Student Rights & Responsibilities

Click on any of the following links for information:

• Student Rights and Responsibilities
• Use of Information Technology
• Statement of Student Rights and Responsibilities
• Student Academic Grievance Procedure
• Student Rights and Records
• If it Happens to You, Tell Someone

Academic Integrity

Intellectual integrity is the most fundamental value of an academic community. Students and faculty alike are expected to uphold the highest standards of honesty and integrity in their scholarship. No departure from the highest standards of intellectual integrity, whether by cheating, plagiarism, fabrication, falsification, or aiding and abetting dishonesty by another person, can be tolerated in a community of scholars. Such transgressions may result in action ranging from reduced grade or failure of a course, to expulsion from the University or revocation of degree.

It is the responsibility of all students and faculty to know the policies on academic integrity in the instructional units at the University of Michigan-Flint. Information about these policies and the appeals process is available from the appropriate administrative office of the instructional units: in the College of Arts and Sciences, the Office of the Dean of the College of Arts and Sciences; in the School of Education and Human Services, the Office of the Dean of the School of Education and Human Services; in the School of Management, the Office of the Dean of the School of Management; in the School of Health Professions and Studies, the Office of the Dean of the School of Health Professions and Studies and for graduate students, the Office of the Dean of Graduate Programs.

Departments and programs within these instructional units may have specific policies and procedures which further delineate academic integrity. In such cases students are bound by the University policy on academic integrity as well as these department or program policies.

Procedural Rights of the Accused Student. A student who is charged with academic dishonesty by an instructor, administrator, or another student may be assured that he/she has the right to a fair hearing of the charges and the evidence, the right to question witnesses, to invite witnesses on his/her behalf, and to introduce whatever other evidence may be relevant to the charge.

Code of Academic Conduct. The University, like all communities, functions best when its members treat one another with honesty, fairness, respect, and trust. Therefore, an individual should realize that deception for the purpose of individual gain is an offense against the members of the community. Such dishonesty includes:

Plagiarism: taking credit for someone else’s work or ideas, submitting a piece of work (for example, an essay, research paper, assignment, laboratory report) which in part or in whole is not entirely the student’s own work without fully and accurately attributing those same portions to their correct source.

Cheating: using unauthorized notes, or study aids, or information from another student or student’s paper on an examination; altering a graded work after it has been returned, then submitting the work for regrading; allowing another person to do one’s work, then submitting the work under one’s own name.

Fabrication: fabricating data; selectively reporting or omitting conflicting data for deceptive purposes; presenting data in a piece of work when the data were not gathered in accordance with guidelines defining the appropriate methods of collecting or generating data; failing to include a substantially accurate account of the method by which the data were gathered or collected.

Aiding and Abetting Dishonesty: providing material or information to another person when it should reasonably be expected that such action could result in these materials or information being used in a manner that would violate this code of academic integrity.

Falsification of Records and Official Documents: altering documents affecting academic records; forging a signature of authorization or falsifying or omitting necessary information on an official academic document, election form, grade report, letter of permission, petition, or any document designed to meet or exempt a student from an established College or University academic regulation; falsification or unauthorized altering of information in any official academic computer file.

Identity Theft: Assuming another person’s identity or role through deception or without proper authorization. Communicating or acting under the guise, name, identification, email address, signature, or indicia of another person without proper authorization, or communicating under the rubric of an organization, entity, or unit that you do not have the authority to represent.

Misrepresentation and Other Acts of Academic Dishonesty: fraudulently obtaining and/or using academic materials that would give oneself an unfair advantage over other students or would deceive the person evaluating one’s academic performance.

Attempts. An attempt to commit an act prohibited by this code may be punished to the same extent as a completed violation.

Found online at: http://www.umflint.edu/its/policies#accordion-proper-use-of-information-technology-at-the-university-of-michigan—flint

Policy

It is the policy of the University to attempt to provide appropriate access to local, national, and international sources of information. It is the policy of the University that information resource  will be used by members of its community with respect for privacy and the public trust.

In accordance with the policies above, the University works to ensure that intellectual property and University records are protected from unauthorized use or distribution.

Authorized Use

As conditions of use for Information Technology Services (ITS) facilities and communication systems accessed through their use, all users agree to respect (1) the privacy of University records, (2) the legal protection provided by copyright and license agreements for programs and data, (3) the intended use for which access to the resources was granted, and (4) the integrity of the computing systems.

