;"""'_ .- WHEN YOU OPEN YOUR MSUFCU ACCOUNT WITH SAVE MONEY TOTALLY GREE CHECKING Not an MSU student or employee? There are many ways to join and save! 11-NcuKll Federally insured by NCUA Campus Branch Locat ions MSU Uni o n, 49 Abbot Rd., Rm . #108 523 E. Gra nd River Ave. 4825 E. Mt. Hope Rd. 3777 West Rd. www.msufcu.org • 517-333-2424 iiii:/l MICHIGAN ••• ~:,_ d~~:;RSITY@ FE DERA L C R E D IT U N ION Building Dreams 73:Jet her TABLE OF CONTENTS PART III REGULATIONS Student Consumer Information .... . ..... . ..... 52 Types of Rules and Regulations . ....... ..... . .. 55 General Student Regulations . .. ... .. .... ... . . . 56 Residence Hall Bill of Rights and Regulations · undergraduate and graduate ... . . . ... . ..... . .. . 60 University Apartments Community Bill of Rights and Responsibilities ... .. .. ........... 64 Alphabetical Listing of Student Group Regulations, Administrative Rulings, All University Policies, and Selected Ordinances . 65 INDEX ... . ... . ........................... . . 114 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 PART I INFORMATION AND SERVICES Academics · support, technology, adult/lifelong learning . . 8 Student Life · activities & organizations, career services & placement, employment, families , financial aid, food, governance, health services, housing, media, multicultural programs, recreation & fitness , religious activities, safety & security, transportation, veterans . 8 PART II RIGHTS AND RESPONSIBILITIES Legislative and Conduct and Grievance Systems 12 MSU Student Rights and Responsibilities · basic rights and responsibilities . ...... . ... ... ... 15 Graduate Student Rights and Responsibilities .. 37 Medical Student Rights and Responsibilities (reference only) . . .. . .... .. ... .... . ........... 50 Any updates to the text of this publication are accessible at website: http://SpLife.studentlife. msu.edu 2015 Published by the Department of Student Life Division of 'Student Affairs and Services 556 E. Circle Drive Room 101 (517) 355-8286 Michigan State University Edited by Lisa Vanwelsenaers MSU is an affirmative-action, equal-opportunity institution -;:;:-__ MICHIGAN STATE UNIVERSITY August 20, 2015 Dear MSU Student: Spartan Life provides valuable a~d important information for your engagement at Michigan State University. This handbook and resource guide compiles much of the essential information you will need to optimize your Spartan experience. As an academic community, it is necessary to set standards that will promote an environment conducive to learning. The firsf part of Spartan Life presents the policies, regulations aad guidelines developed tQ provide 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. 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 opportunities to learn from people 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 you take the initiative to expand your horizons and to take advantage of the programs and services that are available to help ensure your success. Those in the various units and departments of Student Affairs and Services, as well as many others across the University, stand ready to assist you in this endeavor. We appreciate the contributions of the students, faculty, and staff who have made this publication possible and are proud of the important activities, programs and services of the University they support and deliver. It is our hope each of you will actively pursue the diverse opportunities available for an exciting and rewarding student experience. Sincerely, Denise B. Maybank, Ph.D Vice President for Student Affairs and Services Division of Student Affairs and Services Office of the Vice President Student Services Building 556 E. Circle Drive Suite 153 East Lansing, Ml 48824-1113 517-355-7535 Fax: 517-432-2855 vps .msu.edu THE CHARACTER AND GOALS OF MSU 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 working, 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 • Quality: Dedicating ourselves to achieving excel lence in all of our endeavors- good enough for the proudest and recognized among the best • Inclusiveness: Providing opportunity for learners from all backgrounds-bringing their 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 locally, enterprises, to society and to those we serve- nationally, and globally For the complete University Mission Statement refer to president. msu. edu/mission! BOARD OF TRUSTEES Joel Ferguson, Chairperson Lansing Term ends January 1, 2021 Brian Breslin, Vice Chairperson Alto Term ends January 1, 2019 Dianne Byrum Onondaga Township Term ends January 1, 201 7 Melanie Foster East Lansing Term ends January 1, 2023 Mitch Lyons Rockford Term ends January 1, 2019 Brian Mosallam Dearborn Term ends January 1, 2021 George Perles East Lansing Term ends January 1, 2023 Diann Woodard Brownstown Township Term ends January 1, 2017 OFFICERS OF THE UNIVERSITY Lou Anna K. Simon, President June Youatt, Acting Provost and Executive Vice President for Academic Affairs Satish Udpa, Executive Vice President for Administrative Services Stephen Hsu, Vice President for Research and Graduate Studies Bill Beekman, Vice President and Secretary of the Board of Trustees Robert Groves, Vice President for University Advancement Mark Burnham, Vice President for Governmental Affairs Robert A. Noto, General Counsel and Vice President for Legal Affairs Denise Maybank, Vice President for Student Affairs and Services and Associate Provost for Academic Student Services and Multicultural Issues Heather Swain, Vice President for Communications and Brand Strategy Paulette Granberry Russell, Director of the Office for Inclusion and Intercultural Initiatives MSU title IX Coordinator Mark Haas, Vice President for Finance and Treasurer Vennie Gore, Vice President for Auxiliary Enterprise Dan Bollman, Assistant Vice President for Strategic Infrastructure • Planning and Facilities Joanna Young, Vice President and Chief Information Officer for IT Services Student Handbook and Resource Guide 3 VICE PRESIDENT FOR STUDENT AFFAIRS AND SERVICES Dr. Denise B. Maybank, Vice President for Student Affairs and Services 556 E. Circle Drive Room 153, (517) 355-7535 www. vp s.msu.edu •Budget and Personnel •Development •Research, Assessment and Evaluation •Technology and Network Support ASSISTANT VICE PRESIDENT FOR TRANSITIONS, LEADERSHIP AND EXPERIENTIAL LEARNING Dr. Allyn Shaw, Assistant Vice President 556 E. Circle Drive Room 155, (5 J?) 355-7535 ASSISTANT VICE PRESIDENT FOR HEALTH, WELLNESS AND SAFETY 556 E. Circle Drive Room 155, (517) 355-7535 ASSISTANT VICE PRESIDENT FOR IDENTITY AND AFFINITY. Dr. Terrence Frazier, Assistant Vice President 556 E. Circle Drive Room 159, (517) 355-7535 CAREER SERVICES NETWORK Dr. Phil Garnder, Executive Director 556 E. Circle Drive Room 113 (517) 355-9510 careerservices@csp.msu.edu www.CareerNetwork.msu.edu •Professional Development Advising •Online Career Resources •Student Jobs & Internships •Career Events •Job Search Assistance •On Campus Interviews COMMUNITY LIAISON Ms. Suchitra Webster, Student Services Coordinator 556 E. Circle Drive Room 162, (517) 355-7535 www. collegelifeEL. msu. edu and offcampushous ing. msu. edu COUNSELING CENTER Dr. Scott Becker, Interim Director 556 E. Circle Drive Room 207, (517) 355-8270 www.counseling.msu.edu •Counseling-Therapy (individual and group) •Consultation, Outreach, Preventive Education Workshops and Seminars •Sexual Assault Crisis and Safety Education •Substance Abuse Assessment •Career Counseling •Multicultural Counseling •Testing •Training FAMILY RESOURCE CENTER Ms. Lori Strom, Coordinator 1407 S. Harrison, Suite 225, (517) 432-3745 www.frc.msu.edu GRADUATE STUDENT LIFE AND WELLNESS Dr. Matt Helm, Director 120 Chittenden Hall, (517) 884-1351 _ http://grad. vudat. msu. edu/wellness •Comprehensive Graduate Student Life & Wellness Programming •Consultation, Outreach, Preventive/Wellness Education, Workshops •Graduate Student and Postdoctoral Trainee Career ' and Professional Development Counseling •Wellness Counseling and Resiliency Training for Graduate Students LESBIAN BISEXUAL GAY AND TRANSGENDER RESOURCE CENTER Ms. Deanna Hurlbert, Director 556 E. Circle Drive Room 302, (517) 353-9520 www. lbgtrc. msu. edu •Student Support Programs •Sexuality and Gender Education •Lounge, Art Gallery, and Library •Institutional and Curricular Consultation •Volunteer and Internship Opportunities MULTI-RACIAL UNITY LIVING EXPERIENCE (MRULE) Dr. Jeanne Gaze/, Director 234 Wilson Road Room C239, (517) 432-5266 http://mrule.msu.edu MSU NEIGHBORHOODS Dr. Kristen Renn, Associate Dean of Undergraduate Studies and Director for Student Success Initiatives 49 Abbot Road Room 200, (517) 884-4050 Dr. Amy Martin, Associate Director 49 Abbot Road Room 200, (517) 884-4050 Ms. Reggie Noto, Engagement Director-East Neighborhood 183 Hubbard Hall, (517) 884-3501 www. neighborhoods. msu. edu •General Advising •Access to Neighborhood Resources •Referrals Ms. Kelly High McCord, Engagement Director-Brody Neighborhood 160 Brody Hall, (517) 884-6670 www. neighborhoods. msu. edu •General Advising •Access to Neighborhood Resources •Referrals 4 SPARTAN LIFE-2015 SERVICE-LEARNING AND CIVIC ENGAGEMENT, CENTER FOR (Joint with Office of the Associate Provost, University Outreach and Engagement) Ms. Renee Zientek, Director 556 E. Circle Drive Room 345, (517) 353-4400 servlm@msu.edu www.servicelearning.msu.edu •Community Engaged Teaching, Leaming, and Service •Volunteer Service Opportunities •Academic Service-Leaming Placements •Group Service Opportunities •Alternative Breaks •Service-oriented Student Group Advising •Service-Leaming Orientations •Records of Service •Student Voter Resources STUDENT LIFE Dr. Allyn Shaw, Director 556 E. Circle Drive Room 101 , (517) 355-8286 www.studentlife.msu.edu •Campus Life Orientation •Greek Affairs •Leadership Development •Off-Campus Housing & Commuter Programs •Sexua!Assault and Relationship Violence Prevention Program •Student Affairs Records •Student Conduct •Student Government Advising •Student Organizations & Activities VETERANS RESOURCE CENTER Ms. Sarah Mellon, Veterans Resource Representative 556 E. Circle Drive Room 8, (517) 884-5972 www.veterans.vps.msu.edu Ms. Genye Royal, Engagement Director-South Neighborhood Cl30 Holden Hall, (517) 884-6686 www.neighborhoods.msu.edu •General Advising •Access to Neighborhood Resources •Referrals Mr. Thomas Fritz, Engagement Director-North Neighborhood 337 MSU Union, (517) 884-4050 www. neighborhoods. msu. edu •General Advising •Access to Neighborhood Resources •Referrals Ms. Jodi Roberto Hancock, Engagement Director-River Trail Neighborhood ClOlM McDonel Hall, (517) 884-4082 www. neighborhoods. msu. edu •General Advising •Access to Neighborhood Resources •Referrals OFFICE OF CULTURAL AND ACADEMIC TRANSITIONS Mr. Murray Edwards, Interim Director 556 E. Circle Drive Room 339, (517) 353-7745 www. ocat. msu. edu •Council of Racial Ethnic Students Advising •Events and Conferences • Intercultural Aide Program •Maximizing Academic Growth in College (MAGIC) Student Transition Program RECREATIONAL SPORTS AND FITNESS SERVICES Dr. Richard McNeil, Director 393 Chestnut Road Room 201 , (517) 355-5250 www. recsports.msu.edu •Intramural Sports •Club Sports •Fitness Centers/Group Exercise •Informal Drop-In Recreation •Special Populations Programs RESOURCE CENTER FOR PERSONS WITH DISABILITIES (Joint with Office of the Provost) Mr. Michael Hudson, Director 434 Farm Lane Room 120, (517) 884-7273 www. rcpd. msu. edu •Awareness and Training •Disability Services •Scholarship and Awards •Signature Programs SAFE PLACE Ms. Holly Rosen, Director 219 Wilson Road Room G60 (517) 355-1100 noabuse@msu.edu http://safeplace.msu.edu Student Handbook and Resource Guide 5 ~- - .. , . Activities Career Services Employment Financial Aid Food Governance at MSU Health Services Housing Personal Security Recreation Service for Community Groups Michigan State University has a wealth of programs and services designed to enhance the student experience at Michigan State University. Aside from meeting your every day needs as a student, it is also important that you take an opportunity 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 reference 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 Online at http.://SpLife.stu dentlife. msu. edu!. ACADEMICS Each college or major can assist students with academic matters such as enrollment, changt5s of major, class chang es, academic advising, and withdrawal and readmission procedures.' For a list of each college and their related aca demic and support units, visit http://provost.msu.edu/units/. In addition, students have access to a number of campus wide academic programs and services. What follows is only a sampling, 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 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. edu/academics/support. asp. The University Ombudsperson provides assistance to stu dents needing help to resolve complaints or conflicts with academic or non-academic matters. Visit https:!!www.msu. edu/unit/ombud/. ACADEMIC TECHNOLOGY SERVICES Through the Help Desk, 24-hour Distance Learning Service, Computer Laboratories, and the MSU Computer Store students can receive personal comput ing and MSU Desire2Learn course support, have repairs done, and obtain discounted prices on new technology and software. For more information, visit: http://itservices.msu. edu/. ADULT/LIFELONG 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: https:!!www.reg.msu.edu/RO!rifo/ EnrReg/LifelongEducation. aspx. 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 660 registered student organizations including hon oraries, academic interest groups, sports clubs, professional, Greek-letter, international, racial/ethnic, religious, political, service and volunteer, public relations and media organiza tions. Through such groups, MSU students can engage in community service, participate in various entertainment, social,' and cultural activities, and visit gardens, animal farms, museums, theaters, and even our very own planetarium. · Want to know what, when, and where "it's" happening? Visit http:! !wwyv. events. msu. edu and http://uabevents.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 visit the Union online at http://msuunion.com. CAREER SERVICES AND PLACEMENT The Career Services Network will assist students in every stage of career development, including choosing a major, exploring career options, gaining work experience and conducting a successful job search. For more informa tion, visit http://careernetwork.msu.edu and http://www. MySpartanCareer. msu. edu. EMPLOYMENT Approximately 17,000 students are employed on campus each year in a wide range of positions, including clerical, technical, research assistance, project management and ser vice roles. These opportunities and more can be found at http://www.MySpartanCareer.com, http://studentjobs. lib. msu. edu, http://www. breslincenter. com/studentemployment, http://www.greenline.msu.edu/, and http://www.police.msu. edu/studentjobs.asp. FAMILIES MSU coordinates information, resources and University ini tiatives to assist students with children and students manag ing the care of dependent elders through the Family Resource Center (FRC). For information about FRC programs and services call (517) 432-3745 or visit their website at: http:!! wwwfrc. msu. edu. FINANCIAL AID Over 65 percent ofMSU students receive financial aid, . many from more than one source. Students seeking financial aid should file a Free Application for Federal Student Aid (FAFSA) to apply for both need-based and non-need-based aid at MSU. This free form is available at http://wwwf afsa. ed.gov. For more information regarding scholarship assis tance, short-term loans, etc. visit http://www.finaid.msu. 8 SPARTAN LIFE-2015 /' edu, or use the eFinaid link on Stulnfo at http://www.stu info. msu. edu. msu. edu, http://www. rcpd. msu. edu, http://www. lbgtrc. msu. edu, and http://www. msu.edu/~msuwomen. FOOD There are many places to eat on campus, including the res idence halls, the International Center, the MSU Union, and 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 Bank as well. For more information on these and other options, visit http://eatatstate.msu.edu/ and type in the balded key words 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, gradu- ate students, and various living groups (i.e., residence hall students) are represented in a variety of ways. Each organiza tion provides a variety of programs and services designed to support students and student organizations. For a listing of student governing bodies, visit http://www.SpLife.studentlife. msu.edu/information-and-services/governance-at-msu and https ://www. msu. edul~acadgov/. HEALTH SERVICES Students have access to a variety of medical, dental, coun seling, psychological and health education services, most of which are free or offered at a very low cost. For more information on these services, visit http://www.olin.msu.edu, http:! /psychology. msu. edulclinic, and http://www. counsel ing. msu. edu. HOUSING A variety of on-campus living-learning environments are available for students, including campus residence halls and apartments. For more information visit http://www. liveon. msu.edu. For students who wish to live off-campus, options include Greek Letter Chapter Houses, Cooperative Living Units, Religious Living Units, and many area rental proper ties. For more information on off-campus housing related services, visit MSU Community Liaison, http://collegelifeel. msu.edu/housing or the Department of Student Life at http://www.studentlife.msu.edu. The free MSU Off-Campus Housing Listing Service features multiple property listings and includes advanced search filters, a roommate finder, mes sage boards, and educational resources. Visit http://ojfcam pushousing.msu.edu to start your search. MEDIA 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 (http://www.statenews. com). Students also operate an internet-only station called "The FIX" (http://www.thefix.org). MULTICULTURAL PROGRAMS MSU has a rich heritage and tradition of embracing pluralism and diversity through nationally renowned multicultural pro grams and services. The University's holistic consideration includes gender, racial-ethnic minorities, international popu lations, disabilities, and sexual orientation. For more informa tion on the programs and services, please visit: http://www. ocat.msu.edu, http://www.oiss.msu.edu/, http://www. wrc. RECREATION & FITNESS MSU offers several recreation and fitness facilities for people of all ages and abilities. For those interested in recreational and competitive activities, MSU Recreational Sports and Fitness Services offers 28 club sports, ten different intramural leagues depending on the semester as well as golf and tennis tournaments. We have three pools, (2 in IM West and one in IM Circle) an indoor track (IM East) and a Sailing Center located at Lake Lansing. For more information go to http:// www.recsports.msu.edu. Other offerings on campus include, MSU Bikes, bowling, tennis courts and ice skating. 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 fellowship activities. For more information on reli gious and faith-based communities, visit http://www.msu. edul~msuraa/. SAFETY & SECURITY MSU has its own police department which performs the duties of a similarly sized municipal department. Programs and services include Homeland Security and Planning, special events, parking enforcement, Community Team Policing, bicycle security, and personal safety programs. For information on these and other services, please visit: http://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 sup port walkers, bicyclists, and those who prefer public and private transportation. For more information on the rights, responsibilities and services available with each option, please visit http://www.police.msu.edu and http://www.cata. org. VETERANS United States veterans may be certified for benefits through the Office of the Registrar, 150 Administration, (517) 355- 3300, http://www.reg.msu.edu/. Educational/vocational counseling for veterans and eligible dependents are offered through the Ingham County Veteran's Affairs Office, 5303 S. Cedar, Lansing, (517) 887-4331. Student veterans are encouraged to visit Student Veterans of America at http:// veterans. vps. msu. edu. New and returning undergraduate veterans with a military related disability who are Michigan residents and working on 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 regard ing the MSU Disabled Veteran's Assistance Program at http ://finaid.msu.edu/veter~ns.asp. Student Handbook and Resource Guide 9 -;:;'" __ .. The process for the establishment and adjudication of regulations governing student conduct are set forth in Michigan State University Student Rights and Responsibilities. Based on the principle of student involve ment, there is both a specific legislative process and a comprehensive judicial system which governs undergradu ate students. To the extent that interest motivates personal involvement, there continues to be broad avenues for stµ dent participation in the governance process. • The Governance System • The Student Conduct System What does a Campus Conduct System do? • Relationship of the Student Conduct System to Campus Governance • Other Hearing Bodies • Graduate Judicial Structure • Employment Hearing or Grievance Procedures • Medical Student Hearing Board Structure THE GOVERNANCE SYSTEM Michigan State University mainta(ris thfee levels of regula tions applicable to student conduct, all of which require student approval. In addition, there are rulings established by -administrative offices and policies and ordinances estab lished 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 5 of Michigan State University Student Rights and Responsibilities. (See Part 2 of this book.) A brief description of each may also be found at the beginning 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 governing the conduct of all persons on University property. These ordinances are Jaw, viola tions of which are misdemeanors and adjudicated through the courts. The legislative process need not involve any one except the Board of Trustees, although in practice the administration contributes its advice and relevant student faculty committees may also be consulted. References for further information: a. MSU Ordinances b. Bylaws of the Board of Trustees, Article XI Academic Regulation- Matters of academic policy, pro gram and degree requirements are available in the follow- ing sources: ..,..._ - a. MSU Catalog-Academic Programs ..: b. MSU Catalog-Description of Courses · In addition to consulting these sources, students should contact the academic department of their major preference for specific program requirements. CONDUCT AND GRIEVANCE SYSTEMS Michigan State University has a number of bodies includ ing administors and hearing boards, which serve the inter ests of undergraduate and graduate students 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 established through the report on Michigan State University · Student Rights and Responsibilities (commonly known as the Student Rights and Responsibilities or SRR). The Stu dent Rights and Responsibilities was adopted in 1967; was amended in 1971 , 1977, 1983; and was completely revised in 1984 and 2010, 2014. WHAT DOES THE STUDENT CONDUCT SYSTEM DO? In addition to hearing alleged violations of regulations gov erning student conduct, the MSU student 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 con sideration of challenges to regulations or administrative de cisions alleged to be inconsistent with fundamental student rights outlined in the "Student Rights and Responsibilities ". In addition, there is a provision for considering allegations that legislative bodies or officers have acted inconsistently with their respective constitutions. It is through perfor mance of these functions, as well as through consideration of alleged violations of regulations, that the conduct system seeks to maintain the delicate balance between maximum freedom and necessary order so fundamental to the protec tion of an environment for learning. RELATIONSHIP 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 criticism. The grievance system is structured on the principle that legislative authority requires judicial respon sibility. Accordingly, there is provision for a hearing body to parallel each legislative body, depending upon it for provision of members and having corresponding jurisdic tion. All-student hearing bodies are established in general through the Student Rights and Responsibilities, but may be defined more specifically in the constitution of the student governing bodies whose jurisdictions they share. 