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    Eastern Michigan University
   
 
  Jul 24, 2017
 
 
    
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2012-2013 Graduate Catalog THIS IS NOT THE CURRENT CATALOG. LINKS AND CONTENT ARE OUT OF DATE!

Policies Affecting You at EMU


Click on a link to be taken to the entry below.


In this section you will find the FERPA law, the Student Code of Conduct, the EMU Alcohol and Other Drug Policy, the Tobacco Use Policy, the Student Involuntary Administrative Withdrawal Policy, the Grade Grievance Procedures, Class Attendance Policy, the EMU Policy on Sexual Harassment and the Residence Hall Eligibility Policy.

These policies will not only serve as an important reference during your University experience, but they will also help you as a student to make informed choices.

Notification of Student Rights under FERPA

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The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

  1. The right to inspect and review the student’s education records within 45 days of the day EMU receives a request for access.
  2. Students should submit to Eastern Michigan University’s Office of Records and Registration written requests that identify the record(s) they wish to inspect. A University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

  3. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.

    Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.

    If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

  4. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

    One exception which permits disclosure without consent is disclosure to school officials with legitimate education interests. A school official is a person employed by EMU in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff); a person or company with whom EMU has contracted (such as an attorney, auditor or collection agent); a person serving on the Board of Regents; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

    A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

    Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll. The University may, without the student’s permission, release certain information to parents or guardians of students under the age of 21 found responsible for violating any law, rule or University policy pertaining to drugs or alcohol.

    EMU has designated the following items as directory information and these items may be included in publications or disclosed upon request without consent: the student’s name; address; telephone listing; electronic-mail address; date and place of birth; major field of study; participation in recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received (including, but not limited to, the Dean’s List); and the most recent previous educational agency or institution attended by the student.

    EMU reserves the right to make directory information public unless a student’s written objection (specifying the category of information not to be made public without prior consent) is filed at the Office of Records and Registration within 14 days after each term begins.

    Students who do not want to be included in the annual EMU Student Directory should either complete a directory exclusion card or request directory exclusion through the touch tone registration system (734.487.3309) by Sept. 15. Cards can be picked up from University Publications, Campus Life, Office of Records and Registration, University Advising and Career Development Center, Office of Admissions or a residence hall information desk. They must be turned in by September 15 to Public Information, 18 Welch Hall. Requesting directory exclusion will remove your name, address and phone number from the current and subsequent telephone directories.

  5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by EMU to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Ave. SW
    Washington, D.C. 20202-4605

Applicable Laws for Americans with Disabilities

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1973 Vocational Rehabilitation Act, Section 504

Colleges and universities nationwide have been protecting the rights of students with disabilities since the 1973 Vocational Rehabilitation Act, specifically Section 504, which states:

No otherwise qualified handicapped individual in the United States shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Americans with Disabilities Act (ADA)

Unlike Section 504 of the Rehabilitation Act, the ADA applies to employers, public services, public accommodations, communication providers and transportation providers regardless of whether they receive or benefit from federal funding.

The ADA defines a person with a disability to mean a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.

The ADA provides coverage in five different areas:

Employment
Public services/transportation
Public accommodations/transportation
Telecommunications
Miscellaneous

Residence Hall Eligibility Policy

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Policy Statement

All first year unmarried students shall be required to live in University residence halls, contingent on space availability.  Sophomore students may be required to live on campus as well, space permitting.  Exceptions may be granted to students who are:

a.    commuting from the permanent home of their parents/guardian;
b.    21 years of age or older; or
c.    veterans who have served on active duty.

All students living in University residence halls assume responsibility for their own hours.

University Practice

Occupancy in a University residence hall is restricted to currently enrolled students at Eastern Michigan University.  Occupants other than currently enrolled Eastern students are allowed on an exception basis.  However, priority will be maintained for current Eastern students.  Each resident is required to make application and sign a contract for the appropriate term.  As such, the resident agrees to make the designated prepayment and agrees to the payment of fees as established for the term(s) of occupancy according to the current payment schedule.  Additionally, the residents are responsible for compliance with all terms and conditions set forth in the contract and the Residence Hall Handbook.
 

Responsibility for Implementation


Housing management staff is responsible for implementing this policy and for granting waivers in a fair and consistent manner within policy guidelines.
 

Scope of Policy Coverage
 

This policy shall apply to first year and sophomore students.

EMU Policy on Sexual Harassment

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The University’s Mission Statement and accompanying Institutional Values and Guiding Principles reflect our collective commitment to providing an environment that positively affects the lives of all individuals who are part of the EMU community. The University’s Sexual Harassment Policy affirms our shared values and responsibility to respect all individuals, and prohibits any member of the University community from engaging in sexual harassment activities that demean or diminish an individual in any way. Such activity is prohibited by law and by this policy. The rights and responsibilities inherent in this policy apply to all employees, students, guests and outside contractors. One of the strengths of Eastern Michigan University is that we value and respect human dignity and the rights of all people. Each of us shares the responsibility for ensuring that sexual harassment will not be tolerated and that we strictly adhere to the tenets of this policy. Copies of the policy and procedures are posted on the web sites of the Office of Diversity and Affirmative Action, the Office of Student Conduct and Community Standards, Human Resources and the Office of the Assistant Vice President for Academic Affairs.

Policy on Sexual Harassment

It is the policy of Eastern Michigan University to provide an educational, employment and business environment free of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal statues.

Prohibited Acts

No member of the University community shall engage in sexual harassment. Persons who engage in sexual harassment are subject to disciplinary action, up to and including dismissal for employees and/or suspension or dismissal for students. Sexual harassment is defined as unwelcome advances, requests for sexual favors or other behavior of a sexual nature when:

  • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or status in a course, program or activity.

  • Submission to, or rejection of, such conduct is used as a basis for a decision affecting an individual’s employment or participation in a course, program or activity.

  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or performance in a course, program or activity, or of creating an intimidating, hostile or offensive environment in which one engages in employment, a course, a program or an activity.

Confidentiality

To the extent permitted by law, the confidentiality of each party involved in a sexual harassment investigation, complaint or charge will be observed, provided it does not interfere with the University’s ability to investigate the allegations or take corrective action.

Examples of Sexual Harassment

  • Physical assault

  • Threats or insinuations which cause the victim to believe that sexual submission or rejection will affect his/her reputation, education, employment, advancement, or any conditions which concern the victim’s standing at the University.

  • Direct propositions of a sexual nature

  • Subtle pressure for sexual activity, an element of which may be conduct such as unwelcome sexual leering

  • Conduct (not legitimately related to the subject matter of the work, course, program, or activity in which one is involved) intending to or having the effect of discomforting and/or humiliating a reasonable person at whom the conduct is directed. This may include, but is not limited to, comments of a sexual nature or sexually explicit statements, questions, jokes or anecdotes, and unnecessary touching, patting, hugging or brushing against a person’s body. Depending upon the circumstances, any of the above types of conduct may be sexual harassment and subject to disciplinary action, even if that conduct only occurs once.

Consensual Sexual Relationships:

Professor and student:

The ideal professor demonstrates respect for students as individuals and serves as students’ mentor, intellectual guide and model of honest academic conduct. The professor acts to ensure academic evaluations of students that reflect each student’s true merit. He or she respects the confidential nature of the relationship between professor and student and avoids all forms of exploitation, harassment and discriminatory treatment of students.

Sexual relations (which includes contact of a sexual nature) or requests for sexual relations between students and faculty members with whom they also have a current instructional or evaluative relationship are fraught with the potential for exploitation and must be avoided, and are prohibited. The respect and trust accorded a professor by a student, as well as the power exercised by the professor in an instructional or evaluative role, make voluntary consent by the student suspect. In their relationships with students, members of the faculty are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism or bias.

Seeking Assistance for Filing a Complaint

Students, faculty and staff who believe they are the victims of sexual harassment may seek information and assistance from the Office of Student Conduct and Community Standards (250 EMU Student Center), Jesús Hernández, director, 734.487.2157, or the Diversity and Affirmative Action Office (140 McKenny Hall), 734.487.1166. If the student, faculty member or staff member wishes to file a complaint, she/he may take the following action(s):

  • If the alleged harasser is a staff or faculty member, the affected individual(s) may contact the Diversity and Affirmative Action Office (140 McKenny Hall).

  • If the alleged harasser is a student, the affected individual(s) may contact the Office of Student Conduct and Community Standards (250 EMU Student Center).

Note: EMU has the obligation to investigate all complaints of sexual harassment.

Seeking Assistance Outside of the University

Persons who believe they are the victims of sexual harassment may also seek assistance from: the Equal Employment Opportunity Commission, or the Michigan Department of Civil Rights.

Awareness

Members of the University community are responsible for knowing and understanding the University’s policy prohibiting sexual harassment. Students who do not understand the policy should contact the Office of Student Conduct and Community Standards at 487.2157. Faculty and staff who do not understand the policy should contact their department head or director. Department heads or directors who need assistance in understanding, interpreting or applying the policy should contact the Diversity and Affirmative Action Office at 487.1166. Persons who make false allegations subject themselves to the possibility of disciplinary action.

If You Are Accused of Sexual Harassment

You will have an opportunity to hear and respond to the charges brought against you. All situations are treated as confidential matters to the extent permitted by law. Judgments are not made nor action taken until the investigation is complete. Employees represented by collective bargaining agents may enlist assistance from their union as necessary.

Grade Grievance Procedure for the EMU Community

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Timeline for Steps in the Grade Grievance Procedure

(This timeline is derived from appropriate sections in the Grade Grievance Procedure.
The page number from which it is taken is underlined in parentheses following each item.)

Step I

  • The student must contact the instructor within ten (10) working days after the start of the following semester: i.e., the semester following the one in which the disputed grade was given.

Step II

  • A written grievance must be filed within twenty (20) working days after the start of the next semester following the one in which the disputed grade was given.

  • Within ten (10) working days after receipt of the written grievance, the department head must schedule a hearing before the Department/College Grievance Committee.

  • The Committee hearing shall be open unless the student or instructor requests a closed hearing. This request should be conveyed in writing to the department head prior to the hearing … . (After the hearing) The committee will meet in executive session and will present its findings, in writing, to the department head within ten (10) working days.

  • The department head will forward the committee’s written decision to the student and the instructor within five (5) working days of this committee’s decision/recommendation.

Step III

  • Either the instructor or the student grievant may submit a written appeal of the prior decision at Step II by the Department/College Grade Grievance Committee within ten (10) working days of written receipt of that decision, if at least one of three conditions is met:

1. The Office of the Provost determines that there is evidence that established procedures for Step II were violated; or
2. There was at least one dissenting vote at the Step II level; or
3. New evidence or new witnesses not previously considered or heard at Step II become available.

  • Within twenty (20) working days of the receipt of the appeal, the University Grade Grievance Committee shall issue a written Step III decision to both the instructor and the student.

A. Introduction

The Grade Grievance Procedure provides each student with the opportunity to appeal formally a final grade in a course because he or she believes that the grade has been awarded capriciously or unfairly. Capricious or unfair-grading may include but is not limited to the assignment of a course grade to a student: (1) on some basis other than relevant performance in the course; (2) by resorting to standards different from those which were applied to other students in that course; or (3) by an unreasonable and/or unannounced substantial departure from the instructor’s previously articulated standards.

This procedure is not intended to handle disputes that may arise about the grading of individual exams or assignments during the semester. When such disputes arise, the student should contact the instructor immediately, rather, than waiting until the end of the semester. Class action grievances by one student on behalf of several students or an entire class are not permitted.

B. Step I

If a student wishes to appeal a final grade, the student must contact the instructor within ten (10) working days after the start of the following semester: i.e., the semester following the one in which the disputed grade was given (see General Notes #3, p. 9, for the spring-summer policy). If the instructor is teaching on campus the next semester, but is temporally unavailable or simply cannot be reached during this ten-day period, then the student should deliver a written request for an appointment with him/her, stating the reason, to the department head no later than the ten (10) day period. With the aid of the department head in scheduling an appointment, the instructor and the student must then meet as soon as possible and discuss the disputed grade privately. In the event that the department head has difficulty in assisting the student in scheduling the appointment, a detailed written record of communication or attempts to communicate between the department head and the instructor will be maintained by the department head. Whenever possible, conflicts over grades should be resolved informally between the instructor and the student as a result of this Step I discussion.

If the instructor has left the University permanently, or is not available for a period of sixty (60) days or more (e.g., if the instructor is away on a sabbatical leave, medical leave; or in his/her “off semester” on a Plan C appointment), then the department head shall act on his/her behalf and make a decision either in support of or against the grievance. In making this decision, the department head shall review all available grade records, discuss the matter with the student, and with written consent of the student, request and evaluate within ten (10) working days a written statement by the instructor concerning the disputed grade, when possible. The department head cannot act in this manner on behalf of the instructor during the spring-summer period because the instructor is not teaching during either the spring or summer session, unless the disputed grade affects the student’s plans to graduate that year.

C. Step II

If the grade dispute is not resolved in Step I to the student’s satisfaction and he or she still believes that the grievance has merit based on. facts of the case, the student has the right to file a formal written grievance with the department head. In the written grievance, the student must indicate whether he/she requests that the case be heard by a Departmental or College Grade Grievance Committee. The department head will forward the written grievance immediately to the chairperson of the appropriate (Department or College) Grade Grievance Committee.

