student organizations in the area lying between the Red Cedar River, the International Students Center, Erickson Hall and Wells Hall in accor dance with this administrative ruling. B. Registration for a permit shall be initiated in the Office of the Vice President for Student Affairs and Services · (Student Life Center) during normal business hours on forms provided by that office. Permits for the erection of such temporary structures shall be issued after proper registration on a first-come first-served basis unless it is determined that the approval would result in interference with the public health and/or public safety or in unrea sonable interference with the operations and/or use of university buildings or grounds. The duration of a permit shall not exceed fourteen (14) consecutive days. Permits may be renewed for additional periods of fourteen (14) days upon renewal of registration, provided that there has been no breach of the terms of the permit, the number of registrants who can be accommodated in the area is not exceeded and there are no other registrants waiting to use the area. ' c. Individuals who are issued permits shall abide by the fol ,- lowing terms: 1. Symbolic structures shall be erected only within the above-described area and restricted to the boundar ies indicated on the attached map. (Available in 101 Student Services".) 2. Symbolic structures shall not exceed thirty-two (32) square feet at the base, eight (8) feet in height, nor be located less than twenty-four (24) feet from any other structure. 3. Symbqlic structures shall not be inhabited, slept in, camped in or used as shelters. 4. Persons to whom permits have been granted (permit holders) shall be personally responsible for any sym bolic structure erected. 5. Permit holders shall maintain the structure and imme- . diately surrounding area in such manner and by such means as will leave the area unimpaired and free from trash, garbage and litter. 6. Signs, posters, placards, and banners shall not be attached to any trees, shrubs or buildings. Symbolic Student Handbook and Resource Guide 99 structures shall not be affixed to the grounds or any trees, shrubs or buildings. 7 Individuals who have erected s"tructures or directed the erection of structures are responsible for and liable to the University for the costs of removal, storage or other disposition of any structure which is impounded by the University for violation of any of these guidelines. 8. Violation of the terms of any permit by a permit holder may result in prosecution and/or penalties as provided in Ordinance No. 28. D. Any permit may be revoked or modified if the activities of the participiJ.nts interfere with the public health and/or safety or unreasonably interfere with the operations or use of University buildings or grounds or if the terms and conditions of the permit are violated: E. Every effort.will be made to complete the p;ocessing of the registration for a permit expeditiously but not later than three (3) class days .. -Secretary of the Board of Trustees -Vice President for Student Affairs and Services -Vice President for Finance and Operations -November 11, 1990 Information regarding permission to erect A-frames and sandwich boards outside of campus buildings is avail able in the Student life Center, 101 Student Services. Size limit is 3' x 5' . SMOKE-FREE POLICY, MSU . (All-University Policy) (Policy# 02-09-04) (Applicable to University employees as well as stu dents) The compelling scientific findings, as summarized by the United States Surgeon General (1986)1 and the Environmental Protection Agency (19892, 19923), indicate that the simple separation of buildings into "smoking''. and "non-smoking" sections does not eliminate the unequivocal health risks that result from Environmental Tobacco Smoke (EIS). In light of these findings, Michigan State University is committed to eliminating harmful exposures to environmen tal tobacco smoke unwanted by students, faculty; staff and visitors, and ;i.dopts the following'SMOKE-FREE policy 1. Smoking will not be permitted in any enclosed space, regardless of location, except specifically designated 'pri vate residential space and hotel rooms. Smoking will not be permitted near exits and entrances of buildings, except at a reasonable distance or unless otherwise designated. 2. Cigarettes and other tobacco products will not be sold on University grounds. =--..: 3. This smoke-free policy applies to all Michigan State University facilities and vehicles, -owned or leased. Smoking cessation programs provided by Healthy U and Olin Health Center are available to- assist persons who wish to quit smoking. Questions, problems and complaints regarding this policy should be handled through existing departmen tal administrative channels and administrative procedures, including the Housing Options Committee. Persons found to have violated this policy will be subject to disciplinary actioh in the same manner and magnitude as violations of other University policies. · The success of this policy will depend on the thoughtfulness, consideration, and cooperation of.smokers and non-smokers. All employees share in the responsibility for adhering to and enforcing this policy -Board of Trustees -July 16, 1993 SMOKING (Ordinance 29.00) (Applicable to University employees as well as stu dents) .Gl *No perso~ shall smoke in any closed space, regardless of, location, except specifically designated private residen tial space and hotel rooms. Smoking will not be permit ted near exits and entrances of buildings, except at a reasonable distance or unless otherwise designated . . 