12 SPARTAN LIFE-2015 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. Graduate Judicial Structure. A completely sepa rate judicial structure is provided for adjudicating cases brought by and against graduate students in the areas of: I) academic rights and responsibilities; 2) professional rights and duties of graduate assistants ; 3) professional rights and duties of other graduate students. Judiciaries are provided for at the depart mental, 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.) B. Employment Hearing or Grievance Procedures include those for students, the faculty, the administrative-professional personnel, the union ized clerical-technical employees, and the union ized hourly employees. (Students consult the Student Employment Policy Manual or the Student Employment Office.) C. Medical Student Judicial Structure. A judicial structure is provided for adjudicating cases brought by and against medical students in the areas of: I) 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 University levels. Each judiciary is composed of equal numbers of faculty and student members. In addition, medical 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 referred to the appropriate judiciary as outlined in Michigan State University Student Rights and Responsibilities. (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 13 I ' .. =-- - ''SRR'' This document provides the framework for stu- ARTICLE 1: Guiding Values and Principles dent rights and responsibilities at Michigan State ARTICLE 2: Academic Rights and Responsibilities University, including student conduct, academic pursuits, keeping of records, and publications. It describes procedures for formulating regulations governing student conduct and for providing due process in the adjudication of student disciplinary cases. This document also defines channels and procedures for student complaints and grievances. ARTICLE 3: Student Records ARTICLE 4: Non-Academic Hearing Board Structures ARTICLE 5: Adjudication of Non-Academic Cases ARTICLE 6: Academic Hearing Board Structures ARTICLE 7: Adjudication of Academic Cases ARTICLE 8: Regulations, Policies, and Rulings ARTICLE 9: Independent and University Supported Student Publications ARTICLE 10: Office of the Ombudsperson ARTICLE 11 : Definitions and Acronyms ARTICLE 12: Procedures for Amending and Revising This Document HISTORY OF APPROVAL' Student Handbook and Resource Guide 15 FOR EWARD The foreword is not a part of the document that follows . It supplies, however, a necessary perspective for interpreting the document, originally named Academic Freedom for Students at Michigan State University. 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 established this institution on the land-grant principle, they framed a new conception of the role of the university in American life. A land-grant univer-sity is a trusteeship of in tellect in the service of society. It gathers society's creative and critical powers and uses them to advance the common g?9d 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. All members of the academic community - trustees, administrators, faculty, staff and students - the University is the proper beneficiary. enact a trust of which society beyond The real significance of this document, as we believe, is not that students have acquired rights, but that they have explicitly been made party to our social trust. The respon sibility which lies upon the 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 entrusted to their care. PREFACE This report, the Graduate Student Rights and Responsibilities document, Law Student Rights and Responsibilities document, and the Medical Students Rights and Responsibilities document contain guidelines to the rights and duties of students in matters of conduct, academic pursuits, the keeping of records, and publica tions . 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 students and provides for students a carefully prescribed system of due process. The report does not contain a gen eral 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 1 GUIDING VALUES AND PRINCIPLES 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 knowl edge. The most basic condition for the achievement of these purposes is freedom of expression and communica tion. 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 and character of the University. Therefore, the University always must strive to strike that balance between maximum freedom and necessary order which best promotes its basic purposes by providing the environ ment 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 commu nity, 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 privi leges, 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 which are equally essential to the purposes and processes of the University. The University cherishes 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 of procedures for meeting the practical, routine necessities of a complex community and to the prohibition or limitation of acts which cannot be tolerated because they seriously interfere with the basic purposes, necessities, and processes of the academic community, or with rights es sential 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 16 SPARTAN LIFE-2015 rights, protections, and guarantees of fair treatment held by all citizens, and which the University may not deny. The enforcement of the student's duties to the larger society is, however, the responsibility of the legal and judicial authori ties duly established for that purpose. GUIDELINES To protect student rights and to facilitate the definition of student responsibilities at Michigan State University, the following guidelines shall apply to those stipulations and conditions 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 recon ciliation of the principles of maximum freedom and necessary order. B. There shall be no regulation unless there is a 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 participate in formulating and revising regulations governing 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 spe cific 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 appropriate to its exercise. G. Regulations shall respect the free expression of ideas and shall encourage the competition of ideas from diverse perspectives. H. Procedures and penalties for the violation of regu lations 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 jus tify increasingly severe penalties. J. 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 specific violation. 3. The substance of a regulation or administrative decision which is alleged to be inconsistent with the guidelines in this document. 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 before a duly constituted hearing body as provided in this document. No student shall be suspended or dismissed from the University for disciplinary rea sons, except through the procedures of this docu ment or the applicable sections of the Graduate Student Rights and Responsibilities document, the Law Student Rights and Responsibilities document, or the Medical Student Rights and Responsibilities document. L. Every regulation 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 relat ing to student rights and responsibilities shall be made available to every member of the academic community. ARTICLE 2 ACADEMIC RIGHTS AND RESPONSIBILITIES I. Preamble The freedom and effectiveness of the educational process depend upon the provision of appropriate conditions and opportunities for learning in an envi ronment that is supportive of diversity among ideas, cultures, and student characteristics. The responsibility to secure, respect, and protect such opportunities and conditions is shared by all members of the academic community. The primacy of the faculty's role and its centrality in the educational process must be recog nized and preserved. The primary intellectual purpose of the University-its intellectual content and integrity - is the responsibility of the faculty. The establishment and maintenance of the proper relationship between instructor and student are fun damental 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 dedication to the educational process. II. Role of the Faculty 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 reconciled with the rights of the faculty, consistent with the principle that the competency of a profes sional can be rightly judged only by professionals. It is therefore acknowledged and mandated that competence 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 Code of Teaching Responsibility, and other documents on faculty rights and responsibilities. C. No hearing board established under this document shall interfere with the evaluation of a student that represents a course instructor's good faith judg ment of the student's performance. In the event that an evaluation is determined to be based on Student Handbook and Resource Guide 17 inappropriate or irrelevant factors , as discussed in Section IIl.B.1 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. The University shall provide appropriate and clear ly defined channels for the receipt and consider ation of student complaints concerning instruction. In no instance shall the competence of instruction form the basis for an adversarial proceeding before any of the judicial bodies established in this docu ment. III. Rights and Responsibilities of the Student A. The student is responsible for learning and degi onstrating mastery of the content and skills of a course of study, while participating actively in the ·course's intellectual community, according to stan dards of performance established by the faculty. B. The student has ·a right to academic evalua tions that represent the course instructor's good faith judgments of performance. Course grades shall represent 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 to academic perfor mance and applicable professional standards. 1 2. The student shares with the faculty the respon sibility for maintaining the integrity of scholar ship, grades, and professional standards. 3. The student shall be free to take reasoned exception to information and views offered in the instructional context, and to reserve judg ment 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 pro cess for all concerned. 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 aca demic program. 6. The student has a right to accurate, timely, and clear information in writing at the time of entry into an academic program concerning (a) general academic requirements for establish- ing and maintaining an acceptable academic standing, (b) the student's academic relation ship with the University anc!Jh~ details of any special conditions that may apgly, 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 plan ning to meet such requirements, students are responsible for consulting with their academic advisors. 8. The student has a right to protection against improper disclosure of his/her education records2 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 recogni tion for scholarly assistance to faculty. 10. The student and the facu lty share the responsi bility for maintaining professional relationships based on mutual trust and civility. ARTICLE3 STUDENT RECORDS I. 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 as well as current federal and state law. II. 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. III. All policies and practices governing access to, and maintenance and release of, student records shall conform to the University's published guide lines (See the MSU Access to Student Information Guidelines). IV. No record shall be made, reproduced, or retained V. unless there is a demonstrable need for it that is reasonably related to the basic purposes and necessities of the University. 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 ofrecommenda- Academic performance includes meeting applicable professional standards when such standards are a component of the curriculum. Professional standards must be approved by the relevant academic unit and the dean and, in the case of college statements, the Office of the Provost. The development of such standards within academic units shall include student participation. The dean and the Office of the Provost shall consult with appropriate governance groups before approving professional standards. 2 See the MSU Access to Student Information Guidelines for information regarding confidentiality of student education records. 18 SPARTAN LIFE-2015 tion). Student educational records include official transcripts, student disciplinary records, and records regarding academic performance. VII. All policies and practices dealing with the acquisi tion 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 that are used or may be used to make determinations about a student's employment, financial aid, or academic progress shall include a notation of the name of the per- son who supplied the information 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 such records in appropriate methods of keeping and disposing of confidential records. X. 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 permission of the student. XI. 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, Section II of this document. These policies and practices 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. ARTICLE4 NON-ACADEMIC HEARING BOARD STRUCTURES Consistent with the fundamentals of fair play in any judi cial 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 hearing boards. Academic hearing boards are described in Article 6 of this document. I. General Guidelines A. Student Membership and Selection. A nomina tion committee composed of undergraduate and graduate members from each of the hearing boards outlined in this Article, as well as representatives from RHA, ASMSU, and COGS, will be respon sible for recruiting and nominating a full comple ment of students to serve on each hearing board. At its discretion, the committee may include fac ulty members in the nomination process. The com mittee will be advised by a designee of the Vice President for Student Affairs and Services, who shall be a non-voting member. The committee will develop and follow written procedures to govern the nomination process. Once the nomination process is complete, the com mittee must submit the names of the candidates for appointment to the appropriate governing body (see Section LB below) no later than the sixth week of spring semester. B. Student Appointment/Reappointment. COGS shall be responsible for the appointment of gradu ate students to the hearing boards described in this Article. RHA shall be responsible for the appoint ment of residence hall hearing board members. ASMSU shall be responsible for the appointment of undergraduates to remaining hearing boards described in this Article. All student appointments shall be made by the tenth week of spring semes ter. Each governing body shall make provisions for filling mid-semester vacancies on an interim basis prior to completion of the appointment process. If such vacancies have not been filled within two weeks, the Provost may appoint student members to fill them. The Provost may also appoint students to fill the vacancies if students are unable to serve during the summer or if interim members are nec essary to meet quorum requirements. C. Faculty and Staff 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. Faculty members may serve no more than two consecutive full term appointments. Staff members on the hearing boards described in this Article shall be nominated by the Executive Vice President for Administrative Services and appointed by the President. Staff members may serve on more than two consecutive full-term appointments. The Provost may appoint members from the facul ty and staff ranks to fill vacancies in the event that mid-semester openings occur, members are unable to serve during the summer, or interim members are necessary to meet quorum requirements. D. Advisors. Each hearing board described in this Article shall have an advisor designated by the Vice President. The role of the advisor is to see that each hearing board follows the provisions out lined in this document. The advisor shall serve as an ex-officio and non-voting member of the hear ing board. E. Code of Operations. All hearing boards shall follow a written code of operations that will be reviewed by the UCSA. The codes of operation of student-only hearing boards described in Section II of this Article must be approved by their major governing groups. Each code of operations must be consistent with this document, including confi dentiality provisions,. procedures for determining whether a complaint warrants a 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 Student Handbook and Resource Guide 19 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 five board members or 50% of the currently appointed membership, whichever is less. The codes of operation shall also address procedures for expedited consideration 'of urgent cases in which a temporary restraining ac tion is sought. pointment for one additional term. Student mem bers appointed mid-semester will serve until the beginning of the next succeeding summer semes- ter. - - -- III. Student-Faculty-Staff Hearing Board A. Composition. The Student-Faculty-Staff Hearing Board shall be comprised of five undergraduate students, three graduate students, two staff mem bers, and three faculty members. B. Jurisdiction. The Student-Faculty-Staff Hearing II. Student-Only Hearing Boards A. University Housing Hearing Boards. The RHA may establish its own hearing boards with jurisdic tion over cases involving: 1. Complaints of personal misconduct occurring in or around University housing, including alleged violations of General Student Regulations, Student Group Regulations, Living Group Regulations, or University policies, where the possible sanction would not be expected to result in suspension or dismissal from the . University; and 2. Complaints regarding the constitution, bylaws, or policies of RHA. University Housing Hearing Boards do not have jurisdiction over cases involving academic miscon duct, except as described in Article 5, Section I of this document. B. All-University Student Hearing Board. ASMSU and COGS shall form one All-University Student Hearing Board to be comprised of at least three undergraduate students and three graduate stu dents. This hearing board will have jurisdiction over cases involving: 1. Complaints of personal misconduct occurring in or around University housing that involve a graduate student, or for which another hearing board is not available and where the possible sanction would not be expected to result in sus pension or dismissal from the University; 2. Complaints alleging violations of General Student Regulations, Student Group Regulations, or University policies by indi vidual members or constituent groups within 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, bylaws, or policies of ASMSU or COGS. The All-University Student Hearing Board does not have jurisdiction over cases involving aca demic misconduct, except as described in Article 5, Section I of this document. C. Terms of Appointment. Members of the student only hearing boards shall serve for one full cal endar year, commencing with summer semester following appointment, with opportunity for reap- Board shall have jurisdiction over cases involving: 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 governing groups, student governing groups, living units, and/or registered student organi zations that allege a violation of the group's, unit's, or organization's constitution, bylaws, or policies; 3. Complaints between ASMSU and COGS that allege a violation of either governing body's constitution, bylaws, or policies. The Student-Faculty-Staff Hearing Board does not have jurisdiction over cases involving academic misconduct, except as described in Article 5, Section I of this document. C. Terms of Office. Student members of the Student Faculty-StaffHearing Board shall serve for two years with the opportunity for reappointment for one additional two-year term. Faculty and staff 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 comprised of two undergraduate students, one graduate student, one staff member, and two faculty members. B. Jurisdiction. The University Student Appeals Board shall have appellate jurisdiction over disci plinary decisions arising from processes outlined in Section I of Article 5. The University Student Appeals Board shall also have original jurisdic tion over nonacademic student grievances filed pursuant to Section II of Article 5 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 and staff 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. 20 SPARTAN LIFE-2015 ARTICLE 5 ADJUDICATION OF NON-AC ADEMIC CASES I. Personal Misconduct Cases The following procedures shall govern cases involv ing alleged acts of personal misconduct. The proce dures 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 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 allega tion filed under Section I.B of this Article that a student has violated a University regulation, ordi nance, or policy. Any member of the University community may file a complaint against a student. Where appropriate the involved parties are encour aged to consider a variety of dispute resolution options, including but not limited to restorative justice, mediation, and/or conflict coaching, prior to the filing of a formal complaint. B. Filing a Complaint. To file a complaint, a mem ber of the faculty, staff, or student body must submit a written statement of the Department of Student Life through its established protocol. The statement must contain the following information: 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 student against whom the com plaint is filed (the "respondent"); and 4. The name of the individual who is filing the complaint (the "complainant"). C. Notice of Complaint. Upon receipt of a prop erly formatted complaint, a designee of the Vice President shall notify the respondent in writing within five class days that he or she has been accused of violating a University regulation, ordi nance, or policy. The respondent shall be required to meet with an individual designated by the Department of Student Life ("administrator") for the purposes described in Section D below. 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 com plaint in person; 5. A list of conflict resolution and campus resourc es available to both parties; and 6. The deadline by which the respondent is required to meet with the administrator. D. Administrative Meeting. 1. The respondent will meet with the administra tor, who will advise the respondent of his/her rights and responsibilities under this document, review the complaint, and discuss possible reso lution options. 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 admin istrator or fails to admit or deny the alleged vio lation within five class days of meeting with the administrator, the administrator may take one of the following actions: 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. If the decision of the administrator does not include a suspension or dismissal, the respondent may appeal pursuant to Section F below. If the decision of the administrator includes a suspension or dismissal, the respondent shall have five class days from the date of the deci sion to request a formal hearing before the Student-Faculty-Staff Hearing Board. Such a request must be consistent with the directions in the decision letter and will void the admin istrator's decision, which will not be shared with the hearing board that hears the com plaint. In the absence of a properly submitted appeal or hearing request, the administrator's original decision will be final, pending any necessary approval and implementation by the Vice President. 3. A respondent who admits his/her violation waives his or her right to a hearing on the mat ter of responsibility. In such a situation, the respondent may request that the administra- tor determine the sanction for the violation or request that the appropriate hearing board determine the sanction. Where appropriate, the respondent may also express a desire to partici pate in another dispute resolution process, either in lieu of or in addition to the adjudication pro cess outlined in this Article. If the respondent asks to participate in another dispute resolution process, the Vice President must approve that request and the complainant must agree to par ticipate before that process may be initiated. 4. If the respondent denies the violation, the respondent shall choose to have the matter heard by an administrator or a hearing body. The hearing should.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 Student Handbook and Resource Guide 21 appropriate hearing body. This notice of hearing shall include: a. A sufficiently detailed description of the al- leged misconduct; b. The date, time, and location of the hearing; c. The name(s) of the individual(s) who will conduct the hearing; d. The names of the complainant's witnesses and advisor (if known). 2. The hearing body shall take necessary precau- tions to avoid any conflict of interest. The complainant and the respondent shall have two class days from receiving the hearing notice to challenge any hearing board member or hearing administrator for cause. The standard the chair of the hearing body shall follow in ruling on challenges for cause is whether, in light of he challenged person's knowledge of the case or personal or professional relationships with the complainant, respondent, or a witness, the cha!- lenged person would be able to hear the case fairly and impartially. -If the challenge is to the chair of the hearing body or hearing administra- . tor, the challenge shall be decided by the Vice President. 