Attendance at Northern Michigan University is both voluntary and optional. Admission into the academic community obligates each student to abide by the regulations established by the academic community. It is intended that these regulations will further the educational mission of the University by providing an environment conducive to the personal growth and development of students. These regulations may not, however, be unreasonable or forbid the exercise of a right guaranteed by the Constitution of the United States.

The purpose of this publication is to inform the NorthernMichiganUniversity community about the acceptable standards of student behavior. Section 2.4 through 2.9outline procedures for dealing with alleged violations of the Student Codeand informs students of their procedural due process rights.

In order for the judicial system to function effectively, members of the University community must know the standards expected of students and the process for adjudicating alleged violations of the Student Code. Therefore, members of the faculty and staff are encouraged to become familiar with the contents of this document.

The present Student Code is a revised edition of the 2000 version and was developed by the professional staff from the Dean of Students Office in cooperation with a committee consisting of members of the Student Faculty Judiciary, Housing and Residence Life, Student Activities and Leadership Programs, Public Safety and Police Services and the Associated Students of Northern Michigan University (ASNMU). Any part of this document may be revised by action of the Northern Michigan University Board of Trustees.

Recommendations concerning revisions of the Student Code are normally forwarded to the President by the Associate Provost for Student Services & Enrollment. The President shall submit recommendations directly to the Board of Trustees.

Standards of behavior are developed by institutions of higher education for the purpose of furthering educational objectives. These standards, commonly referred to as student regulations, may apply to behavior off campus as well as on campus. Violations of the regulations set forth by the University may result in disciplinary action by both the University and civil authorities.

Students at NorthernMichiganUniversity are responsible for their guest’s compliance with University rules and regulations. Students may be charged through the NMU judicial process for violations of the Student Code by their guests.

Authority for the enactment of student regulations is vested in the Northern Michigan University Board of Trustees. The Board delegates powers to the President, who in turn shares with specified officers of the University, the faculty, and student body the responsibility to develop recommendations regarding student regulations. Student regulations adopted by the Northern Michigan University Board of Trustees are stated below.

The legends found after the title of each regulation are given for the purpose of indicating the range of penalties which may be expected as a result of violations of the various regulations. Penalties may include Special Conditions. Aggravated or repeated violations may result in more serious penalties than those indicated in the legends. The penalties are defined in Section 2.9.1 of this document. Regulations which are developed and approved from time to time shall be considered to be part of the Student Code. Newly approved regulations shall be posted in appropriate places upon their adoption.

(penalty: not less than warning probation; not more than restitution for damages and costs and/or expulsion)

No student shall engage in conduct detrimental to the University community. Conduct shall be deemed detrimental to the University community if it consists of an act or acts prohibited under municipal, state, or federal law, or written policy or regulations of the University, and either (1) results in injury, damage, or loss to students, faculty, or administrative personnel of the University, or to buildings, structures, or other property under University control, or (2) hinders the University in the discharge of its basic responsibilities to maintain an orderly educational atmosphere and to function without interruption as an institution of higher education.

(penalty: not less than warning probation; not more than restitution for damages and costs and/or expulsion)

.01 No students shall deliberately hinder, impede, or disrupt:

• the academic or administrative work of fellow members of the University community by intruding into the areas where such work is normally conducted with conduct inappropriate to the place and purpose of such work.

• any graduation, honors banquet, or similar University ceremonial function by engaging in conduct inappropriate to the place and purpose of such functions.

• any instructional, theatrical, athletic, social, recreational, or other event or activity held on University property by engaging in conduct inappropriate to the place and purpose of such functions.

• declare a disruptive assembly.

• issue, or cause to be issued, to the participants in such assembly a notice of such declaration reasonably suited to reaching the participants under the circumstances.

• direct the participants to disperse or to vacate any building or other structure of the University.

