Article 5: Adjudication of Non-Academic Cases

I. Personal Misconduct Cases

The following procedures shall govern cases involving alleged acts of personal misconduct. The procedures contained in this Article apply to all students at Michigan State University. These procedures do not govern cases involving academic misconduct, which are governed by Article 7. The Dean of Students and the Provost will determine whether a case involving allegations of both personal misconduct and academic misconduct will be heard pursuant to Article 5 or Article 7 (or both).

A. Complaints. A complaint is defined as an allegation filed under Section I.B of this Article that a student has violated a University regulation, ordinance, or policy. Any member of the University community may file a complaint against a student. Where appropriate, the involved parties are encouraged 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 member of the faculty, staff, or student body must submit a written statement to the Dean of Students 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 complaint 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 properly formatted complaint, a designee of the Dean of Students shall notify the respondent in writing within five class days that he or she has been accused of violating a University regulation, ordinance, or policy. The respondent shall be required to meet with an individual designated by the Dean of Students (“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 complaint in person;

5. A list of conflict resolution options and campus resources 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 administrator, who will advise the respondent of his/her rights and responsibilities under this document, review the complaint, and discuss possible resolution 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 administrator or fails to admit or deny the alleged violation 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 administrator.

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 decision 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 administrator’s decision, which will not be shared with the hearing board that hears the complaint. 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 Dean of Students.

3. A respondent who admits his/her violation waives his or her right to a hearing on the matter of responsibility. In such a situation, the respondent may request that the administrator 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 participate in another dispute resolution process, either in lieu of or in addition to the adjudication process outlined in this Article. If the respondent asks to participate in another dispute resolution process, the Dean of Students must approve that request and the complainant must agree to participate 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 appropriate hearing body. This notice of hearing shall include:

a. A sufficiently detailed description of the alleged 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 precautions 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 the challenged person’s knowledge of the case or personal or professional relationships with the complainant, 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 or hearing administrator, the challenge shall be decided by the Dean of Students.

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 complainant and respondent will receive a second notice containing this information not less than one class day prior to the hearing.

4. Either the 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-academic student grievances) of this Article shall be closed, unless the complainant requests an open hearing. In either circumstance, the hearing 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 hearing 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 hearing body may either postpone the hearing or hear the case in the respondent’s absence. The respondent’s failure to appear shall not mean the respondent is presumed to have committed the violation in the complaint.

7. The complainant and respondent shall be entitled to:

a. Receive a timely hearing.

b. Call witnesses on their behalf. Witnesses must be members of the University community, unless the hearing body determines that the witness has direct knowledge of the facts pertaining to the matter at issue. Witnesses may be present in the hearing only when testifying. 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 allowed, except as deemed necessary by the hearing body. The hearing body may limit the number of witnesses.

c. Submit information in support of their positions.

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 alleged violation when the hearing occurs, the complainant may also have an attorney present at the hearing as his/her advisor.

The advisor or attorney may be present throughout 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 preponderance 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 the rationale for the decision and notification of the right to appeal. A copy of the report shall be provided 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 hearing 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 complainant 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 affirm, 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 convening to consider the appeal or conducting a hearing. A copy of the decision shall be provided 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 Dean of Students 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 offense.

9. Decisions resulting in a suspension or dismissal that are not appealed will be forwarded to the Dean of Students for approval and implementation.

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 appropriate hearing body only upon a showing of good cause.

H. Sanctions for Personal Misconduct. Disciplinary sanctions imposed should be based on a consideration of all circumstances in a particular case, including a student’s prior record of misconduct, if any. Failure to comply with a sanction or any conditions of a sanction imposed may form the basis for additional conduct charges and the imposition of more severe disciplinary sanctions.

Such sanctions may include any one or more of the following:

1. Warning: An official written statement expressing disapproval of the behavior and notifying the student it must not occur again.

2. Probation: An official written statement establishing a period of time for observing and evaluating 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 educational 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 location 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 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.

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 Dean of Students may impose the sanction of suspension from the University. A suspended student may not attend or otherwise participate in any University-sponsored or student group-sponsored (student governing groups and registered student organizations) events or activities, whether on or off-campus.

8. Dismissal: A dismissal is a permanent removal from the University. Only the Dean of Students or Provost may impose the sanction of dismissal from the University.