Guidelines for filing a formal grievance are as follows:

  1. A grievance must be based on evidence that the instructor has been capricious and/or unfair in awarding a grade. The written grievance must describe specifically the perceived capricious or unfair action of the instructor. The student also should present all other evidence or documentation in support of his or her allegations. Disagreement with an instructor’s judgment in and of itself is not a basis for a grievance, nor is disagreement with an instructor’s grading standards, if such standards have been described in advance for the class, and have been applied fairly to all students in the class.
  2. A written grievance must be filed within twenty (20) working days after the start of the next semester following the one in which the disputed grade was given.

Within ten (10) working days after receipt of the written grievance, the department head in consultation with the chairperson of the Department/College Grade Grievance Committee will schedule a hearing before the Committee. The department head cannot simply make a personal judgment that the grievance is without merit, and thus refuse to give it to the Department/College Grade Grievance Committee. However, after scheduling the hearing; the department head may request a closed three-person meeting in his/her office with just the instructor and the student, to discuss informally the disputed grade one final time. If either the instructor or the student refuses to attend such a meeting, the department head cannot require his/her attendance, and the grievance is then held as previously scheduled. If a closed meeting is held, the department head shall act only as a facilitator or a mediator. His/her role is restricted solely to promoting further discussion, not to imposing his/her judgment and/or making a decision in the case. If the dispute is resolved in this meeting, the written grievance shall be withdrawn and the scheduled hearing canceled. The student will provide written verification of withdrawal of the grievance to the instructor and department head at the conclusion of the meeting. If the dispute is not resolved, the grievance is then held as previously scheduled. In such cases, the department head shall not communicate his/her opinions/judgments regarding the grievance and/or the discussion at the closed meeting to the members of the Department/College Grade Grievance Committee.

The Department Grade Grievance Committee shall be composed of three (3) faculty members and two (2) students. The faculty members shall be selected by appropriate department procedures. In undergraduate student grievances, the student representatives shall be selected from the list of representatives designated annually (no later than October 15 each year) by Student Government for each department in that particular college. In graduate student grievances, the student committee members much be graduate students. The graduate student representatives will be selected from the list of representatives designated annually (no later than October 15) by the Graduate School for each department in that particular college.

The College Grade Grievance Committee shall be composed of three (3) faculty members and two (2) students. One faculty person and one student must be from the department from which the grievance originated. The other faculty and student representatives .must be from different departments within the college. The dean of the college in which the grievance originates will select the appropriate faculty and student representatives to serve on a particular grievance committee from the approved designated lists. The faculty approved to serve on the committee shall be designated by the College Council from a list of faculty submitted by each department by October 15 each year. In undergraduate student grievances, the student representatives shall be selected from the list of representatives designated annually (no later than October 15 each year) by Student Government for each department in that particular college. In graduate student grievances, the student committee members must be graduate students. The graduate student representatives will be selected from the list of representatives designated annually (no later than October 15) by the Graduate School for each department in that particular college.

The student grievant may, however, request in advance of the hearing in writing that the two (2) students be excused and that his or her grievance be heard only by three (3) faculty members.

This option applies regardless of whether the grievance is being heard by the Department or College Grade Grievance Committee. The committee shall conduct a hearing according to the following guidelines:

  1. Prior to the hearing, any written information in support of either the student or the instructor shall be distributed to committee members by the department head. In addition, both the student grievant and the instructor shall be provided with copies of these same written materials. All available written information shall be presented at this time.

  2. A detailed record shall be kept of the hearing, preferably a taped sound recording. If a written record is kept, that record shall be signed by the Grievance Committee asserting that the written record is a true record of the hearing proceedings.

    Written or recorded records of any Step II grievance shall be kept on file in the college dean’s office and copies shall be provided, upon request, to the student who has filed the grade grievance or the faculty member against whom the grievance was filed. Costs associated with duplicating grade grievance records shall be borne by the individual(s) requesting copies.

  3. The hearing shall be open unless the student or instructor requests a closed hearing. This request should be conveyed in writing to the department head prior to the hearing.

  4. Both the student and instructor shall be permitted an adviser at the hearing. Advisers must be members of the University community, i.e., students in good standing or full-time faculty or staff members.

  5. The Department/College Grade Grievance chair shall begin the hearing by beginning the tape recorder (or announcing the name of the person who will be taking minutes) and reviewing the guidelines and procedures under which the hearing shall be conducted.

    The committee chair will then announce, “This Step Level II Grade Grievance Hearing is being held on (date). (Name of student) is grieving the grade of (grade) received during the (semester) in (class prefix, number, and section identification number) taught by (instructor). The following committee members are in attendance today: (members give their names).”

  6. In order, the student and the instructor will present their cases. Both the student and the instructor may call witnesses, and the student, instructor, adviser(s), and committee members all have the right to question any witnesses that are called. The student and the instructor should be asked for brief closing statements.

  7. The chair will then close the hearing with, “This Step Level II Grade Grievance Hearing is now concluded.” The committee will meet in executive session and will present its findings, in writing, to the department head within ten (10) working days. The written decision/recommendations- will be signed by the members of the committee. The department head will forward the committee’s written decision to the student and the instructor within five (5) working days of this committee’s decision/recommendation.

  8. If determined through the grievance process that a student’s grade is to be changed, the following process will be used:

    1. The Chair of the grade grievance committee will forward the committee’s recommendation for the change of grade to the faculty member, Department Head and the student (grievant).
    2. The faculty member shall have ten (10) working days from the issuance of the committee’s recommendation to file a grade change or respond otherwise to the committee.
    3. If the faculty member fails to change the grade or appeal the decision within the allotted time or notifies the committee of his/her intent not to comply with the recommendation to do so, the department head will file the grade change form in accordance with the committee’s recommendation.
    4. The student, faculty member, Department Head, and Grievance Committee Chairperson will receive copies of the completed grade change form.
  9. Either the student or the instructor may appeal the decision/recommendations of the Department/College Grade Grievance Committee to the University Grade Grievance Committee under the conditions listed below. This appeal must be filed within ten (10) working days of receipt of the decision.

D. Step III

Either the instructor or the student grievant may submit a written appeal of the decision at Step II by the Department/College Grade Grievance Committee within ten (10) working days of written receipt of that decision, if one of the following conditions is met:

  1. The Office of the Provost determines that there is evidence that established procedures for Step II were violated; or

  2. There was at least one dissenting vote at the Step II level; or

  3. New evidence or new witnesses not previously considered or heard at Step II become available.

In the absence of 1, 2, or 3 above, simple disagreement with the decision rendered at Step II is not sufficient basis for an appeal. In other words, there is no automatic right of appeal in every case requiring that the University Grade Grievance Committee reconsider the entire grievance case. If the appeal is based on new evidence or new witnesses, the written appeal statement must explain precisely how this evidence or testimony relates directly to the alleged unfair or capricious awarding of the disputed grade. If said evidence or witnesses had been available prior to the Step II hearing, the hearing shall be remanded back to the   Step- II departmental committee. Only newly discovered evidence and/or witnesses may be introduced at the Step- III hearing level (it shall be the responsibility of the petitioner to demonstrate that the evidence and/or witnesses were not available at Step II ).

The appeal shall be submitted to the provost or his/her designee with a copy to the dean of the appropriate college. The University Grade Grievance Committee shall be chaired by the provost or his/her designee and shall have the following additional members: the dean of the involved college or his/her designee; two (2) faculty members, one of whom is from the involved college, but not from the department in which the grievance originated; and one (1) student appointed by Student Government (in the case of undergraduate grievance) or by the Graduate School (in the case of graduate grievances). The two faculty members shall be selected by the provost or his/her designee from an available pool of nominees representing all colleges.

The University Grade Grievance Committee shall review all written documents that were available to the Department/College Grade Grievance Committee, the written or taped recording of the Step II hearing, and the final report and decision of the Step 11 Committee. The University Grade Grievance Committee may reconvene the participants in the Step II hearing to answer questions, if desired.

Within twenty (20 )working days of the receipt of the appeal, the University Grade Grievance Committee shall issue a written Step III decision to both the instructor and the student. This decision shall be final; no further appeal is possible.

E. Records

When the Grade Grievance Procedure results in an instructor’s grade being changed without his or her agreement, then all University records containing that grade in which the name of the instructor appears shall be identified by an asterisk (*). On these records, the asterisk will be footnoted with the following statement: “This grade is a result of an appeal procedure.” On those records in which the instructor’s name does not appear, the grade will not be asterisked, nor will there be any other indication that the original grade was changed.

F. General Notes

  1. The time limits/deadlines for submitting grievances/appeals, holding meetings, making decisions are to be followed by all parties. However, extensions of the limits may be requested in writing by any of the involved parties. Such requests must originate prior to the expiration of the stated time limit. The dean of the involved college will make the decision to approve or to deny each request for a time limit extension at Step I or Step II. Decisions regarding Step III time limit extensions will be made by the Office of the Provost.
  2. For Department Grade Grievance Committees, each academic department shall select the faculty members for the Department Grade Grievance Committee annually by October 15. The committee will hear all Step II grade grievances during the next twelve months in cases where the student requests the hearing at the departmental level. Substitute members shall be selected to replace any committee member who is personally involved in a grade grievance. Also, substitute members shall be selected to replace any faculty member who is unavailable for an extended period of time (e.g., spring and/or summer). For College Grade Grievance Committees, annually by October 15, each academic department shall select faculty members to serve on the College Grade Grievance Committee (at least one person to serve as a regular member of the Committee and one as an alternate). The Committee will hear all Step II grade grievances during the next twelve months in cases where the student requests the hearing at the college level. Substitute members shall be selected to replace any committee member who is personally involved or has a conflict of interest in a grade grievance. Also, substitute members shall be selected to replace any faculty committee member who is unavailable for an extended period of time (e.g., spring and/or summer, sabbatical, etc.).
  3. Each college shall select two (2) faculty members plus one (1) alternate who are available during a twelve-month period for assignment to the Step III University Grade Grievance Committee. These selections shall be made by the appropriate college-level faculty advisory council/committee at the beginning of the academic year (by October 15). Unlike the Department/College Grade Grievance Committee, this Step III University Grade Grievance Committee may, of necessity, have a different membership for each grievance.

    Grievances relating to grades awarded for the winter semester ending in April or for the Spring term ending in June shall normally be pursued the next fall, measuring all stated deadlines with respect to the start of the fall semester in September. However, if the instructor is teaching on campus during the spring or summer session and the student is enrolled on campus during the same session, then with their mutual agreement, the grievance can be pursued during the spring or summer. However, should either the instructor or the student prefer to wait, then action of the grievance will be postponed until the fall semester. The only .exception in which the grievance shall be pursued during the spring or summer session without the consent of the instructor who is teaching on campus is for any case in which the disputed grade affects the student’s plans to graduate that year. In such cases, if the instructor is unwilling to participate, the department head may act on his/her behalf.
  4. Throughout this procedure, the title “department head” shall be interpreted to include program directors or program coordinators for appropriate academic units in which there is no administrator with the title of “department head.”

Class Attendance Policy Works for You

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Students

Regular class attendance and active participation in classes are important elements in the learning process. Students are at the University primarily for the sake of their intellectual growth and development. Attendance and participation provide appropriate opportunities for the evaluation of the student’s progress.

Each student is personally responsible for the satisfactory completion of the course work prescribed by his/her instructors. This means specifically that he/she is expected to attend classes regularly, and that he/she is responsible for the work assigned in class, the material covered in class and for participation in class activities (including discussion and listening) designed by the instructor as part of the learning experience. However, physical attendance shall not be the sole criterion for determining the student’s course grade.

Faculty

Faculty members should notify their department heads when they are going to be absent from regularly scheduled classes. Written notification of circumstances causing prolonged absences should be sent to the dean of the college. Faculty members are expected to arrange, through their department head, for a qualified substitute when they are absent from class.

Cancellation

Classes may be cancelled by the Office of the President through the Office of the Vice President for Academic Affairs. Off-campus classes are cancelled only by the dean of Extended Programs and Educational Outreach.

Changes

Faculty may not change the time or room of a class printed in the University class schedule unless the change is approved by the department head and the dean of the college.

At the End of the Semester

Classes are taught through the last teaching day of the semester as indicated in the University calendar.

Near Holidays

Students are expected to attend all classes, and faculty members are not permitted to cancel classes or excuse students prior to any holiday.

Student Involuntary Administrative Withdrawal

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It is the policy of Eastern Michigan University to establish a Student Involuntary Administrative Withdrawal Policy for the purpose of maintaining a campus environment that is conducive to learning, protects the university’s educational purposes, maintains reasonable order on campus, and protects the rights and safety of all members of the university community.  The University may order the involuntary withdrawal of a student from the University or from University Housing in accordance with University policy, as described in the full text of this policy.

