1.0 Preamble

1.0.0 Preamble

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Institutional procedures for achieving these purposes may vary from campus to campus, but the minimal standards of academic freedom of students outlined in this document are essential to any community of scholars. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility. In order to protect the freedom of students to learn, as well as enhance their participation in the life of the academic community, students should be free from exploitation or harassment.

The responsibility to secure and respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Each college and university should develop policies and procedures which provide and safeguard this freedom. Such policies and procedures should be developed at each institution within the framework of general standards and of the members of the academic community. The purpose of this report is to enumerate the essential provisions for student freedom to learn at Northern Michigan University.[1]

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[1]The preamble to this document was taken with some modification from the Joint Statement on Rights and Freedoms of Students.

1.1 Academic and Administrative Rights and Responsibilities

1.1.0 Academic and Administrative Rights and Responsibilities

The provision of appropriate conditions and opportunities for learning is an important measure of the quality of an educational institution. The University assumes a number of essential responsibilities in order to achieve academic excellence and preserve the ideals of academic freedom for students. As members of the academic community, students similarly accept certain responsibilities.

1.1.1 Instruction and Academic Evaluation

.01 Institutional Responsibility

The University should offer a wide variety of courses and degree programs which assure the preservation and extension of our cultural, social, and political heritage. Courses and programs should be offered which are relevant not only to the varied interests and abilities of the student body but also to the changing needs of society. Qualified faculty and adequate facilities, equipment, and materials should be provided to support instructional programs. The University also has the responsibility to provide instruction which correlates closely with approved descriptions as published in the current and supplementary documents.

Students have a right to be informed of the instructional objectives of each course at the beginning of the semester. Instruction should be directed toward fulfillment of the stated objectives of each course. Students are likewise entitled to be informed at the beginning of each semester of the course requirements and of the methods and criteria to be employed in the evaluation process, including the determination of the course grade. Each academic department shall make available a copy of the course syllabus to each student enrolled in each course and shall maintain a copy of each syllabus on file with the department head. Reasonable notice (at least one week) should be given as to when major exams are scheduled and when major assignments are due. University policy requires that classes meet regularly at the scheduled times and in the scheduled place, but if a change is necessary, every effort should be made to accommodate the needs of the students. Students should expect to have timely appraisal of their progress in each course and opportunities to discuss their academic work with their instructors. Students should have an opportunity to review all written work on which they have received a grade. Course work, except for exams, which is not returned to students at the end of the semester should be kept on file by the instructor for thirty (30) days following the first day of class for the next regular semester (exclusive of the summer session), after which it may be disposed of in a manner which protects the confidentiality of the students. Exams not returned to students at the end of the semester must be kept on file by instructors for one calendar year. Course grades should be based entirely upon students’ performance in meeting course requirements as outlined in the syllabus.

The University encourages student involvement in the evaluation of instruction, courses, and programs as an integral part of the total evaluation process. Another effective means of achieving meaningful student involvement is through student membership on various academic policy recommendation committees.

.02 Student Responsibility

Students, as members of the academic community, also share responsibility for promoting a healthy academic environment. Before enrolling, students should be aware of the programs of study which are available and their particular requirements. This information is available in the University Bulletin and through the students’ academic advisers.

Students should strive to obtain the highest possible level of academic achievement. They have an obligation to abide by accepted standards of academic honesty which dictate that all of their scholastic work shall be original in nature. Once enrolled in a course, students are expected to become familiar with instructional objectives, course requirements, and methods employed in determining the course grade. Students shall assume responsibility for familiarizing themselves with the course syllabus and completing all the requirements of the course.

To the extent that opportunities for involvement are available, students should participate in the evaluation of instruction, courses, and academic programs. When serving on committees, students should reflect, insofar as possible, the concerns and interests of their constituents.

1.1.2 Academic Freedom for Students

.01 Institutional Responsibilities

Within the classroom and in conferences with students, faculty should encourage students to engage in open discussion, inquiry, and expression relevant to the course content. Students should be free to take reasoned exception to the views and interpretations offered in any course of study and to reserve judgment about matters of opinion. Faculty should seek, especially in the classroom, to create a climate in which the right of free expression accorded to one student respects the dignity of other students and does not interfere with the right to free expression of the other students in the classroom.