3. The complainant and respondent shall have two class days from receiving the hearing notice to provide the hearing body with the names of his/ her witnesses or advisors, if such names are not already listed on the hearing notice. The com- plainant and respondent will receive a second notice containing this information no less than one class day prior to the hearing. 4. Either complainant or respondent may request, for good cause, that the hearing be postponed. The hearing body may grant or deny such a request. 5. Hearings under Section I (personal misconduct) of this Article shall be closed unless both the respondent and complainant agree to an open hearing. Hearings under Section II (non-aca- demic student grievances) of this Article shall be closed, unless the complainant requests an open hearing. In either circumstance, the hear- ing body may close an open hearing at any time to maintain order or protect the confidentiality of information. 3 An open hearing is open to any member of the University community. 6. The complainant and respondent are expected to appear at the hearing to present their cases. If appearance in person is not feasible, the hear- ing body may permit either party to present his/ her case through other communication channels (phone, webcam, video conference, etc.). If the complainant fails to appear, the hearing body may either postpone the hearing or dismiss the case. If the respondent fails to appear, the hear- ing body may either postpone the hearing or hear the case in the respondent's. absence. The respondent's failure to appear s.!iall not mean the respondent is presumed to have committed the violation in the complaint. 7. The complainant and respondent shall be enti- tied to: a. Receive a timely hearing. b. Call witnesses on their behalf. Witnesses must be members of the University commu- nity, unless the hearing body determines that witness has direct knowledge of the facts per- taining to the matter at issue. Witnesses may be present in the hearing only when testify- ing. Witnesses may submit written statements to the hearing body in lieu of testifying only with the express permission of the hearing body. Expert or character witnesses are not al lowed, except as deemed necessary by the hearing body. The hearing body 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 University- community. If criminal charges related to the alleged violation are pending, the respondent may have an attorney who is not a member of the University community at the hearing as his/her advisor. If the respondent is criminally charged with a sex offense related to the al- leged violation when the hearing occurs, the complainant may also have an attorney pres- ent at the hearing as his/her advisor. The advisor or attorney may be present through- out the hearing but has no voice in the hearing unless the chair of the hearing body grants the attorney or advisor permission to have a limited voice.4 e. Question any witness who appears at the hearing. 8. The hearing body shall determine whether each allegation has been supported by a preponder- ance of the evidence. If an allegation is not supported by a preponderance of the evidence, the respondent shall be found "not responsible" for that allegation. If the allegation is supported by a preponderance of the evidence, the hearing body may impose one or more of the sanctions listed in Section H of this Article. 9. The hearing body shall prepare and deliver a written decision within five class days of the hearing. The report shall include rationale for the decision and notification of the right to appeal. A copy of the report shall be provided 3 The hearing bodies described in this document should refer to University policies and applicable laws regarding confidentiality of infor mation. 4 The chair or hearing administrator shall normally grant permission for a student representative from the undergraduate student defender program to have voice in the hearing. 22 SPARTAN LIFE-2015 to the complainant and respondent, who will be required to maintain the confidentiality of the document to the extent permitted by law. F. Appeals 1. The University Student Appeals Board has jurisdiction over all appeals of decisions made by a hearing body under this Article. 2. A respondent may appeal an adverse decision on the basis that the information presented does not support the decision reached by the hear ing body or that the sanction recommended is incommensurate with the seriousness of the offense. 3. Either the complainant or respondent may appeal on the basis that applicable procedures were not followed or there was a conflict of interest involving a member of the hearing body. 4. A written appeal must be filed as directed in the decision letter within five class days after the date on which the decision was sent to the com plainant and respondent. Any sanctions imposed will be held in abeyance while the appeal is pending. 5. The University Student Appeals Board shall take necessary precautions to avoid any conflict of interest on the part of its members. Upon receipt of the appeal, the complainant and respondent shall be provided with the names of the members of the University Student Appeals 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 jurisdiction.· b. Affirm or reverse the original decision. c. Direct the original hearing body 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 af firm, reverse or modify the original decision. 7. The University Student Appeals Board shall issue a written decision, including the rationale for its decision, within ten class days of con vening to consider the appeal or conducting a hearing. A copy of the decision shall be pro vided to the complainant and respondent, who will be required to maintain the confidentiality of the document to the extent permitted by law. Except in cases where a suspension or dismissal is recommended, the decision of the University Student Appeals Board is final and shall be effective immediately. 8. Decisions of the University Student Appeals Board resulting in a suspension or dismissal may be appealed by either the complainant or respondent to the Vice President on the basis that a finding of responsibility is not supported by the information presented or that the penalty is incommensurate with the seriousness of the offiense. 9. Decisions resulting in a suspension or dismissal that are not appealed will be forwarded to the Vice President for approval and implementa tion. G. Requests for Reconsideration. Each hearing body shall allow a complainant or respondent to request reconsideration of a case within 30 calendar days of its decision, if either party can demonstrate that new information has arisen. An exception to the 30-day time limit may be granted by the appropri ate hearing body only upon a showing of good cause. H. Sanctions for Personal Misconduct. Disciplinary sanctions imposed should be based on a consid eration 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: 1. Warning: An official written statement express ing disapproval of the behavior and notifying the student it must not occur again. 2. Probation: An official written statement estab lishing a period of time for observing and eval uating a student's conduct and indicating that any additional violations may result in more severe disciplinary action. This period may be accompanied by stipulations, including but not limited to restitution, participation in an educa tional program, or loss of specified University 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 campus residence, either to an off-campus loca tion or to another location within the University housing system. 5. Other: The student may be required to complete an educational program or activity or comply with the reasonable conditions of a behavioral contract. 6. Disenrollment from a course: If the complain ant is based on disruptive behavior in a specific class, the hearing body may recommend to the Provost that the student be disenrolled from that course. 7. Suspension: A suspension is temporary removal from the University for a particular period of time, at the conclusion of which the student is 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. Only the Vice President may impose the sanction of suspension from the University. Student Handbook and Resource Guide 23 8. Dismissal: A dismissal is a permanent removal from the University. Only the Vice President or Provost may impose the sanction of dismissal from the University. I. Urgent Disciplinary Cases. If the Vice President is presented with credible information that a stu dent's continued presence at the University poses a clear and present danger to the health or safety of persons or property, the Vice President 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 infor mation that he/she does not pose a threat to per sons or property. ·The interim suspension shall not preclude, render irrelevant, or predetermine the outcome of sub sequent disciplinary action relating to conduct on which the interim suspension is based. Nor shall an interim suspension create a presumption that the respondent violated University policy. Stu dents placed on interim suspension may petition for reinstatement at any time, with the following guidelines. 1. Such petitions will be considered by either the Vice President or the Provost as requested by the petitioner. 2. Within five class days after receipt of a stu dent's petition, the Vice President or the Provost shall meet with the student for the sole purpose of deciding whether to continue the interim sus pension 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 pursuant to this Article, regardless of where the conduct occurred. II. Non-Academic Student Grievances Any student may file a grievance against a reg istered student organization, student governing group, or University employee alleging a viola tion 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 regula tion as being inconsistent with the guidelines estab lished in this document. Such grievances should be filed in writing with the Vice President pursuant to the estab)ished procedure. A. Informal Resolution. Prior to filing a student grievance, the grievant should first attempt to resolve the grievance informally. Informal resolu tions may include involvement of the student orga nization's advisor or another University employee, or alternative forms of dispute resolution (e.g., restorative justice, mediation). B. Jurisdictional Findings. The Vice President shall review the grievance and forward it to the appro- priate hearing board to determine whether it has jurisdiction to hear the case. The hearing board shall then forward a copy of th~ri_evance to the respondent and invite a written r esp.onse. After considering all submitted information, the hearing board may: 1. Schedule a hearing. 2. Reject the request for lack of jurisdiction and provide a written explanation for that decision. 3. Invite all parties to meet with the hearing board for an informal discussion of the issues. Such a discussion shall not preclude a subse quent hearing. C. Hearing Procedures 1. At least five class days 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 hearing notice to challenge any hearing board members for cause. The standard the chair of the hear ing board 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 complain ant, respondent, or a witness, the challenged person would be able to hear the case fairly and impartially. If the challenge is to the chair of the hearing body, the challenge shall be decided by the Vice President. 3. The parties shall have two class days from receiving the hearing notice to provide the chair of the hearing body with the names of their witnesses and advisors, if such names are not already listed on the hearing notice. Both par ties 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. The chair of the hear ing body may grant or deny such a request. 5. The hearing shall be open unless the hearing body determines that the hearing should be closed to protect the confidentiality of informa tion. An open hearing is open to any member of the University community. The hearing body may close an open hearing at any time to maintain order or protect the confidentiality of information. 6. Both parties are expected to appear at the hear ing to present their cases. If appearance in person is not feasible , the hearing body may permit either party to present its case through other communication channels (phone, web cam, video conference, etc.). If the grievant 24 SPARTAN LIFE-2015 fails to appear, the hearing body may either postpone the hearing or dismiss the case. If the respondent fails to appear, the hearing body may either postpone the hearing or hear the case in the respondent's absence. The respon dent'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 com munity, unless the hearing board determines that non-members have direct knowledge of the matter at issue. Witnesses may be present in the hearing only when testifying. Wit nesses may submit written statements to the hearing body in lieu of testifying only with the written permission of the chair of the hearing body. Expert 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 by an advisor, who must be a member of the University community. The advisor may be present throughout the hearing but has no voice in the hearing unless the chair of the hearing body grants the advi sor permission to have a limited voice in the hearing. 5 e. Question any witness who appears at the hearing. 8. The hearing body shall determine whether the allegation has been supported by a preponder ance of the evidence. If the allegation is not supported by a preponderance of the evidence, the grievance shall be decided in favor of the respondent. If the allegation is supported by a preponderance of the evidence, the hearing body may impose one or more of the sanctions listed in Section D below. 9. The hearing body shall prepare a written report within five class days of the hearing. The report shall include the rationale for the hearing body's decision and notification of the right to appeal. The hearing body will send a copy of its report to both parties, who will be required to maintain the confidentiality of the document to the extent permissible by law. D. Sanctions and Other Actions 1. With respect to a registered student organization or student governing group: a. Warning: An official written statement expressing disapproval of the behavior and notifying the respondent it must not recur. b. Probation: An official written statement 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.· c. Revocation of privileges for a registered student organization or student governing group. d. Revocation of registration of a student orga nization. e. Completion of an educational program or an activity. f. A formal recommendation to the organization or group to correct the action, policy, or regu lation in question. 2. With respect to an employee: A formal recom mendation to the appropriate administrator to address the employee's action. 3. With respect to a University policy or regula tion: A formal recommendation to the appropri ate administrator to correct or revise the policy or regulation in question. E. Appeals. Either party may appeal the decision of the hearing board on the basis that (i) the infor mation presented does not support the decision reached by the hearing board, (ii) the information presented does not support the sanction imposed or recommended by the hearing board, or (iii) 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 held in abeyance while 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 (i) 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 (ii) a regulation or administrative decision allegedly threatens immediate and irreparable harm through infringement of rights defined by this document. 2. Upon receipt of such a request, the relevant hearing board shall conduct a preliminary review to determine whether a temporary restraining action is appropriate. This review should include opportunity for both the griev ant 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 qature and potential extent of irreparable harm and other alternatives to rem edy the situation. The review shall not preclude, render irrelevant, or predetermine the outcome 5 The chair shall normally grant permission for a student representative from the undergraduate student defender program to have voice in the hearing. Student Handbook and Resource Guide 25 of the ultimate decision 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 griev ance 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 BOARD STRUCTURES This Article describes the composition and jurisdiction of all academic hearing boards th~t hear cases involving undergraduate students. Academic hearing boards that hear cases involving graduate students are described in the Graduate Student Rights & Responsibilities document. Academic hearing boards that hear cases involving medi cal students are described in the Medical Student Rights & Responsibilities document. Non-academic hearing boards are described in Article 4 of this document. I. Composition of Hearing Boards A. Pool of potential Hearing Board members. The three hearing boards described in this Article (University Academic Grievance Hearing Board, University Academic Integrity Hearing Board, and the University Academic Appeal Board) will all draw their members from the same pool of poten tial hearing board members. This pool will consist of three faculty members from each college and three undergraduate students nominated from each college that offers undergraduate courses. B. Composition. The senior faculty member on the University Academic Grievance Hearing Board, the University Academic Integrity Hearing Board, and the University Academic Appeal Board shall act as the chair of that hearing board. The chair shall serve without vote, except in the event of a tie. In addition to the chair, each Board will consist of an equal number (no fewer than two) of vot- ing undergraduate students and faculty members. All members of the board shall be drawn from the pool of potential hearing board members. Members of the pool not selected to serve on a hearing board shall serve as alternates. Board composition is specified in the relevant code of operations for each board. C. Terms of Office. Pool members (faculty and stu dents) shall be nominated no later than the middle of Spring Semester for terms of one calendar year, beginning at the start of Summer Semes- ter and ending at the end of the following Spring Semester. Colleges can opt to appoint faculty to two-year terms. In the event that colleges are late to nominate pool members, currently serving pool members will extend their service yntil a replace ment is nominated. The specifiC li~aring board pro cedures shall include provisions for filling vacan cies, including provisions-for appointments on an interim basis during Summer Semester. Members can serve up to three consecutive terms, not to exceed four consecutive years. II. University Academic Grievance Hearing Board A. Jurisdiction. The University Academic Grievance Hearing Board shall have initial jurisdiction over student academic grievances alleging violations of student academic rights (see Article 2). B. Decisions. The University Academic Grievance Hearing Board may direct the appropriate adminis trator to implement whatever redress it considers appropriate to the specific case. C. Appeals. Decisions of the University Academic Grievance Hearing Board may be appealed to the University Academic Appeal Board. III. University Academic Integrity Hearing Board A. Jurisdiction . The University Academic Integrity Hearing Board shall have jurisdiction over aca demic grievances brought by a student to contest a charge of academic misconduct or the severity of the penalty grade imposed by an instructor. The University Academic Integrity Hearing Board shall also have jurisdiction over academic disciplinary hearings involving academic misconduct. B. Decisions. The University Academic Integrity Hearing Board may accept or reject the recom mended sanction of the college, or may impose a lesser sanction than recommended by the college, chosen from Article 7, Section VI. C. 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 (i) decisions by the University Academic Integrity Hearing Board, and (ii) decisions by the University Academic Grievance Hearing Board. B. Decisions. If the University Academic Appeal Board agrees to hear an appeal of an academic disciplinary or academic grievance decision, the Board may accept or reject the decision or reduce the sanction imposed by the University Academic Integrity Hearing Board or the University Academic Grievance Hearing Board. C. Appeals. All decisions of the University Academic Appeal Board may be appealed in writing to the Provost within 10 class days of the Appeal Board decision . The Provost may affirm or reverse the decision, reduce the sanction imposed, or direct that the case be reheard. 26 SPARTAN LIFE-2015 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 influence, are not always subject to its control. I. Academic Grievances A. For the purposes of this Article, a grievance is an allegation filed by a student against a faculty or staff member within the time periods set forth in Section III.C below. B. A grievance may (i) allege a violation of any of the academic rights of students under this docu ment, (ii) challenge an academic evaluation on the grounds that the evaluation was based entirely or in part upon factors other than a good faith judgment of the student's academic performance, including compliance with applicable professional standards, or (iii) contest a penalty grade or other disciplinary sanctions (e.g., written assignments) based on a charge of academic misconduct. 6 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 per formance, that judgment is presumed to be made in good faith and the grievant bears the burden of proving the contrary, with the exception of allega tions of academic misconduct. In those cases, the instructor or committee 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 community against a student within the time peri ods set forth in Section III.C below. B. A complaint may allege academic dishonesty, vio lation of professional standards, or falsification of academic or admissions records ("academic mis conduct"). 7 (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 instructor 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. A grievance hearing wi'll not be scheduled until a good-faith effort to resolve the issue informally has been made. 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 Dean of Undergraduate Studies. In cases of ambiguous jurisdiction, the appropriate hearing board will be selected by the Dean of Undergraduate Studies. Anonymous grievances will not be accepted. 1. Student's name and PID; 2. Student's local address, phone number, and email address; 3. A detailed explanation of the facts underlying the grievance; 4. The name of the instructor against whom the grievance is being filed and (where appropriate) the title and number of the course; 5. The date the problem arose; 6. The redress sought to rectify the grievance. C. Grievances must be filed not later than the middle of the semester (including summer semester) fol lowing the one in which the problem that is the basis for the grievance first occurred. The middle of the semester is calculated by the Registrar 's Office and published on the Academic Calendar. Grievances that are not filed by the deadline will not be accepted. If either party to a grievance is absent from the University during that semester, or if other appropriate reasons exist, an exception to this time limit may be granted by the Dean of Undergraduate Studies. Exceptions will be granted rarely. 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 or the Dean of Undergraduate Studies. IV. Judicial Procedures A. The Dean of Undergraduate Studies shall estab lish hearing board procedures consistent with this document. A copy of these procedures shall be filed with the Office of the Ombudsperson. These hearing procedures shall be reviewed at regular intervals not to exceed five years. B. Members of the hearing board pool must receive training as deemed appropriate by the Dean of Undergraduate Studies before they can serve on any of the hearing boards described in this section. Delivery of this training shall be the responsibility of the Dean of Undergraduate Studies. 6 Instructors and deans seeking sanctions for academic dishonesty other than, or in addition to, penalty grades must file a complaint under Section II.B of this Article. 7 Allegations of falsification 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. The Dean of Undergraduate Studies or the Dean of Graduate Studies (as appropriate) may decide whether to rescind an applicant's admission because of falsification of admissions materials. Such a decision may be appealed to the Provost within ten calendar days of tbe decision. Allegations of falsification ofrecords submitted by a current student for admission to a school, college, or program are bandied through the academic disciplinary process as allegations of academic misconduct. Student Handbook and Resource Guide 27 C. The adjudication of grievances and complaints should proceed in a timely manner, as described below. 1. Within five class days of its receipt, the Dean of Undergraduate Studies shall forward a copy of the request for a complaint/grievance hear ing to the hearing board members and to the respondent. 