Standards for Withdrawal

In accordance with university policy, and applicable federal and state laws prohibiting discrimination based on disability, a student may be involuntarily withdrawn from the University and/or University Housing, either temporarily or permanently, if it is determined that a student suffers from a mental disorder as defined by the current American Psychiatric Association Diagnostic and Statistical Manual, and as a result of the disorder:
 

  • Engages, or threatens to engage, in behavior which poses a danger of causing physical harm to self or others, and/or
  • Engages, or threatens to engage, in behavior which would cause significant property damage, which directly and substantially impedes the lawful activities of other members of the University, and/or
  • Demonstrates an inability to satisfy personal needs (e.g., nourishment, shelter) such that there is a reasonable possibility that serious physical harm or death might occur within a short period of time, and/or
  • Commits a violation of the University’s Student Conduct Code and lacks the capacity to comprehend and participate in the University’s disciplinary process, and/or
  • Commits a violation of the University’s Student Conduct Code and did not understand the nature or wrongfulness of the conduct at the time of the offense.

The full Student Involuntary Administrative Withdrawal Policy, including procedures, is available at the Student Judicial Services website (www.emich.edu/studentconduct).  For more information, visit Student Conduct and Community Standards in 250 Student Center, or by phone at 734.487.2157.

Student Conduct Code and University Disciplinary Process

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It is the policy of Eastern Michigan University to establish a student conduct code, to be administered by the Office of Student Judicial Services, for the purpose of maintaining a campus environment that is conducive to learning, protects the university’s educational purposes, maintains reasonable order on campus, and protects the rights of all members of the University community.  The Eastern Michigan University Student Conduct Code and the accompanying student disciplinary processes are intended to foster ethical development, personal accountability and civility toward others.

UNIVERSITY PRACTICE

The Student Conduct Code, below, outlines the practices to be utilized in administering the student disciplinary system at Eastern Michigan University.

Section 1: Purpose

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In support of the overall goals of Eastern Michigan University, the purpose of the Student Conduct Code, administered by the Office of Student Judicial Services, is to maintain a campus environment that is conducive to learning, protects the university’s educational purposes, maintains reasonable order on campus, and protects the rights of all members of the University community.  The Student Conduct Code and the accompanying student disciplinary processes are intended to foster ethical development, personal accountability and civility toward others.

The Code embraces several core philosophies: preservation of the rights of free speech and peaceable assembly; respect for freedom of inquiry and constructive criticism; a conviction that honesty and integrity are key values to the University community; and the belief that all members of the University should be part of a campus environment that respects differences of culture, gender, religion, race, age, lifestyle, or ability.

Section II: Responsibility for Implementation

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The President, as Chief Executive Officer of the University, has overall responsibility for implementation of the Student Conduct Code and the student disciplinary process and has delegated its overall management to the Vice President for Student Affairs and the Director of the Office of Student Conduct and Community Standards.  The Office of Student Conduct and Community Standards is directly responsible for the daily administration of the University’s Student Code of Conduct.

Section III: Jurisdiction

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The University will have jurisdiction over misconduct that occurs on University premises and/or at University-sponsored activities but may also address off-campus behavior if the University determines that the behavior, or the continued presence of the student, impairs, obstructs, interferes with or adversely affects the mission, processes or functions of the University.

A student committing a criminal offense off-campus that is also a violation of the Student Conduct Code may be subject to University discipline.

The University may pursue disciplinary action against a student at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending, has been dismissed or the charges have been reduced.

Section IV: Definitions

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A.  For purposes of the Student Conduct Code only, the following definitions apply:

  1. FACULTY MEMBER means any person hired by the University to conduct classes.
  2. INSTITUTION or UNIVERSITY means Eastern Michigan University.
  3. MEMBER OF THE UNIVERSITY COMMUNITY includes any person who is a student, faculty member, University official or any other person employed by the University.  
  4. STUDENT includes all persons enrolled for courses through or at EMU, both full-time and part-time, and those who attend educational institutions other than EMU but who reside in EMU residence halls.  Persons who are not officially enrolled for a particular term but whose EMU record indicates a continuing relationship with the University are considered “students.”  Persons who have been accepted into EMU but have not yet enrolled for courses are considered “students.”
  5. STUDENT GROUP means a number of students who are associated with each other and have not complied with University requirements for registration as an organization.
  6. STUDENT IN GOOD STANDING means a student who is in good academic standing AND who is not presently under any University disciplinary sanctions.
  7. STUDENT ORGANIZATION means a number of students who have complied with University requirements for registration and/or recognition.
  8. UNIVERSITY PREMISES includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.
  9. UNIVERSITY SPONSORED ACTIVITY means any activity on or off campus, which is initiated, aided, authorized or supervised by the University.

Section V: Violations

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The following behavior is subject to disciplinary action under this Code.  An individual, a group of individuals or a student organization may be charged with any of the violations.  In cases where a violation is committed by an individual member of a student organization, the entire organization may be held responsible, in addition to the individual member, when those members not directly involved participate in the activity by encouraging, witnessing or condoning the act in any manner.

A.  Academic Dishonesty   

Engaging in academic dishonesty in any form with respect to examinations, course assignments, research projects, grades, and/or academic records, including, but not limited to the following:

  1. Cheating - using or attempting to use unauthorized materials, information or study aids in any academic assignment.  Examples of cheating are: looking on someone else’s paper; using any kind of “cheat” sheet or other enhancement during a test; allowing someone else to take an exam in your place; submitting the same work more than once for credit; using someone else’s homework or lab assignments; collaborating with another student on any assignment or take-home test if told that collaboration was not allowed; assisting another student in committing an act of academic dishonesty by allowing another student to copy homework or an exam; taking an exam for someone else; or giving test information to students in other sections of the same class.
  2. Falsification - intentional and unauthorized falsification or invention of any information or citation in an academic assignment. Examples of falsification are: making up data on an assignment; making up a source to cite in a paper; altering then resubmitting returned academic work; giving false information to a faculty or staff member to increase one’s grade; or attempting to change, actually changing, altering grades or any other unauthorized tampering with grades.
  3. Plagiarism - deliberate and knowing use of someone else’s work or ideas as one’s own. Examples of plagiarism are: quoting a source verbatim, or paraphrasing text from a given source, without properly citing the source; turning in a research paper that was written by someone else; or in any other way passing off someone else’s work as one’s own; or failing to give credit for ideas or materials taken from someone else.

B.  Alcohol Violations

  1. Possession or consumption of alcoholic beverages by persons under the legal drinking age as defined by Michigan law.
  2. Dispensing, selling or supplying alcoholic beverages to a person under the legal drinking age as defined by Michigan law.
  3. Possession or consumption of alcoholic beverages in violation of federal, state and local laws.

NOTES:  
1. Transportation in sealed containers to and from an authorized area or place is permissible if the person in possession is of legal age to possess alcoholic beverages as allowed by Michigan law.
2. Use of alcohol and controlled substances by Greek Organizations is covered under Student Conduct Code Section XI:  Special Provisions Governing the University Recognition and Conduct of Greek Letter Social Organizations.”  Those provisions should be used to address alcohol violations committed by a Greek organization.

C.  Computer Misuse

  1. Unauthorized access, entry or use of a computer, computer system, network, software, password, account or data.
  2. Unauthorized alteration or tampering with computer equipment, software, network, or data.
  3. Unauthorized copying or distribution of computer software or data.
  4. Use of computing facilities or equipment to send obscene, harassing or abusive messages.
  5. Use of computers to falsify records, tamper with records or commit any act of academic dishonesty.
  6. Any other act in violation of law and/or University policies and guidelines regulating computer-related use.


D.  Discrimination by Student Organizations

Selecting its membership upon the basis of restrictive clauses involving race, religion, color, national origin, gender, age, sexual orientation or disability unless any given student organization’s membership restriction is shown to be specifically allowed by law.

E.  Disruptive Conduct

  1. Actions that impair, interfere with, or obstruct the normal operations of the University and/or interfere with the rights of other members of the University community or visitors. This includes intentional occupation of or blocking the entry or exit of University facilities, including but not limited to buildings, classrooms, offices, hallways, entryways, conference rooms and campus grounds.
  2. Actions that impair, interfere with, or obstruct the orderly conduct, processes and functions within any classroom or other instructional setting.  This includes interfering with a faculty member’s or instructor’s role to carry out the normal academic or educational functions of his/her class.
  3. Participating in, leading or inciting others to disrupt scheduled and/or normal campus activities, events and programs.
  4. Intentional obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
  5. Disturbance of any member of the University community or visitor.
  6. Solicitation on campus without prior approval from appropriate University officials.  This includes, but is not limited to, the disbursement of any forms of promotional/informational material on University property or on items (e.g. motor vehicles) on University property, requests for donations, or the selling or vending of any merchandise or services.

F.  Drugs

  1. Possession or use of narcotics, prescription drugs or other controlled substances in violation of local, state or federal drug or narcotic laws.
  2. Distribution, delivery or sale of narcotics, prescription drugs or other controlled substances in violation of local, state or federal drug or narcotic laws.
  3. Possession or use of drug paraphernalia.

G.  Failure to Comply

  1. Failure to comply with a lawful order of a University official, including a campus police officer, in the performance of his/her duty.
  2. Failure to comply with the sanctions rendered during the student judicial process.
  3. Failure to comply with a request to be interviewed by a University judicial officer during the investigation of a conduct code violation.  (Students may choose not to appear and present testimony at a student judicial proceeding after meeting with the judicial officer.)

H.  Falsification/Fraud/False Testimony

  1. Furnishing false information to the University, including false reporting of emergencies, knowingly making false accusations or giving false testimony during the disciplinary process.
  2. Misuse, reproduction, alteration or forgery of any University related documents, records, identification, keys, access codes or property.
  3. Providing a worthless check or money order in payment to the University or to a member of the University community.

I.  Fire and Safety

  1. Damage to, removal of or tampering with any fire safety systems, firefighting equipment or other emergency warning equipment.
  2. Intentional or reckless burning or setting fire to any building or piece of property owned or controlled by the University.

J.  Gambling

Gambling or participation in games of chance on campus for money or other things of value except as provided by law.

K.  Guests

Students are responsible for informing their guests about campus regulations and may be held accountable for the behavior of their guests.

L.  Harassment/Stalking

  1. Conduct (not of a sexual nature) that creates an intimidating, hostile, or offensive campus, educational or work environment for another person or group.
  2. Conduct (not of a sexual nature) that threatens, intimidates, humiliates, or otherwise harms another person or group.
  3. Stalking, defined as following or otherwise contacting, via any means, another person repeatedly for no legitimate purpose, so as to put that person in fear for his/her life or personal safety, or to cause that person substantial emotional distress.  Stalking includes:
    a.    Repeatedly following or harassing another person.
    b.    Contacting a person after being asked or ordered not to contact the person.
    c.    Violating any provision of the Michigan Stalking Law.

M.  Hazing

  1. Any action or activity, committed by either active members, associate members or pledges of an organization, which inflicts or intends to cause physical or mental harm or anxieties, or which may demean, degrade, or disgrace any person, regardless of location, intent or consent of participants. Hazing includes, but is not limited to:
    a. Interference with a student’s academic or work performance.
    b. Forced consumption of any food, alcohol, other drugs, or any other substance.
    c. Forced physical activity.
    d. Deprivation of food or sleep.
    e. Physical acts such as branding and paddling.
    f.Requiring participation in any activity that violates University policies or any local, state or federal law.
    g.Other violations as outlined in the Interfraternity Council, Panhellenic Council or National Pan-Hellenic Council Constitutions.
  2. Any action or situation which intentionally or unintentionally endangers a student who is attempting admission into or affiliation with any student organization.

NOTES:

  1. In cases where the activity is performed by an individual member of a student organization, the total organization may be held responsible, when those members not directly involved participate in said activity by encouraging, witnessing, or condoning the act in any manner.
  2. Any individual and/or organization found guilty of hazing will be subject to a minimum penalty of suspension.


N.  Physical Abuse and Endangerment

  1. Physical violence or attempted physical violence toward another person or group.
  2. Threat of physical violence against another person or group.
  3. Any action that endangers the health, safety or welfare of a person or group.
  4. Attempt to harm, or actual harm to, oneself.

O.  Property/Facilities/Services

  1. Theft of University property or property of a member of the University or visitor.
  2. Damage, destruction, or defacement of University property or property of a member of the University or visitor, including littering.
  3. Wrongful appropriation of University property or property of a member of the University or visitor.
  4. Public posting, selling of, or in any other way, distribution of notes of class lectures, course handouts and outlines, and/or any other University-supplied materials without the express written permission of the instructor.
  5. Unauthorized possession and/or use of University property or property of a member of the University or visitor, including knowingly being in possession of stolen goods.  This includes unauthorized use of vehicles, equipment, services, the University name and logo.
  6. Unauthorized entry into University facilities, including but not limited to buildings, classrooms, hallways, entryways, conference rooms, and campus grounds.
  7. Bringing animals and/or pets into University buildings, except where properly authorized. Use or operation of rollerblades, skates, skateboards, bicycles, and similar items inside University facilities, unless expressly permitted.
  8. Violation of any policy or guidelines pertaining to specific usage of a University facility.

P.  Sexual Misconduct/Sexual Harassment

  1. Any sexual act that occurs without the consent of the other person or occurs when the other person is unable to give consent.
  2. Conduct of a sexual nature that creates an intimidating, hostile or offensive campus, or educational or working environment, for another person.  This includes unwelcome sexual advances or requests for sexual favors, inappropriate sexual or gender-based activities, comments or gestures, or other forms of verbal or physical conduct or communications constituting sexual harassment.
  3. Obscene or indecent behavior, which includes, but is not limited to, indecent exposure or the display of sexual behavior that would reasonably be offensive to others.