.03 No students shall participate in, join, or assist any disruptive assembly duly declared to be such under the provisions of the preceding subsection after the expiration of ten (10) minutes from the first issuance of the notice described in the preceding subsection of this regulation; nor shall any students remaining in the immediate vicinity of a disruptive assembly, which has failed to disperse after expiration of the aforementioned ten (10) minute period, refuse to identify themselves correctly upon request by members of the faculty and administrative staff, other employees of the University, or officially recognized volunteers acting in performance of their official duties.

.04 No students shall willfully remain in or on any premises, building, or other structure which the student has been directed to vacate under subsection .02 when in so remaining on the premises, the students' presence constitutes (1) a clear and substantial risk of physical harm or injury to other persons, or of damage to or destruction of University property, or (2) an unreasonable prevention or disruption of the customary and lawful functions of the University by occupying necessary space or by use of force, or by threat of force.

(penalty: not less than disciplinary probation; not more than expulsion)

This regulation does not preclude an academic penalty imposed by an instructor as provided for Student Rights and Responsibilities, Section 1.2.3.

.01 No students shall, during the course of a quiz or examination (1) offer information of any kind to another student; (2) take and/or receive information of any kind from another student, or from the quiz or examination responses made by another student; or (3) have in their possession any tool, written material, or other device which may be of assistance to them in taking the quiz or examination, and which has not been authorized by the person proctoring the quiz or examination.

.02 No students shall submit as their own to an instructor any work which contains ideas or materials taken from another without full acknowledgement of the author and the source.

.03 No students shall submit as their own any work or assignment which contains content falsified by the student or content the student knows to be false.

.04 No students shall take, steal, or otherwise procure in an unauthorized manner any piece or pieces of writing or information which contain the questions or answers to an examination scheduled to be given to any individual or group enrolled in any course of study offered by the University.

.05 No students shall sell, give away, lend, or otherwise furnish to any unauthorized individual any piece or pieces of writing or information which contain the questions or answers to any examination scheduled to be given to any individual or group enrolled in any course of study offered by the University.

.06 No students shall knowingly participate in, or otherwise facilitate, the academic dishonesty, as described above, of another student.

.07 The unauthorized possession of any of the pieces of writing or information described above shall be considered prima facie evidence of a violation of the provision of this regulation.

(penalty: not less than warning probation; not more than expulsion, plus parental or guardian notification for serious first offenses, second offenses and any subsequent offenses for students under 21 years of age.)

No students shall possess, consume, or use alcohol on the campus of Northern Michigan University or while in or on any property belonging to or under the control of the University except as permitted in the policy titled 3.9 “Policy Regarding the Possession and Use of Alcoholic Beverages by Students.”

[Possess: Under Michigan law it is illegal for anyone under the age of 21 to purchase, consume or possess, or have any bodily content of alcohol]

(penalty: not less than warning probation; not more than suspension)

.01 No students shall fail to comply with reasonable and lawful requests or direction by members of the faculty and administrative staff, other employees of the University, or officially recognized volunteers acting in performance of their official duties.

.02 No students shall fail to answer promptly summons from faculty members, administrative officers, and officers of disciplinary committees.

(penalty: not less than warning probation; not more than expulsion)

No students shall fail to comply with published University policies.

(penalty: not less than warning probation; not more than suspension)

.01 No students shall, on University property, possess, store, mix, or experiment with any chemical or explosive materials including, but not limited to, gunpowder and gasoline, which may be injurious to the lives and safety of the University community. This regulation shall not apply to instructor supervised learning activities.

.02 Unless acting in compliance with a specific written exemption to this regulation from the Dean of Students, no students shall use or create an open flame, or use live or glowing embers or charcoal in any University buildings. This regulation shall not apply to instructor supervised learning activities. Smoking is permitted in compliance with University Regulation 2.2.29. Requests for exception to this regulation for ceremonial or religious purposes may be sought by making a written application to the Dean of Students.