2. The Dean of Undergraduate Studies shall , take necessary precautions to avoid any conflict of interest on the part of the hearing board 's members. The Dean of Undergradu ate Studies must promptly 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 Dean of Undergraduate Studies seeking .to remove any member of the hearing board for cause. The challenge must explain the cause for removing the hearing board member. 8 3. The Dean of Undergraduate Studies shall rule promptly on any, challenge, replace any removed hearing board member from the pool of hearing board alternates, and promptly for ward the name of the new hearing board mem ber 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 submit ted documents, the hearing board shall: a. Accept the request, in whole or in part, and schedule a hearing. b. Reject the request ifthe written complaint/ grievance does not contain the information required in Section IIl.B above. 5. At least five class days prior to the hearing, the Dean of Undergraduate Studies 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 before the hear- ing, the parties shall provide the Dean of Undergraduate Studies with the names of their witnesses (if any) and advisor (if any). The Dean of Undergraduate Studies shall forward this information to both parties before 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, that the chair of the hearing board postpone the hearing. The chair may~~nt 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 chan nels (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 hear ing, in person or through another communica tion channel, the hearing board may postpone the hearing if an acceptable excuse for the absence has been offered, or hear the case in the absence of the respondent. Should the grievant/complainant fail to appear at a sched uled hearing, in person or through another communication channel, the hearing board may postpone the hearing if an acceptable excuse for the absence has been offered, or 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 an advisor who must be a member of the University community. The respondent may be accompanied to the hear ing by an attorney who is not a member of the University community 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 sub ject 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 or advisor a limited voice. 9 15. Witnesses must be members of the University 8 The standard to be used in ruling on challenges is whether, in light of the challenged person 's knowledge of the case or personal or pro fessional relationships with a party or witness, the challenged person would be able to fairly and impartially hear the case. 9 The chair shall normally grant permission for a student representative from the undergraduate student defender program to have voice in the hearing. 28 SPARTAN LIFE-20 15 community, unless the hearing board deter mines that they have direct knowledge of the matter at issue. Witnesses may be present in the hearing only when testifying. Expert wit nesses are generally not allowed. 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 questions 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. D. The hearing board shall render a decision and prepare a written report of its findings and support ing rationale. The hearing body shall determine whether each allegation has been supported by a preponderance of the evidence. As part of its deci sion, the hearing board shall determine what, if any, redress or sanction should be implemented by the appropriate unit administrator (normally, the head of the unit in which the problem occurred). The chair of the hearing board shall forward copies of the report to the Dean of Undergraduate Studies who then forwards it to the parties and the appro priate unit administrator within three class days of the hearing. E. Upon receipt of the hearing board's report, the appropriate unit administrator shall implement the redress or sanction (other than recess or dismissal from the University) within five class days. 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 sanc tions imposed will be held in abeyance while the appeal is pending. F. Either party to a hearing may request reconsidera tion of a hearing board's recommendation within 30 days of the hearing board's decision on the basis that new evidence has arisen. G. At any time during the grievance/complaint hear ing process, the parties may consult with the Office of the Om buds person. 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 disciplinary hearing, the complaint will be for warded to the Dean of Undergraduate Studies. B. Upon receiving a complaint, the Dean of Undergraduate Studies shall promptly notify the student in writing that he or she has been accused of academic misconduct and that the student's dean has requested an academic disciplinary hear ing. The student shall be required to meet with the Dean of Undergraduate Studies to discuss the alleged academic misconduct and review the aca demic disciplinary hearing process. The Dean of Undergraduate Studies also will inform the student of his or her right to contest the allegation before the University Academic Integrity Hearing Board as part of the academic disciplinary hearin_g pro cess. C. The student shall have ten class days to request an academic grievance hearing to contest an allega tion of academic misconduct, including a pen alty grade. If the University Academic Integrity Hearing Board and any subsequent appeals deter mine that the student did not commit academic misconduct, the student will not face any addi tional sanctions based on that charge. D. In cases in which the student's dean has requested an academic disciplinary hearing for a complaint involving the violation of academic misconduct, the Dean of Undergraduate Studies will meet with the student to review the academic disci plinary process. At that meeting, the Dean of Undergraduate Studies will discuss the allegations and ask the student to select either a hearing con ducted by the Dean of Undergraduate Studies or by the University Academic Integrity Hearing Board. If the student chooses to have a Board hearing, the Dean of Undergraduate Studies will forward the complaint to the chair of the University Academic Integrity Hearing Board. If the student requests a hearing with the Dean of Undergraduate Studies, the Dean of Undergraduate Studies will proceed with the hearing. E. A student who admits his/her academic misconduct to the Dean of Undergraduate Studies waives the right to a hearing to contest the allegation. In such a situation, the Dean of Undergraduate Studies shall impose an appropriate redress or sanction for the academic misconduct. The student may appeal the appropriateness of the sanction/redress imposed to the University Academic Appeal Board. F. If a student fails to meet with the Dean of Undergraduate Studies when so required by this Article, the academic misconduct complaint will be referred to the University Academic Integrity Hearing Board. (See also Integrity of Scholarship and Grades Policy and General Student Regulation 1. 00: Protection of Scholarship and Grades.) VI. Sanctions for Academic Misconduct The academic disciplinary sanctions imposed on a student should be based on a consideration of all circumstances in a particular case, including the stu dent's prior record of academic misconduct, if any. In addition to any penalty grades assessed by the instruc tor, such sanctions may include one or 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 establish ing a period of time for observing and evaluating a student's conduct and indicating that further aca demic misconduct may result in more severe disci- Student Handbook and Resource Guide 29 plinary action. This probation may be accompanied by stipulations, including, but not limited to, resti tution, participation in an educational program, or the loss of specified privileges. C. 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. D. Disenrollment from a course: If a complaint is based on disruptive behavior in a specific class, the hearing body may recommend to the Provost that the student be disenrolled from that course. E. Recess: A recess is temporary removal from the University or a department, school, or college for a particular period of time, at the conclusion of which the student is eligible to apply for readmis- . sion. A recess may also be a conditional recess, in which case the student must demonstrate that he/ she has fulfilled stated conditions prior to applying for readmission. Only the Dean of Undergraduate Studies may impose the sanction of recess from the University. Only the dean of the relevant col lege may impose the sanction of recess from a school/college. F. Dismissal: A dismissal is a removal from the University or a department/school and col- lege. Only the Dean of Undergraduate Studies may impose the sanctions of dismissal from the University. Only the dean of the relevant col- lege may impose the sanction of dismissal from a school/college. Dismissal does not preclude appli cation for readmission. G. Other: The student may be required to complete an educational program or activity or comply with the reasonable conditions of a behavioral contract. IO VII.Appeals to the University Academic Appeal Board A. Appeals must be filed with the Dean of Undergraduate Studies within five class days fol lowing the date of the hearing board's decision and may challenge the substance of the decision and/or the procedures employed in the adjudication. Any redress or sanctions imposed will be held in abey ance while the appeal is pending. B. Appeals must be in writing and signed by the party filing the appeal and must specify the basis for appeal in sufficient detail to justify further pro ceedings. Presentation of new evidence will nor mally be inappropriate at an appeal hearing, unless it constitutes new information. C. The Dean of Undergraduate Studies shall take nec essary precautions to avoid any conflict of interest on the part of the University Academic Appeal Board's members. The Dean of Undergraduate Studies 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. D. The Chair of the University Academic Appeal Board shall review the appeal and forward a copy of the appeal to the other party_ ang invite a writ ten response. After considering tfi~ appeal and response, the Board may: 1. Decide that it does not:Jiave jurisdiction and let the decision of the initial hearing board stand; 2. Direct the initial hearing board to rehear the case 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 decides the case in favor of the grievant and redress is possible, it shall recommend that redress be provided. The relevant academic dean, after reviewing the decision of the appeal board, shall implement the redress. F. The University Academic; Appeal Board shall issue findings and recommendations in a written report that includes its supporting rationale within ten class days of the appeal hearing. The appeal board may accept or reject the decision of the hearing board or reduce the sanction imposed by the hear ing board. Copies of this report shall be provided to the Dean of Undergraduate Studies, who will forward the report to both parties and the relevant academic dean. ARTICLE 8 REGULATIONS, POLICIES, AND RULINGS The University community's expectations for student and group conduct which hold the potential for disciplinary ac tion shall be promulgated as General Student Regulations, Student Group Regulations, Living Group Regulations, and All-University Policies as defined herein. Administrative decisions which mediate the fl.ow of services and privileges in the operation of the University are Administrative Rul ings. All regulations, policies, and rulings promulgated by the University 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 successful operation of the institution. Such regulations shall apply to all stu dents, regardless of class level, place of residence, or group affiliation, as well as to all governing bodies, governing groups, living groups, and regis tered student organizations. B. Any governing body, governing group, living group, or registered student organization or any individual member of the University community may propose amendments to the General Student Regulations by submitting that proposal to the UCSA. The UCSA may also propose amendments to the General Student Regulations. IO An academic dean may request additional sanctions only in accordance with the Integrity of Scholarships and Grades Policy. 30 SPARTAN LIFE-2015 C. Proposals submitted to the UCSA may be approved or rejected. If rejected, the UCSA shall forward a written explanation to the initiator of the proposal. The explanation may include suggestions for modification of the proposal. If approved, the UCSA shall forward the proposal to the University Council. D. The University Council may approve or reject the proposal. If the University Council rejects the pro posal, a written explanation of the rejection shall be forwarded to the UCSA. The written explana tion may include suggestions for modification of the proposal. If the proposal is approved, the University 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 explanation of the rejection shall be forwarded to the UCSA. The written explanation may include suggestions for modification 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 regula tions established within the University community to govern the conduct of the constituent members of a governing body or a governing group and the activities of living groups and registered student organizations under a governing body or governing group's jurisdiction. Such Regulations shall apply only to the students, bodies, groups, and organiza tions specified by the Regulations. B. Any constituent member of a governing body or governing group or any living group or regis tered student organization under its jurisdiction may propose amendments to the Student Group Regulations by submitting that proposal to the governing body or group with the appropriate legislative authority. A governing body or govern ing group may also propose amendments to the General Student Regulations. C. Proposals submitted to the appropriate student governing body (ASMSU or COGS) may be approved or rejected. If rejected, the student gov erning 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 UCSA. D. The UCSA 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 modification of the proposal. If approved, the proposal shall be forwarded to the Vice President. E. The Vice President may approve or reject the pro posal. If the Vice President rejects the proposal, a written explanation of the rejection shall be for warded to the UCSA. 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 be those regu lations established within the University com munity to govern 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 residence, 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 or rejected. If rejected, the living group shall forward a written explanation to the initia tor of the proposal. The explanation may include suggestions for modification of the proposal. If approved, the living group shall forward the pro posal to the appropriate student governing body. D. The student governing body may approve or reject the proposal. If rejected, the student governing body shall forward a written explanation to the initiator of the proposal. If approved, the student governing body shall forward the proposal to the UCSA. E. The UCSA may approve or reject the proposal. If rejected, the UCSA shall forward a written expla nation to the appropriate student governing body. The explanation may include suggestions for mod ification of the proposal. If approved, the proposal shall be forwarded to the Vice President. F. The Vice President may approve or reject the pro posal. If the Vice President rejects the proposal, a written explanation of the rejection shall be for warded to the UCSA. 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 estab lished within the University community to define and prescribe broad areas of institutional con cern. Such policies shall apply 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 discussion and endorsement or as the result of a recommendation by an administrative unit or committee. It is the expectation that the appropri ate academic governance bodies will be provided with an opportunity 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. Student Handbook and Resource Guide 31 V. Administrative Rulings II. General Guidelines A. Administrative Rulings shall be those policies, procedures, and practices established to implement the functions of the University's various adminis trative units. Such Rulings shall apply to the indi viduals, groups, and organizations specified by the Rulings. The various administrative units are del egated 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 rel evant academic governance bodies. The process shall reflect concern 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 shat! determine whether the alleged noncompliance may violate a General · Student Regulation, Student Group Regulation, or Living Group Regulation, or an All University Policy. If so, the administrator may refer the student 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, 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, at least in part, by students and that are not funded by the administra tive units of the University. Independent student publications are typically publications of student living units, governing groups, registered student organizations, or student groups. B. University-supported student publications: Publications that receive funding from administra tive units of the University. A. Students and student groups shall have maximum freedom to express opinions aqp._cjlmmunicate ideas by preparing and distributing-independent student publications. B. The University shall neither authorize nor prohibit the solicitation of advertising by an independent student publication. C. Administrative units may provide advice and coun sel, but all University-supported student publica tions 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. A University-funded publication should identify the campus unit responsible for its preparation and distribution. F. Regulations governing distribution of publications shall apply equally to all publications. G. Each on-campus living unit shall decide what poli cies shall be formulated for distribution of publica tions within that living unit. H. For buildings other than organized living units, the Secretary of the Board of Trustees and the all-Uni versity student governing bodies, after consultation with the administrative, faculty, and student occu pants of the building, shall determine designated places for the distribution of publications. I. Publications may be distributed in living units, classroom 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 limitations as are necessary to prevent interference with scheduled University activities. J. Publications shall be permitted outside campus buildings, subject only to such limitations as are necessary to prevent interference with the use of streets, sidewalks, and building entrances 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 distribu tion within campus buildings. L. Any regulations necessary to implement these guidelines shall be developed in accordance with Article 8 of this document. ARTICLE 10 OFFICE OF THE OMBUDSPERSON I. The President shall appoint a senior faculty member or executive manager with the title of University Ombudsperson. The ombudsperson shall respect the sensitive and confidential nature of the position and the privacy of all persons soliciting assistance from the Office of the Ombudsperson, thereby protecting them 32 SPARTAN LIFE-2015 against retaliation. The Ombudsperson's functions shall include the following charges: A. The Ombudsperson shall establish simple, orderly procedures for receiving requests, complaints, and grievances from students. B. The Ombudsperson 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 Ombudsperson may also assist the student in obtaining an informal settlement of the student's problem. II. The Ombudsperson shall have broad investigatory powers and direct and ready access to all University officials, including the President. III. When necessary, the Ombudsperson shall report directly to the President valid complaints for which no remedy has been found. The Ombudsperson shall also report any recommendations regarding such com plaints. IV. The Ombudsperson shall make periodic reports to the President regarding the operation of the Office of the Ombudsperson. ARTICLE 11 DEFINITIONS AND ACRONYMS For the purposes of this document, the following definitions shall apply: Academic Disciplinary Case: A case brought against a student accused of academic misconduct involving sanc tions other than or in addition to a penalty grade. Academic Misconduct: Instances of academic dishonesty, violations of professional standards, and falsification of academic records or records for admission to a department, school, or college. See also General Student Regulation 1.00, Scholarship and Grades, integrity of Scholarships and Grades Policy. Administrators: University employees who manage Uni versity budgets, direct work units, or formulate, evaluate, and/or administer 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. ASMSU/Associated Students of Michigan State Univer sity: All-University undergraduate student governing body. Associate Provost: Associate Provost for Undergraduate Education of Michigan State University or the Associate Provost's designee. 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. COGS/Council of Graduate Students: All-University graduate student governing body. Complainant: A member of the University community who initiates a proceeding against a student under this document. Complaint: An allegation of a violation of a University regulation, ordinance, or policy filed by a member of the University community against a student. Dean of Graduate Studies: Dean of Graduate Studies of Michigan State University or the Graduate Dean's designee. Dean of Undergraduate Studies: Dean of Undergraduate Studies of Michigan State University or the Undergraduate Dean's designee. Direct discussion: Conversation in person, by phone, email, or other communication medium. Faculty: All persons appointed by the University to the rank of professor, associate professor, assistant professor, or instructor, all persons appointed by the University as librar ians, and all other University employees with approved titles in the academic personnel system whose duties involve instructional activities. Falsification of Admission or Academic Records: Falsifi cation of any record submitted for admission to the Univer sity or an academic 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., colleges, departments, and schools). Good Cause: Reasons including, but not limited to, circumstances 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. Grievance: An allegation of rights violation, filed by a student, against a member of the University community. Grievant: A student who initiates a proceeding agains a member of the University community under this document. Hearing Body: A hearing administrator or duly constituted judiciary as described in this document. Jurisdiction: Official authority to make decisions and judgments under conditions specified herein (e.g., permis sible bases for appeal, adherence to stated deadlines). Living Group: A campus residence hall or residential complex, 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 athough 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 Regula tion, University ordinance, or University policy. Office of the Provost: The Provost of Michigan State Uni versity or the Provost's designee. Ombudsperson: The University Ombudsperson, a senior faculty member or executive manager who assists members of the MSU community in resolving complaints or con- Student Handbook and Resource Guide 33 cerns confidentially, informally, impartially, and indepen dently. 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. President: The President of Michigan State University or the President's designee. Professional Standards: Codes of expected professional conduct, sometimes referred to as honor codes. Provost: The Provost of Michigan State University, the Of fice of the Provost, or a designee of the Provost. Respondent: An individual or group against whom or , which a complaint or grievance is filed. RHA/Residence Halls Association: The residence halls governing body. Semester Start Date: The first date in the semester on which the University opens its residence halls to student residents. -, Staff: Employees of the University other than administra tors or faq1lty. Student: An individual is considered a student from the Semester Start Date of the first term for which the indi vidual has enrolled until graduation, recess, dismissal, or withdrawal from the University or he/she fails to register for more than one consecutive semester. UACOR: University Apartments Council of Residents. UCSA: University Committee on Student Affairs. Undergraduate: A student enrolled in a program leading to a bachelor's degree or in an undergraduate non-degree program, including Lifelong Education. University Community: All University students, Trustees, administrators, faculty, and staff. Voice (limited voice): Authority to speak (authority to speak if and when granted by a hearing-body). Vice President: Vice President for Student Affairs and Ser vices of Michigan State University or the Vice President's designee . Written/in writing: In paper or electronic form. 