Q.  Weapons/Firearms/Explosives

  1. Possession, storage or use of firearms and other weapons, including non-lethal weapons such as pellet guns and paintball guns.
  2. Possession, storage or use of firecrackers, gunpowder, ammunition, explosives or incendiary devices, or other articles or substances which could endanger health or safety.

R.  Other Violations

  1. Violation of any other published or posted University regulations not specifically mentioned in this Section, including, but not limited to, the EMU Policy Manual(s); EMU’S Alcohol and Other Drug Policy; Residence Hall Contract and the Guide to Campus Living; Campus Life Council regulations and guidelines for organizations; Student Government monetary allocation guidelines; EMU published undergraduate and graduate catalogs; EMU’S Athletics Alcohol and Other Drug Education and Testing Policy; and ORD Research Guidelines.
  2. Aiding and abetting another in any violation of laws and/or University policies.
  3. Attempt or intent to commit any violation outlined in the Student Conduct Code.
  4. Off-Campus Conduct as described in the Student Conduct Code, Section III: Jurisdiction.

Section VI: Sanctions for Misconduct

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The purpose of University discipline is to be corrective and educational as well as punitive. The disciplinary experience is intended to make clear to students the limits of acceptable behavior and to give students who violate the rules an opportunity to more fully understand the rules and incorporate the experience into their overall development. Assigned discipline may include a combination of sanctions for a particular incident. The sanctions which may be incurred include, but are not limited to, the following:

A.  Sanctions for Students and/or Student Groups

  1. Verbal Warning: notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
  2. Formal Reprimand: an official written statement of the University’s disapproval of a student’s actions and a warning that any future violation(s) will be dealt with more severely.
  3. Disciplinary Probation: an official notice that the student’s conduct is in violation of the Student Conduct Code but does not warrant suspension or permanent dismissal. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student commits another conduct code violation during the probationary period. During the Probation period, a student will be considered “not in good standing” and may be excluded from some programs and curricular or extracurricular activities, including running for and/or holding office in any student organization.
  4. Suspension: an involuntary separation of the student from the University for a definite period of time and/or until certain conditions for readmission are met. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission. (Suspension requires administrative review and approval by the President or his/her designee.)
  5. Deferred Suspension: the sanction of suspension may be placed in deferred status provided that the student completes other assigned sanctions by the specified deadline dates. Failure to complete all sanctions and provide proof of completion by the deadline date(s) will result in the automatic enactment of the suspension without charges or hearing. If a student is found responsible for another violation of the Student Conduct Code during the period of deferred suspension, the student may be permanently dismissed from the University.
  6. Permanent Dismissal: an involuntary permanent separation from the University. (Permanent dismissal requires administrative review and approval by the President or his/her designee.)
  7. Delay and/or Denial of Degree Award: during the period disciplinary charges are pending against a student, the University may deny and/or delay issuance of a degree. Further, the University may refuse to issue a degree to a student who is serving a suspension or has been permanently dismissed from the University.
  8. Revocation of Degree: an awarded degree may be revoked for violations of the Student Conduct Code, which occur prior to the award of the degree but are discovered after the degree has been awarded, where the violation is sufficient to justify the suspension or permanent dismissal of the student. (Revocation of a degree requires administrative review and approval by the President or his/her designee.)
  9. Other secondary sanctions may be imposed instead of or in addition to those specified above. Secondary sanctions include, but are not limited to:
    1. Restitution (compensation for loss, damage or injury)
    2. Fines (for alcohol or drug violations) First Offense = $100; Second Offense = $200; Third Offense = $300
    3. Community Service
    4. Educational Activities such as a reflective writing assignment or attendance at an event directly related to the violation committed. (e.g., alcohol/drug workshop;,diversity awareness training)
    5. Restrictions (temporary or permanent loss of privileges or the use of a University facility or service)

B.  Sanctions for Student Organizations

  1. Verbal Warning: notice that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
  2. Formal Reprimand: an official written statement of the University’s disapproval of a student organization’s actions and a warning that any future violation(s) will be dealt with more severely.
  3. Disciplinary Probation: an official notice that the student organization’s conduct is in violation of the Student Conduct Code but does not warrant suspension of or permanent termination of the organization’s University status. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student organization commits another conduct code violation during the probationary period. During the Probationary period, a student organization may also be excluded from campus activities, forfeit student monetary allocations and lose Campus Life status.
  4. Suspension: an involuntary withdrawal of student organization status from the University for a definite period of time and/or until certain conditions for renewal of recognition are met. During this time, the University will not in any way recognize nor support the continued operation of said student organization. The student organization must reapply to the University for renewed recognition following any period of suspension. The suspension shall be reported to said organization’s national office, if applicable. (Suspension requires administrative review and approval by the President or his/her official designee.)
  5. Deferred Suspension: the sanction of suspension may be placed in deferred status provided that the student organization completes other assigned sanctions by the specified deadline dates. Failure to complete all sanctions and provide proof of completion by the deadline date(s) will result in the automatic enactment of the suspension without charges or hearing. If a student organization is found responsible for another violation of the Student Conduct Code during the period of deferred suspension, the student organization may have its University status permanently terminated.
  6. Permanent Termination of University Status: an involuntary permanent withdrawal of student organization status from the University. The University will not in any way recognize nor support the continued operation of said student organization. The permanent termination shall be reported to said organization’s national office, if applicable. (Permanent termination requires administrative review and approval by the President or his/her official designee.)
  7. Other secondary sanctions may be imposed instead of or in addition to those specified above. Secondary sanctions include, but are not limited to:
    1. Restitution (compensation for loss, damage or injury)
    2. Fines (for alcohol or drug violations) First Offense = $300; Second Offense = $400; Third Offense = $500
    3. Community Service
    4. Educational Activities such as a reflective writing assignment or attendance at an event directly related to the violation committed. (e.g., alcohol/drug workshop, diversity awareness training)
    5. Restrictions (temporary or permanent loss of privileges or the use of a University facility or service)

C.  Enhanced Sanctions

Any violation of the Student Conduct Code against any individual, group or student organization which is shown to be motivated by the individual’s, group’s or student organization’s racial identity, religion or religious beliefs, disability, national origin, gender, sexual orientation or other personal characteristic will subject a student/student organization to a more severe sanction than would ordinarily accompany that violation.

D.  Counseling Assessments and Counseling

In addition to any sanctions assigned, a student may also be required to undergo a counseling assessment and/or participate in counseling. Issuance of sanctions may be postponed pending the results of the counseling assessment.

Section VII: Organization of the University Judicial System

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A.  University Judicial Board

  1. Composition - The University Judicial Board will consist of five enrolled students and two alternates; two full-time faculty members and one alternate; and two full-time members of the University community and one alternate. A student member must be a student in good standing in order to be selected for and remain on the University Judicial Board.
  2. Selection of Board Members - In consultation with the Director of the Office of Student Conduct and Communiy Standards, student members will be appointed by the Student Government; faculty members will be selected by Faculty Council; and the full-time members from the University community will be selected by the President or his/her designee.
  3. Terms of Office - Board members will be appointed for a two-year term. They may be reappointed by the person or body who appointed them. A Chief Justice will be elected by a majority vote of all of the University Judicial Board members.
  4. Removal from Office - A board member may be removed from the board for poor attendance by a simple majority vote of the total University Judicial Board.
  5. Jurisdiction - The University Judicial Board will serve as the panel to hear the case of any student(s)/student organization seeking resolution of the case through the formal hearing process.
  6. Procedural Considerations
    1. Selection of the University Judicial Board members for any given case depends on the availability of the members at the time scheduled for the hearing.
    2. A quorum for a given hearing will exist with the presence of any five members. During vacation periods or summer session, the University Judicial Board has the authority to convene a disciplinary hearing with only three justices, provided that at least one of those justices is a student.
    3. The Chief Justice will exercise control over the proceedings.

B.  Judicial Appeals Board

  1. Composition - The Judicial Appeals Board will consist of two enrolled students; two full-time faculty members; and two full-time members of the University community. A student member must be a student in good standing in order to be selected for and remain on the Judicial Appeals Board.
  2. Selection of Board Members - In consultation with the Director of Student Judicial Services, student members will be appointed by the Student Government; faculty members will be selected by Faculty Council; and the full-time members from the University community will be selected by the President or his/her designee.
  3. Terms of Office - Board members will be appointed for a three-year term. They may be reappointed by the person or body who appointed them. A Chief Justice will be elected by a majority vote of all of the Judicial Appeals Board members.
  4. Removal from Office - A board member who is consistently unavailable for appellate reviews may be removed from the board by a simple majority vote of the total Judicial Appeals Board.
  5. Jurisdiction - The Judicial Appeals Board will serve as the panel to review decisions rendered by the University Judicial Board during the formal hearing process. Both the charged party and the University will have the right to appeal a University Judicial Board decision.
  6. Procedural Considerations
    1. Selection of the Judicial Appeals Board members for any given case depends on the availability of the members at the time scheduled for the appeal.
    2. A quorum will exist with the presence of the Chief Justice and any two other Judicial Appeals Board members, except that any three Judicial Appeals Board members may hear the appeal if the Chief Justice can not be available within a reasonable time, not to exceed 14 work days from the date of receipt of the written appeal.

Section VIII: Rights of Charged Student(s)/Student Organizations in Disciplinary Proceedings

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The following rights apply to a student conduct proceeding that has reached the level of a formal hearing, except that Rights One through Four apply also to any investigative meeting held with Student Judicial Services and to the Informal Disposition Conference. Student(s)/student organizations will have the right to:

  1. Remain silent and not have that silence used against them.
  2. Have a voluntary adviser present who may participate in the proceedings. The adviser must be a member of the University community, and if the adviser is another EMU student, she/he must be a student in good standing.
  3. Engage an attorney, at the student/student organization’s own expense, only when criminal prosecution is pending on charges stemming from the same incident. The attorney may appear at the proceedings with the student(s) to provide advice, but may not represent the student(s)/student organization, directly question or cross-examine witnesses, or, in any other way, participate in the proceedings.
  4. Be given a written statement of the charges against them, in accordance with the provisions of Section IX.B. of the Student Conduct Code.
  5. Adequate notice of dates set for all hearings, and related conferences and meetings.
  6. Reasonable review of the disciplinary case file maintained by Student Judicial Services prior to a formal hearing and/or appeal.
  7. Question and cross-examine the complainant and all witnesses.
  8. Present witnesses and submit any pertinent, supportive documentation. The hearing board, by a 2/3 vote of members present at the hearing, may limit the number of witnesses in order to avoid dilatory tactics.
  9. An open or closed hearing. A hearing will be considered open if no person is excluded until the room’s capacity has been reached except that a person may be removed if his/her behavior is disruptive to the hearing process. A closed hearing will include only the charged student(s)/student organization, Student Judicial Services official(s), witnesses and members of the particular judicial board hearing the case.
  10. Challenge a judicial board member on the grounds of bias, conflict of interest or any other factor that could preclude the board member from rendering an impartial and fair decision. The board member may be disqualified upon majority vote of the remaining members of the board present at the hearing, conducted by secret ballot. If the board votes to exclude the challenged board member from that particular hearing, the hearing will continue with the remaining board members present, even if the number of board members remaining is less than the number required by the Student Conduct Code to reach a quorum for that hearing.
  11. A written statement of the outcome of the proceeding, and a description of the appeal procedure.
  12. Make a taped recording of the proceeding at their own expense.
  13. Appeal the decision of the University Judicial Board, subject to the provisions of the Student Conduct Code, Section IX.E: Appeal of Formal Hearing Results.

Section IX: University Disciplinary Procedures

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A.  Reporting

Any member of the University community may initiate a complaint against a student or student organization for an alleged violation of the Student Conduct Code through the Student Judicial Services office. A complainant shall submit the complaint to the Student Judicial Services office within a reasonable amount of time from the date he/she becomes aware of the alleged violation. For purposes of this Code, an incident report generated by the Department of Public Safety or an incident report generated by University Housing will be considered a complaint to be reviewed by Student Judicial Services for possible Student Conduct Code violations.

B.  Charges and Notice

  1. The Office of Student Conduct and Community Standards will investigate each complaint, and if the circumstances surrounding the complaint indicate that a violation of the Student Conduct Code may have occurred, disciplinary charges may be issued. The student(s)/student organization will be notified of the charges in writing. Notice of the charges will be considered adequate if it is sent to the student(s)/student organization’s last known address registered with the University or to the address given by a student on either an EMU Department of Public Safety’s Incident Report or on a Housing Incident Report.
  2. Proper written notice to a student/student organization will include the following:
    1. Recitation of facts surrounding the incident, in as sufficient detail as possible as to date, time, and location;
    2. Statement of the specific Conduct Code provision(s) violated;
    3. Any penalty assigned or other action taken;
    4. Amount of time the student(s)/student organization has to respond to the notice;
    5. Ramifications of not responding to the notice within the time limit; and
    6. Copy of “Rights of Charged Students/Student Organizations in Disciplinary Proceedings.”
  3. Student Judicial Services may place a judicial hold on a student’s academic record, and/or may go forward with disciplinary action against a student/student organization in either of the following situations:
    1. The student or student organization fails to respond to a charge letter sent by Student Judicial Services within the applicable time limit.
    2. The student withdraws from the University after allegedly committing a violation, whether or not the office of Student Conduct and Community Standards has yet had the opportunity to charge the student with a Conduct Code violation.
    3. The student/student organization fails to appear at the scheduled formal hearing or appeal hearing.