.02 Student Responsibility

Students are responsible for learning the content of any course for which they are enrolled. Students bear a great deal of responsibility for preserving the ideals of academic freedom. Any action which has the effect of stifling free expression of differing points of view or which is disruptive of efforts to present a wide variety of opinion is contrary to academic freedom and is, therefore, unacceptable within an academic community. Students are responsible for the exercise of the right of free expression without harassment of other members of the University community.

1.1.3 Academic Advising

.01     Institutional Responsibility

The University should provide accurate, complete, and clear information concerning curriculum requirements. Academic advising is an integral part of this responsibility and is the primary means by which students and their advisers develop a program of study.  Faculty are expected to be available to students for advising and other conferences during regular office hours or at arranged appointments.

.02     Student Responsibility

1.1.4 Academic Records

.01     Institutional Responsibility

Information about students’ views, beliefs, and political associations which faculty, staff, or students working on behalf of the University acquired in the course of their work are considered confidential. Judgments of ability and character may be provided as necessary to the curriculum.

A permanent record of the academic performance of each student is maintained in the Registrar’s Office. This record is to be regarded as confidential and is available only to members of the faculty and appropriate administrative officials who have a legitimate need for the information. No information concerning students’ academic records shall be given to other persons or agencies without the written consent of the students. Students’ official academic records shall not contain disciplinary and placement information. (See Section 1.3.3 of this document for additional information on this subject.)

.02     Student Responsibility

1.2 Rights of Due Process in Regard to Academic or Administrative Matters

1.2.0 Rights of Due Process in Regard to Academic or Administrative Matters

The establishment and maintenance of the proper relationship among members of the University community are fundamental to the University’s function. This relationship requires that faculty, staff, and students respect the rights and responsibilities which derive from community membership. Whenever problems arise among members of the University community, attempts should be made to resolve them through informal and direct discussions. If such discussions fail to satisfactorily resolve a given problem, the following appeal procedures shall apply.

1.2.1 Students Complaints Concerning Grades

Students who feel they have reason to believe that the grades which they have received are incorrect or unfair should first consult with the instructors for the courses in question, seeking satisfactory explanations and/or resolutions. If, after talking with the instructor, the student feels that the complaint has not been resolved, the student shall ask the appropriate department head to review the matter. The department head shall discuss the matter with the instructor involved, seeking resolution of the complaint. If, in the opinion of the student, the complaint remains unresolved after this discussion, the student may submit a formal request in writing to the department head that the complaint be submitted to adjudication through an appeals system involving two appellate levels: a departmental appeals committee and a college appeals committee. The instructor may make a written response to this request and provide that response to the department head who will share it with the departmental and college appeals committees, as appropriate, and make it a matter of record.

.01 Reasons for Appeals

1. The grade is allegedly based on a score that is arithmetically erroneous, or is allegedly based on a factual error.

2. The rules established for assigning grades as outlined in the course syllabus allegedly have been violated.

3. The instructor has allegedly violated academic freedom by grading on some basis other than academic performance in the course.

4. Extenuating circumstances such as illness, incapacity, or absences of the instructor generate uncertainty regarding the appropriateness of the grade assigned.

5. The student is appealing a finding of academic dishonesty by the instructor as outlined in Section 1.2.3.

.02 Burden of Proof

The complainant shall carry the burden of proof that the grade is incorrect or unjustified. For the purposes of these appeal proceedings, the burden of proof shall be understood to mean clear and convincing evidence of at least one of the five reasons for appeal stated in Section 1.2.1.01.

.03 Composition of the Appellate Bodies

Departmental Appeals Committee: Each academic department shall establish a departmental appeals committee. The departmental appeals committee shall consist of at least three members of the department selected in an unbiased manner by the head of the department, or in accordance with departmental policies and procedures for establishing standing committees. Faculty members from other departments may be asked to act as departmental committee members in cases where the size of the department is less than seven full-time members. The committee shall select from among their number a chairperson who shall assume responsibility for convening the committee and chairing review proceedings.