Appropriate Use

All users of computing resources should be mindful of the impact of their participation on the campus community, should engage only in authorized use, and should abide by standards of good citizenship in general.

Responsible Use

Users of ITS resources are expected to use those resources in a responsible and efficient manner. Users are expected to refrain from engaging in illegal, unauthorized, inappropriate, for-profit, or deliberately wasteful practices as outlined in the Standard Practice Guide.

If any student has a grievance regarding academic practices and policies, there are established procedures within each college and school of the University of Michigan-Flint for resolving such problems. For conflicts involving a faculty member, all such procedures require initial consultation with the individual instructor. If the conflict is of a discriminatory or sexually harassing nature, the student should consult with the Office of Human Resources and Affirmative Action or the Dean. Formal complaints must be filed with the Office of Human Resources and Affirmative Action.

See the appropriate school or college section of this Catalog for a statement of the academic grievance procedure to be followed.

Graduate students should consult the Office of the Dean of Graduate Programs at the University of Michigan-Flint.

Introduction

The primary purpose of the Statement of Student Rights and Responsibilities (the Statement) is to assist the University of Michigan-Flint (the University) in providing an environment which supports the educational process and the well-being and safety of the campus community. Free inquiry and free expression are essential attributes of the University community. As members of the community, students are encouraged to develop the capacity for critical judgment and to engage in a substantial independent search for truth. The freedom to learn depends upon the opportunities and conditions in the classroom, the campus, and in the larger community. The responsibility to secure and respect general conditions conducive to the freedom to learn should be shared by all members of the academic community.  When students choose to accept admission to the University, they accept the rights and responsibilities of membership in the University’s academic and social community.

As members of the University community, students are expected to uphold its values by maintaining a high standard of conduct. Such values include, but are not limited to, civility, dignity, diversity, education, equality, freedom, honesty, and safety. The Statement is intended to define conduct expectations, to identify sanctions which may be imposed when misconduct occurs, and to ensure that students are treated with fundamental fairness and personal dignity. The Statement is an articulation of the University’s commitment to recognize and support the rights of its students and to provide a guide for defining behaviors the University considers inappropriate. It is not, however, meant to be an exhaustive list of all rights supported by the University or of all actions which may be considered misconduct.

Within the University, entities (such as schools and colleges, campus, professional, and student organizations) have developed policies that outline standards of conduct governing their constituents and that sometimes provide procedures for sanctioning violations of those standards. This Statement of Student Rights and Responsibilities does not replace those standards; nor does it constrain the procedures or sanctions provided by those policies. This Statement describes possible behaviors which are inconsistent with the values of the University community; it outlines procedures to respond to such behaviors; and it suggests possible sanctions which are intended to educate and to safeguard members of the University community.

Members of the University community are accountable to both civil authorities and to the University for acts which violate the law and this Statement. Disciplinary action at the University will, normally, proceed during the pendency of external civil or criminal proceedings and will not be subject to challenge on the grounds that external civil or criminal charges involving the same incident are pending or have been invoked, dismissed, or reduced.

Nothing in this document should be construed so as to limit the Chancellor’s authority to maintain health, diligence, and order among students under Regents’ Bylaw 2.02.

Academic Rights

1. Protection of Freedom of Expression. Students are responsible for learning thoroughly the content of any course of study, but are free to take exception to the data or views presented and to reserve judgment about matters of opinion.
2. Protection Against Improper Disclosure. Protection against improper disclosure of information regarding student views, beliefs, and political associations which instructors acquire in the course of their work as instructors, advisors, and counselors is considered a professional obligation.
3. Protection Against Improper Academic Evaluation. Students can expect protection, through orderly procedures, against prejudice or capricious evaluation.  Students are also expected to respect the academic freedom of faculty and their rights and responsibilities to determine curriculum and evaluate academic performance.

If any student has a grievance regarding academic practices and policies, there are established procedures within each college and school of the University of Michigan-Flint for resolving such problems.  See the appropriate school or college section of the Catalog for a statement of the academic grievance procedure to be followed. Graduate students should consult the Office of Graduate Programs at the University of Michigan-Flint.

For conflicts involving a faculty member, all such procedures require initial consultation with the individual instructor. If the conflict is of a discriminatory or sexual harassing nature, the student should consult with Human Resources or the Assistant Vice Chancellor for Student Affairs. Formal complaints must be filed with Human Resources.