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 amendments to this document by forwarding them to the University Committee on Student Affairs. III. The University Committee on Student Affairs shall review any such proposals. It may approve, reject, or amend the proposal. IV. V. 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 offe~c~ it. If either ASMSU or COGS rejects the proposal, it shall submit a written explaJJation of the rejection to the University Committee on Student Affairs. This explanation may include suggestions for alteration of the proposal. 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 University Council. VII. The University 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 University Council shall return the pro posal to the University Committee on Student Affairs, ASMSU, and COGS, along with a written explanation for the rejection. This explanation may include sug gestions for alteration of the proposal. If it approves the proposal, the University Council shall forward the proposal to the President who shall submit it to the Board of Trustees for action. VIII.The Board of Trustees shall review the proposal. If the Board rejects the proposal, the Board shall return the proposal to University Council with an explana tion. If the Board approves the proposal, the amend ment shall take immediate effect, unless the Board specifies another effective date. IX. The University community shall be promptly informed of all action taken on proposed amendments to this document. HISTORY OF APPROVAL ORIGINAL DOCUMENT Academic Council Academic Senate Board of Trustees January 10, 1967 February 28, 1967 March 16, 1967 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 UCSA ASMSU June 18, 1971 July 1, 197 1 June 24, 1977 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, 20 10 February 7, 2014 February 20, 20 14 34 SPARTAN LIFE-2015 COGS University Council Board of Trustees March 12, 2014 April 22, 2014 June 20, 2014 Student Handbook and Resource Guide 35 ~- - GSRR Graduate Student Rights and Responsibilities Academic Rights and Responsibilities for Graduate Students ARTICLE 2: ARTICLE 3: Student Records at Michigan State University ARTICLE4: Graduate Student Support ARTICLE 5: Adjudication of Cases Involving Graduate Student Rights and Responsibilities ARTICLE 6: Academic Governance ARTICLE 7: Procedure for Amending and Revising This Document ARTICLE 8: Definitions HISTORY OF APPROVAL Medical Student Rights and Responsibilities (MSSR) This document provides the framework for gradu- ARTICLE 1: ate student rights and responsibilities within the university, specifically regarding student con- duct, academic pursuits, keeping of records, and employment. It 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 channels and procedures for student complaints and grievances. The term "graduate assistant" referred to in the GSRR, Article 4, refers to graduate assistants who are not covered by the Graduate Employees Union (GEU) collective bargaining contract. Graduate teaching assistants in the GEU are covered by the GEU contract; not by the provisions in Article 4. Student Handbook and Resource Guide 37 GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES AT MICHIGAN STATE UNIVERSITY ARTICLE 1 GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES AT MICHIGAN STATE IJNIVERSITY 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 condition for the achieve ment of these purposes is freedom of expression and communication. Without this freedom, effective sift ing and testing of ideas cease, and research, teach- ing, 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 tyr anny. Both anarchy and tyranny are antithetical to the purposes and necessities of the University. Therefore, the University always must strive to strike that bal ance 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. 1.2 Each right of an individual places a reciprocal respon 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 graduate 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 processes of the University. 1.3 Regulations governing the activities and conduct of graduate students individually or collectively should not be comprehensive codes of desirable conduct; rather, they should be limited to the prescription of procedures for meeting the practical, routine necessi ties 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 academic community, 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 may not deny. The enforcement of the graduate student's duties to the larger society is, however, the responsibility of the legal and judicial authorities duly established for that purpose. 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 students shall participate in formulating and revising 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. 1.5.4 Every regulation shall be as brief, clear, and specific 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 circumstances of time, place, and means appro priate 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 regulations shall be designed for guidance or correction of behavior only. 1.5.8 Penalties shall be commensurate with the seri ousness of the offense. Repeated violations may justify increasingly severe penalties. 1.5.9 There shall be clearly defined channels and pro cedures for the appeal and review of: a. The finding of a violation of a regulation. b. The reasonableness, under the circumstances, of the penalty imposed for a specific viola tion. c. The substance of a regulation or administra tive decision that is alleged to be inconsistent with the guidelines in this document. d. The lack of adherence to the applicable pro cedures in the adjudication. 38 SPARTAN LIFE-2015 1.5.lOEvery regulation shall specify to whom it 2.3 Rights and Responsibilities of the Graduate applies and whether responsibility for compli ance lies with graduate students either individu ally or collectively. 1.6 A handbook of the University's current regulations and structures relating to student rights and responsibilities shall be made available to every member of the aca demic community. ARTICLE 2 ACADEMIC RIGHTS AND RESPONSIBILITIES FOR GRADUATE STUDENTS 2.1 Preamble 2.1.1 The establishment and maintenance of the prop er relationship between instructor and student are fundamental to the University's function and require both instructor and student to recognize the rights and responsibilities that derive from it. The relationship between instructor and stu dent as individuals should be founded on mutual respect and understanding together with shared dedication 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 pro vide appropriate and clearly defined channels for the receipt and consideration of graduate student complaints concerning instruction. In no instance shall the competence of instruc tion 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 judg ment 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 per formance to be reassessed and good faith evalu ation established. (See also Sections 2.3 .10, 2.4.8, and Article 5.) Student 2.3.1 In all areas of graduate education, faculty and students shall comply with the MSU Anti Discrimination Policy. 2.3.2 The graduate student has a right to be gov erned by written academic regulations. The graduate student has a right to accurate, timely, and clearly stated information concerning the general academic requirements for establish ing and maintaining an acceptable academic standing, the graduate student's academic rela tionship with the University, and the details of any special conditions that may apply. Requirements for the student's academic pro gram and written academic regulations, includ ing codes of professional behavior, shall be made known and made available by the admin istering unit at the time of the student's first enrollment. Graduate students are responsible for informing themselves of University, col lege, 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 their academic advisers and guidance commit tees. 2.3.3 The graduate student, regardless of degree program, has a right to recieve accurate infor mation. Faculty will strive to provide the best advice possible concerning program planning, research, professional expectations, 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 stu dents shall be provided access to and/or a copy of these records upon request. 2.3.5 The graduate student shall be free to take reasoned 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 faculty and for adhering to standards of profes sional behavior established by the faculty. 2.3.9 The graduate student has a right to academic evaluations that represent good faith judgments Student Handbook and Resource Guide 39 of performance by course instructors and guid ance committees. Course grades shall represent the instructor's professional and objective eval uation of the graduate student's academic per formance. The graduate student shall have the right to know all course requirements, including grading criteria and procedures, at the beginning of the course. (See also the Code of Teaching Responsibility.) 2.3.lOThe graduate student has a right to protection against improper disclosure of information concerning 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 relationships based on mutual trust and civility. 2.3.12 Graduate students have a right to be protected from personal exploitation and to receive recog nition 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 proce dures. 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 unit 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 semes ters beyond the master's degree or its equivalent. Within one semester after the committee is formed, the chairper son 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 student. This guidance committee report, as changed or amend ed in full consultation between the grad uate student and the committee and as approved by the appropriate 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 com mittee has the responsi~ility to meet periodically to overSfe t he_graduate stu dent's progress as long- as the graduate student contin_~s in good standing. Any desired or required changes in the mem bership of the guidance committee may be made by the graduate student with the concurrence of the unit chairperson/ director or designated 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 concur rence of the graduate student, may form a thesis/dissertation committee to super sede or supplement the guidance com mittee. Committee or thesis/dissertation chairpersons on leave shall provide for the necessary guidance of their advisees 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 candi dates seeking advanced degrees shall be made known to the graduate student at the time of first enrollment. Application for extension shall be submitted to the department/school and transmitted for approval by the dean of the col lege. 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 the- sis (or its equivalent) shall be defined by the department/school or college and the guidance or dissertation committee according to the pro fessional and scholarly research standards of the discipline. The department/school or college shall specify in advance the acceptable style and form of the dissertation or thesis in accor dance with The Graduate School Guide to the Preparation of Masters Theses and Doctoral Dissertations. 2.4.6.1 Standards for formatting, duplicating and binding of dissertations and theses - as well as the stipulations covering abstracts, numbers of copies, dates and deadlines for acceptance, and regula tions for microfilming and publication shall be established and published by The Graduate School. 40 SPARTAN LIFE-20 15 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 in a degree program or in a course in the unit, any specific codes of pro fessional and academic standards covering the conduct expected of them. 2.4.8 Evaluation. Graduate students have a right to periodic evaluations to assess their academic progress, performance, and professional poten tial. 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 gradu ate students and the faculty. Written evaluations shall be communicated to the graduate student at least once a year, and a copy of such evalu ations 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 graduate student's progress or perfor mance is unsatisfactory, the student shall be notified 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 graduate student shall be informed in writing in a timely manner, and a copy of the notice shall be placed in the student's academic file . 2.4.9 Dismissals and Withdrawals. Each department/ 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 manner. All infor mation regarding the decision is to be held in strict confidence 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 stu dent involved unless the decision becomes the substance for a grievance procedure, in which case such information shall be released to the grievance committee. All records and informa tion created under this article shall be released only in accordance with the University's pub lished policies governing 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 abey ance, pending completion of the stipulated con ditions, these conditions must be communicated in writing in a timely manner to the student. 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 respon sible for establishing orientation and iri~service training programs for all graduate students in teaching roles. Such programs shall include an introduction to course goals, grading criteria and practice, 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 pro grams. 2.5.2 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 stu dents shall use, where applicable, confidential instructional 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 evalua- tion of each of the graduate students in teaching roles. After notifying the graduate student, appropriate members of the college/department/school should visit and observe the student's teaching in the instructional setting, and informa tion from these visits and observations should be used in the evaluation. 2.5.2.2 The graduate student instructional rating reports (or summaries thereof), formal written evaluations, and any supple mentary 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 gradu- ate 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 anony mous. 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, recommendations, and the need for fur ther training. 2.5.2.4 An evaluation of teaching shall be given to the graduate student who has a teach ing role at least once each year. (See also 2.4.8) Student Handbook and Resource Guide 41 ARTICLE 3 STUDENT RECORDS AT MICHIGAN STATE UNIVERSITY 3.1 Achieving educational goals, providing direction to graduate 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 graduate 'stu dent 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 maintenance and release of, graduate student records shall conform to the University's published guidelines. (See the MSU Access to Student Information policy: http://www. reg. msit. edu/ AcademicPrograms/Text. asp?Section= l l 2#s542). 3.2.1 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 graduate student's knowledge and 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., con fidential letters of recommendation). Student educational records include official transcripts, student disciplinary records, and records regard ing academic performance. Students shall have the right to provide a written explanation for documents in their files. The explanation shall be included in the graduate student's educational records file. 3.2.4 All policies and practices dealing with the acquisition and dissemination of information in graduate student records shall be formulated with due regard for the graduate student's right to privacy and access. 3.2.5 All graduate student educational records used to make determinations of progress in the graduate student's academic program or employoment shall include a notation of the name of the per son who supplied the information and the date of its entry, where practical, with the exception of central, Student Information System records. 3.2.6 Confidential records shall be responsibly han dled. 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 permitted or specified by law, may have access to the record 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 1~ an appropriate manner and shall be subject to judicial review as provided in Article . .5.. 3.2.8.1 These policies and practices shall con form to current federal and State law. In addition, 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 covered by the Graduate Employees Union collective bargaining ,contract. Employment policies and the issues that are encompassed by 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, scholarship and/or grant recipi en ts 4.2 Graduate Assistants 4.2.1 Graduate assistants are graduate students cur rently enrolled in degree programs who are appointed through established University pro cedures and in accordance with University poli cies governing graduate assistantships. Duties assigned to graduate assistants may include (but are not limited to) classroom instruction, student advising, writing supervision, reading of papers and examinations, and research . The responsi bilities delegated to a graduate assistant must be performed under the supervision of an appropri ate faculty member or administrator. 4.2.2 With the participation of graduate student repre sentatives, 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/or continuing grad- uate assistantships c. stipends (see 4.2.4) d. stipend advancement and promotion e. tax status of stipends (according to IRS poli cy) f. procedures for evaluating performance (see also 2.5.2-2.5.2.4) g. length of term of appointment, including continuance and renewal of graduate assis tantships 42 SPARTAN LIFE-20 15 h. work load, duties, and vacation schedules i. grievance procedures 4.2.3 By April 15th of each calendar year, units shall advise each graduate assistant in writing of one (or more) of the following: (a) the assistantship will be renewed for the following academic year or a portion thereof; (b) the assistantship will be renewed provided the assistant is able to meet certain specified conditions; ( c) the assistantship will be renewed provided the unit is able to meet certain specified conditions; (d) the assistantship will not be renewed for the following academic year. If the assistantship is not renewed, the reasons shall be indicated. When citing (b) above, the unit shall include the date by which the student must satisfacto rily complete the specified criteria and the date by which the unit will notify the student about its decision to renew the assistantship for the appropriate semester(s). When citing (c) above, the unit shall include the date by which it will notify the student about its decision to renew the assistantship for the appropriate semester(s). Evaluative judgments about students should be communicated in accordance with guidelines in 2.4.8. (See all Sections 2.5.2-2.5.2.4.) 4.2.4 The Office of the Provost shall establish a cam pus-wide policy for graduate assistant stipends, taking into account (a) the amount of stipend adequate in relation to the current cost of liv ing, (b) the need to be competitive with other universities, and ( c) the availability ofresources for graduate assistant stipends. (The Office of the Provost shall consult with the Dean of The Graduate School and the University Committe on Graduate Studies on graduate assistant sti pend levels.) 4.2.5 Graduate assistants are entitled to all benefits normally accorded to full-time graduate stu dents, except as specified under policies estab lished in accordance with 4.2.7. 4.2.6 All graduate assistants are entitled to such clerical-secretarial help and supplies as are com mensurate with their assigned responsibilities and the resources of the unit. 4.2.7 The Office of the Provost, in consultation with the Dean of the Graduate School and the University Committee on Graduate Studies and other appropriate, duly authorized authorities, shall review and publish policies for graduate assistants relating to (a) sick leave, (b) parking privileges, (c) bus privileges, (d) travel off campus, ( e) insurance, ( f) health care, and (g) tuition waivers. 4.2.8 Within the constraints of their training, experi ence, and responsibilities, graduate assistants have a right to the same professional respect as that accorded to regular faculty. 4.3 University-Employed Graduate Students 4.3.1 The University's student employment office shall publish annually minimum and maximum salaries and hourly wages for University employed graduate students. This office shall have the authority to approve unit requests for all payments above the established maximums. 4.3.2 The University shall not deny a regular employ ee's fringe benefits solely because the person also is registered as a student. 4.3.3 University employees who are pursuing gradu ate study are bound by collective bargaining agreements or other applicable University per sonnel policies and agreements. 4.3.4 Employment-related grievances of graduate students employed in non-academic positions should be filed with the employing units under their respective procedures. 4.4 Fellowship, Scholarship and Grant Recipients 4.4.1 A graduate student supported by a fellowship, scholarship and/or grant shall have a right to such information as (a) the responsibilities and performance required for retention of support, (b) the privileges and status associated with sup port, and (c) grievance procedures. 4.5 University Policies Relating to Graduate Student Support Recipients 4.5.1 Michigan State University is an Affirmative Action, Equal-Opportunity Employer. Therefore, employment appointment policies shall be consistent with anti-discrimination poli cies of Michigan State University. 4.5.2 Graduate students shall be informed of all employment policies when a position is ten dered. 4.5.3 The University retains the right to demote, suspend, terminate, or otherwise discipline graduate students receiving support through the University for cause and for failure to meet their responsibilities. The University also retains the right to terminate graduate students' participa tion in an academic program, which in tum may terminate the graduate student's assistantship or other financial support. Graduate students who believe they have a grievance under this article may utilize the judicial procedures outlined in Article 5. 4.5.3.1 In cases where the graduate student contends that action of the University may cause irreparable harm, the student may appeal to the appropriate judiciary for an expedited hearing. ARTICLE 5 ADJUDICATION OF CASES INVOLVING GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES 5.1 Judicial Structure Hearing Boards shall establish their own procedures in a manner consistent with this document. A copy of proce- Student Handbook and Resource Guide 43 dures adopted by each unit shall be filed with the Office of the Ombudsperson and with the Office of the Dean of the Graduate School. 5.1.1 To promote effective functioning of the system of graduate student rights and responsibilities, an appropriate judicial structure and process shall be established for hearing and adjudicating all cases brought by and against graduate stu dents in the following areas: a. Academic rights and responsibilities b. Professional rights and duties of gradu- ate assistants not covered by the Graduate Employees Union collective bargaining con tract c. Professional rights and duties of other Graduate Students 5.1.2 Department/School/Program Hearing Boards. For adjudication to be conducted at the department/school level the parties shall attempt first to resolve the problem in informal, direct discussions. If the problem remains unresolved, adjudication may be handled formally through a department/school hearing board. The hearing . board shall be composed of equal numbers of faculty and graduate students selected by their respective groups in accordance with the depart ment/school/program hearing procedures. If the unit administrator is involved in the case, the unit administrator may not serve on the hearing board. 5.1.3 College Graduate Hearing Board. Each col lege shall establish a judiciary composed of the chair of the college graduate committee or des ignee and equal numbers of faculty and gradu ate students selected by their respective groups in accordance with college hearing procedures. Each college shall provide training to its hearing board members. 