C.  Disposition of Cases

  1. disciplinary case may be handled in one of the following two formats:
    1. Informal Disposition Conference - The student(s)/student organization representative and a Office of Student Conduct and Community Standards officer will meet informally to discuss the alleged violation(s). If the substantive facts and sanction(s) can be agreed upon by the judicial officer and the charged student(s), a disciplinary action agreement will be prepared and signed by both sides. A signed disciplinary action agreement will constitute a waiver of the right to a formal hearing and any appeal, and an acceptance of the finding(s) and sanction(s). The President or his/her designee must approve any suspension, permanent dismissal or permanent termination of a student organization’s University status.
    2. Formal Hearing - If, during the informal disposition conference, the student(s)/student organization disputes the findings by the Office of Student Conduct and Community Standards that a violation has occurred or if an appropriate sanction(s) cannot be agreed upon, the case will be referred to the University Judicial Board for a formal hearing.

D.  Procedures for Formal Hearings

  1. Notice of Hearing - After the formal hearing is scheduled, the Office of Student Conduct and Community Standards will notify the student(s)/student organization involved of the date, time and place of the hearing and of the pre-conference.
  2. Pre-conference - At least two days prior to the formal hearing, a pre-hearing conference will be scheduled by the Office of Student Conduct and Community Standards for any charged student(s)/student organization. The two day requirement may be modified by mutual consent of the charged student(s)/student organization and Student Judicial Services. The conference will include the presiding officer of the University Judicial Board or a designee, the Director of the Office of Student Conduct and Community Standards or a designee, any individual designated to represent the University, and the charged student(s)/student organization and their adviser.

    The purpose of the prehearing conference will be to identify those issues and facts which will be presented at the hearing, to exchange information as to witnesses likely to be called, to answer procedural questions, and to settle those matters which may be agreeably concluded. The conference will not be used to settle the issue of whether or not the violation was committed or to challenge any recommended sanctions. Failure of the charged student(s)/student organization or the adviser to appear will in no way affect any of their procedural rights and will not prohibit a hearing from being set and being held.
  3. Formal Hearing Premises - The following premises will govern any formal hearing:
    1. The focus of inquiry in a University hearing will be the determination of whether a violation of University rules occurred, and such decision will be totally unrelated to any criminal or civil decisions against the student(s)/student organization arising from the same incident.
    2. Formal rules of evidence will not apply to University proceedings, nor will deviations from these prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to the charged student(s)/student organization or the University may result.
    3. The charged student(s)/student organization will be presumed to have not violated the Student Conduct Code until it is proven otherwise.
    4. The burden of proof during a formal hearing will rest with the University. The University must prove its case by a preponderance of the evidence, meaning that the evidence, considered in its entirety, indicates that, more likely than not, the charged student(s)/student organization committed the violation(s).
    5. The Student Judicial Services officer may recommend a sanction to the University Judicial Board during the formal hearing, but the University Judicial Board will have the authority to reject the recommendation and issue any sanction(s) deemed appropriate.
    6. All formal hearings will be tape-recorded. Tapes will remain the property of the University and will serve as the official record of the proceedings.
  4. Disposition of the Case
    1. University Judicial Board decisions as to culpability of the charged student(s)/student organization and sanctions to be issued will be made by a simple majority of the University Judicial Board members present at the hearing. After hearing the case, board members will go into closed session to reach a decision.
    2. Decisions of the University Judicial Board will be in writing. The decision will state what rule was violated, the behavior constituting the violation, and any sanctions issued. Within two working days, the written decision will be submitted to the Director of Student Judicial Services. If the recommended sanction is not a suspension, permanent dismissal of the student or permanent termination of University status, the Director of Student Judicial Services will mail the decision to the student(s)/student organization within two working days after being submitted to that office by the University Judicial Board.
    3. If the recommended sanction is either a suspension, permanent dismissal or permanent termination of University Status, the Director of Student Judicial Services will submit the decision to the President or his/her designee for review. The President or his/her designee will either accept or reject the University Judicial Board’s decision to suspend, permanently dismiss the student, or permanently terminate the University status of a student organization. If the decision is rejected, the President or his/her designee will provide to Student Judicial Services a written rationale for the rejection of the University Judicial Board’s sanction. A rejection of the University Judicial Board’s sanction will constitute an automatic appeal to the Judicial Appeals Board.
    4. The President or his/her designee will have five working days after submission of the University Judicial Board’s decision to take action. If no action is taken during that time, the University Judicial Board’s decision will be considered approved.
    5. Student Judicial Services will mail the written decision to the student(s)/student organization within one working day following any presidential action. If the five working days lapse without the President or his/her designee taking action, Student Judicial Services will mail the University Judicial Board’s written decision to the student(s)/student organization on the sixth working day following the submission of the decision to the President or his/her designee for review.

E.  Appeal of Formal Hearing Results

  1. Right to Appeal - Student(s)/student organizations or the University (represented by Student Judicial Services) may request that the University’s Judicial Appeals Board review the decision rendered at the conclusion of the formal hearing process. Student(s)/student organization(s) may challenge the finding of the University Judicial Board that a violation occurred and/or the sanction(s) assigned. Conversely, the University may challenge the finding of the Board that no violation occurred or that the sanction(s) issued were not severe enough for the violation committed.
  2. Appeal Process for Student(s)/Student Organizations - The following steps should be followed by student(s)/student organizations in order to file an appeal:
    1. A written request for an appeal must be submitted to Student Judicial Services within seven working days from the date of the written decision from the formal hearing. The appeal will be immediately forwarded to the Judicial Appeals Board for consideration. Unless extenuating circumstances can be shown, failure to appeal within the allotted time will render the University Judicial Board’s decision final.
    2. The written request for an appeal must state the grounds for appeal (citing the appropriate grounds from the “Grounds for Appeal” list below); a discussion of the evidence and facts in support of the appeal; and a recommended solution.
    3. The request for an appeal must be typed and should include any supporting documentation that should be considered by the Judicial Appeals Board.
    4. Grounds for Appeal - The following will be considered the only grounds for an appeal:
      1. There were procedural errors in the case or in the interpretation of University rules and regulations serious enough to deny the student(s)/student organization a fair hearing.
      2. There is new evidence of a substantive nature not previously available at the time of the hearing, which would have materially affected the decision.
      3. The severity of the sanction is disproportionate to the violation(s) committed.
      4. The decision of the Board was not supported by the evidence presented at the hearing.
  3. Appeal Process for the University - The following steps should be followed by the University in order to file an appeal:
    1. A written request for an appeal must be submitted by Student Judicial Services to the Judicial Appeals Board within seven working days from the date of the written decision from the formal hearing. A copy of the appeal will also be made available to the student(s)/student organization. Unless extenuating circumstances can be shown, failure to appeal within the allotted time will render the University Judicial Board’s decision final and conclusive.
    2. The written request for an appeal must state the grounds for appeal (citing the appropriate grounds from the “Grounds for Appeal” list below); a discussion of the evidence and facts in support of the appeal; and a recommended solution.
    3. The request for an appeal must be typed and should include any supporting documentation that should be considered by the Judicial Appeals Board.
    4. Grounds for Appeal - The following will be considered the only grounds for an appeal:
      1. There were procedural errors in the case or in the interpretation of University rules and regulations serious enough to affect the University’s chance of proving its case.
      2. The sanction is too lenient given the violation(s) committed.
      3. There is new evidence of a substantive nature not previously available at the time of the hearing, which would have materially affected the decision.
      4. The decision of the Board was not supported by the evidence presented at the hearing.
  4. Scheduling an Appeal
    1. The Judicial Appeals Board will convene an appeal hearing as soon as possible after receiving the written appeal. A quorum will exist with the presence of the Chief Justice and any two other board members, except that any three board members may handle the appeal if the Chief Justice cannot be available within a reasonable time, not to exceed 14 calendar days from the receipt of the written appeal.
    2. After the appeal is scheduled, Student Judicial Services will notify the student(s)/student organization involved of the date, time and place of the hearing.
  5. Appeal Hearing Premises - The following premises will govern any appeal hearing:
    1. Deviations from these prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to the charged student(s)/student organization or the University may result.
    2. On appeal, the burden of proof rests with the appellant to clearly exhibit that one of the four grounds for an appeal has been met; this is not a rehearing of the entire case.
    3. All appeal hearings will be tape-recorded. Tapes will remain the property of the University and will serve as the official record of the proceedings.
    4. Any sanction(s) issued by the University Judicial Board will not take effect until the appeal process is completed.
  6. Disposition of the Appeal
    1. Prior to the appeal hearing, the Judicial Appeals Board will meet in closed session to review the written decision of the University Judicial Board, the written appeal, any supporting documentation provided by the Appellant, and the tape recording of the formal hearing.
    2. After reviewing the case materials, the Judicial Appeals Board will convene the Appeal Hearing and call in both parties to the appeal. The student(s)/student organization may bring an adviser to the Hearing who may speak on their behalf. The adviser must be a member of the University community, and if the adviser is a student, he/she must a student in good standing.
    3. The party who filed the appeal will be allowed 15 minutes to present his/her case to the Judicial Appeals Board. The Board members may then ask questions of the appellant. The opposing side will then be given 15 minutes to present its counter-arguments, after which the Board members can ask questions of that party.
    4. The Judicial Appeals Board will again go into closed session to reach a decision in the case, then reconvene the Hearing and read its decision. The decision will be made by a simple majority of the Judicial Appeals Board members present at the hearing.
    5. The Judicial Appeals Board may take one of the following actions:
      1. Uphold the decision of the University Judicial Board in its entirety.
      2. Alter the sanctions imposed by the University Judicial Board except that the Board cannot increase the severity of the sanctions if the appeal was filed by the student(s)/student organizations.
      3. Send the case back to the University Judicial Board for a new hearing only if there were errors in procedures or interpretation of University rules and regulations or there is new evidence in the case. A decision issued by the University Judicial Board in a case sent back to it by the University Appeals Board may not be appealed again and will be the final decision, pending approval by the President or his designee in accordance with sub-section F below.
      4. Dismiss the case against the student(s)/student organization.
    6. In cases where the Judicial Appeals Board, or the University Judicial Board upon a rehearing of the case, issues a suspension, permanent dismissal of the student or permanent termination of University status of a student organization, the decision will be sent to the President or his/her designee for review. The President or his/her designee will have five working days after submission of the decision to either affirm or alter the decision. This decision will be final. If no action is taken during that time, the appellate decision, or the decision from a re-hearing, will be considered approved.
    7. Student Judicial Services will mail the written decision to the student(s)/student organization within one working day following any presidential action. If the five working days lapse without the President or his/her designee taking action, Student Judicial Services will mail the written decision to the student(s)/student organization on the sixth working day following the submission of the decision to the President or his/her designee for review

Section X: Special Disciplinary Provisions Governing Acts of Academic Dishonesty

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  1. Academic dishonesty is both an academic matter between a student and his/her faculty member and a violation under the Student Conduct Code subject to University disciplinary action. An act of academic dishonesty may and should be handled by the faculty member, the student, and, if appropriate, the faculty member’s department head and/or the dean over that particular academic department. Sanctions that can be assigned by a faculty member range from giving a reduced grade on the particular work in question to failing the student for the entire course. In addition, some academic departments and programs have their own policies for dealing with academic dishonesty and/or violations of Professional Codes of Ethics which allow the department or program to impose sanctions ranging from probation to program dismissal. A sanction assigned by a faculty member and/or an academic department or program is an academic, not a disciplinary, sanction.
  2. If the matter is resolved satisfactorily between the student and the faculty member, and the faculty member decides not to refer the student for University disciplinary action, the faculty member may still report the incident to Student Judicial Services. Student Judicial Services will maintain a record of the reported incident and may elect to pursue University disciplinary action against a student who is reported to that office for a subsequent act of academic dishonesty.
  3. If the faculty member decides that a stronger sanction is needed instead of or in addition to any academic sanctions assigned by that faculty member, the incident may be referred to Student Judicial Services for review and possible University disciplinary action. Once the referral is made to Student Judicial Services, the incident will be handled in the same manner as would any other allegation under the Student Conduct Code.
  4. In cases where the student denies the allegation of academic dishonesty, the faculty member may elect to postpone assigning any academic sanctions until after the student has gone through the University disciplinary process. If, at the end of that process, the charge of academic dishonesty is upheld, the faculty member may then assign an academic sanction. The academic sanction is independent of any disciplinary actions taken against the student by the University.
  5. Academic sanctions assigned by the faculty member in agreement with the student or assigned by the faculty member after the charge of academic dishonesty has been validated through the University disciplinary system cannot be grieved under the University’s Grade Grievance Procedure.