Student Rights

Students at the University have the same rights and protections under the Constitutions of the United States and the State of Michigan as other citizens. These rights include freedom of expression, press, religion, and assembly. The academy has a long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent. As members of the University community, students have the right to express their own views, but must also take responsibility for granting the same right to others.

Students have the right to be treated fairly and with dignity regardless of race, sex, color, religion, creed, national origin or ancestry, age, marital status, sexual orientation, gender identity, gender expression, disability, or Vietnam-era veteran status.

Students have the right to be protected from capricious decision-making by the University and to have access to University policies which affect them. The University has an enduring commitment to provide students with a balanced and fair system of dispute resolution. Accordingly, this Statement will not deprive students of the appropriate due process protections to which they are entitled.  This Statement is one of the University’s administrative procedures and should not be equated with procedures used in civil or criminal courts.

Students and student organizations are free to discuss questions of interest to them and to express opinions publicly and privately without penalty. In conveying the ideas and opinions of students, the student press is free from censorship and the need of advance approval.

Editors, managers, and writers must subscribe to the standards of responsible journalism.  At the same time, they are protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy or content.

Students have the right to privacy of personal possessions. Searches and seizures may be conducted by appropriate University officials, but only for specific reasons of probable cause and not freely at will. The student(s) being searched must be notified of the object of the search, unless there is immediate danger to person or property.

Student Responsibilities

 Along with rights come certain responsibilities.  Students at the University are expected to act consistently with the values of the University community and to obey local, state, and federal laws.

Violations

Students are expected to comply with published University policies. The following behaviors, for example, contradict the values of the University community and are subject to disciplinary action under this Statement:

1. Physically harming another person including acts such as killing, assaulting, or battering
2. Sexually assaulting another person
3. Sexually harassing another person. Sexual harassment consists of sexual advances, requests for sexual favors, and verbal, visual, or physical conduct that stigmatizes or victimizes an individual on the basis of sex or sexual orientation where such behavior:
   
   Involves an express or implied threat to an individual’s academic efforts, employment, participation in University-sponsored extracurricular activities, or personal safety; or
   
   Has the purpose or reasonably foreseeable effect of interfering with an individual’s academic efforts, employment, participation in University sponsored extracurricular activities, or personal safety; or
   
   Creates an intimidating, hostile, or demeaning environment for educational pursuits, employment, or participation in University-sponsored extracurricular activities.
4. Hazing
5. Stalking or harassing another person
6. Possessing, using, or storing firearms, explosives, or weapons on University-controlled property or at University events or programs (unless approved by the Department of Public Safety; such approval will be given only in extraordinary circumstances)
7. Tampering with fire or other safety equipment or setting unauthorized fires
8. Illegally possessing or using alcohol
9. Illegally distributing, manufacturing, or selling alcohol
10. Illegally possessing or using drugs
11. Illegally distributing, manufacturing, or selling drugs
12. Intentionally and falsely reporting bombs, fires, or other emergencies to a University official
13. Stealing, vandalizing, damaging, destroying, or defacing University property or the property of others
14. Obstructing or disrupting classes, research projects, or other activities or programs of the University; or obstructing access to University facilities, property, or programs (except for behavior that is protected by the University’s policy on Freedom of Speech and Artistic Expression)
15. Making, possessing, or using any falsified University document or record; altering any University document or record, including identification cards
16. Assuming another person’s identity or role through deception or without proper authorization. Communicating or acting under the guise, name, identification, email address, signature, or indicia of another person without proper authorization, or communicating under the rubric of an organization, entity, or unit that you do not have the authority to represent
17. Failing to leave University-controlled premises when told to do so by a police or security officer with reasonable cause
18. Conviction, a plea of no contest, acceptance of responsibility or acceptance of sanctions for a crime or civil infraction (other than a minor traffic offense) in state or federal court if the underlying behavior impacts the University community
19. Misusing, failing to comply with, or jeopardizing Statement procedures, sanctions, or mediated agreements, or interfering with participants involved in the resolution process
20. Violating University computer policies    

Scope of the Violations

Behavior which occurs in the city of Flint, on University-controlled property, or at University sponsored events/programs may violate the Statement. Behavior which occurs outside the city of Flint or outside University-controlled property may violate the Statement only if the behavior poses an obvious and serious threat to harm to any member (s) of the University community.