College Appeals Committee: Each college shall establish an appeals committee. The college appeals committee shall consist of seven faculty members selected in an unbiased manner by the dean from departments within the college. This responsibility may be delegated to the college advisory council at the discretion of the dean. The committee shall select from among their number a chairperson who shall assume responsibility for convening the committee and chairing review proceedings. Two-thirds of the members of the college appeals committee shall constitute a quorum for the conduct of all review proceedings.

.04 Rules of Procedure

1. All appeals shall be submitted in written form. The appeal should state in detail how the grade that the student received is incorrect or unfair in relation to one or more of the five reasons for appeals listed above. To initiate a written appeal, a student must obtain the appropriate form from the head of the department through which the class involved is offered or from the Dean of Students Office. The student shall be provided an explanation of the appeals procedure from the department head or Dean of Students Office staff member who provides the appropriate form for the appeal. The appeal shall then be submitted by the student to the chairperson of the departmental appeals committee.

2. Appeals shall be submitted no later than thirty (30) calendar days following the first day of classes for the next regular semester (exclusive of the summer session). A decision shall be rendered within twenty-one (21) calendar days of the receipt of an appeal. Appeals to the college appeals committee shall be submitted no later than fourteen (14) calendar days following receipt of an opinion from the departmental appeals committee.

3. The departmental appeals committee shall convene and decide whether or not the written appeal statement and the supporting documents indicate that at least one of the five reasons for appeals stated above is being applied by the student as the basis of the appeal. In those cases where the departmental appeals committee finds that one or more of the five reasons are involved, they shall commence a formal review.

4. During the appeal process, students may be accompanied by an observer or counsel of their own choosing, provided that the counsel shall be a member of the faculty, staff, or student body of the University, and that the counsel shall not be a licensed attorney. During the appeal process, faculty may be accompanied by an observer or counsel of their own choosing, provided that the counsel shall be a member of the faculty, staff, or student body of the University, and that the counsel shall not be a licensed attorney.

5. The first step in the review procedure shall be a presentation of the complaint by the complainant followed by a presentation by the other party. Both parties to the complaint shall have the opportunity to hear the testimony against them, to present their cases, and to ask any questions germane to the complaint. The departmental appeals committee shall determine whether or not one of the five reasons for appeal stated above did, in fact, affect the student’s grade in the course. If the departmental appeals committee decides that one of the five reasons for appeal did affect the student’s grade and that a change in the grade for the course should be made, the departmental appeals committee shall attempt to reach a solution mutually agreeable to the student and the instructor who assigned the grade. Should the acceptable solution involve a change of grade, the instructor will submit a change to the appropriate department head and dean. If no agreement is reached and all other possibilities have been exhausted, the departmental appeals committee shall determine an appropriate grade and forward a complete written report of their findings and their recommendation of the grade change to be made to the Provost and Vice President for Academic Affairs or designee. Copies of this communication shall be sent to the faculty member, the student, and the department head involved.

6. Complaints which are not resolved to the satisfaction of the student or the faculty member following a review by the departmental appeals committee may be appealed to the chairperson of the college appeals committee by either person. The Provost and Vice President for Academic Affairs or designee shall hold in abeyance all decisions to change grades where appeals are being pursued by faculty members to college appeals committees. College appeals committees shall follow the rules of procedure outlined in 1 through 5 above.

7. Either the student filing the complaint or the faculty member involved may appeal the college appeals committee’s decision to the Provost and Vice President for Academic Affairs or designee. Appeals to the Provost & Vice President for Academic Affairs or designee shall be submitted no later than fourteen (14) calendar days following receipt of an opinion from the college appeals committee. A decision shall be rendered within twenty-one (21) calendar days of receipt of an appeal.