5.1.4 University Graduate Judiciary. A judiciary shall be established at the University level composed of the Dean of the Graduate School or designee, who shall serve as chairperson, three elected faculty members of the University Committee on Graduate Studies, and three graduate students chosen by the all-University graduate student governing body. 5.1.5 Each hearing board or judiciary shall be chaired by a faculty member. Each board or judiciary shall provide a suitable number of alternate members chosen in accordance with the proce dures established above. 5.1.6 Term of Office. Hearing board or judiciary members at all levels shall be selected dur- ing spring semester for the upcoming summer semester and shall serve one year. The one-year term shall not preclude reappointment of any member the following year. Hearing boards and judiciaries shall establish provisions for filling vacancies, including making appointments on an interim basis during summer semester. 5.1.7 Members of a hearing board or judiciary involved or possessing other conflicts of inter est in a case at issue shall be d~squalified from sitting on the hearing boaraorj.ucliciary for that specific case. a. An approved altef!11!_te member from the appropriate faculty or student group will replace such person(s) in accordance with established guidelines. - b. Either the complainant or respondent may submit to the chair of the hearing board or judiciary a challenge of board or judiciary members in instances of alleged conflicts of interest. Such challenges will be decided by the chair in a timely manner. The decision will be reported to both parties in writing three (3) class days after rendering a decision. c. Either party may remove a total of two board members, excluding the chair, without stated cause. The name(s) of the individual(s) must be transmitted to the chair no later than three (3) class days after receiving notification of the board's or judiciary's membership. 5.2 Jurisdiction of Alleged Violations (other than grievances) 5.2.1 Except as specified in this document (particular ly in Section 5 .1 ), alleged violations of student group regulations, general student regulations, or all-University policies as they apply to all students (undergraduate, graduate, graduate professional) will be referred to the appropri ate judiciary as outlined in the Michigan State University Student Rights and Responsibilities. 5.3 Redress of Grievances 5.3.1 With respect to allegations ofviolation(s) by or against a graduate student in the areas cited in 5.1.1, where possible, a student grievant or fac ulty complainant is encouraged to seek resolu tion and redress informally with the appropriate individual(s). 5.3.2 If problems arise in the relationship between instructor and student, the parties attempt first to resolve them in informal, direct discussions. If the problem remains unresolved, then the student shall consult with the unit administra tor. If still aggrieved, a student may then submit a formal, written grievance for consideration by an appropriate hearing board. The formal grievance alleging violations of academic rights must include a proposed remedy, which could be implemented by a responsible administrator. The grievant or respondent may consult with the University Ombudsperson at any stage of the process. 5.3.3 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 that have judicial merit. (See 44 SPARTAN LIFE-20 15 Section 5.4.6.) The limits of the University's resources proceed from factors that, while sub ject to its influence, are not always subject to its control. 5.3.4 To overcome the presumption of good faith in course instructors ' and graduate committees' judgments of performance, grievances concern ing academic evaluations must produce facts that provide clear and convincing evidence that demonstrates that an evaluation was based entirely or in part upon factors that are inap propriate or irrelevant to academic performance and applicable professional standards. (See 2.2 as well as 2.3.11and2.4.8.) 5.3.5 Any member of the academic community of Michigan State University may initiate a griev ance involving the rights and responsibilities of graduate students. Grievances alleging viola tion of the academic rights of an undergraduate student by a graduate student shall be heard by the unit level judiciaries outlined in the Michigan State University Student Rights and Responsibilities. 5.3.6 In submitting a formal grievance to an appropri ate hearing board (see Section 5.3.6.2) alleging violation(s) by or against a graduate student in the areas cited in 5.1, a grievant must submit a written, signed statement that specifies with sufficient particularity to justify proceedings the point(s) forming the basis of the grievance, the person(s) and/or unit(s) against whom/which the grievance is filed, and the redress that is sought. 5.3.6.1 Grievances must normally be initiated no later than mid-term of the semester following the one wherein the alleged violation occurred (exclusive of summer semester). If the involved instructor or student is absent from the University during that semester, or if other appro priate reasons exist, an exception to this provision may be granted by the appropriate hearing board. If, before the formal grievance procedures are completed, the involved instructor is no longer employed by the University, the grievance process may nevertheless proceed. 5.3.6.2 Student grievances alleging violation of academic and professional rights must be initiated at the lowest administrative level feasible; normally, the department/ school/program. With the approval of the college dean, departments/schools/ programs may waive jurisdiction and refer grievances to the college hearing board. A college dean may request a change of jurisdiction if the dean has concerns about a fair bearing. 5.4 Judicial Procedures 5.4.1 Departments/schools/programs and colleges shall review their hearing board procedures every five (5) years. . 5.4.2 Procedures for the adjudication of grievances must proceed in a timely manner as defined below. 5.4.3 Upon receipt of a request for a formal griev ance, the unit chair/director shall forward a copy of the grievance request to the chair of the hear ing board who in turn shall transmit a copy of the grievance request within five (5) class days to the hearing board members and to the respon dent. 5.4.4 In urgent cases in which it is alleged that a regu lation or an administrative decision or action threatens immediate and irreparable damage to any of the parties involved, the hearing board or judiciary shall expedite the hearing and final disposition of the case. 5.4.5 A hearing board or judiciary is empowered to act on a request to direct an individual or unit to discontinue or postpone an administrative decision or action that threatens immediate and irreparable damage to any of the parties involved pending final disposition of the case. The hearing board or judiciary shall expedite the hearing and final disposition of this urgent case. 5.4.6 A department/school/program or college hear ing board shall review each hearing request for jurisdiction and judicial merit and may then forward a copy of the request to the appropriate individual(s) and invite a written response. After considering all submitted information, the board may: a. Accept the request, in full or in part, and pro ceed to schedule a hearing. b. Reject the request and provide an appropriate explanation. c. Invite all parties to meet with the board for an informal discussion of the issues. Such a discussion shall not preclude a later hearing. 5.4.7 Notice of Hearing. At least five (5) class days prior to a formal hearing, both the respondent and the grievant shall be sent a written notifica tion of bearing from the appropriate hearing body. This notice of hearing shall state: a. The nature of the issues, charges, and/or con flicts to be heard with sufficient particularity to enable both the respondent and the griev ant to prepare their respective cases. b. The time and place of the hearing. c. The body adjudicating the case and the names of the members that make up the body, including the names of all alternate members. d. The names of the respondent and grievant. 5.4. 7 .1 At least three (3) class days before the bearing, the parties shall provide the chair of the hearing board with the names of their witnesses (if any) and Student Handbook and Resource Guide 45 advisor (if any). The chair of the hear ing board shall forward this information to both parties to the hearing. 5.4.8 Either the grievant or the respondent may request, with cause, a postponement prior to the scheduled time of a hearing. The hearing board may grant or deny such a request. 5.4.9 Both the respondent and the grievant shall be expected to appear at the hearing and present their cases to the hearing board. a. Should the grievant fail to appear, the hear ing board may either postpone the hearing or dismiss the case. b. Should the respondent fail to appear, the hearing board may either postpone the hear ing or, only in unusual circumstances, hear the case in his or her absence. c. The hearing board may accept written state ments from a party to the hearing in lieu of a personal appearance, but only in unusual circumstances. Such written statements must be submitted to the judiciary at least three (3) class days prior to the scheduled hearing. 5.4.lOHearing boards shall ensure that a collegial atmosphere prevails in grievance hearings. Either party shall have the right to be accom panied by an advisor (see definition in Article 8). Permission will be granted to the respondent to be accompanied by an attorney if there are criminal charges pending. 5.4.10.1 The advisor may be present throughout the hearing but has no voice in the hearing unless the chair of the hearing board grants the advisor permission to participate. 5.4.10.2 During the hearing, parties to a griev ance shall have an opportunity to state their cases, present evidence, designate witnesses, ask questions, and present a rebuttal. 5.4.10.3 Witnesses must be members of the University community, unless the hearing board determines that they have direct knowledge of the alleged behavior in question. 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 or character witnesses are generally not allowed. The hearing board may limit the number of wit nesses. 5.4.10.4 Hearings are closed unless the student requests an open hearing. An open hearing is open to any member of the University community. The hearing board may close an open hearing to maintain order or protect the confiden tiality of information. 5.4.11 The hearing board shall prepare a written report of findings and rationale for the decision and shall forward copies to the D'!:f:ties involved, to the responsible administrator{s), to the University Ombudsperson, and to the Dean of the Graduate School. .Tue report shall indicate the major elements of evidence, or lack thereof that support the hearing board's decision. All recipients are expected to respect the confidenti ality of this report. When a hearing board finds that a violation of academic rights has occurred and that redress is possible, it shall direct the responsible administrator to provide redress. The administrator, in consultation with the hear ing board, shall implement an appropriate rem edy. 5.4.12Appeals. The decision of the original hear- ing board may be appealed by either party to a grievance only to the next level hearing board. If the original hearing was by a department/ school/program hearing board, the appeal shall be made to the college hearing board. If the original hearing was by a college hearing board, the appeal should be made to the University Graduate Judiciary. 5.4.12.1 Appeals must allege either that appli cable procedures for adjudicating the case were not followed in the previ ous hearing or that the findings of the hearing board were not supported by the facts that provided clear and con vincing evidence. (Presentation of new information will normally be inappro priate at an appeal hearing.) 5.4.12.2 All appeals must be written and signed and must specify the alleged defects in the previous adjudication(s) in suf ficient particularity to justify further proceedings. The appeal must also specify the redress that is sought. 5.4.12.3 Appeals must be filed with the chair of the appropriate appellate board (i.e., a college hearing board or the University Graduate Judiciary) within five (5) class days following a notice of a deci sion. The original decision shall be held in abeyance while under appeal. 5.4.12.4 An appellate board (i.e., a college hearing board or the University Graduate Judiciary) shall review each appeal request and may then forward a copy of the request to the appropri ate individual(s) and invite a written response. After considering all submit ted information, the appellate board may: a. decide that sufficient reasons for an appeal do not exist and that the deci sion of the lower hearing body shall stand; b. direct the lower hearing body to 46 SPARTAN LIFE- 2015 rehear the case or to reconsider or clarify its decision; or c. decide that sufficient reasons exist for an appeal and accept the request, in full or in part, and proceed to schedule an appeal hearing. 5.4.12.4.1 Following an appeal hear ing, an appellate board may affirm, reverse, or modify the decision of the lower hearing body. 5.4.13Reconsideration. Each judiciary or hearing board shall make provision to allow the parties to a grievance to request reconsideration of a case within thirty (30) days if it is determined that new information has arisen. An exception to the time provision may be granted by the appro priate judiciary or hearing board. 5.5 Academic Dismissal and Academic Disciplinary Cases 5.5.1 In cases in which a student is charged with aca demic misconduct and the student's dean has notified the student, in writing, of the charge and requested an academic disciplinary hearing, the complaint will be forwarded to the Dean of the Graduate School. 5.5.2 Upon receiving the request for an academic disciplinary hearing, the Dean of the Graduate School (or designee) shall promptly notify the student that s/he is required to meet with the Dean of the Graduate School (or designee) to discuss the alleged academic misconduct and review the academic disciplinary hearing pro cess. (See 5.5.4 and 5.5.5.) 5.5.2.1 At this time, the Dean of the Graduate School (or designee) will also inform the student of his or her right to contest the allegation before the relevant depart ment/school/college hearing board. 5.5.2.2 The student shall have ten (10) class days to request an academic grievance hearing to contest a penalty grade, or to contest a failure to pass comprehensive exams based on academic misconduct, or any other charge of academic or pro fessional standards misconduct. If the student files a request for a grievance hearing, the student will not meet with the Dean of the Graduate School (or designee) until the unit-level hearing board has heard the student's academic grievance and all appeals, if any, are final. If the hearing board determines that the student did not commit aca demic misconduct, the student will not face any additional sanctions based on that charge. 5.5.2.3 In such a hearing, the burden of proof shall rest upon the instructor or guid ance committee (for comprehensive exams) whose prior assignment of the penalty grade will constitute a charge of academic misconduct. The hear- ing board shall proceed in compliance with applicable University and/or unit academic legislation on the integrity of scholarship, grades, and profes sional standards; and the procedural and appeal provisions of this document shall apply. 5.5.3 In cases in which the student's dean (or des ignee) has requested an academic disciplinary hearing for a complaint involving the viola tion of professional standards, the Dean of the Graduate School (or designee) will meet with the student to determine the appropriate college hearing board for the hearing and review the academic disciplinary process. 5.5.4 In cases in which the student's dean (or des ignee) has requested an academic disciplinary hearing for a complaint involving academic misconduct other than a violation of profes sional standards, the Dean of the Graduate School (or designee) will meet with the student to discuss the allegations and ask the student to select either an administrative hearing con ducted by the Dean of the Graduate School (or designee) or a disciplinary hearing conducted by the appropriate college hearing board. If the student chooses to have a college hearing, the Dean of the Graduate School (or designee) will forward the complaint to the chair of the appropriate college hearing board. If the student requests an administrative hearing, the Dean of the Graduate School (or designee) will proceed with the hearing. 5.5.5 A student who admits his/her academic mis conduct to the Dean of the Graduate School (or designee) waives the right to a hearing to contest the allegation. In such a situation, the Dean of the Graduate School (or designee) shall impose an appropriate redress or sanc tion for the academic misconduct. The student may appeal the appropriateness of the sanction/ redress imposed to the Provost within five (5) class days (see 5.4.12.3). 5.5.6 If a student fails to meet with the Dean of the Graduate School (or designee) when so required by this document, the academic misconduct complaint will be referred to the appropriate college hearing board. 5.5.7 In cases of ambiguous jurisdiction, the Dean of the Graduate School will select the appropriate judiciary. 5.5.8 The academic disciplinary sanctions imposed on a student should be based on a consideration of all circumstances i~ a particular case, including the student's prior record of academic miscon duct, if any. Such sanctions may include one or more of the following : Warning: An official written statement express- Student Handbook and Resource Guide 47 ing disapproval of the behavior and notifying the student that it must not recur. Probation: An official written statement estab lishing a period of time for observing and evaluating a student's conduct and indicating that further academic misconduct may result in more severe disciplinary action. This probation may be accompanied by stipulations, including, but not limited to, restitution, participation in an educational program, or the loss of specified privileges. 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. Other: The student may be required to partici pate in an educational program deeme~ appro priate to a specific case or set of behav10rs or lose specified University privileges. Suspension: A suspension is temporary removal from the University or a department/school/ college for a particula,r period of time, at the conclusion of which the student is 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. Dismissal: A dismissal is a permanent removal from the University or a school/college. Only the University Graduate Judiciary and the Dean of the Graduate School may impose the sanctions of suspension or dismissal from the University. Only the dean of the relevant college and the University Graduate Judiciary may impose the sanction of sus pension or dismissal from a school/college. 5.6 When sanctions other than or in addition to a penalty grade are involved, the college hearing board has _o~ig­ inal jurisdiction, and the University Graduate Jud1c1ary has appellate jurisdiction over academic dismissals and disciplinary cases against graduate students relat ing to academic misconduct. 5.7 The University Graduate Judiciary is the final hearing body within the judicial structure related to graduate academic rights and responsibilities, in cases that were initiated at the college level. 5.7.1 The University Graduate Judiciary shall have available to it the full range of decisions provided to hearing boards thr.ough. this document. In addition, the Umvers1ty Graduate Judiciary may make whatever recommendations it may consider appropriate to specific cases. When the Judiciary finds that a violation of academic rights has occurred and that redress is possible, the Judiciary shall direct the responsible administrator to provide redress. The administrator, in consultation with the University Graduate Judiciary, shall implement an appropriate remedy. ARTICLE 6 ACADEMIC GOVERNANCE ~- - 6.1 Graduate student representatives shallparticipate in academic governance at the department/school/pro gram, college and University-levels. 6.1.1 At the department/school level, graduate student participation in the policy-making process shall include, but not necessarily be limited to, the following: Graduate curriculum and degree requirements. Graduate financial aids and awards. Graduate admissions criteria. 6.1.2 Graduate student representatives shall partici pate as voting members on all policy-making committees at the departmental/school/program and college levels that are directly concerned with graduate student affairs. 6.1.2.1 The department/school/program advi sory committees or their equivalent, in consultation with representatives of graduate students in the unit, shall determine which unit-level committees are directly concerned with graduate student affairs. 6.1.2.2 Each department/school/program and college shall inform its graduate stu dents in a timely way of the committee positions that graduate students ma~ hold, the duties and lengths of appomt ment of said positions, the processes by which individuals are selected for appointment, and the names of the appointed representatives. 6.1.3 At the University level, graduate students shall be selected and shall have voting member- ship on the University Committee on Graduate Studies, University Council and other such com mittees as may be specified by the Bylaws for Academic Governance. ARTICLE 7 PROCEDURE FOR AMENDING AND REVISING THIS DOCUMENT 7.1 Any member of the Michigan State University ~om-. munity may initiate a proposal to amend or revise this document. 7.1.1 A graduate student shall submit such a propo.sal to the all-University graduate student governmg body for approval. The all-University gradu- ate student governing body may approve the proposal by a majority vote of the members present. If approved, the proposal, with re.com mendation for its adoption, shall be submitted to the University Committee on Graduate Studies through the all-University graduate student gov erning body's regular representatives. 7.1.2 A faculty member shall submit such a pro posal to the colleges graduate committee for its 48 SPARTAN LIFE- 2015 approval. The college graduate committee may approve the proposal by a majority vote of the members present. If approved, the proposal, with a recommendation for its adoption, shall be submitted to the University Committee on Graduate Studies through the college's regular representative( s ). 7.1.3 Any other member of the Michigan State University community (not a graduate student or a regular faculty member) may submit a pro posal to the Graduate School for transmissio.n to the University Committee on Graduate Studies. 7.2 All proposals to amend or revise this document must be approved by both the all-University graduate stu dent governing body and the University Committee on Graduate Studies by a majority vote of the members present, unless there is a legal reason to immediately revise this document to comply with State or federal laws. 7.3 If approved by the University Committee on Graduate Studies and by the all-University graduate student governing body, the proposal, with recommendations for its approval, shall be submitted to the University Council. 7.4 The University Council shall review all amendments and revisions and either approve or reject them in accordance with the Bylaws for Academic Governance. A proposed amendment or revision that is rejected by the University Council shall be returned to the University Committee on Graduate Studies and to the all-University graduate student governing body along with a written explanation for the rejection. This expla nation may include suggestions for alteration of the proposal. A proposed amendment or revision that is approved by the University Council shall be forwarded to the President, who shall present it to the Board of Trustees. 7 .5 The Board of Trustees shall review all amendments and revisions and may approve the proposal, at which time it shall become operative unless the Board speci fies a different effective date or reject the proposal and return it to the University Council with an explanation. 7.6 The University community shall be promptly informed of all action taken on proposed amendments and revi sions. ARTICLE 8 DEFINITIONS 8.1 Various terms appearing in other Articles of this docu ment are defined below. 8.1.1 Academic Disciplinary Case: A case brought against a student accused of academic miscon duct involving sanctions other than or in addi tion to a penalty grade. 8.1.2 Academic Misconduct: Instances of academic dishonesty, violations of professional standards, and falsification of academic records or records for admission to a department/school/program/ college. See also General Student Regulation 1.00, Scholarship and Grades; Integrity of Scholarships and Grades Policy. 8.1.3 Administrators: University employees who manage University budgets, direct work units, or formulate, evaluate, and/or administer University policy. 8.1.4 Advisor: A member of the student body, fac ulty, or staff of the University chosen by a party to assist in the preparation of a case. 8.1.5 All-University Graduate Student Governing Body: Council of Graduate Students (COGS). 