The Statement of Student Rights and Responsibilities is intended to incorporate other specific University policies by reference. These policies include: Information Technology Services (ITS) Technology Policies, and A Resident’s Guide to Community Living from the Office of Housing and Residential Life (available in their entirety at www.umflint.edu/its/services/policies.htm, www.umflint.edu/housing/policyproceduremanual.htm.) The Statement will be used to address violations of these policies only if the violation warrants a process or a sanction beyond what is available in these policies. In such cases, policy adjudicators may take intermediate action regarding a complaint as defined by their individual policy; however, final resolution may occur under the procedures outlined in this Statement.

Procedures

The University will use the following procedures to respond to behavior which goes against the values of the University community as defined in this Statement. The University considers the procedures for resolving disputes a part of its educational mission and is committed to a process that provides for peer review. Persons who have questions about the Statement should contact the Assistant Vice Chancellor for Student Affairs who provides support to all participants.  Resolution and appeal processes are administrative functions and are not subject to the same rules of civil or criminal proceedings. Because some violations of these standards are also violations of law, students may be accountable to both the legal system and the University.

Any person who knowingly and intentionally files a false complaint under these procedures is subject to disciplinary action.

Records of non-academic misconduct will be maintained by the Assistant Vice Chancellor for Student Affairs and destroyed seven (7) years after the charged student’s separation from the University.

For good cause, any time limit in these procedures may be extended by the Vice Chancellor for Student Affairs.

The Hearing Panel is not bound by the legal rules of evidence.

The Hearing Panel shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. The Hearing Board may limit testimony based on redundancy or lack of relevancy.

Stage 1: Initiating the Resolution Process: Any student, faculty member, or staff member may submit a complaint alleging a violation of the Statement. A student, faculty member, or staff member may also submit a complaint based upon information reported to that person. All complaints must be submitted to the Assistant Vice Chancellor for Student Affairs (AVC DSA), in writing, within six months after the incident(s) alleged in the complaint. The AVC DSA may waive the six-month limitation when a late submission is reasonable. If the AVC DSA determines, based on an investigation, that the alleged behavior may be a violation of the Statement, the AVC DSA will notify the accused student and schedule a meeting as described below.

Stage 2: Resolution Process: The AVC DSA will meet with the accused student to explain the complaint and the resolution process. The student may be accompanied by an advisor. The student will have the opportunity to ask questions and make a statement.  The AVC DSA will inform the accused student (1) that statements the student makes to the AVC DSA may be considered at any hearing, (2) that the student does not have to make a statement at the initial meeting, (3) that all disciplinary records are confidential to the extent permitted by law, and (4) that the student has a right to know the potential sanctions before admitting responsibility (but may not appeal if he/she accepts responsibility without asking about sanctions).

The accused student has a choice of the following methods of dispute resolution:

1. Acceptance of Responsibility: The accused student has the option of accepting responsibility for the charges and accepting the sanction chosen by the AVC DSA.  Upon request, the accused student has the right to know the potential sanctions before accepting responsibility, however the accused student may not appeal if he/she accepts responsibility without asking about sanctions. The accused student also has the option of accepting responsibility for the charges and requesting a hearing on the sanctions under the procedures outlined in B.
    
2. Hearing: The accused student may choose to have a Resolution Officer or a Student Resolution Panel arbitrate the dispute. In cases which involve more than one accused student, the students will have the option of choosing whether they have the same or separate hearings. If students cannot agree, the hearings will be separate.
   
   Each party may be accompanied at the hearing by a personal advisor, who may be an attorney; however, the advisor may not participate directly in the proceedings, but may only advise the party. For example, the advisor may not question witnesses or make presentations.
   
   At a hearing, the AVC DSA will be in charge of preparing and submitting information gathered during the investigation. Both parties may have access to all written or other information that will be considered prior to the hearing. Both parties have the right to the names of witnesses providing information prior to the hearing. 
   During the hearing, the Resolution Officer, AVC DSA, accused student, complaining witness and student panelists (if applicable) have the right to question (See Appendix A) the complaining witness and the AVC DSA. Each of the above enumerated persons may also ask questions of (1) the accused student, if he/she chooses to testify and (2) of any witnesses who have presented information. Silence by the accused will not be used as evidence of responsibility for a charge. Witnesses may be present in the hearing room only when they are presenting information. At any time during the hearing, the accused student may request a recess to consult with his/her advisor.
   