8. The Provost and Vice President for Academic Affairs or designee shall implement the recommendation for the grade change unless, after reviewing a particular case, the Provost & Vice President for Academic Affairs or designee believes that alternative action should be taken. In such instances the Provost and Vice President for Academic Affairs or designee shall communicate the alternative recommendation in writing to the departmental or college appeals committee, as appropriate, for reconsideration.

9. The departmental and college appeals committees shall maintain records of the events of the hearing and make the information available to both parties in the case for purposes of appeal.

10. Appeals shall be handled in a confidential manner in order to protect the privacy of all parties.

11. The faculty member who is involved in a complaint shall not sit as a member of an appeals committee considering the complaint to which that faculty member is a party.

1.2.2 Complaints Other than Grades

Students having complaints, other than those concerning grades, should first seek resolution of the complaint with the faculty or staff member most directly involved in the circumstance. Students who do not feel that their complaints are satisfactorily resolved by the faculty or staff member most directly involved should contact that individual's supervisor. Those students who feel that their complaints remain unresolved after contacting the supervisor of the faculty or staff member most directly involved should contact the Dean of Students Office. Staff in the Dean of Students Office will assist students in determining if a formal process has been established at the University to resolve complaints of the nature of those brought forward. In those circumstances where such a process or procedure has been established, the staff member assisting the student(s) will provide the student(s) with an explanation of the process and any forms or other materials which are necessary to follow that process.

In those circumstances where there is no formal process established to resolve complaints of the nature brought forward, the student(s) shall submit the complaint in writing to the Dean of Students. The Dean of Students shall determine one of the following outcomes:

• In circumstances where the Dean of Students determines that the complaint warrants further investigation, the Dean of Students shall initiate efforts to resolve the complaint.

• In circumstances where the Dean of Students determines that the complaint does not have merit, the complaint shall be considered resolved upon the students’ receipt of the Dean of Students’ determination in writing. The Dean of Students’ determination that a complaint lacks merit shall be final.

1.2.3 Academic Dishonesty

In instances where there are reasonable grounds to suspect a student of academic dishonesty as defined in the Student Code in Section 2.2.3, the instructor should inform the student of the nature of the alleged violation within fourteen (14) calendar days of becoming aware of the alleged violation, exclusive of dates when the University is not in session.

After affording the student an opportunity to respond, the instructor should decide whether or not the student is guilty of dishonest academic practices. If the instructor concludes that dishonest academic practices have occurred, the instructor should take appropriate corrective action. Such action may include a repetition of the assignment or a lowering of the grade for the course. The most severe penalty which may be imposed directly by the instructor upon a student found guilty of academic dishonesty is a grade of “F” for the course to which the violation applies.

The decision of the instructor shall be subject to appeal following the rules of procedure outlined in Section 1.2.1. The instructor should keep a complete record of matters pertinent to such incidents and forward a summary of the incident to the appropriate department head and the dean of the college. The dean of the college will then inform the Dean of Students of the violation who may then initiate disciplinary action in accordance with the Student Code. Students who are given a grade of “F” as a result of a finding of academic dishonesty may not withdraw from the course if found responsible through disciplinary action in accordance with the Student Code.

1.3 Rights and Freedoms Outside of the Classroom

1.3.1 Student Participation in Institutional Government

As constituents of the academic community, students are free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. The student body should have clearly defined means to participate in the formulation and application of University policy affecting academic and student affairs. “Academic and student affairs” should be interpreted broadly to include all academic, administrative, and policy matters pertinent to students’ educational experiences.

The role of student government and both its general and specific responsibilities should be made explicit, and the actions of student government within areas of its jurisdiction should be reviewed only through orderly and prescribed procedures. Through membership on various standing and ad hoc committees with members of the faculty and administration, students may participate in the formulation and application of institutional policy affecting academic and student affairs.

1.3.2 Student Publications and Communications

Student publications, the student press, and other student communications media are a valuable aid in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on campus. They are a means of bringing student concerns to the attention of the faculty and the institutional authorities and of formulating student opinion on various issues on the campus and in the world at large.