Section XI: Special Provisions Governing the University Recognition and Conduct of Greek Letter Social Organizations

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  1. Because of the importance of the Greek social system and because of the unique circumstances under which it operates, the following conditions have been established between the University and the Greek social organizations. These provisions set out the requirements for maintaining University recognition and good standing and delineate specific violations that may be handled through the Greek system’s own judicial process rather than under the University’s Student Conduct Code.
  2. The University reserves the right to retain jurisdiction over cases in which the conduct violates both these provisions and the University’s Student Conduct Code and the University determines that the misconduct is of such severe nature as to impair, obstruct, interfere with or adversely affect the mission, processes or functions of the University.
  3. The University may take action against an individual member of a student organization for misconduct that is a violation both of this provision and of the Student Conduct Code, regardless of any separate disciplinary action taken against the student organization.
  4. This section of the Student Conduct Code applies only to the relationship between the University and the Greek social organizations and has no bearing on relations between chapters and national and/or alumni agreements.
  5. Good standing must be maintained in order for Greek social organizations to participate in Greek-sponsored activities. Failure to do any of the following will constitute a violation of these provisions of the Student Conduct Code and will subject the Greek social organization to disciplinary action, including possible loss of good standing, as described within these provisions under subsections F and G:
    1. Registering annually as a recognized student organization with the Office of Campus Life;
    2. Participating in the appropriate Greek governing bodies (Greek Council and either Black Greek Council, Interfraternity Council or Panhellenic Council);
    3. Submitting roster and grade release forms for active members and pledges/associates during the first month of the semester;
    4. Following all rules and guidelines for Greek Rush; and
    5. Abiding by all terms and conditions of the alcohol and controlled substance guidelines below:
      1. The possession, use and/or consumption of alcoholic beverages while on chapter premises during an official event or in any situation sponsored or endorsed by the chapter or organization must be in compliance with any and all applicable laws and University rules and policies.
      2. No chapter or organization members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to anyone under the legal drinking age.
      3. The possession, sale, and/or use of any illegal or controlled substance at any chapter, organization or University-sponsored event are strictly prohibited.
      4. Alcohol or controlled substances will be prohibited at any and all rush activities.
      5. Open parties where alcohol is provided by the host chapter, meaning those with unrestricted access by nonmembers of the organization without specific invitation, will be prohibited.
      6. All organizations must provide, at no charge, an alternative nonalcoholic beverage and food at any event where alcohol is provided.
      7. There will be no solicitation or encouragement of alcohol consumption by contest or promotion at any chapter event where alcoholic beverages are present.
  6. Greek organizations whose members are in violation of this policy, regardless of whether the individuals are identified, will be subject to one or more of the sanctions listed in the Student Conduct Code, Section VI.B: Sanctions for Student Organizations.
  7. The following process will be utilized in any incident alleging a violation of these policy provisions by a Greek social organization:
    1. The incident will be referred to the respective Greek Judicial Board for hearing and original adjudication (i.e., sorority cases will be handled by the Panhellenic Council, fraternity cases will be heard by IFC, and black Greek cases will be heard by the Black Greek Council). Each Greek Council will establish its own judicial board and its own set of hearing procedures for handling the incident. The chair of the respective Greek Judicial Board will immediately inform Student Judicial Services about any incident referred to it.
    2. A decision rendered by the respective Greek Judicial Board may be appealed either by the party alleging the violation or by the Greek social organization being accused of a violation. The appeal will be made to the Greek Council Judicial Board, which may accept, modify or reject any sanction issued by the Greek Judicial Board.
    3. Student Judicial Services will receive written transcripts of all final judicial decisions, whether from the respective Greek Judicial Board (if there was no appeal of its decision) or from the Greek Council Judicial Board (for decisions that were appealed). Student Judicial Services will review the decision and may accept or reject the proposed sanctions.
    4. In the event Student Judicial Services rejects the final decision, the Director will provide a written explanation of the rejection and a recommended alternative.
    5. In the event that Student Judicial Services and the Greek board rendering the final decision cannot reach an agreement, the case will be referred to the Eastern Michigan University Judicial Appeals Board as outlined in the Eastern Michigan University Student Conduct Code. In this instance Student Judicial Services will notify the national or international headquarters of the organization involved. In the case of local organizations, the Alumni Association will be notified.

Section XII: Interim Suspensions and Other Interim Sanctions

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  1. For alleged violations of this Code, interim sanctions, including but not limited to interim suspension, reassignment to alternate housing, limitation of access to designated University housing facilities and/or campus facilities by time and location, and limitation of privilege to engage in specified University activities, may be imposed by the President or his/her designee. Such interim sanctions are to be utilized only when there is reason to believe that the student(s)/student organization’s conduct poses a substantial threat of harm to oneself or others, threatens or endangers University property, or disrupts the stability and continuance of normal University operations and functions.
  2. For interim suspensions only, a student will be denied access to the residence halls, and/or to the campus (including classes), and to all other University activities or events which the student might otherwise be eligible to participate in or attend. A student organization will lose its University student organization status and will be denied access to any University activities or events which the student organization might otherwise be eligible to participate in or attend.
  3. A student/student organization will be notified of an interim sanction or interim suspension, orally, by written notice served on the student/student organization or by written notice sent to the last address on record. The interim sanctions or interim suspension take effect the day issued by the President or his/her designee.
  4. A student/student organization issued an interim suspension or interim sanctions will be given an opportunity to appear before the Vice President of Student Affairs or a designee within three working days in order to discuss the following issues only:
    1. the reliability of the information concerning the student/student organization’s alleged misconduct.
    2. whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to himself/herself, to others, or to property.
  5. The Vice President for Student Affairs or his/her designee may affirm or alter the interim sanctions or interim suspension based on the discussion with the student/student organization. If the decision is affirmed, the Vice President or his/her designee will inform the student/student organization of that decision at the conclusion of the discussion. Regardless of whether the interim sanctions or interim suspension is affirmed or altered, the Vice President or his/her designee will direct that a formal hearing before the University Judicial Board take place within 10 days. If the University fails to schedule the formal hearing within the 10 day period, the interim sanctions or interim suspension will cease although the original charges will not be dropped and will still be handled through the University’s disciplinary process.

Section XIII: Emergency Powers of the President

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  1. The President, as Chief Executive Officer of the University, is charged with the maintenance of that degree of order and safety necessary to the successful continuation of the University’s lawful mission, and he/she is further charged with the authority to protect the members of the University community and University property.
  2. When faced with mass disruptions, activity of a violent and destructive nature, or other dangerous violations of University rules of a serious enough nature to threaten the University, the President, after consultation with and approval of the Board of Regents, may declare a “state of emergency” and do any of the following:
    1. Impose and have enforced a curfew on all or portions of the University campus.
    2. Curtail or suspend services.
    3. Close the University or portions of the University entirely for the period of emergency.
    4. Issue an emergency suspension and forbid the presence on campus of any student(s)/student organization(s) if they have been sufficiently identified to him/her as participants in activities which violated University policy and led to the conditions described above. Suspensions issued under this section of the code are effective immediately upon notice to the student(s)/student organization(s).
    5. Appoint a Special Hearing Board on an ad hoc or extraordinary basis to make a recommendation as to whether any emergency suspensions issued should be continued. The Special Hearing Board will convene and make its recommendations to the President within seven calendar days from the effective date of the emergency suspension. Regardless of the recommendation to the President as to the continuation of the emergency suspension, the President will direct Student Judicial Services to convene a formal hearing before the University Judicial Board within 10 days of the date of the Special Hearing Board’s recommendation to the President in order to rule on the original charges brought against the student(s)/student organization(s).
    6. Take other actions that may be explicitly stated in or implied by any laws governing the authority of the University and/or the President in emergency situations.
  3. Note:
    Due to the unique circumstances and severe conditions that would lead the President to exercise any of his/her emergency powers, an emergency suspension issued under this section of the Code is to be considered different from an interim suspension issued under the conditions stated in Section XIII. The issuance and review of an emergency suspension will be handled in accordance with the procedures outlined above in subsections 4 and 5.
  4. The Board of Regents, regardless of granting any emergency powers to the President, in no way restricts its own powers and prerogative to carry out its obligations and duties as imposed by the Constitution and laws of the state of Michigan.

Section XIV: Student Disciplinary Files and Records

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  1. Student Judicial Services will establish a student disciplinary file whenever a case is referred for investigation of a possible Conduct Code violation. A student or student organization’s file will be destroyed if the investigation indicates that no violation occurred. The file of a student/student organization found to have violated the Conduct Code will be retained for four years from the date of the sanction or until the student’s graduation from the University, whichever comes first. Student conduct records may be retained longer or permanently if the student was suspended or permanently dismissed or if there is reason to believe the case could result in future litigation.
  2. A notation will be made on the student’s official University transcript if the student was suspended, permanently dismissed or given an “E” grade in a course as a result of academic dishonesty.
  3. The release of student disciplinary records will be governed by applicable federal and state laws governing the privacy of educational records.

Section XV: Review of the Student Judicial System

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  1. Student Judicial Services will convene a Student Judicial System Review Committee at least every four years that will be responsible for carrying out the following tasks:
    1. Reviewing the goals and effectiveness of the University’s disciplinary system;
    2. Reviewing the effectiveness of the types of sanctions issued;
    3. Recommending changes to the Student Conduct Code;
    4. Recommending changes in the judicial processes and procedures established and followed by Student Judicial Services; and
    5. Recommending training sessions and publications on topics related to the mission of Student Judicial Services to educate the campus community about student conduct and the campus judicial processes.
  2. The Committee will be appointed and chaired by the Director of Student Judicial Services and will include one representative from the following areas: Ombudsman; Legal Affairs; Housing; Health Services; Counseling Services; Student Government; Faculty Council; Department of Public Safety; Chief Justice of the University Judicial Board; and Chief Justice of the Judicial Appeals Board.

    Amendments to the Student Conduct Code that receive the support of the Review Committee will be forwarded, in accordance with University procedures, to the Board of Regents for approval.

University Alcohol and Other Drug Policy

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The University is committed to promoting and maintaining a work and academic environment that is free from illegal alcohol and drug use and abuse, in accordance with all federal, state, and local laws. Students and employees are prohibited from reporting to work or working under the influence of alcohol or drugs.

Employees may not consume, possess, distribute, or be under the influence of alcoholic beverages on University property or while on University business (except at University functions at which use of alcohol is approved). Employees, students, and campus visitors aged twenty-one (21) years or older, consuming alcohol at University functions or while on University business, where such use is approved, are expected to use alcohol responsibly and not engage in illegal, unprofessional, or disruptive behavior.

Students and campus visitors who have attained the legal drinking age of twenty-one (21) years of age may possess and consume alcoholic beverages only at approved University functions or in residence hall rooms of students who have attained the legal drinking age. Those under twenty-one (21) years of age are not permitted to consume or possess alcoholic beverages at any time.

Students, employees and visitors are prohibited from dispensing, selling or supplying alcoholic beverages to a person under the legal drinking age as defined by Michigan law.

Students, employees, and visitors are prohibited from possessing, consuming, manufacturing, dispensing, or being under the influence of illegal drugs or engaging in improper self-medication while on University property or University business.

Any member of the University community who violates this policy is subject to both prosecution and punishment under federal, state and local laws and to disciplinary proceedings by the University.

This policy is not designed to punish people for seeking rehabilitation. All information about those individuals who voluntarily avail themselves of drug or alcohol counseling or rehabilitation services will remain confidential. Seeking counseling or rehabilitation will not be used as a basis for disciplinary action or be used against an individual in any way.

University employees and students who violate this policy shall be informed about and referred to services to assist them in determining whether they are abusing drugs and alcohol or are chemically dependent. If a problem is found to exist, the individual will be referred to resources to assist him/her in overcoming the drug or alcohol abuse pattern. This referral or assessment shall not limit the University’s ability to pursue appropriate disciplinary action, up to and including termination or expulsion, when an employee or student has violated this policy or any other University policy.

This policy shall not add to or supersede union contracts or established employee work rules.

Health Risks of Alcohol and Other Drugs

  • ALCOHOL Loss of concentration and judgment, slowed reflexes; disorientation leading to higher risk of accidents and problem behavior; risk of liver and heart damage, malnutrition, cancer and other illnesses; can be highly addictive to some persons.
  • AMPHETAMINES Can cause rushed, careless behavior - pushing beyond your physical capacity, leading to exhaustion; tolerance increases rapidly; causes physical and psychological dependence; withdrawal can result in depression and suicide; continued high doses can cause heart problems, infections, malnutrition, and death.
  • CANNABIS Causes permanent damage to lungs, reproductive organs and brain function; slows reflexes; increases forgetfulness; alters judgment of space and distance.
  • COCAINE Causes damage to respiratory and immune systems; induces malnutrition, seizures and loss of brain function. Some forms (such as “crack”) are highly addictive.
  • HALLUCINOGENS (PCP, LSD, Ecstasy) Causes extreme distortions of what’s seen and heard; induces sudden changes in behavior, loss of concentration and memory; increases risk of birth defects in user’s children; overdose can cause psychosis, convulsions, coma, and death. Frequent use can cause permanent loss of mental function.
  • NARCOTICS (Heroin, morphine, opium, codeine) Tolerance increases rapidly; causes physical and psychological dependence; overdose can cause coma, convulsions, respiratory arrest, and death; leads to malnutrition, infection and hepatitis; sharing needles is a leading cause of the spread of HIV and Hepatitis; highly addictive.
  • SEDATIVES Tolerance increases rapidly; produces physical and psychological dependence; causes reduced reaction time, and confusion; overdoses can cause coma, respiratory arrest, convulsions, and death; withdrawal can be dangerous; in combination with other controlled substances can quickly cause coma and death.