02 *Cigarettes and other tobacco products will not be sold on university grounds. .G3 *This smoke-free ordinance applieno all Michig~n State University facilities and vehicles, owned or leased. *Denotes civil infraction -Board of Trustees ;-Enacted September 15, 1964 -Amended May 16, 1969; December 10, 1994; _October 13, 1995 STUDENT EVENTS-SOCIAL , Social events (e.g., dances, mixers) that occur on the Michigan State University campus and to which persons beyond the sponsoring organization's membership are invited must be in compliance with the procedures for scheduling such events. These procedures may be obtained from the Department of Student Life, 101 Student Services. The sched- 1 Health consequences of Involuntary Smoking: A Report of the United States Surgeon General (December, 1986). DHHS (CDC) 87-8398. 2 Indoor Air Facts, No. 5: Environmental Tobacco Smoke Qune 1989). United States Environmental Protection Agency, Office of Air and Radiation (ANR-445). ,. 3 Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders (December 1992). United States Environmental Protection Agency, Office of Air and Radiation, EPN600/6-90/0067 · 100 SPARTAN LIFE-2010 uling process must begin at least 21 calendar days prior to the desired date for the event. or off campus. Students may also be required to make res- titution for damage to University property. · STUDENT DISORDERLY CONDUCT POLICY, MSU (All-University Policy) (Policy# 06-11-01) Prohibition Michigan State University stl.ldents shall not engage in dis orderly conduct at or in connection with a riot. Definitions "Riot" means five or more persons, acting in concert, who engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm. ''.A.cting in concert" means acting with a common intent or purpose. "Disorderly conduct at or in connection with a riot" includes, but is not limited to, setting fires; throwing bottles or other projectiles; damaging, destroying, or defacing prop erty not the student's own; obstructing, interfering with, or disrupting the activi,ties of peace officers or public safety personnel engaged in the lawful performance of their offi cial duties; intentionally or recklessly causing or threatening physical harm to another; endangering the physical safety of another; tampering with or misusing fire or safety equip ment; theft or looting; resisting arrest; and conspiring with others or inciting others to do any of the foregoing. , , Application This Policy applies tO all Michigan State University stu dents whenever the prohibited conduct occurs on the land governed by the Board of Trustees of Michigan State University (the "campus"), when students are engaged in University-sponsored or student group sponsored (stu dent governing group and registered student organization) activities off campus, in all local government jurisdictions adjacent to the campus, or on any other college or univer sity campus. Enforcement Violations of this Policy will be adjudicated according to procedures outlined in Article 4 of Academic Freedom for Students at Michigan State University. Students found through University disciplinary proceedings to have violated this Policy may be subjected to a variety of sanctions as described in Section 4.24 of Academic Freedom for Students at Michigan State University. These sanctions may include: No Action, Warning, Warning Probation, Disciplinary Probation or Suspension from the University. Either probation may also include stipulations requiring a studem living on campus to move to another location on In addition to sanctions outlined in Section 4.24 of Academic Freedom for Students at Michigan $tate University, violators of this Policy may also be required to make resti tution for damage to public and private property. __ In some instances, students accused of violating this Policy may be suspended on an interim basis. 1 Behaviors violating this Policy may also be in violation of professional standards established by colleges and profes sional schools at Michig~n State University. Procedures for adjudicating these alleged violations are outlined in Graduate Student Rights and Responsibilities, Medical Student. Rights and Responsibilities, and documents from Michigan State University-Detroit College of Law: Interpretation This Policy shall not be interpreted to restrict or limit any student's First Amendment rights to freedom of speech or assembly. · Note: All members of the University community must abide by standards of behavior that reflect the collegial nature of their endeavors. Faculty members and staff mem bers are subject to the disciplinary policies set forth in the Faculty Handbook and the Employee Handbook, respectively. -Board of Trustees, Interim Policy, April 9, 1999 -Revised and Adopted -Academic Council, October 24, 2000 -Board of Trustees, December 8, 2000 STUDENT FEE COLLECTION ·(STUDENT TAXATION) (All-University Policy) Michigan State University will have a student tax system that will allow students to assess themselves taxes for the purpose of supporting student sponsored programs and services. The all-University student governing bodies (Council of Graduate Students and the Associated Students of Michigan State University) and the on-campus residence unit governing groups (Residence Halls Association, Residents Cou.ncil for University Apartments, and Owen Graduate Association) are authorized to collect refundable and mandatory student taxes from their constituent groups subject to initial student refer endum and renewal referendum every three years. Additional criteria, procedures, and accountability measures for the use of University collection procedures by the above mentioned groups are to be developed by appropriate administrative offices. Until further action by the