Whenever possible, student publications, student press, and other student communications media should be financially and legally separate from the University. Where financial and legal autonomy is not possible, the University, as the publisher or licensee of student publications, student press, and other student communications media shall have ultimate control over the contents of the publications or broadcasts. In the delegation of editorial responsibility to students, the University should provide sufficient editorial freedom and financial autonomy for the student communications media to maintain their integrity of purpose as vehicles for free inquiry and free expression in an academic community. This should be accomplished within the framework of institutional responsibility and liability.

The editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, slander, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. Subject to compliance with these canons, editorial freedom of student publications, student press, and other student communications media will be implemented as follows:

1. The student press, student publications, and other student communications media will be free of censorship and advance approval of copy, and their editors and managers will be free to develop their own editorial policies and news coverage.

2. Editors and managers of student communications media will be protected from arbitrary suspension and removal because of student, administrative, faculty, or public disapproval of editorial policy or content. Only for proper and stated cause will editors and managers be subject to removal and then by orderly and prescribed procedures. The agency responsible for the appointment of editors and managers will be the agency responsible for their removal.

3. All University published and financed student publications will explicitly state on the editorial page or during editorial broadcast that the opinions there expressed are not necessarily those of the University or student body.

The policy titled “Distribution or Sale of NMU Student Publications and Other Written Materials”, as adopted by the Board of Trustees, further defines students’ rights and responsibilities on the subject of student publications. This policy is included in Section 3.5 of this publication and in the Policies for Governing Student Organizations Handbook.

1.3.3 Student Records

In recognition of the necessity of maintaining the appropriate records which document the educational progress of students and in accordance with Section 438 of the General Education Provisions Act, Northern Michigan University has established a set of detailed guidelines regarding access to and release of information in student records. These guidelines are summarized as follows:

.01 Purpose and Scope of Guidelines

The purpose of the guidelines is to give students access to their educational records and to provide students with certain controls over the release of these records. The term “student” as used in the guidelines means persons currently or previously enrolled in the University.

The term “educational records” means records, files, documents, or other material which contain information directly related to the students as maintained by the University. Educational records do not include, however:

• Records of faculty or staff kept in the sole possession of the maker and not accessible to or revealed to others.
• Records maintained by Public Safety and Police Services;
• Employment records of non-students; and records of physicians, psychiatrists, psychologists, or other recognized professionals or paraprofessionals acting in their professional or paraprofessional capacity (except that such records can be professionally reviewed by a physician or other appropriate professional of the student’s choice).

All students shall be allowed access to their educational records for the purpose of inspection and review. To obtain access, students shall report to the office holding the record, present proper identification, such as a student identification card, driver’s license, passport, or visa, and complete, sign, and date a record request form. Access shall be granted within a reasonable period of time not to exceed fifteen (15) days. Nothing in the guidelines, however, shall operate to make available to students the financial records of the students’ parents, confidential records placed in the students’ records prior to January 1, 1975, or letters of recommendation, in regard to which students have waived their rights of access, relating to admissions, employment applications, or the receipt of honors.

.02 Challenge Procedure

Students shall be allowed the opportunity to challenge the accuracy or appropriateness of the contents of their educational records and to place comments concerning these contents in such records. In regard to academic grading procedures, the guidelines apply only to the accuracy of recording of assigned course grades and do not apply to an instructor’s evaluative process in deriving the grades. Departments holding the records shall establish procedures for such challenges and students shall have the right to appeal the results of departmental procedures to the Board of Student Conduct Appeals.

.03 Restrictions on Release of Educational Records

No educational records shall be released to any person, agency, or organization unless the student to whom the information pertains signs a written consent form specifying the persons to whom the specific records are to be released and the reasons for such release. Certain persons, agencies, and organizations, including other members of the University staff and faculty or agents of the University, certain State and Federal officials, persons working in connection with financial aid, persons entitled under judicial order to receive records, certain organizations conducting studies in regard to predictive tests or student aid programs, and accrediting organizations, are excluded from these restrictions on release of information. Records shall be released to third parties only on the condition that they will not release the information contained therein to other individuals or agencies without the written permission of the student.