(penalty: not less than warning probation; not more than restitution for damages and costs, and/or expulsion)

.01 No students shall intentionally or unintentionally damage or destroy property belonging to, or in the care or control of, either the University or another member of the University community.

.02 No students shall intentionally or maliciously alter, erase or otherwise corrupt information stored in or used by University computers, including, but not limited to, operating system software, application software, data files and the media on which such information is stored.

(penalty: not less than warning probation; not more than suspension)

No students shall make any disturbance or threat of violence in or on any building or property owned or controlled by the University. In the interpretation and application of this regulation, either a disturbance or a threat of violence shall be sufficient to constitute a violation. Fighting, defined as engaging in and continuing when one has an opportunity to disengage from a physical struggle with another person, is specifically prohibited under this regulation.

[A disturbance, which is something less than threats of violence, is an interruption of peace and quiet, a violation of public order in decorum, or an interference with or hindrance of one in pursuit of his/her lawful right or occupation.]

(penalty: not less than warning probation; not more than expulsion)

No students shall shout, jeer, make threats, or otherwise act in any manner so as to interfere with judicial hearings.

(penalty: not less than Warning Probation; not more than Expulsion, plus parental or guardian notification for serious first offenses, second offenses and any subsequent offenses for students under 21 years of age)

No students shall possess, use, distribute, sell or manufacture illegal drugs, or other controlled substances, in any building or on any property owned or controlled by the University, except as permitted by law.

[Controlled substances: Federal and state laws regulate the manufacture, sale, distribution, use and disposal of these substances. Examples: narcotics, stimulants, depressants, hallucinogens, anaerobic steroids, and chemicals used in production.]

(penalty: not less than disciplinary probation; not more than expulsion)

No students shall fail to comply with any disciplinary condition imposed upon them by any judicial body or administrator.

(penalty: not less than warning probation; not more than suspension)

No students shall knowingly offer false or misleading information at any disciplinary or administrative hearing, investigation, or meeting.

(penalty: not less than warning probation; not more than expulsion)

.01 No students shall disregard a fire alarm signal or refuse to evacuate a building or a section of a building where a fire alarm is sounding.

.02 No students shall ring any bell or operate, trigger, or tamper with any mechanical or electrical apparatus or combination thereof for the purpose of creating or causing another to create a false alarm of fire.

.03 No students shall, without authorization, operate, tamper with, or discharge any fire extinguishing equipment except for the purpose of extinguishing fires.

(penalty: not less than warning probation; not more than expulsion)

No students shall possess, explode, or cause to explode firecrackers or other types of fireworks or explosives in any building or on any property owned or controlled by the University.

(penalty: not less than warning; not more than warning probation)

No students shall enter or attempt to enter into any dance or social, athletic, theatrical or other event held on University property without a ticket of admission to such event when such tickets are required, or to enter or attempt to enter contrary to any established rules or qualifications for eligibility for attendance at such events as provided by the sponsors.

(penalty not less than disciplinary probation; not more than expulsion)

No students shall harass any member of the University community. Harassment for the purposes of this regulation shall be defined as verbal, physical, or written behavior which intimidates individuals or groups on any basis including race, ethnic background, color, religion, gender, national origin, age, height, weight, marital status, familial status, disability, sexual orientation, or veteran status, and interferes with an individual’s participation in the curricular or extracurricular activities of the University.

(penalty: not less than disciplinary probation; not more than expulsion)

No students or members of any registered student organization, athletic team, or other organized student group, shall engage in any intentional or unintentional act(s) which has the potential to embarrass, injure, frighten, degrade, or endanger any member or prospective member of an organization or group.

(penalty: not less than warning; not more than warning probation)

No students shall drop, deposit, discard, throw or otherwise dispose of refuse of any kind in buildings or on the grounds of University property except in receptacles provided for that purpose.

[Examples of refuse include, but are not limited to: cigarette butts, bottles, cans, papers, and food.]