Board, an exception will exist for The State News, Inc., which will continue to collect student tax assessments under the same procedures that have been 1 See Section 4.3.7 of Academic Freedoin for St-udents at Michigan State University which reads: When the Vice President for Student Affairs and Services, at his/her discretion, believes there is reasonable cause that a student's continued presence at Michigan State University constitutes a clear and present danger to the health or safety of persons or property, the Vice President for Student Affairs and Services or his/her designee may temporarily suspend a student pending final resolution of the matter. The interim suspension shall not preclude, predetermine, or rern;ler irrelevant subsequent disciplinary action or procedures; nor shall an interim suspension create a presumption of guilt. Student Handbook and Resource Guide 101 in effect since The State News, Inc., became a separately incorporated organization. -Board of Trustees -December 2, 1983 Student Fee Collection Criteria and Procedures (Administrative Ruling) I. All-University Student Governing Bodies and On Campus Residence Governing Groups University policy provides that Michigan State University will collect mandatory and refundable fees for all-University student governing bodies (Associated Students of Michigan State University and Council of -Graduate Students) and on-campus residence govern ing groups (Residence Halls Association, Residents Council for University Apartments, and Owen Graduate Association). The criteria and procedures follow: A. All-University student go~erning bodies and on campus residence governing groups shall meet the following provisions before the University will col lect fees from constituents of the all-University stu dent governing bodies or the on-campus residence gover:ning groups: 1. The all-University student governfng bodies and · the on-campus residence governing groups shall have constitutions duly ratified by their student constituencies and recognized by the University' 2. The power to assess fees of student constituents must be granted in their constitutions. These all University governing bodies and the on-campus residence governing groups have the right to assess fees on their student constituencies. · 3. The Student Affairs and Services Division and the Business and Finance Division will estab lish the procedures for collection of mandatory and refundable fees in consultation with the all-University student governing bodies and on campus residence governing groups. 4. ·The all-University student governing bodies and the on-campus residence governing groups will establish procedures to refund collected fees to students making 'the request within the first 10' class days of each academic semester. 5. The all-University student governing bodies and the on-campus residence governing groups will make available a yearly financial report to the student population and to the Division of Student Affairs, and Services fo~atted by the executive committee of each all-University student gov erning body or on-campus residence governing group. If an all-University student governing body or on-campus residence governing group has subdivided its total fee assessment by major governing groups, organizations, or programs (see. I.B.), the yearly financial report of the parent all University student governing body or on-campus residence governing group must contain infor matiOI} from these constituent major governing groups, organizations, or programs. The availability of this report shall be publicized by November 1 in a publication that is distributed campus-wide to their constituent students. =-- ~ B. Constituent major governing groups, organizations, and programs of the all-University student govern ing bodies and on-campus residence governing groups may petition or request from their parent governing body or group monies to fund their activities. The all-University stuqent governing bodies and on-campus residence governing groups may, how ever, allow their student constituencies to authorize - through referendum process the collection of a fee assessment for a specific major governing-group, organization or program (see Section III). If such a fee collection is authorized through the referendum process, the parent all-University student governing body or on-campus residence governing group may develop requirements and procedures that govern the use of the fees collected by the specific major governing group, organization, or program. · C. The mandatory and refundabl~ fee collected by the University on behalf of these all-University student governing bodies or on -campus residence governing groups shall be subject to renewal by referendum of the affected student constituency every three years. 1. If an all-University student governing body or on-campus residenc~ governing group has subdi vided its total fee assessment by major governing groups, organizations, .or programs, tli.e renewal referendum will be conducted on each major gov erning group, organization, or program every three years. 2. Renewal of the fee requires an approval by a majority of the students voting. II. Incorporated Student Organizations University collection procedures rri.ay not be used by an all-University student governing boc:iy, major student governing group, or student organization which is sepa rately incorporated. III. Jleferendum for Establishment, Modification, or Removal An additional referendum for either establishment, modification, or removal of an all-University student _ ·governing body SPARTAN LIFE-2010 Notes, Numbers, Addresses, Etc .... • Student Handbook and Resource Guide 111 ~- -