I. Urgent Disciplinary Cases. If the Dean of Students is presented with credible information that a student’s continued presence at the University poses a clear and present danger to the health or safety of persons or property, the Dean of Students may temporarily suspend a student from the University. Before temporarily suspending a student, the Dean of Students will make a reasonable attempt to notify the student of the potential interim suspension and offer the student an opportunity to present information that he/she does not pose a threat to persons or property.

The interim suspension shall not preclude, render irrelevant, or predetermine the outcome of subsequent 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. Students placed on interim suspension may petition for reinstatement at any time, with the following guidelines.

1. Such petitions will be considered by either the Dean of Students or the Provost as requested by the petitioner.

2. Within five class days after receipt of a student’s petition, the Dean of Students or the Provost shall meet with the student for the sole purpose of deciding whether to continue the interim suspension or grant reinstatement.

3. The outcome of the meeting shall not preclude, render irrelevant, or predetermine the outcome of subsequent disciplinary action.

Students placed on interim suspension shall face disciplinary action for the underlying conduct pursuant to this Article, regardless of where the conduct occurred.

II. Non-Academic Student Grievances.

Any student may file a grievance against a registered student organization, student governing group, or University employee alleging a violation of this document or a violation of the student group’s constitution, bylaws, or policies. Any student may also file a grievance pursuant to this section to challenge a University policy or regulation as being inconsistent with the guidelines established in this document. Such grievances should be filed in writing with the Dean of Students pursuant to the established procedure.

A. Informal Resolution. Prior to filing a student grievance, the grievant should first attempt to resolve the grievance informally. Informal resolutions may include involvement of the student organization’s advisor or another University employee, or alternative forms of dispute resolution (e.g., restorative justice, mediation).

B. Jurisdictional Findings. The Dean of Students shall review the grievance and forward it to the appropriate hearing board to determine whether it has jurisdiction to hear the case. The hearing board shall then forward a copy of the grievance to the respondent and invite a written response. After considering all submitted information, the hearing board may:

1. Schedule a hearing.

2. Reject the request for lack of 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 subsequent 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 advisors (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 hearing body shall follow in ruling on challenges for cause is whether, in light of the challenged person’s knowledge of the case or professional relationships with the complainant, 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 Dean of Students.

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 parties 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 hearing 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 information. 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 hearing 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, webcam, video conference, etc.). If the grievant 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 respondent’s failure to appear shall not result in any presumption favoring the grievant.

7. Both parties shall be entitled to:

a. Receive a timely hearing.

b. Call witnesses on their behalf. Witnesses must be members of the University community, unless the hearing board determines that non-members have direct knowledge of the matter at issue. Witnesses may be present in the hearing only when testifying. Witnesses 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 body may limit the number of witnesses.

c. Submit information in support of their positions.

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 advisor 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 preponderance 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 organization.

e. Completion of an educational program or an activity.

f. A formal recommendation to the organization or group to correct the action, policy, or regulation in question.

2. With respect to an employee: A formal recommendation to the appropriate administrator to address the employee’s action.

3. With respect to a University policy or regulation: A formal recommendation to the appropriate 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 information 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 allegedly threatens immediate and irreparable harm through action contrary to the constitution of any undergraduate or graduate student governing 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 grievant and the respondent to present information, either in writing or in person at the discretion of the hearing board. The purpose of the review is to consider the nature and potential extent of irreparable harm and other alternatives to remedy the situation. The review shall not preclude, render irrelevant, or predetermine the outcome of the ultimate 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 grievance by the appropriate hearing board.

4. The hearing board shall make every reasonable effort to meet whatever exigencies of time may exist in such a case. If necessary, the hearing board may announce its decision regarding a temporary action without a written statement of its reasons, provided that such a statement of its reasons shall be made available to the parties as soon as is reasonably possible.

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3 The hearing bodies described in this document should refer to University policies and applicable laws regarding confidentiality of information.

4 The chair or hearing administrator shall normally grant permission for a student representative from the Student Rights Advocates program to have voice in the hearing.

5 The chair shall normally grant permission for a student representative from the Student Rights Advocates program to have voice in the hearing.

Student Rights and Responsibilities