.04 Directory Information

The following directory information is considered to be a matter of public record, and will be disclosed without prior consent unless the student specifically objects in writing:

• Name of student;
• Students local address;
• Student’s local phone;
• Student’s permanent address;
• Student’s permanent telephone number;
• Date of birth;
• Whether or not the student is currently enrolled;
• Enrolled full-time/enrolled part-time;
• Dates of attendance;
• Program level (undergraduate, graduate);
• Class (freshman, sophomore, junior, senior);
• Major/Minor;
• Current term candidacy for degrees and/or teaching certification;
• Honors, degrees earned, and dates;
• Participation in officially recognized University activities and sports; and
• Weights and heights of athletic team members.
• NMU e-mail address.

.05 JOBSearch Center

The JOBSearch Center will continue to offer confidential placement files for students who sign a consent form waiving their right to see the contents of their placement recommendation and letters. The JOBSearch Center will also make available an open file for students who wish to have access to their complete file.

.06 Theses and Other Papers Authored by Students

Graduate research papers, undergraduate honors theses, and graduate theses differ in nature from typical student papers and essays; such works often become research sources themselves and are, on occasion, published. Therefore, the University may make available to third parties required student research papers, undergraduate honors theses, and graduate theses. Other types of student work may be made available to third parties provided that advance notification is provided to students in the syllabi for individual courses where this may occur.

.07 Notification to Students of their Right to Access

Students are hereby notified of their right to access educational records which pertain to them. Below is a list of offices having educational records, including the title of the person responsible for each type of record. These University officials will, upon request, search to see if a student’s record is on file, and if it is, assist in providing access to it.

Type of Record	Official Responsible	Location of Records
Academic Advising File	Director of the Academic and Career Advisement Center and Academic Department Heads	C. B. Hedgcock Building and Departmental Locations
Disciplinary File	Dean of Students	C. B. Hedgcock Building
Financial Aid File	Director of Financial Aid	C. B. Hedgcock Building
Medical Records File	Chief of Staff	University Health Center
Placement File	Director of JOBSearch	C. B. Hedgcock Building
Records Office File	Registrar	C. B. Hedgcock Building
Safety and Police File	Director of Public Safety and Police Services	Services Building
Student Account	Manager of Accounts Receivable/Collections	C .B. Hedgcock Building
Teacher Certification File	Registrar	C. B. Hedgcock Building

1.3.4 Exercise of Rights of Citizenship

University students are both citizens and members of the academic community. As citizens, students should enjoy the same freedom of speech, right of peaceful assembly, and right of petition that other citizens enjoy, and, as members of the academic community, they are subject to the obligations which accrue to them by virtue of this membership. Faculty members and administrative officials shall insure that institutional powers are not employed to inhibit such intellectual and personal development of students as is often promoted by their exercise of rights of citizenship both on and off campus.

1.3.5 Freedom of Association

Students bring to the campus a variety of interests previously acquired and develop many new interests as members of the academic community. They should be free to organize and join associations to promote their common interests. The “Student Organization Registration Policy”, as adopted by the Board of Trustees, was established for the purpose of ensuring that these freedoms are safeguarded. This policy is included in Section 3.19 of this publication and in the Policies for Governing Student Organizations Handbook.

1.3.6 Freedom of Inquiry and Expression

Students and student organizations shall be free to examine and discuss all questions of interest to them, and to express opinions publicly and privately. They shall be free to support causes by orderly means which do not disrupt the regular and essential operation of the University. Students and student organizations engaging in such activity should make clear to the academic and larger community that in their public expressions or demonstrations, they speak only for themselves. Inherent in this freedom is an obligation for tolerance of diverse opinions.

Students and student organizations have the right to invite to campus and to hear any person of their own choosing. Accordingly, the “Outside Speakers Policy” was adopted by the Northern Michigan University Board of Trustees. This policy is printed in Section 3.6 of this publication and in the Student Organization Handbook.

1.3.7 Regulations and Adjudication Procedures

University regulations and the process by which alleged violations are adjudicated are stated in the Student Code. Copies of this document are made available to students online at dso.nmu.edu at the time of registration.