   The accused student, complaining witness, and AVC may also present written reports to the panel or Resolution Officer. The accused student and complaining witness may make statements to the panel or Resolution Officer at the beginning and end of the proceeding.
   
   To ensure the privacy of the parties and to maximize the educational potential of the process, both parties must agree to the admission of any other people (except witnesses or advisors) to the hearing. To ensure fairness and consistency, and to maximize the educational potential of the process, panelists must have access to details, rationales, and results of past cases. The student is presumed not responsible unless clear and convincing evidence is presented that a violation of the Statement has occurred.
   
   A tape recording will be made of Statement hearings, and will be made available (in the Assistant Vice Chancellor’s office) to the accused student or complaining witness upon request during the period in which an appeal may be filed or is pending. In all cases, the Resolution Officer will issue a written decision containing findings of fact, conclusions as to responsibility, and rationales for all sanctions imposed. The hearing body will deliberate in closed session and its decision will be communicated to the student charged, in writing, by the Assistant Vice Chancellor for Student Services and Enrollment Management within five (5) days.

Stage 3: Appealing the Resolution Process: An appeals process is an essential safeguard for an imperfect human process that attempts very hard to be fair. The appeal process is available to each party. Appeals may be filed for the following reasons: proper procedures were not followed, the evidence clearly does not support the finding(s), sanctions are insufficient or excessive relative to the violation, or there is new evidence not reasonably available at the time of the hearing. All appeals must be submitted in writing to the Vice Chancellor for Student Affairs within ten (10) academic calendar days following the Assistant Vice Chancellor’s (AVC DSA) decision to accept or modify the recommendations resulting from the hearing. The Vice Chancellor for Student Affairs (VC DSA) may waive the 10 day limitation when a late submission is reasonable. Appeals will be reviewed by the Faculty Committee for Student Concerns.  The Faculty Committee for Student Concerns may take one of the following actions:  confirm the decision made through the hearing process, alter the sanction(s), or recommend a re-hearing.

Sanctions are designed to promote the University’s educational mission. Sanctions may also serve to promote safety or to deter students from behavior which harms, harasses, or threatens people or property or is motivated by bias because of membership in a group listed in Paragraph 2 under Student Rights. Although it is inappropriate for the University to try to change a student’s convictions, it is appropriate for the University to ask a student to change inappropriate behavior. Some behavior is so harmful to the University community or so deleterious to the educational process that it may require more serious sanctions: removal from housing, removal from specific courses or activities, suspension from the University, or expulsion. One or more of the following sanctions may be recommended:

1. Formal Reprimand: A formal notice that the Statement has been violated and that future violations will be dealt with more severely.
2. Disciplinary Probation: A designated period of time during which the student is not in good standing with the University. The terms of probation may involve restrictions of student privileges and/or set specific behavioral expectations. The appropriate University units shall be notified of the student’s probationary status.
3. Restitution: Compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement.
4. Restriction from Employment at the University: Prohibition or limitation on University employment.
5. Class/Workshop Attendance: Enrollment and completion of a class or workshop that could help the student understand why her or his behavior was inappropriate.
6. Educational Project: Completion of a project specifically designed to help the student understand why her or his behavior was inappropriate.
7. Service: Performance of one or more tasks designed to benefit the community and help the student understand why her or his behavior was inappropriate.
8. Removal from Specific Courses or Activities: Suspension or transfer from courses or activities at the University for a specified period of time.
9. No Contact: Restriction from entering specific University areas and/or all forms of contact with certain person(s).
10. Suspension in Abeyance: During Suspension in Abeyance, the student remains enrolled. However, any violation of the conduct regulations during the period of Suspension in Abeyance will, after a determination of guilt, result in automatic suspension.
11. Suspension: Separation from the University for a specified period of time or until certain conditions are met. When a student is suspended during a term, he or she is not exempted from the payment of tuition for that term.
12. Expulsion: Permanent separation from the University. When a student is expelled during a term, he or she is not exempted from the payment of tuition for that term.
13. University Housing Transfer or Removal: Placement in another room or removal from University housing.