Assistance Available to Faculty, Staff, and Their Families at EMU:
    Ceridian/LifeWorks        877.234.5151
    www.lifeworks.com       800.999.3004
    
Assistance Available to Students at EMU:
University Health Services:
    Counseling Services        734.487.1118
    Health Education Program    734.487.2226

Department of Public Safety        734.487.1222

Alcohol and Other Drug Abuse Treatment Services Available in S.E. Michigan

Adrian

  • Emma Bixby Medical Center and Satellite Sage Center for Substance Abuse Treatment 517.265.0411

Ann Arbor/Ypsilanti Area

  • St. Joseph’s Mercy Hospital Chemical Dependency Services, 734.786.4900, website: www.sjmh.com
  • Ann Arbor Consultation Services, 734.996.9111
  • U of M Addiction Treatment Services (UMATS), toll free 800.828.8020 or 734.232.0600
  • Alcoholics Anonymous, 734.482.5700, Huron Valley Area Intergroup, website: www.hvai.org
  • Narcotics Anonymous for Washtenaw & Livingston County, 734.913.9839
  • Dawn Farm, 734.485.8725 or 734.669.8265
  • Washtenaw County Health Services Access (for those with no ability to pay), 800.440.7548 or 734.544.3050


Brighton/Livingston County

  • Brighton Hospital, 888.215.2700 or 810. 227.1211, web site: http://brightonhospital.org/
  • Narcotics Anonymous for Washtenaw & Livingston County, 734.913.9839

 

Detroit Metropolitan Area

  • Alcoholics Anonymous for Detroit or Wayne County, 313.831.5550
  • Narcotics Anonymous, 248.543.7200
  • Insight Recovery Centers, 248.524.9530, web site: www.insightrecovery.org/wayne.htm  
  • Eastwood Clinics: website: www.stjohn.org
    • Dearborn, 313.583.0735
    • Detroit (Gratiot & 8 Mile), 313.369.5000

Flint

  • Insight Recovery Centers, 810.733.0900 or 800.356.4357 web site: www.insightrecovery.org
  • Community Recovery Services, 810.744.3600
  • Narcotics Anonymous, 810.238.3636
  • Alcoholics Anonymous, 810.234.0815


Jackson

  • Washington Way, 517.782.4001
  • Alcoholics Anonymous in Jackson, 517.789.8883


Toledo

  • Alcoholics Anonymous, 419.380.9862
  • Narcotics Anonymous, 800.587.4232
  • Toledo Hospital Alcohol & Drug Assessment and Treatment Center
    • Inpatient: 419.291.2351
    • Outpatient/assessment: 419.291.2300

Sanctions for Violations of Laws & Policies:

The laws of the State of Michigan and Eastern Michigan University’s policies and rules prohibit the consumption or possession for personal consumption of alcoholic beverages by persons less than 21 years of age.  Further, Michigan laws and University policies prohibit the sale, service or giving of alcoholic beverages to persons under the age of 21.  Eastern Michigan University’s policies and rules, local ordinances and laws, state laws and federal laws also prohibit the unlawful possession, use and/or distribution of illicit drugs and alcohol.

Community Sanctions:
Violations of laws and ordinances may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions which include, but are not limited to, the following:
 

  • Fines as determined under local, state or federal laws.
  • Imprisonment, including up to life imprisonment, for possession of more than 650 grams or trafficking in drugs such as Heroin and Cocaine.
  • Forfeiture of personal and real property.
  • Denial of federal benefits such as grants, contracts, and student loans.
  • Loss of driving privileges.
  • Required attendance at substance abuse education or treatment programs.
  • Federal laws prohibit possession, use, distribution, manufacture or dispensing.


A full description of federal sanctions for drug felonies can be found at:  www.usdoj.gov/dea/agency/penalties.html

University Sanctions:
Violation of University policies and rules will be subject to campus disciplinary review and action, as follows:

Faculty and Staff:
Disciplinary action will be taken as per applicable collective bargaining agreements and University policy up to and including termination of employment.

Information about violations related to tobacco use can be found under EMU Tobacco Use policy.

Students:
Disciplinary action will be taken by Student Judicial Services under the Student Conduct Code and may include sanctions ranging from formal reprimand to permanent dismissal, in addition to counseling and/or referral to a substance abuse educational/intervention program.  In certain circumstances, parents of a student under 21 years old will be notified about the drug or alcohol violation, as per Eastern Michigan University’s policy on Parental Notification. The FERPA policy can be found at www.emich.edu/registrar/ferpa.htm.

Information about violations related to tobacco use can be found under EMU Tobacco Use policy.

In addition to University-level action taken under the Student Conduct Code, other University departments maintain internal policies and rules regarding alcohol and other drugs and may impose sanctions against students and/or student groups which violate these policies.  For example, University Housing, Athletics, Greeks, Study Abroad and several academic departments have policies addressing alcohol and other drugs.  Any action taken under one policy does not prevent action being taken under any other policy.

Employee Reporting Requirement:

Under the Drug Free Schools and Communities Act Amendments of 1989, a faculty or staff member employed under a federal grant or contract must notify the University (Human Resources, Employee Relations, 734.487.0083; or Academic Human Resources, 734.487.0076, in writing, of his or her arrest or conviction for violation of any criminal drug statute occurring in the workplace or while on University business no later than five days after such arrest or conviction.

Review of EMU’s Alcohol and Other Drug Abuse Prevention Program:

The University will review its Alcohol and Other Drug Abuse Prevention Program every 2 years to determine its effectiveness and implement changes to the program as needed and to ensure that the disciplinary sanctions applied by the University are consistently enforced.
 

EMU Policy on Notification to Parents of Drug and Alcohol Violations

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  1. When the University has determined that a student has committed a second disciplinary violation with respect to campus rules regarding the use or possession of drugs or alcohol, the University will disclose to parents or legal guardians such information if the student is less than 21 years of age.
  2. Parents will be notified of a first disciplinary violation with respect to campus rules regarding the use or possession of drugs or alcohol if (a) the incident also involves another serious offense; or (b) if there is reason to believe that a student’s health and well-being are in jeopardy; or (c) the violation results in a sanction of either housing probation or higher or University-level probation or higher. In cases where the drug or alcohol violation also involves another serious offense, the University will only release details of the drug or alcohol violation to the parents or legal guardians.
  3. At the point at which it is determined that parental notification is permitted under the provisions of this policy, the student will be given twenty-four (24) hours to make the initial contact with the parents or legal guardians prior to the University notifying the parents or legal guardians.
  4. Within the twenty-four (24) hour time period that a student has to notify his/her parents or legal guardians, the student may submit documentation or a written statement indicating that there are special circumstances that make parental notification inappropriate. The University’s designee will consider the request and make a determination as to notification on a case-by-case basis.
  5. Parental notification is in addition to any other sanctions issued by the University.

Tobacco Use Policy

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University Policy Statement

The University is committed to promoting and maintaining a healthy work and academic environment that is as close to tobacco free as practicably possible and in accordance with all federal, state and local laws.  Students, employees and visitors are prohibited from using tobacco throughout all University buildings (exception University Apartments), University vehicles and outside of buildings within 25 feet of any entrance, air intake duct and/or window.

  • The use of tobacco products is prohibited in all University buildings and leased spaces.  This prohibition applies to any area enclosed by the perimeter (outermost) walls of the building, including restrooms, warehouses, storage spaces, atriums, balconies, stairwells and other similar building features considered “within a building.”
  • The use of tobacco products is prohibited within 25 feet of any building entrance, air intake duct and window.    
  • Specific outside areas for tobacco use will not be established or identified.
  • The University will install ashtrays and other appropriate tobacco litter appliances beyond 25 feet from buildings.
  • Individuals who use tobacco products will be responsible for their proper disposal.
  • The use of tobacco products is prohibited in University vehicles.  This prohibition includes passenger vehicles and all other state-owned mobile equipment, including light and heavy duty trucks, cargo and passenger vans, buses, golf carts and any other mobile equipment.
  • The use of tobacco products is prohibited in outdoor areas where seating is provided.
  • The use of tobacco products is prohibited on the grounds of the Children’s Institute.
  • University Health Services will provide educational information and programs on tobacco use cessation.
  • Vice presidents, deans, directors and department heads are responsible for informing the campus community of the tobacco use policy and overseeing day-to-day compliance.  The appropriate administrative division will address violations and habitual offenders of this policy.

Sanctions for Violations of Laws & Policies

The laws of the State of Michigan and Eastern Michigan University’s policies and rules prohibit the use of tobacco in public buildings.  
 

Community Sanctions:

  • Violations of the Michigan Clean Indoor Air Act are subject to civil fines of not more than $100 for the first violation and not more than $500 for second or subsequent violations.  
  • Violations of the smoking prohibition at child care centers and child care institutions are subject to a stricter penalty of a fine not less than $100 and not more than $1,000.

University Sanctions:

Violation of University policies and rules will be subject to campus disciplinary review and action as follows:

Faculty and Staff:

Disciplinary action will be taken as per applicable collective bargaining agreements and University policy up to and including termination of employment for habitual repeat offenders.

Students:

Students who violate this policy are subject to disciplinary action in accordance with the provisions of the Student Conduct Code.  Sanctions for violations may include verbal warning, formal reprimand, probation, suspension or dismissal.  

Visitors:

Violation of University rules and regulations by visitors could result in permanent removal from EMU properties.

Health Effects of Tobacco Use

Smoking

  • Cigarette smoking increases the risk for many types of cancer, including cancers of the lip, oral cavity, and pharynx; esophagus; pancreas; larynx; lung; uterine cervix; urinary bladder; and kidney.
  • Cigarette smokers are 2 – 4 times more likely to develop coronary heart disease than nonsmokers.
  • Cigarette smoking approximately doubles a person’s risk for stroke.
  • Cigarette smoking has many adverse reproductive and early childhood effects, including an increased risk for infertility, preterm delivery, stillbirth, low birth weight, and sudden infant death syndrome.

Second-Hand Smoke

  • Second-hand smoke is associated with an increased risk for lung cancer and coronary heart disease in nonsmoking adults. Second-hand smoke is a known human carcinogen (cancer-causing agent).
  • Because their lungs are not fully developed, young children are particularly susceptible to second-hand smoke. Exposure is associated with an increased risk for sudden infant death syndrome, asthma, bronchitis, and pneumonia in young children.

Smokeless Tobacco

  • Smokeless tobacco contains 28 cancer-causing agents (carcinogens). It increases the risk of developing cancer of the oral cavity.
  • Smokeless tobacco use can lead to nicotine addiction and dependence.



Assistance Available to Students, Faculty, Staff and Their Families at EMU:
University Health Services:
    Medical Services            (734) 487-1122
    Health Education Program        (734) 487-2226
For further information or a pdf downloadable version of the policy go to www.emich.edu/uhs/tobaccopolicy.html
 

Acceptable Use of Information Technology Resources

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Information technology resources are provided by Eastern Michigan University to its students, faculty and administration in support of the University’s mission. These resources include, but are not limited to, personal computers, workstations, mini- and mainframe computers and voice, data and video communication networks.

These guidelines apply to any user of any device, workstation, desktop computer, local area network or mainframe system provided by the University and attached to the University network or MichNet network. This document outlines the acceptable use of these resources, and will be reviewed on an annual basis.

Access to Information Technology Resources

University faculty, administrators and staff are provided access to University information technology resources by virtue of their employment, and to institutional data by an appropriate steward. Students are provided access to University resources by virtue of their enrollment. Access to specific resources may be provided by appropriate academic departments. Other individuals may be provided access to University information technology resources through sponsorship by an appropriate University administrator.

Software Copyright Laws

Eastern Michigan University is licensed to use numerous microcomputer and mainframe software programs. The University enters into a license agreement with the owner of each computer program pursuant to which the University and its employees assume certain legally binding obligations. Licensed computer software is intended for the use specifically authorized in such agreements, remains the intellectual property of the owner and is protected by copyright laws. The University endorses the EDUCOM code of responsible software use as described in the publication Using Software: A Guide to Ethical and Legal Use of Software for Members of the Academic Community.

All University employees and students who use licensed software shall use that software only in accordance with the license agreement. There is no authority for an employee or student to violate the terms of a license agreement. To transfer the possession of any copy, modification or merged portion of any licensed program, whether gratuitously or for gain, shall be in violation of this procedure and is prohibited by the University. Such conduct may also violate state and federal law. Employees or students who make, acquire or use unauthorized copies of computer software or otherwise violate this procedure shall be subject to disciplinary action in accordance with the University policy. They may also be subject to personal liability under copyright law. Employees or students using personal software on University devices must demonstrate evidence of ownership.