(penalty: not less than warning probation; not more than suspension)

.01 No students shall enter into or remain in non-public areas of a residence hall which houses members of the opposite sex except during specified visitation periods.

.02 No students shall accompany, entertain or host members of the opposite sex in non-public areas of a residence hall except during specified visitation periods.

(penalty: not less than disciplinary probation; not more than expulsion)

No students shall deliberately or recklessly injure, threaten, endanger, or degrade a member of the University community.

(penalty: not less than warning; not more than financial restitution and/or expulsion)

.01 No students shall, without authorization, use, consume, acquire, remove, or detain property belonging to or rented by the University or belonging to or rented by a member of the University community including visitors and guests.

[Examples of Property include, but are not limited to: books, documents, maps, charts, construction materials, tools, vehicles, plants, food, furniture, and dishware.]

.02 No students shall engage in any activity using computer hardware, software, data files, local area network resources, commercial information services, or other information technology resources owned, operated, leased, or used by the University which impedes the ability of other members of the University community to use these resources.

(penalty: not less than warning; not more than disciplinary probation)

.01 No students, or guests, shall in any way create sounds in University housing which may be disturbing to students’ ability to study or sleep.

(penalty: not less than warning probation; not more than financial restitution and/or expulsion)

.01 No students shall inappropriately use their student identification card, key or key card, University fee card, or other official identification. Inappropriate use includes, but is not limited to, lending it to another person or using one that is not rightfully theirs.

.02 No students shall alter, forge or falsify any forms of identification record or other document used or maintained by the University or furnish false information to the University for incorporation in any such document. The reproduction and copying of any form of identification may be done only with proper authorization.

(penalty: not less than warning; not more than disciplinary probation)

No students shall engage in the business of soliciting or selling any services, activities, or goods, or take orders to make contracts for the purchase or delivery thereof, or sell or offer for sale tickets or goods, activities or services, or solicit for any purpose whatsoever, within the boundaries of the University campus without written permission from the Dean of Students; provided, however, that the provisions of this regulation shall not prohibit the distribution of written materials when such distribution conforms to the provisions of the policy entitled “Distribution or Sale of Written Materials” or the sale of items by students who have registered a fund-raising activity in compliance with the “Policy Relating to Registered Student Organizations”.

(penalty: not less than warning; not more than disciplinary probation)

.01 The use of sound amplifying equipment is permitted outdoors between the hours of 9:00 a.m. and 7:00 p.m. on the lawn adjacent to the north side of the University Center. The volume of amplification shall be restricted so that the maximum level of sound emanating from the sound amplifying equipment will not interfere with the instructional, research, and administrative functions of the University.

.02 The use of sound amplifying equipment is prohibited in other outdoor areas of campus when classes are in session and between the hours of 7:00 p.m. and 9:00 a.m. Written authorization to operate sound trucks on campus or to station them in areas other than that provided in section .01 of this regulation must be obtained from the Director of Student Activities.

.03 The use of sound amplifying equipment in University buildings requires written authorization from the Director of Student Activities. Such authorization is not required, however, for the personal use of sound equipment in residence halls or University-owned apartments or for any sound amplifying equipment which is used primarily for University classes or University sponsored academic, recreational, or athletic activities.

(penalty: not less than disciplinary probation; not more than expulsion)

No students shall, without proper authorization, take, steal, or otherwise procure information, ideas, or other material from computers.

(penalty: not less than warning; not more than disciplinary probation)

No students shall use the University name without express written authorization from the Communications and Marketing Office, except to identify their affiliation with the University. University approval or disapproval of any program, project, policy, or position may not be stated or implied by any student without written authorization by the President.

(penalty: not less than warning; not more than financial restitution for damages and warning probation)

Students are not permitted to use tobacco products in any facility or vehicle owned or operated, or under control of the University except in designated areas identified by “Smoking Permitted” signs.

(penalty: not less than warning; not more than suspension)

.01 Students may have visitors of the opposite sex in their residence hall rooms only during hours specifically established for visitation for the particular house in which they reside.