Related Procedures

1. Emergency Suspension. If a student’s actions pose an immediate danger to any member of the University community, the Vice Chancellor for Student Affairs or a designee may immediately suspend the student pending a meeting. Except in extraordinary circumstances that meeting will be scheduled within two academic calendar days. At this meeting, the student will be informed of the nature of the alleged violation, presented with available evidence, and given the opportunity to make a statement and present evidence. If the emergency suspension is continued, the student will be offered a hearing option within ten academic calendar days.
2. Procedural and Interpretive Questions. All procedural and interpretive questions concerning the Statement will be resolved by the Vice Chancellor for Student Affairs (VC DSA) or a designee. At any time, the VC DSA or the Assistant Vice Chancellor (AVC DSA) may consult the Office of General Counsel about a case or procedures.
3. Selection of Student Panelists, Resolution Officers, and Appeals Committee Members. Members of the Student Judicial Board, whose selection is outlined in the Student Government Council Constitution (See Appendix B), will serve as student panelists. Resolution Officers are recommended by the Faculty Council and/or the Vice Chancellor for Student Affairs.  Each Student Resolution Panel will consist of three (3) voting student panelists and a non-voting Resolution Officer.
4. Records of Resolution Actions: Records will be maintained by the AVC DSA with regard to any and all actions taken under the Statement. Accordingly, records will be maintained by the AVC DSA of complaints, hearings, findings, and sanctions. For each case in which a complaint is issued, including cases where the student accepts responsibility, the record will recite the facts of all conduct found or admitted to be in violation of the Statement with sufficient specificity to indicate that a violation of the Statement occurred. Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan-Flint Rights and Records Policy. If a student is suspended or expelled, a notation will be made on the student’s academic record. The notation of suspension will be removed at the time the student is readmitted to the University.
5. Student Access to Records. Records and documents that will be considered during a hearing will be made available in advance to all parties but may be redacted to protect the privacy rights of individuals not directly involved in the resolution process
6. Reports of Actions. Statistical reports of actions taken through the Statement will be published following each academic term. These data will cover the number of complaints and the types of violations, resolutions, and sanctions.
7. Concurrent Legal and Statement Proceedings. To ensure the educational potential of the process and in fairness to a complainant, the University should provide a prompt response to behavior which goes against the values of the University as defined by the Statement. In the interest of fairness to an accused student, however, a student undergoing civil or criminal action for the same behavior which forms the basis of a complaint under this Statement, may request a reasonable delay of the Statement resolution process until external proceedings are resolved. In determining whether a request is reasonable, the AVC DSA will evaluate the unique circumstances of the case, including the length of the delay and the impact of delay on the complainant and community, in addition to protecting the integrity of the resolution process. In granting a request for a delay, the AVC DSA may implement conditions on continued enrollment, as appropriate. If an accused student’s request for delay is denied, he or she may withdraw from enrollment and may not re-enroll until authorized by the Vice Chancellor for Student Affairs or his/her designee.
8. Amending the Statement of Student Rights and Responsibilities: The Student Government Council, the Faculty Council, or the Executive Officers of the Flint campus may propose amendments to the Statement. All proposed amendments will be reviewed by the Faculty Committee for Student Concerns. After consultation with each of the above mentioned groups, as well as the Vice Chancellor for Student Affairs, the Faculty Committee for Student Concerns will forward the proposed amendments to the Chancellor of the University of Michigan-Flint with the committee’s recommendation on implementation. The final decision on amending the Statement will be the Chancellor’s.
   
   The chancellor will endeavor to communicate his or her decision to accept or reject each of the proposed amendments in a public and timely manner, during the regular academic year. It is suggested that the chancellor’s communication to the student body state a rationale for each decision to reject an amendment. The Vice Chancellor for Student Affairs has the authority to publish procedures for the amendment process.

Appendix A

The following protocol will be observed during hearings:

Witness:

Witness (complainant or other) has the opportunity to make a statement

Panelists question the witness

Charged student questions the witness

Panelists ask any follow-up questions

Charged Student:

Charged student has the opportunity to make a statement

Panelists question the charged student

Appendix B

The Judicial Board (J-Board) shall consist of five students.  Candidates for the Judicial Board shall be interviewed and appointed by an interview board consisting of seven members as outlined below:

Composition of Interview Board

Two members of the faculty

J-Board Chief Justice and (1) Associate Justice

Student Government (SG) (or designee) & Vice President (or designee)

Vice Chancellor for Student Affairs (or designee)

All appointments to the Judicial Board shall be made by recommendation of the SG advisor and shall require the confirmation of the SG by a 2/3 vote. The term of office shall last from the time of such confirmation, until such time as he/she shall cease being a student at the University, or until such time as he/she resigns or is removed from office.