Acceptable Use

Eastern Michigan University is a member of Merit Network, Inc., and is connected to MichNet, the statewide higher education network, and to other networks provided by MichNet. As a member of Merit Network, Inc., the University complies with the MichNet Acceptable Use Policy. In addition to these policies, the University maintains and enforces this acceptable use procedure.

Users of University information technology resources agree to abide by applicable federal and state information technology laws, all applicable acceptable use policies, and all University policies and standards of conduct. The University’s acceptable use procedure is based on the following principles:

  • Respect for the privacy of other users. For example, users shall not obtain copies of files belonging to other users without permission, modify files or passwords belonging to other users, or represent themselves as other users.
  • Respect for the legal protection by copyright and license to programs and/or data. For example, users shall not install or use illegal copies of licensed software.
  • Respect for the security and integrity of information technology resources. For example, users shall not develop programs that harass other users, infiltrate or modify computer systems or networks, or damage or alter software or data components of a computer system.
  • Open acknowledgment of use. For example, administrators of University resources are required to identify users of those resources. Account owners are responsible for any use of University resources made with their accounts.
  • Departmental compliance. For example, administrators of open access computing labs may request that labs be attached to the University network if acceptable procedures are established to identify users. Departments may define additional “conditions of use” for resources under their control if these conditions are consistent with this procedure. Specific features of the University’s acceptable use procedure are:
    1. No person shall intentionally and without proper authorization gain access to, alter, damage or destroy a computer system or computer network or the software program or data contained in a computer, computer system or computer network.
    2. No person is authorized to utilize in any manner University computer equipment and software and other University equipment, whether owned or leased by the University, when such use would be for personal financial gain and unrelated to any legitimate academic pursuit, unless the use is pursuant to a contractual arrangement in advance of use providing for appropriate compensation to the University, or when such use would be in violation of any University contractual arrangement with equipment or software vendors or lessors, or computer network organizations.
    3. No person without proper authorization may utilize computer equipment or programs to gain access to, copy or obtain for personal use or information, records or information owned or possessed by the University.
    4. No person may copy or distribute software, or its documentation, without the permission of the copyright holder.

Guidelines for Determining Acceptable Use

The intent of this procedure is to identify general uses which are consistent with the provision of information technology resources and the University’s affiliation with Merit Network, Inc. It is not intended to enumerate all possible uses. This procedure is administered by the chief information officer. The University may determine if specific use of information technology resources is consistent with the provisions of this procedure. If a use is consistent with this procedure, then activities in a direct support of that use will be considered consistent. General guidelines for determining acceptable use include:

  • Use for exchange of data or information for personal development, to maintain currency or debate issues in a field is acceptable.
  • Use for disciplinary, professional, association or advisory activities related to the user’s research and instructional activities is acceptable.
  • Use in applying for or administering grants or contracts for research or instruction is acceptable.
  • Use for general administrative activities and communication in support of research and instruction is acceptable.
  • Use originating from a network of another authorized organization of an affiliated network which meets the acceptable use guidelines of that organization is acceptable.
  • Use which is incidental to otherwise acceptable uses, except those which are illegal or specifically unacceptable, is acceptable.
  • Development of computer systems which violate the guidelines outlined in this document is not acceptable.
  • Establishing network connections which create routing patterns inconsistent with the effective and shared use of the University network is not acceptable. All planned network connections must be approved by the Division of Information Technology.
  • Malicious use of any kind is not acceptable. Malicious use includes, but is not limited to, harassment of other users, attempts to develop or introduce virus programs to systems, attempts to cause system outages or attempts to discover passwords. All uses must be consistent with guiding ethical statements, applicable acceptable use policies and community standards. University resources must not be used in any way which violates applicable laws, regulations or University policies. Use of University resources or affiliated networks which precludes or hampers the use of those resources by others is not acceptable.
  • Unsolicited advertising is not acceptable. Advertising is permitted on some mailing lists if the sponsored group explicitly sanctions advertising. Announcements of new products or services are acceptable providing they do not include solicitation for sale.
  • Use of University resources for profit-making activities is not acceptable.
  • Use of University resources for recreational games is not acceptable when such use restricts access of those resources by other users.

Violations

Violations of these procedures should be reported to the chief information officer. Division of Information Technology staff will notify the responsible user, will take appropriate remedial actions and will inform appropriate University departments and/or affiliated networks of their actions. Departmental administrators responsible for managing University information technology resources may temporarily disable user accounts or workstations connected to the network if violations of this policy are suspected. Division of Information Technology staff should be informed of all such actions. Every effort will be made to inform affected users prior to disconnection, and every effort will be made to reestablish the connection as soon as it is deemed mutually acceptable. Any employee or student found to violate University standards of conduct will be subject to disciplinary action under University policy. Any suspected violation of state and federal information technology laws will be reported to the appropriate legal authority for investigation.

August 1996

EDUCOM Code

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy and right to determine the form, manner and terms of publication and distribution. Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community issued by EDUCOM and ADAPSO

Here are some relevant facts:

  1. Unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
  2. Unauthorized copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur a legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community.
  3. Unauthorized copying of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement and inhibit the development of new software products.

Respect for the intellectual work and property of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, data bases and code. Therefore, we offer the following statement of principle about intellectual property and the legal and ethical use of software. This “code”- intended for adaptation and use by individual colleges and universities - was developed by the EDUCOM Software Initiative.

Classification of Software

In terms of copyright, there are four broad classifications of software:

  • Commercial
  • Shareware
  • Freeware
  • Public Domain

The restrictions and limitations regarding each classification are different.

Commercial

Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you buy software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general, commercial software licenses stipulate that:

  • the software is covered by copyright,
  • although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
  • modifications to the software are not allowed,
  • decompiling (i.e., reverse engineering) of the program code is not allowed without the permission of the copyright holder.

Shareware

Shareware software is covered by copyright, as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. The copyright holders for shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that:

  • the software is covered by copyright,
  • although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
  • modifications to the software are not allowed,
  • decompiling (i.e., reverse engineering) of the program code is not allowed without the permission of the copyright holder,
  • development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder.

Selling software as shareware is a marketing decision; it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use.

Freeware

Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for freeware are in direct opposition to normal copyright restrictions. In general, freeware software licenses stipulate that:

  • the software is covered by copyright,
  • copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit,
  • modifications to the software is allowed and encouraged,
  • decompiling (i.e, reverse engineering) of the program code is allowed without the explicit permission of the copyright holder,
  • development of new works built upon the package (derivative works) is allowed and encouraged with the condition that derivative works must also be designated as freeware. That means that you cannot take freeware, modify or extend it, and then sell it as commercial or shareware software.

Public Domain

Public domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be public domain it must be clearly marked as such. Before March 1, 1989, it was assumed that intellectual works were not covered by copyright unless the copyright symbol and declaration appeared on the work. With the United States adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the public domain notification is stated. This means that for public domain software:

  • copyright rights have been relinquished,
  • software copies can be made for both archival and distribution purposes with no restrictions as to distribution,
  • modifications to the software are allowed,
  • decompiling (i.e., reverse engineering) of the program code is allowed,
  • development of new works built upon the package (derivative works) is allowed without the distribution or use of the derivative work.

Questions You May Have about Using Software

  1. What do I need to know about software and the U.S. Copyright Act?

    Unless it has been placed in the public domain, software is protected by copyright law. The owner of a copyright holds exclusive right to the reproduction and distribution of his or her work. Therefore, it is illegal to duplicate or distribute software or its documentation without the permission of the copyright owner. If you have purchased your copy, however, you may make a back-up for your own use in case the original is destroyed or fails to work.

  2. Can I loan software I have purchased myself?

    If your software came with a clearly visible license agreement, or if you signed a registration card, read the license carefully before you use the software. Some licenses may restrict use to a specific computer. Copyright law does not permit you to run your software on two or more computers simultaneously unless the license agreement specifically allows it. It may, however, be legal to loan your software to a friend temporarily as long as you do not keep a copy.

  3. If software is not copy-protected, do I have the right to copy it?

    Lack of copy-protection does not constitute permission to copy software in order to share or sell it. “Non-copy-protected” software enables you to protect your investment by making a back-up copy. In offering non-copy-protected software to you, the developer or publisher has demonstrated significant trust in your integrity.

  4. May I copy software that is available through facilities on my campus, so that I can use it more conveniently in my own room?

    Software acquired by colleges and universities is usually licensed. The licenses restrict how and where the software may be legally used by members of the community. This applies to software installed on hard disks in microcomputer clusters, software distributed on disks by a campus lending library and software available on a campus mainframe or network. Some institutional licenses permit copying for certain purposes. Consult your campus authorities if you are unsure about the use of a particular software product.

  5. Isn’t it legally “fair use” to copy software if the purpose in sharing is purely educational?

    No. It is illegal for a faculty member or student to copy software for distribution among the members of a class, without permission of the author or publisher.

Alternatives to Explore

Software can be expensive. You may think that you cannot afford to purchase certain programs that you need. But there are legal alternatives to unauthorized copying.

Site Licensed and Bulk-Purchased Software

Your institution may have negotiated agreements that make software available either to use or to purchase at special prices. Consult your campus computing office for information. Software available through institutional site licenses or bulk purchases is subject to copyright and license restrictions, and you may not make or distribute copies without authorization.

Shareware

Shareware, or “user-supported” software, is copyrighted software that the developer encourages you to copy and distribute to others. This permission is explicitly stated in the documentation or displayed on the computer screen. The developer of shareware generally asks for a small donation or registration fee if you like the software and plan to use it. By registering, you may receive further documentation, updates and enhancements. You are also supporting future software development.

Public Domain Software

Sometimes authors dedicate their software to the public domain, which means that the software is not subject to any copyright restrictions. It can be copied and shared freely. Software without copyright notice is often, but not necessarily, in the public domain. Before you copy or distribute software that is not explicitly in the public domain, check with your campus computing office.

A Final Note

Restrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself. In general, you do not have the right to:

  1. Receive and use unauthorized copies of software, or
  2. Make unauthorized copies of software for others.

If you have questions not answered by this brochure about the proper use and distribution of a software product, seek help from your computing office, from the software developer or publisher.

Copyright 1987 EDUCOM AND ADAPSO

MichNet Policies

MichNet Acceptable Use Policy

12 January 2001

Purpose

The purpose of MichNet is given in Merit Network, Inc.’s bylaws which state that “in pursuance of its mission in instruction, research and service it is the role of Merit as the operator of a high-speed digital communications network to contribute broadly to educational and economic development in Michigan.”

Acceptable Use

This statement represents a guide to the acceptable use of MichNet. Any member or affiliate organization or individual connected to MichNet in order to use the Michigan statewide network, or any other networks which are used as a result of their MichNet connection, must comply with this policy and the stated purposes and acceptable use policies of any other networks or hosts used. Each member and affiliate organization is responsible for the activity of its users and for ensuring that its users are familiar with this policy or an equivalent policy. In addition each member and affiliate is encouraged to maintain and enforce its own acceptable use policies. The provisions of this policy govern all use of MichNet, including any unsupervised anonymous network access offered by members or affiliates. The following guidelines will be applied to determine whether or not a particular use of MichNet is appropriate:

  • Users must respect the privacy of others; for example, users shall not intentionally seek information on, obtain copies of, or modify files, other data or passwords belonging to others, or represent themselves as another user unless explicitly authorized to do so by that user.
  • Users must respect the legal protection provided by copyright and license to programs and data.
  • Users must respect the integrity of computing and network systems; for example, users shall not intentionally develop or use programs that harass other users or infiltrate a computer, computing system or network and/or damage or alter the software components of a computer, computing system or network.
  • Use should be consistent with guiding ethical statements and accepted community standards. Malicious use is not acceptable.
  • MichNet may not be used in ways that violate applicable laws or regulations.
  • Use of MichNet and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.
  • Connections which create routing patterns that are inconsistent with the effective and shared use of the network may not be established.
  • Unsolicited advertising is not acceptable. Advertising is permitted on some web sites, mailing lists, news groups and similar environments if advertising is explicitly allowed in that environment.
  • Repeated, unsolicited and/or unwanted communication of an intrusive nature is not acceptable. For example, continuing to send e-mail messages to an individual after being asked to stop is not acceptable.

The intent of this policy is to make clear certain uses which are and are not appropriate, not to exhaustively enumerate all such possible uses. Using the guidelines given above, Merit may at any time make determinations that particular uses are or are not appropriate. Merit will not monitor or judge the content of information transmitted over MichNet, but will investigate complaints of possible inappropriate use. In the course of investigating complaints, Merit staff will safeguard the privacy of all parties and will themselves follow the guidelines given in this policy. Merit will only release sensitive, confidential or personally identifiable information to third parties when required by law or when in Merit’s judgment release is required to prevent serious injury or harm that could result from violation of this policy.

Remedial Action

When Merit learns of possible inappropriate use, Merit staff will notify the member or affiliate responsible, which must take immediate remedial action and inform Merit of its action. In an emergency, in order to prevent further possible inappropriate activity, Merit may temporarily disconnect a member or affiliate from MichNet. If this is deemed necessary by Merit staff, every effort will be made to inform the member or affiliate prior to disconnection, and every effort will be made to re-establish the connection as soon as it is mutually deemed safe. Any determination of inappropriate use serious enough to require disconnection shall be promptly communicated to every member of the Merit Board of Directors through an established means of publication.

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