8.1.6 Class Day: A day on which classes are held, including the days of Final Exam Week but excluding weekends. 8.1.7 Clear and Convincing Evidence: Evidence that reaches the standard of being more highly probable to be true than not true and for which hearing board members have a firm belief in its factuality. 8.1.8 Complainant: A member of the University community who initiates a judicial proceeding under this document. A student complainant is a grievant. 8.1.9 Faculty: All persons appointed by the University to the rank of professor, associate professor, assistant professor, or instructor, all persons appointed by the University as librar ians, and all other University employees with approved titles in the academic personnel sys tem whose duties involve instructional activi ties. 8.1.9.1 Regular Faculty: All persons appointed under the rules of tenure and holding the rank of professor, associate profes sor, assistant professor, or instructor, and persons appointed as librarians. In addition, the principal administrative officer of each major educational and research unit of the University shall be a member of the "regular faculty." 8.1.lOFalsification of Admission or Academic Records: Falsification of any record submit ted for admission to the University or an aca demic 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., colleges, departments, programs and schools). 8.1.11 Good Cause: 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. 8.1.12 Graduate Student: A graduate student enrolled in a master's, doctoral, or educational specialist program or in a graduate non-degree program, including Lifelong Education. 8.1.13 Graduate-Professional (Medical or Law) Student: A graduate student enrolled in a medi cal degree program in the College of Human Medicine, College of Osteopathic Medicine, or Student Handbook and Resource Guide 49 COMPLETE REVISION University Graduate Council/COGS Academic Council Board of Trustees Revision effective January 16, 1984 ~_ .Eebruary 28, 1984 - July 27, 1984 July 27, 1984 _ COMPLETE REVISION University Graduate Council Council of Graduate Students Academic Council Board of Trustees Revision effective University Committee on Graduate Studies Council of Graduate Students University Council Board of Trustees November 4, 2002 November 17, 2002 February 25, 2003 April 11, 2003 April 11 , 2003 February 3, 2014 February 5, 2014 April 22, 2014 June 20, 2014 MSRR Medical Student Rights and Responsibilities The Medical Student Rights and Responsibilities, was approved by the MSU Board of Trustees on June 6, 1986 and revised in 2006. This document applies to medical students enrolled in the College of Hu man Medicine, the College of Osteopathic Medicine, and the College of Veterinary Medicine. The MSRR closely parallels the Graduate Student Rights and Re sponsibilities, but contains provisions designed for the special circumstances of medical students. Copies of the MSRR are available in the offices of the Deans of the Medical Colleges, the Graduate School, the Office of the Provost, the Office of the Ombudsper son, and in 162 Student Services. The document is also printed in the Graduate Student Handbook published by the Council of Graduate Students. College of Veterinary Medicine. Those students who are enrolled in graduate-professional non degree programs, including Lifelong Education shall be deemed graduate-professional students. 8.1.14 Hearing Body: A duly constituted hearing board or judiciary as described in this docu ment. 8.1.15 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. 8.1.16 Non-Academic Disciplinary Case: A case brought against a student accused of violat- ing a General Student Regulation, University ordinance, or University policy. Such a case is heard pursuant to the Michigan State University Student Rights and Responsibilities document. 8.1.17 Ombudsperson: The University ombudsper son is a senior faculty member or executive manager who assists members of the MSU community in resolving complaints or concerns confidentially, informally, impartially, and independently. 8.1.1'8 Penalty Grade: A grade assigned to a student by a faculty member based on a charge of aca demic misconduct. 8.1.19 Professional Standards: Codes of expected professional conduct, including University approved honor codes. 8.1.20 Respondent: An individual or group against whom or which a grievance is filed. 8.1.21 Staff: Employees of the University other than administrators or faculty. 8.1.22 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. An individual is considered a graduate student from the time he or she begins participa tion in official graduate programs or activities. 8.1.23 Undergraduate: A student enrolled in a pro gram leading to a bachelor's degree or in an undergraduate non-degree program, including Lifelong Education. 8.1.24 University Community: All University stu dents, Trustees, administrators, faculty, and staff. HISTORY OF APPROVAL ORIGINAL DOCUMENT Academic Council Board of Trustees PARTIAL REVISION Board of Trustees Revision effective May 19, 1971 June 18, 1971 February 12, 2010 August 16, 20 I 0 50 SPARTAN LIFE- 201 5 Student Consumer Information Types of Rules and Regulations General Student Regulations Residence Hall Bill of Rights Residence Hall Regulations-Undergraduate Residence Hall Regulations-Owen Graduate Center University Apartments Community Bill of Rights and Responsibilities Student Group Regulations, Administrative Rulings All-University Policies, and Selected Ordinances STUDENT CONSUMER INFORMATION The Higher Education Opportunity Act of 2008 (HEOA) requires that postsecondary institutions participating in federal student aid programs make certain disclosures to students. The following information is disclosed to you as a student at Michigan State University (MSU) in compli ance with federal law. For additional information, including requesting a paper copy of any materials, please call the appropriate office or visit the indicated websites. ACADEMIC PROGRAMS AND ACCREDITATIONS Information concerning MSU's current educational pro grams and course descriptions is available at http://www. reg.msu.edu/AcademicPrograms. This includes information about instructional, laboratory, and other physical facilities that relate to the academic programs, as well as faculty and other instructional personnel. Plans for reviewing academic functions of a department, school, or interdisciplinary program to include MSU accountability indicators are available at http://www.esp.msu.edu/APR.asp. Academic Programs, the University catalog, (http://www.reg.msu. edu/AcademicPrograms) provides information related to institutional/program accreditations and approvals (enter "accreditation" in the search box), as well as transferring courses and credits to MSU (enter "transfer" in the search box). University-approved articulation and consortium agreements are available for reference at (http ://www.reg. msu.edu/UCC/articulation.asp). The policies and proce dures related to academic governance may be accessed at http://www.reg.msu.edu/UCC/policies.asp. ALCOHOL AND CONTROLLED SUBSTANCES POLICY The University Policy on Alcohol and Controlled Substance can be accessed at http://www.hr.msu.edu/documents/uwide polproc/contsubstances.htm. The Annual Security Report (http://police.msu.edu/cleryreport. asp) provides information about alcohol and other drug health risks, drug alcohol laws and penalties, and campus alcohol and other drug education and counseling resources. CAMPUS SECURITY POLICIES, CRIME STATISTICS AND CRIME LOG Information regarding public safety at MSU is provided in the Annual Security Report (http://police.msu.edu/news/ clery-crime-fire-log/). The Security Report includes crime statistics for the previous three years concerning certain crimes reported to have occurred on campus; in certain off campus buildings or property owned or controlled by MSU; and on public property within, or immediately adjacent to and accessible from, the campus. The Security Report also includes information about police and public safety resourc es, reporting crimes, coordination between law enforcement agencies, fire and medical emergencies, crime prevention, victim support services, the law and MSU policies, campus facilities, residence hall security, timely warning policy statement, the MSU Policy on Relationship Violence & Sexual Misconduct, and the MSU Alcohol and Controlled Substance Policy. Additional information regarding emer gency action plans is available at http://www.police.msu. edu/?s=action+plans&submit.x=O&submit.y=O. Pursuant to the Campus Sex Crimes Prevention Act, MSU's statement advising the campus community about registered sex offenders is available at http://www.mipsor.state.mi.us! A crime log for the past 60 days is available at http://po- l ice. msu. edu/? s-clery+ log&submit.x=O&submit.y= 0. To obtain a paper copy of the Security Report or the crime log, contact the Michigan State University Police Department at (517) 355-2221. COPYRIGHT INFRINGEMENT AND PEER TO-PEER FILE SHARING POLICIES AND SANCTIONS The following links provide information about MSU poli cies and sanctions related to copyright infringement and unauthorized peer-to-peer file sharing, including disciplin ary action taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using MSU information technology systems. The information also includes a notice that informs students that unauthorized distribution of copyrighted material may subject the students to civil and criminal liabilities. A sum mary of the penalties for violation offederal copyright laws is also provided. • Copyright Permissions Center • Digital Millennium Copyright Act Procedures • Libraries, Computing and Technology Guidelines and Policies • Notice of Written Plan for Copyright Provisions of the Higher Education Opportunity Act of 2008 FEDERAL STUDENT FINANCIAL AID PENALTIES FOR DRUG LAW VIOLATIONS Federal law provides that a student who has been convicted of an offense under any federal or state law involving the possession or sale of a controlled substance during a period of enrollment for which the student was receiving financial aid shall not be eligible to receive any federal or institu tional grant, loan, or work assistance. The separate, written notice of the penalties for drug violations provided to stu dents upon enrollment may be accessed at http://finaid.msu. edu/federalnotices.asp. FINANCIAL AID The Office of Financial Aid website (http://finaid.msu.edu) includes information about the following: need-based and non-need-based federal, state, local, private, and institu- 52 SPARTAN LIFE-2015 tional financial assistance programs available to students; eligibility requirements and procedures for applying for aid; criteria for selecting recipients and determining amount of award; methods and frequency of disbursements of aid; financial aid terms and conditions, including terms ap plicable to employment provided as part of a financial aid package; rights and responsibilities of students receiving Title IV, HEA loans; the availability offinancial aid for study abroad programs; how financial aid is handled when students withdraw; and whom to contact for questions re garding financial aid. Federal notices concerning the terms and conditions of federal student loans, entrance and exit counseling information, drug violation penalties, and the code of conduct for financial aid professionals and advisory disclosure are available at http://finaid.msu.edu/federalno tices.asp. GRADUATION AND RETENTION RATES (STUDENT RIGHT-TO-KNOW ACT) Graduation data of degree-seeking, full-time undergradu ate students at MSU is available at http://dev.opb.msu.edu/ msuinfo! Information concerning retention rates is avail able at the IPEDS Data Center (http://nces.ed.gov/ipeds/). INTERCOLLEGIATE ATHLETIC PROGRAM PARTICIPATION RATES AND FINANCIAL SUPPORT DATA (EQUITY IN ATHLETICS DISCLOSURE ACT) In compliance with the Equity in Athletics Disclosure Act, information on men's and women's athletic programs at MSU is available at http://dev.opb.msu.edu/msuinfo! The report includes the number of participants by gender for each team, operating and recruiting expenses, coaches' salaries, revenues, and athletically related student aid. A copy of the report is available online on the U.S. Depart ment of Education Office of Post-secondary Education Eq uity in Athletics Disclosure website at http://www.ed.gov/ finaidlprof/resources/athletics/eada.html. A paper copy of the report may be obtained by contacting the MSU Office of Planning and Budgets at (517) 355-9271. MISSING STUDENT NOTIFICATION PROCEDURES Notification procedures to be followed when a student re siding in on-campus housing has been reported missing for more than 24 hours are available at http://reg.msu.edu/read/ pdf/MissingStudentPolicy.pdf PLACEMENT OF GRADUATES The Destination Survey Report (http://careernetwork.msu. edu/exploring-options/destination-survey. html) provides post graduation outcomes ofMSU baccalaureate degree recipients, including the types of graduate and professional education programs in which graduates enrolled. The report is prepared using information obtained annually from students who received a baccalaureate degree, offering a snapshot of their progress during the transition out of college. PRICE OF ATTENDANCE Information concerning the cost of attend- ing MSU is available at http://www.ctlr.msu.edu/ COStudentAccounts/#maincontent. These costs consist of tuition and fees, books and supplies, room and board, trans portation, and any additional costs for a program in which the student is enrolled or expresses an interest. PRIVACY OF STUDENT RECORDS (FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT) The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives students the right to review their education records, to request amendment of their records, to consent to disclosures of personally identifiable information, and to file complaints with the U.S. Department of Educa tion. Additional information regarding student rights under FERPA is available at http://www.reg.msu.edu/read/Notifi cationandDirectorylnformationNotice.pdf This informa tion includes MSU procedures for reviewing and requesting amendment of education records, notice of the types of information MSU has designated as directory information, and students ' right to opt-out of directory information. The Michigan State University Access to Student Information guidelines, a FERPA PowerPoint presentation, and the direc tory restriction request form may be accessed at http://www. reg. msu. edu/RO!nfo/Notices/PrivacyGuidelines. aspx. If you have any questions about your rights under FERPA, please contact the Office of the Registrar at (517) 355-3300. REFUND POLICY, REQUIREMENTS FOR WITHDRAWAL, AND RETURN OF TITLE IV, HEA FINANCIAL AID If a student withdraws or drops a course, MSU will adhere to its refund policy as published in Academic Programs, the University catalog, available at http://www.reg.msu. edu/AcademicPrograms (enter "refund" in the search box). Information regarding the requirements and procedures for students seeking to withdraw officially is also available in Academic Programs at http://www.reg.msu.edu/Aca demicPrograms (enter "withdrawal" in the search box). Re quirements for return of Title IV, HEA grant or loan aid are available at http ://www.ctlr.msu.edu/COStudentAccounts/ operationPolicies.aspx#FinancialAidRefPolicy. SERVICES FOR STUDENTS WITH DISABILITIES The Resource Center for Persons with Disabilities (RCPD) provides disability-related information and referrals; docu ments disability and conducts needs assessments; facilitates reasonable accommodations; and provides disability-related technical assistance, auxiliary aids/services, and advo- cacy and training. Visit the RCPD homepage (http://www. rcpd.msu.edu) for additional information on services and resources available to student;; with disabilities. STUDENT BODY DIVERSITY Information about student body diversity, including the number of enrolled full-time students by gender and race/ Student Handbook and Resource Guide 53 ;:;---__ ethnicity, is provided in the Common Data Set (http:// dev.opb.msu.edu/msuinfo/index.asp?info). The number of undergraduate students who receive a Federal Pell Grant is available at http://nces.ed.gov/collegenavigator. TEXTBOOK INFORMATION/REQUIRED COURSE MATERIALS Detailed lists of required course materials will be made available to students through Schedule of Courses. VACCINATION POLICIES MSU policies regarding vaccinations are available at http ://uphys. msu. edu/forstudents/immunize/index. html. VOTER REGISTRATION Information on voting in local, state, and federal elections, including a copy of the Michigan voter registration applica tion form, may be accessed at http://youvote.msu.edu. 54 SPARTAN LIFE-201 5 TYPES OF RULES AND REGULATIONS The University has established several types of rules which govern the conduct of students and organized student groups which are described below. ings apply only to those individuals registered as students. Some, however, also apply to University employees. Where such is the case, mention is made of the fact imme diately before the text of the policy or ruling. " UNIVERSITY ORDINANCES: a. Apply to all individuals-students, employees, visitors on campus. b. Final approval by the Board of Trustees. c. Enforced by the MSU Police Department with the sup port of students, faculty, and administrative personnel. d. Adjudicated through criminal court proceedings in the same manner as city ordinances or state laws. (Although this book contains only selected ordinances, every one is expected to comply with all University ordinances, which are available for reference at the Information Desk, Main Library, or at http://trustees.msu.edu/ordinances!) GENERAL STUDENT REGULATIONS: a. Apply to the conduct of all registered students and orga nizations. b. Final approval by the University president. c. Enforced by all students, faculty, and administrative per sonnel, with support of the MSU Police Department. d. Adjudicated through University procedures. STUDENT GROUP REGULATIONS: a. Apply to those students specified in the regulation. b. Final approval by the Vice President for Student Affairs and Services. c. Enforced by students, faculty, and administrative person nel. d. Adjudicated through University procedures. ADMINISTRATIVE RULINGS: a. Apply to those specified in the ruling. b. Adopted by various offices of the University for imple menting delegated administrative responsibility, usually after consultation with student-faculty advisory commit tees. c. Enforced by administrative personnel in the respective offices, supported by students and faculty. d. Adjudicated through administrative action. ALL-UNIVERSITY POLICIES: a. Apply to those specified in the policy. b. Final approval by the Board of Trustees for carrying out major University responsibilities. c. Enforced by students, faculty, and administrative person nel. d. Adjudicated through administrative action, University procedures, or as provided in the policy. In general, all-University policies and administrative rul- ADDITIONAL REGULATIONS: Students are, of course, expected to live in accordance with local, state, and national laws. The enforcement of such laws is the responsibility of the legal and judicial authori ties duly established for that purpose. Conduct alleged to have violated both law and University regulations may be handled concurrently through the courts and University disciplinary proceedings. The complainant may choose whether to file criminal charges and/or an internal disci plinary complaint. ARRANGEMENT OF THIS SECTION The regulations which follow are arranged so as to list the General Student Regulations, Residence Hall Regulations and University Apartments Regulations first. All other regulations follow, arranged alphabetically by title. Each regulation includes, besides the text, an identification of type; a citation of approving agencies and date of final ap proval or most recent amendment; and a cross reference to other regulations on the same topic where applicable. Note: All regulations, policies, administrative rulings and ordinances are subject to change. Academic Honesty Academic honesty is central to the educational process and acts of academic dishonesty are serious offenses within the University community. Suspension from the University could be the consequence for acts of aca demic dishonesty. Students should be familiar with General Student Regulation 1. 00 on Protection of Scholarship and Grades, and with the all-University policy on Integrity of Scholarship and Grades. In addition, it is important that students clearly understand the specific expectations of their individual instructors with regard to this important matter. The process for adjudicating cases of academic dishonesty is outlined in Article 7 Section IV of Michigan State University Student Rights and Responsibilitie:r Student Handbook and Resource Guide 55 GENERAL STUDENT REGULATIONS ::;::;-__ INTRODUCTION General student regulations shall be those regulations established within the University community (students, trustees, administrators, faculty, and staff) to secure the safety of members of the University community and Uni versity facilities, maintain order, and ensure the successful operation of the institution. 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 organiza tions (Article 8, Section I.A Student Rights and Responsi bilities document). The regulations apply to students and student groups while on the land governed by the Board of Trustees of Michigan State University or when students or student groups are en gaged in University-sponsored or student group-sponsored (student governing groups and registered student organiza tions) activities off campus, or when the conduct of student poses a clear and present danger to the health or safety of person or property. The regulations relating to scholarship and grades, Univer sity functions and services, and University property apply without reference to where the activity occurs. Because technology is constantly changing teaching, learning, and administrative processes, it is understood that the general principles that govern these regulations should be extended to apply to new and unanticipated situations. Any member of the University community may file a complaint involving the alleged violation of these regula tions by a student or student group. The University through its internal judicial system shall maintain jurisdiction over these regulations and conduct hearings in accordance with established University procedures. In the application of the regulations, it is intended that one be held accountable for conduct that fails to meet the standard of what a reasonable and prudent person would or would not have done under similar circumstances.1 1.00 PROTECTION OF SCHOLARSHIP AND GRADES The principles of truth and honesty are fundamental to the educational process and the academic integrity of the Uni versity; therefore, no student shall: 1.01 claim or submit the academic work of another as one 's own. 1.02 procure, provide, accept or use any materials con taining questions or answers to any examination or assignment without proper authorization. 1.03 complete or attempt to complete any assignment or examination for another individual without proper authorization. 1.04 allow any examination or assignment to be completed for oneself, in part or in total , by another without proper authorization. 1.05 alter, tamper with, appropriate, destroy or otherwise interfere with the research, resources, or other aca demic work of another person. 1.06 fabricate or falsify data or results. (See also: Integrity of Scholarship and Grades.) 2.00 PROTECTION OF INDIVIDUALS Physical security and an environment free of harassment are necessary for individuals if they are to successfully pur sue their educational endeavors and fulfill responsibilities; therefore, no student shall: 2.01 cause or threaten physical harm to another or endan ger the physical safety of another. 2.02 engage in sexual misconduct as defined by University policy.2 2.03 engage in domestic violence or dating violence as defined by University policy. 2.04 continuously or persistently intimidate another indi vidual so as to coerce that individual into some action or avoidance of action. 2.05 engage in repeated, unwanted verbal or written com munication or personal contact with another individu al, including stalking or bullying.3 2.06 harass any other individual in violation of the Anti Discrimination Policy. 2.07 engage in hazing. 2.08 possess or use any firearms, explosive materials, incendiary device or other dangerous objects or sub stance without proper University authorization. 2.09 obstruct or disrupt the activities of another individual as protected by law, ordinance, regulation, or policy. 2.10 enter or remain in another individual's place of resi dence or work without permission of that individual or without proper authorization. 2.11 possess, use, manufacture, produce, sell, exchange or otherwise distribute any drug prohibited by federal or These regulations shall not be interpreted to abridge First Amendment rights and the protections of the First Amendment must be care fully considered in any student conduct complaint involving speech or expressive conduct. 