The Judicial Board shall consist of a Chief Justice, Senior Associate Justice, and three Associate Justices; one of whom shall be elected as secretary. Appointments to the position of Chief Justice shall be given to the most senior member, with the second most senior member being given the position of Senior Associate Justice. The secretary shall be selected from the three remaining members. In the event of a tie for seniority, the members involved in the tie shall become candidates for an election to be held among the members of SG.

For a complete copy of the Student Government constitution, please contact SG at (810) 762-3078 or visit Room 364 University Center.

It is the policy of the University of Michigan to comply with the Family Education Rights and Privacy Act (FERPA), the Federal law that governs release of and access to student education records.  For students in the GEC (Genesee Early College) Program, additional information on FERPA rights can be found on page 12 and 13 of the (GEC Student Handbook).

Definitions

A student is an individual for whom the University maintains education records and who is or has been enrolled in and attended credit bearing courses at the University.

Education records include those records which contain information directly related to a student and which are maintained by the University or by a person acting for the University. The following are not education records: records kept in the sole possession of the maker, law enforcement records, records relating to individuals employed by the University, records related to treatment provided by a health professional, records that contain information about an individual after that person is no longer a student, i.e. alumni records.

Directory information may appear in public documents and may otherwise be released to individuals outside the University without the student’s specific consent. The University of Michigan has designated the following items as directory information: name, address, email address, and telephone number, UM school or college, class level, major field, dates of attendance at the University of Michigan, current enrollment status, degree(s) received and date(s) awarded, honors and awards received, participation in recognized activities, previous schools attended, height and weight of members of intercollegiate athletic teams.

Non-disclosure of directory information may be requested by currently enrolled students. Non-disclosure means the University may not release any directory information about the student, except as permitted under the provisions of FERPA. The University may not even acknowledge to third parties that the person is a student.

Legitimate educational interest is the need to review an education record in order for a University official to carry out his or her responsibilities in regard to performing an administrative task outlined in the official’s duties, or performing a supervisory or instructional task directly related to the student’s education.

A University official is a person employed by the University in an administrative, supervisory, academic, research, or support position; a person elected to the Board of Regents; a student or University graduate serving on an official University committee or assisting another University official in performing his or her tasks; or a person employed by or under contract to, or serving as an agent of the University to perform a specific task.

Authorized disclosures without the student’s prior written consent include but are not limited to information necessary to the health or safety of the student or other individuals if the University determines there is an articulable and significant threat to the health or safety of a student or other individuals, internal disclosures for legitimate educational reason, information returned to the author/sender of the information, information forwarded to schools where the student plans to enroll or transfer, notice to parents about drug and alcohol violations. The University of Michigan does not routinely disclose information without the student’s consent to parents of federal tax dependents.  State and local education authorities may allow access to your records to third parties with written agreement in conjunction with the evaluation of federal, or state supported education programs; including early childhood education, elementary and secondary education, post-secondary education, special education, job training, career and technical education, and adult education.

Types of Records and Where They Are Located
In carrying out their assigned responsibilities, several offices at the University of Michigan-Flint collect and maintain information about students. Although these records belong to the University, both University policy and federal law accord you a number of rights concerning these records. The following is designed to inform you concerning where records about you may be kept and maintained, what kinds of information are in those records, the conditions under which you or anyone else may have access to information in those records, and what action to take if you believe that the information in your record is inaccurate or that your rights have been compromised.

Only two offices have records on all students. The Office of the Registrar maintains information pertaining to enrollment (registration) and official academic records (transcripts). The Student Accounts Office maintains information about charges assessed and payments made. 

Student Rights

Beginning the first day of the semester, you have the following rights concerning your student records:

1. The right to inspect and review all material in your file(s) except:
   • Professional mental health treatment records to the extent necessary, in the judgment of the attending physician or professional counselor, to avoid detrimental effects to the mental health of the student or of others. These records may, however, be reviewed by a physician or other appropriate professional of your choice.
   • Financial information furnished by your parents in support of an application for financial aid.
   • Confidential letters of recommendation that were placed in your file prior to January 1, 1975.
   • Confidential letters of recommendation concerning admission, employment, or honorary recognition, for which you have waived access. (The University may not require you to sign a waiver in order to obtain services, but a person writing a recommendation may insist on a waiver as a condition for his or her writing it.)
   • Personal notes made by a faculty member or counselor that are accessible only to that person and are not shared with others.
   • Materials in any admissions files, until you have been admitted to, and have attended the University of- Michigan-Flint.
   • All other records which are excluded from the FERPA definition of education records.

