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INTRODUCTION AND OVERVIEW
This overview gives a general idea of how the university’s campus conduct procedures work, but it should be noted that not all situations are of the same severity or complexity. Because of this, these procedures are flexible and are not exactly the same in every situation, though consistency in similar situations is a priority.
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NOTE: Violations which are handled during final exam week may result in immediate student removal from the residence halls. A student may be permitted to take exams but will be prohibited from all residence hall areas.
Preliminary Inquiry/Staff Conference
The function of a preliminary inquiry is to determine the nature and the impact of the violation of policy and/or harm/impact involved in the situation. The preliminary inquiry is purposely meant to be an opportunity for the student to describe the situation from their perspective. The inquiry can be investigatory at times, but is meant to provide opportunity for a student to take ownership and responsibility for their actions. Students may bring a support person* to this initial inquiry as well as any other meetings that follow.
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If a determination is made that the preliminary inquiry be considered a Staff Conference (#4 above), the staff members will continue with Staff Conference procedure. (see procedural descriptions below)
Procedure Descriptions
Staff Conference
A staff conference is a meeting between the respondent(s) and one or two Student Life staff members. Respondents may bring a support person with them to a staff conference. Support persons are not character witnesses. If present, their role is to provide support for the respondent in taking responsibility as well as supporting the respondent upon completion of the accountability process.
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A copy of the Outcome Letter will be placed in the respondent’s student life file. The respondent is expected to complete the outcomes within the determined time frame or further outcomes may be assessed.
Restorative Justice (RJ) Conference/Circle
A Restorative Justice Conference involves structured and unstructured dialogue between respondent(s), impacted parties, and support persons. Facilitators hold pre-conference meetings with all involved parties before the conference to ensure full and active participation, and to determine if the parties are ready and able to (in good faith) proceed with the conference. The focus of the conference itself is on the harm that was done, the needs that have been created because of the harm, and the obligations that follow in order to make things as right as possible.
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Generally, a restorative conference or circle will develop a Restorative Agreement that describes the harm that has been caused as well as the agreed upon steps to be taken (by the respondent or others) to repair the harm and rebuild trust. The full range of outcomes are available (see “outcomes” below) though many times the specific harm done will require a specific action to repair. Depending on the severity of the harm and the desires of those harmed/impacted, a restorative agreement may include a temporary suspension from the university to provide the needed space for community recovery. The Restorative Agreement is considered to be the outcomes of the process. A copy of the Restorative Agreement (if there is one) will be placed in the respondent’s student life file. The respondent is expected to follow through with the outcomes within the determined time frame or further outcomes may be assessed.
University Review Board (URB)
Function
The URB normally will hear serious disciplinary cases that involve: violations of civil or criminal laws, violations that become unusually numerous, seriously disruptive or threatening to the campus community, or violations in which a larger, more representative group is needed to determine responsibility for violating university policy. The URB is called upon to exercise sound objective judgment and to recommend outcomes to the Dean of Students or their designate.
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Each member of the URB and any other participants in the hearing process will maintain confidentiality to the fullest extent allowed by law. A breach of confidentiality may result in disciplinary action. In addition, board members may be removed from further service for any such breach.
Outcomes 2
In issuing outcomes, those facilitating the accountability procedures may consider the student’s previous behavior, general attitude and contribution to pertinent academic and community life as well as the rights and dignity of affected community members.
Standard Outcomes for Alcohol and Other Drugs: The last page of the EMU Student Conduct and Conflict Worksheet provides a summary of common outcomes for incidents involving alcohol and other drugs.
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mediation or conferencing
personal and/or group counseling
anger management training
application of a specific behavioral contract
mentor
alcohol assessment and recommendations
drug assessment and recommendations
community work/service assignments
exclusion from co-curricular or leadership activities
restriction of housing or other privileges
completion of issue-relevant education activities
fines
monetary or other restitution
reprimand
probation (unless otherwise specified, the period of probation lasts until outcomes have been completed and verified as completed by student life staff)
extra-curricular suspension (separation from co-curricular activities, intercollegiate sports, elected and/or appointed leadership positions, and/or other on-campus and off-campus activities)
Academic advisors, professors, athletic coaches and appropriate staff persons are informed of the suspension.
A copy of the outcome letter is generally sent to parents/legal guardians with respect to FERPA permissions.
suspension (separated from the university for a specific period of time up to 10 class days)
The student is encouraged to notify his/her parents or legal guardian and make arrangements for leaving campus within 48 hours of notification (unless the decision is being appealed). Parents/legal guardians should verify arrangements by contacting the Student Life Office prior to the suspension.
While under suspension, the student is prohibited from university property. This includes all classes, on-campus work assignments and university related activities (athletic/music/drama practices or performances).
Academic advisors, professors, athletic coaches and appropriate staff persons are informed of the suspension.
Students are permitted to make up missed quizzes or assignments at the discretion of their professors. In some cases, students may be permitted to postpone a suspension to avoid a major exam/paper conflict if such is verified.
A copy of the outcome letter is generally sent to the parents/legal guardians with respect to FERPA permissions.
indefinite suspension/disciplinary withdrawal (separated from the university for an indefinite period of time, but not less than the remainder of the current semester and/or full semester following)
The student is required to notify his/her parents or legal guardians and make arrangements for leaving the campus within 48 hours of notification (unless the decision is being appealed). Parents must verify arrangements by contacting the Student Life Office prior to the suspension.
The student is prohibited from campus property until the vice president for student life or a designee grants permission. If the decision to suspend a student is made within the last four weeks of the semester, imposition of the suspension may be delayed until the following semester, depending upon the gravity of the offense.
In some cases a notation is placed on the University Transcript: “Suspended on (date) for a violation of the University’s Standards of Conduct.” This notation remains until such time as the student successfully completes the term of the suspension and any conditions thereof.
Re-admission involves reapplication through the Admissions Office.
A copy of the outcome letter is sent to parents/legal guardians.
dismissal (permanently separated from the university)
A notation is placed on the official transcript “Dismissal on (date) for a violation of the University’s Standards of Conduct”
The student is required to notify his/her parents/legal guardians and make arrangements for leaving the campus within 48 hours of the notification (unless the decision is being appealed). Parents must verify arrangements by contacting the Student Life Office prior to the dismissal.
Resident students must complete proper checkout procedures with their CA or RD before leaving campus.
The student is prohibited from campus property unless permission is granted by the Dean of Students or a designee.
A copy of the outcome letter is sent to parents/legal guardians with respect to FERPA permissions.
Appeal Procedures
For a Staff Conference or University Review Board, any party may appeal the outcomes issued. Because of the voluntary and participatory nature of Restorative Conferences and Circles, Restorative Agreements are not subject to appeal. Appeals for a Staff Conference decision must be submitted in writing within three working days following notification and should be directed to the Vice President for Student Life. Appeals for a University Review Board decision must be submitted in writing within three working days following notification and should be directed to the Provost.
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On the basis of these factors, the Dean of Students or Provost will review the appeal. A decision will be made to uphold or modify the decision. This appeal decision will be communicated in writing within four working days after the receipt of the appeal, except in cases where the review is complex and requires more time or contacts to corroborate or refute claims. The decision is final.
Refund and Withdrawal Policy
In the case of Dismissal or Disciplinary Withdrawal refer to procedures, adjustments and refund calculations in Section Two of this Handbook. See “Student Services- Financial, Refunds and Withdrawal Policy”.
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