2 Definitions of sexual misconduct, domestic violence, dating violence, and stalking are included in the Relationship Violence and Sexual Misconduct Policy. 3 Definitions of hazing and bullying are included in Appendix A. 56 SPARTAN LIFE- 2015 state laws. 2.12 possess, consume, furnish, manufacture, sell, exchange or otherwise distribute any alcoholic bever ages except as permitted by state law and University ordinance. (See also: Alcoholic Beverages; Anti-Discrimination Policy; Disorderly Assemblages or Conduct; Distribution of Literature; Facilities and Services; Residence Hall Regulations 1.0, 2.0 and 3.0; Residence Hall Room Entry Policy; and Safety.) 3.00 PROTECTION OF REGISTERED STUDENT ORGANIZATIONS AND GOVERNING GROUPS The functions of student groups serve to extend and pr:ovide support for the learning environment; therefore, no student shall: 3.01 obstruct or disrupt the activities or functions of a group as protected by law, ordinance, regulation, or policy. 3.02 continuously or persistently intimidate a group so as to coerce that group into some action or avoidance of action. 3.03 provide false information to a group for the purpose of gaining membership, service, or privilege. 3.04 represent a group falsely or use the resources of a group without proper authorization. (See also: All-University Events and Activities; Anti Discrimination Policy; Campaigning, Canvassing and Petition Drives; Disorderly Assemblages or Conduct; Distribution of Literature; Facilities and Services; Non Disciplinary Judicial 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 ifthe University and the members of the academic community are to engage in their activities and to effectively discharge their respon sibilities; therefore, no student shall: 4.01 damage, deface, or destroy the property of another person 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, take or use the property of another without proper authorization. 4.04 remove property or goods from their assigned place without proper authorization or accept or convey property 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 on University property. 4.08 place posters, signs, or handbills except on one's own personal property or in areas authorized by the University. (See also: Bicycles-Illegal Taking; Closing Hours; Distribution of Literature; Facilities 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 ifthe institution is to be effective in discharg ing its responsibilities; therefore, no student shall: 5.01 knowingly provide false information to any office, agency, or individual acting on behalf of the University. 5.02 obstruct, disrupt, or interfere with the functions, ser vices, or directives of the University, its offices, or its employees (e.g., classes, social, cultural, and athletic events, computing services, registration, housing and food services, governance meetings, and hearings). 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 so. 5.07 fail to properly identify oneself or present University issued identification when requested to do so by a non-law enforcement University employee acting in the performance of assigned job responsibilities or who has reasonable suspicion that the student may be involved in the violation of a University policy or regulation. 5.08 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, without proper authorization. (See also: Campus Bus Policy, Disorderly Assemblages or Conduct; Distribution of Literature; Facilities and Services; Housing Policy; Non-Disciplinary Judicial Process; Records; Residence Hall Regulation 6.0; and Student Identification Cards.) APPENDIX A: DEFINITIONS For the purposes of these General Student Regulations, the following definitions will apply: Bullying: An intentional electronic, written, verbal, or physical act, or a series of acts, directed at another person that is severe, persistent, or per vasive and has the effect of doing any of the following: Student Handbook and Resource Guide 57 =-- - • Substantially interfering with a student's edu cation; • Creating a threatening environment; or • Substantially disrupting the orderly operation of the University. Hazing: Requiring or encouraging any act, whether or not the act is voluntarily agreed upon, in conjunction with initiation, affiliation with, continued mem bership, or participation in any group that causes or creates a substantial risk of causing mental or physical harm or humiliation. Original Document: - University Committee on Student Affairs, February 19, 1988 - Academic Council, January 17, 1989 - President, September 1, 1989 Revisions: -University Committee on Student Affairs, February 13 , 2015 - University Council, March 24, 2015 _._President, May 18, 2015 Fire Safet It is imperative that students residing in University hous ing 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 (includ ing firecrackers) or setting a fire in University housing, or falsely pulling a fire alarm in residence halls may result in suspension from the University and prosecution under the law. Students should be familiar with General Student Regulation 2.01, 2.08, 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 5 of Michigan State University Student Rights and Responsibilities. 58 SPARTAN LIFE- 2015 Student Handbook and Resource Guide 59 Each person, as a resident of Michigan State University residence halls, possesses certain individual rights and · responsibilities which must be held in high regard. This document is intended to define minimal expectations of rights and responsibilities of hall residents, in actualizing the.ir freedoms, without placing constraints upon such rights of other residents. Each individual has the right to engage in those physical, 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 tfee 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 belong ings, the right to free access to one's room and suite facilities, and the right to a clean environment in which to live: Optimum physical conditions are essential as they support and reinforce and provide for positive conditions in which to learn and live. c. The right for redress of grievances: If the academic and residence hall communities are to function in the most educationally profitable manner the right to initi ate actions and referrals for impartial and fair adjudica tion 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 without the imposition of sanctions apart from due process. 2. Subordinate rights of the individual are those which should be protected, but which should not infringe upon 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 socialization. Visitors are to respect the above stated rights of hall residents and to adhere to all regula tions. Any abuse of these rights is subject to review and ac- tion according to the procedures given in Michigan State University Student Rights and Responsibilities. However, processes of mediation, involving students and hall staff, should also be considered as means for resolving conflicts. Nothing in the Residence Hall Bill of Rights and/or its implementation 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 conduct 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 The Residence Hall Bill of Rights provides a clear state ment of each individual's rights within the residence hall community. These rights are best secured through clear statements of each individual's responsibilities. 1.1 No person shall cause or otherwise contribute to unreasonable noise in 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. 1.3 No person shall interfere with attempts of others to sleep during reasonable and/or posted consideration hours. 1.4 No person shall interfere with the free access of anoth- 60 SPARTAN LIFE-2015 er 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 envi ronment 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 maintenance of an environment that is physically safe and predictable. As members of a group, each individual has a special responsibility to ensure that safety hazards are eliminated, fire equipment is maintained, and fire proce dures established and followed. 2.1 No person shall create, or help to create a safety haz ard. 3.2 No person shall exhibit behavior which harms or threatens to harm another person or another person's property. 3.3 No person shall abuse, threaten, or harass any resi dence 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 per mission 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 prop erty. 2.2 No person shall throw or drop anything out of a resi (See also: General Student Regulation 4.00.) dence hall window. 2.3 No person shall possess or use firecrackers, fireworks, firearms, or other dangerous weapons or explosives. (NOTE: Legal weapons must be stored at the MSU Police Department.) 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 may injure, molest, or cause dam age. 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 con trol of fire. (Fire equipment shall include, but not be limited to thermal detectors, fire alarms, fire extin guishers, fire extinguisher boxes, fire hoses, and any other fire-fighting devices.) (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 tolerated 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 persuasion, sexual orientation, or disability.) 1 J 5.0ALCOHOL The residence hall community is part of a larger commu nity, and as such, is not only governed by its own regula tions, 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 govern ing the land, which in this case is the MSU Board of Trust ees. 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 within a residence hall, except within the confines of student rooms, suites, or apartments or at 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 student 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 alcohol (e.g., keg, trash can, etc.), nor shall any person participate in an event where a common source is pres ent. (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 61 to protect the community's welfare, the integrity of this identification must be maintained. 6.1 No person shall permit others to use his or her without proper authorization. (See also: General Student Regulation 2.00, 4.00 and 5.00.) 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 purpose 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 member per forming his or her duty, upon request. (See also: General Student Regulation 3.00, 4.00 and 5.00.) 7.0 FOOD SERVICE Meal times should be an oppofh!nity for residents and their visitors to dine in a sociable manner without the fear of in appropriate distractions or interference. The misuse of meal I.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 throw ing of food, utensils, or other objects in any residence hall dining room or housing facility. 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 8.0 VISITORS All members of the residence hatt-community have some responsibility to help secure the community's welfare by communicating 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 continu ous days during any given week. 8.2 No person shall fail to 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 ·visitor 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 Group Regulation) The following 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 com munity. These rights are best secured through clear state ments of each individual's responsibilities. 1.1 No person shall cause or otherwise contribute to unreasonable noise in Owen Graduate Center or areas immediately surrounding the hall. (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. 1.3 No person shall interfere with attempts of others to sleep during reasonable and/or posted consideration hours. 1.4 No person shall interfere with the free access of anoth er to and from his/her room, suite, apartment, work area or office in Owen Graduate Center. 1.5 No person shall play any athletic games in a common area of Owen Graduate Center without proper authori zation. 1.6 No person shall interfere with the safe or clean envi ronment of others. 1. 7 No person shall allow an animal, bird or other pet to enter Owen Graduate Center. (Non-carnivorous fish 62 SPARTAN LIFE- 2015 and guide dogs are exceptions.) 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 maintenance of an environment that is physically safe and predictable. As members of a group, each individual has a special responsibility to insure that safety hazards are elimi nated, fire equipment is maintained, and fire procedures are established and followed. 2.1 No person shall create, or help to create, a safety haz ard. 2.2 No person shall throw or drop anything from a hall window or balcony. 2.3 No person shall possess or use firecrackers, fireworks, firearms or other dangerous weapons or explosives. (NOTE: Legal weapons must be stored at the MSU Police Department.) 3.2 No person shall exhibit behavior which harms or threatens 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 behavior that intimidates any complainant, respondent, counsel, 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 payment of their room and board. 4.1 No person shall tamper with or borrow without per mission the personal property of others. 4.2 No person shall, without proper authorization, remove any property from its assigned place in Owen Graduate Center. 2.4 No person shall possess or use in Owen Graduate 4.3 No person shall damage, deface or destroy any prop 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 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.) 2.8 No person shall use unauthorized cooking appliances in his or her room, suite, floor study room or other unauthorized 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 cook ing 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 tolerated in Owen Graduate Center. 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 or national ori gin/citizenship, sex, age, political persuasion, sexual orientation, or disability.) erty. (See also: General Student Regulation 4.00.) 5.0ALCOHOL Owen Graduate Center is part of a larger 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. 5.1 No person shall possess open alcoholic beverages within areas of Owen Graduate Center that are pub licly accessible (e.g., lobby, cafeteria, serving area, hallways). 5.2 No person shall organize or participate in an unap proved student group event where alcohol is consumed without obtaining an Owen Graduate Center Alcohol Permit. 5.3 No person shall allow the presence of more than five times the normal occupancy (excludes over and under assignment) in a student room or suite where alcohol is being consumed. (See also: General Student Regulation 2.00.) 6.0 IDENTIFICATION OF INDIVIDUALS Certain privileges are extended to individuals by virtue of their residency in Owen Graduate Center. In order to pro tect the residents' welfare, the integrity of this identification 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 Owen Graduate Center facilities, equipment or events. Student Handbook and Resource Guide 63 6.2 No person shall use the University identification of another, including a meal card or room key, for the purpose of improperly gaining access to Owen Graduate Center facilities, equipment or events. 6.3 No person shall, upon request, refuse to provide his or her name and show appropriate identification to a staff member performing his or her duty. (See also: General Student Regulation 3.00, 4.00 and 5.00.) 7.0 FOOD SERVICE Meal times should be an opportunity for residents and their visitors to dine in a sociable manner without the fear of inappropriate distractions or interference. 7.1 No person shall initiate or otherwise engage in throw ing food, utensils or other objects in Owen Graduate Center Cafeteria or hall facilities. 7.2 No person shall, without authorization, remove any utensils, equipment or condiments from Owen Cafeteria. (See also: General Student Regulation 2.00, 4.00 and 5.00.) 8.0 VISITORS All residents of Owen Graduate Center have some responsi bility to help secure the residents' welfare by communicat ing to visitors the expectations establislie-c[through these regulations. 8.1 No person shall permit a non-resident visitor to remain in or use the facilities of Owen Graduate Center, including one 's room, for more than three continuous days during any given week. 8.2 No person shall fail to take responsibility for his or her visitor. 8.3 No person shall interfere with the entertaining of a visitor by another, unless the visitor is infringing upon his or her rights . -Owen Graduate Student Association -Associated Students of Michigan State University -Council of Graduate Students -Vice President for Student Affairs and Services - June 6, 1986 These rights and responsibilities are established to govern the conduct of all residents and visitors in University Apart ments. The student/resident may be held responsible for the actions of his or her spouse, children or visitors, through the Michigan State University judicial system. The community, through its representative body, the University Apartments Council of Residents (UACOR), establishes this document. 1. All residents living in University Apartments shall enjoy the right to study and live in an environment free from unreasonable noise and other distractions. (Unreasonable noise is that which interferes with the legitimate rights of others.) 2. All residents shall enjoy the right to live in a safe and clean environment. Responsibilities of each resident to insure this right shall include, but are not limited to, the following : a. Avoid creating or helping to create a safety hazard. (This includes blocking safety tunnels, sidewalks, or entrances with bikes, motorcycles, toys, clothes lines, etc.) b. Avoid possessing or using fireworks on University Apartments property. c. Avoid discharging a firearm on University Apartments property. d. Park his or her motor vehicles only in the lined park ing spaces provided. e. Keep the area immediately in front of his or her apartment clean, orderly and free from safety haz ards. 3. All residents shall enjoy the right to their personal property, and equal access to all property provided by University Apartments for residents. Responsibilities of each resident to insure this right shall include, but are not limited to the following: a. Avoid tampering with, or borrowing without permis sion, the personal property of another. b. Avoid vandalizing or defacing any University Apartments property. (This includes bulletin boards, flower beds, recreational or playground equipment, etc.) 4. All University Apartments residents shall enjoy the right to live free from harassment, intimidation or assault. (This shall include, but not be limited to, written harass ment, physical attack, peeping Toms, harassment by telephone, verbal harassment, etc.) 5. The student/resident shall be held responsible for using all reasonable efforts to monitor the actions of his or her spouse, children, or visitors. 6. Suggestions for modification of this document may be presented to the University Apartments Council of Residents (UACOR), RCUA, at any time. (See also: General Student Regulation 2.00, 3.00 and 4.00.) 64 SPARTAN LIFE- 2015 STUDENT GROUP REGULATIONS, ADMINISTRATIVE RULINGS, ALL-UNIVERSITY POLICIES, AND SELECTED ORDINANCES • Academic Policies and Requirements • Acceptable Use for MSU Information Technology Resources • Address Change • Address Withholding Policy • Alcoholic Beverages • All-University Events and Activities •Animals • Anti-Discrimination Policy • Appropriate Use ofMSU Email Services By Internal Users on MSUNET • Bad Check/Returned ACH Collection • Bicycles • Campaining, Canvassing, and Petition Drives • Camping • Campus Mail Service • Code of Teaching Responsibility • Hearing Procedures • Conflict of Interest In Educational Responsibilities Resulting from Consensual Amorous or Sexual Relation ships • Copyright Notice • Disorderly Assemblages or Conduct • Distribution of Literature • Distribution of Material in Residence Halls • Drug and Alcohol Policy, MSU • Email Notice for Students • Examinations • Facilities and Services, University • Financial Accounts-Student Organizations • Firearms or Weapons • Fires • Food, Public Sale on Campus • Funding Student-Sponsored Programs and Activities by University Administrative Units, Criteria For • Grief Absence Policy • Holds on Enrollment, Registration, Readmission, and University Services • Housing Policy, Student • Identification Cards • Insurance • Integrity of Scholarship and Grades • Library Policy • Officer Eligibility-Student Organizations • Outside Speakers Sponsored by Registered Student Organizations • Free Speech Rights & Responsibilities: President's Statement • Parades, Processions, and Sound Trucks • Plant Materials • Public Address Equipment • Records • Registered Student Organizations • Relationship Violence & Sexual Misconduct, Policy On • Religious Observance, Policy On • Residence Hall Room Entry Policy • Residential Safety and Security • Roller Skates and Similar Devices • Safety • Selling and Advertising • Selling and Solicitation Central Guidelines • Signs and Structures • Smoke-Free Policy, MSU • Smoking • Student Disorderly Conduct Policy, MSU • Student Events-Social • Student Fee Collection • Undercover Surveillance Involving MSU Student Organizations • University Trademarks • Vehicles • Impounded Vehicles • Withdrawal Procedures and Policies • Other Ordinances ACADEMIC POLICIES AND REQUIREMENTS All-University academic requirements and policies that apply to both undergraduate and graduate study are stated in the Academic Programs, www.reg.msu.edu/Academic Programs! Students are encouraged to consult their aca demic advisers concerning academic requirements. ACCEPTABLE USE FOR MSU INFORMATION TECHNOLOGY RESOURCES (Administrative Ruling) January 27, 2012 A trusted and effective information technology environ ment ("IT environment") is vital to the mission of Michigan State University. To that end, the University provides an IT environment which includes an array of institutional electronic business systems, computing services, networks, databases, and other resources (collectively, "MSU IT resources" or "resources"). These resources are intended to support the scholarship and work activities of members of the University's academic i::ommunity and their external collaborators, to support the operations of the University, and to provide access to services of the University and other publicly available information. Access to and usage ofMSU IT resources entails certain Student Handbook and Resource Guide 65 expectations and responsibilities for both users and manag ers of the IT environment. These are stated below. I. APPLICABILITY 1.1 This Policy applies to all individuals using MSU IT resources ("Users"), regardless of affiliation and irre spective of whether these resources are accessed from MSU's campus or from remote locations. 1.2 Within MSU's IT environment, additional rules may apply to specific computers, computer systems or facilities, software applications, databases and data sources, data types, or networks, and to the uses thereof, or to local workplaces, or to specific types of activities (collectively, "local rules"). Local rules must be consistent with this Policy, but also may impose additional or more specific requirements or responsi bilities on Users. 1.3 Users will be notified of, or given ready access to (e.g., on a website), this Policy and local rules that govern use of MSU IT resources. II. PURPOSES AND APPROPRIATE USES 2.1 MSU IT resources are provided for University-related purposes, including support for the University's teach ing, research, and public service missions, its admin istrative functions, and student and campus life activi ties. 2.2 Users are granted access to MSU IT resources for the purposes described in this Policy. Use should be limi ited to those purposes, subject to Section 2.3. 2.3 Incidental Personal Use 2.3.1 Users may make incidental personal use of MSU IT resources, provided that such use is subject to and consistent with this Policy, including Article 3 of this Policy. In addition, incidental personal use of MSU IT resources by an MSU employee may not interfere with the fulfillment of that employee's job responsibilities or disrupt the work environment. Incidental personal use that inaccurately creates the appearance that the University is endorsing, supporting, or affiliated with any organization, product, service, state ment, or position is prohibited. 2.3.2 Users who make incidental personal use of MSU IT resources do so at their own risk. The University cannot guarantee the security or con tinued operation of any MSU IT resource. III. USER RESPONSIBILITIES 3.1 Users are responsible for informing themselves of any University policies, regulations, or other documents that govern the use ofMSU IT resources prior to initi ating the use of MSU IT resources. 3.2 Use of Resources Accessed through MSU IT Resources 3.2.1 When using MSU IT resources or resources owned by third parties that are accessed using MSU IT resources, Users must comply with all applicable federal and state laws, all applicable University rules, ordinances, and policies, and the terms of any contract or license which gov ern the use of third-party resource and by which the User or the University~s-'!