Requests to review records must be made in writing to the responsible official of each office that maintains records. The responsible office will comply with the request within 45 days of its receipt.

2. The right to request an amendment of your education records if you believe it is inaccurate or misleading. If you believe there is an error in your record, you should submit a statement to the Registrar, clearly identifying the part of the record you want changed, and why you believe it is inaccurate or misleading. The Registrar will notify you of the decision and advise you regarding appropriate steps if you do not agree with the decision.
3. The right in most instances to control access to information in your records by persons or agencies outside the University. With respect to University officials, information from your records will be made available only if the University official can demonstrate a legitimate educational interest consistent with their official functions for the University and consistent with normal professional and legal practices. Except for directory information, however, persons outside the University - including your parents and/or spouse - will be given information from your records only (1) when you authorize it in writing, or (2) in connection with your application for or receipt of financial aid, or (3) in connection with studies conducted for the purpose of accreditation, development and validation of predictive tests, administration of student aid programs, or improvement of instruction, or (4) when disclosure is required in a health or safety emergency or by federal or state law or by subpoena.  If information from your record is subpoenaed, a reasonable attempt to notify you will be made as quickly as possible. In addition, the results of a disciplinary hearing conducted by the institution against the alleged perpetrator of a crime of violence will be made available to the alleged victim of that crime.
4. The right to limit disclosure of your directory information. If you do not want the University to release those items designated as directory information, you must file a written request to that effect with the Office of the Registrar. However, you should carefully consider the consequences of that action before making the decision to do so. Information is not withheld selectively. If you choose to have directory information withheld, all items designated as directory information will be withheld from everyone who inquires. If you have requested non-disclosure of directory information and wish to repeal the request, you must file a written request to that effect with the Office of the Registrar.
5. The right to a hearing if you believe that you have been improperly denied access to your records, your records contain information that is inaccurate or misleading, or information from your records has been improperly released to third parties. If you believe one or more of these situations has occurred, contact the head of the office responsible for the record or send an email to the Registrar, karnould@umflint.edu detailing the specifics of the situation including the office(s) and records involved. You may request a hearing by a hearing panel designated by the Registrar. If the decision of the hearing panel agrees with you, the necessary corrective action will be taken. If the decision of the hearing panel disagrees with you, you have the right to submit an explanatory statement, which must be included as a permanent part of your record.
6. The right to file a complaint to federal officials if you feel there has been a violation of the rights afforded you under the Family Educational Rights and Privacy Act of 1974. The complaint must be submitted in writing within 180 days of the alleged violation to:

U.S. Department of Education
The Family Policy Compliance Office
600 Independent Avenue SW
Washington, D.C. 20202-4605
Phone: (202) 260-3887

The Office of the Registrar is required to keep a record of all requests for non-directory information from your records made by persons outside the University, and to make that record available for you to examine.

FERPA rights cease upon death. However, it is the policy of the University of Michigan-Flint that no records of deceased students be released for a period of 25 years after the date of death, unless specifically authorized by the executor of the estate of the deceased or by the next of kin.

The full version of the FERPA law may be found at www.ed.gov .

Questions about policies and procedures regarding student records within the University of Michigan-Flint should be directed to:

Karen A. Arnould
Office of the Registrar
University of Michigan-Flint
266 University Pavilion
Flint, MI 48502-1950

Offices that may Maintain Student Records at the University of Michigan-Flint

Student Success Center, 285 University Pavilion
Office of Undergraduate Admissions, 245 University Pavilion
College of Arts and Sciences, 516 David M. French Hall
Counseling, Accessibility, and Psychological Services (CAPS), 264 UCEN
Office of Extended Learning, 240 David M. French Hall
Office of Financial Aid, 277 University Pavilion
Office of Graduate Programs, 251 Frances Willson Thompson Library
Frances Willson Thompson Library
Office of the Registrar, 266 University Pavilion
Department of Public Safety, Hubbard Building
School of Education and Human Services, 444 David M. French Hall
School of Health Professions and Studies, 3180 William S. White Building
School of Management, 2200 Riverfront Building
Student Accounts Office, 264 University Pavilion
Student Involvement & Leadership, 361 UCEN
Vice-Chancellor for Campus Inclusion & Student Life, 237 University Pavilion

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