.02 Students using the privilege of visitation may not engage in cohabitation or indecent activities which contravene state law.

.03 During specified hours, unescorted or uninvited students are prohibited from being in residence halls which have an escort policy.

(penalty: not less than disciplinary probation; not more than expulsion)

No students shall keep, possess, display, use, or carry any weapon anywhere on the Northern Michigan University Campus or field station. In the interpretation and application of this regulation, weapons shall be deemed to include, but are not limited to, rifles, shotguns, handguns, bows, or other lethal or dangerous devices capable of casting a projectile by air, gas, explosives, or mechanical means.

Weapons used for recreational purposes may be registered and stored in the Public Safety and Police Services Office storage facility if they are transported directly from the Public Safety and Police Services Office storage facility to points outside the campus and field station of Northern Michigan University, and are transported from such points directly back to the Public Safety and Police Services Office storage facility. The means of transportation must be in accordance with Public Safety and Police Services Office instructions, and the weapon or weapons transported must be unloaded, and, when possible, encased, dismantled, or broken down.

The provisions of this regulation shall not apply to the lawful use or transportation of equipment required for classes or NCAA or USOEC athletic programs.

[Examples of projectile weapons include, but are not limited to: cross bows, airsoft guns, paintball guns, sling shots, and bb guns.]

Alleged violations of Administrative Policies shall be adjudicated administratively. Appeals will be handled according to Section 2.6.2.09.

(penalty: not less than warning; not more than warning probation)

Outside antennas of all kinds on residence halls or University-owned apartments are prohibited. Students are advised that splicing into or connecting with University-owned cables and antennas is prohibited by law and could result in arrest as well as restitution for damages.

(penalty: not less than warning; not more than warning probation)

Athletic activities capable of damaging personal or university property must be kept a safe distance from the University buildings. All athletic activities, games, and experiments (e.g., skateboarding, rollerblading, biking) are prohibited in hallways and common areas in University buildings.

(penalty: not more than warning probation and restitution in the amount of $5.00)

Students are expected to bus their trays in University dining rooms after every meal.

(penalty: not less than warning; not more than disciplinary probation)

Because of the danger of fire, the use of or making of candles is prohibited in residence hall rooms and the WoodlandPark apartments.

(penalty: not less than warning; not more than disciplinary probation)

.01 Dress in University food service facilities shall conform to applicable state and federal sanitation regulations.

.02 Dress in any academic or administrative building or common area of a residence hall or University apartment shall not be disruptive to University affairs.

(penalty: not less than warning probation; not more than financial restitution for damages and/or disciplinary probation)

Because of the hazards of fire and the limits on the amount of electricity which can be safely used on any electrical circuit, good judgment should be exercised in using electrical appliances in University housing facilities. Television sets are permitted in residence hall rooms provided all occupants of the room agree. Sun lamps, clamp-on-bed lamps, electrical heaters, open-element popcorn poppers, hot plates, indoor grills, hazardous electrical appliances, and appliances in need of electrical repair are specifically prohibited.

(penalty: not more than warning probation, restitution and/or a fine in the amount of $5.00)

No person shall, without proper authorization, remove food of any kind from Quad I dining room or serving area.

(penalty: not less than warning probation; not more than financial restitution and/or disciplinary probation)

.01 No persons shall stay overnight or permit or assist other persons in staying overnight in a residence hall room in which they are not registered by authorized personnel as a resident or as an overnight guest.

.02 Students residing in residence halls which remain open during periods when classes are not in session shall register with the area manager or designee. Students who wish to secure housing on campus during periods when classes are not in session shall register for rooms in residence halls which are kept open for that purpose.

.03 No students shall receive food from a residence hall food service area unless they:

1. have a food service contract;

2. pay for the meal at the entrance to the serving area; or

3. have a guest meal ticket.

.04 Persons who have no food service contract or have not purchased a meal ticket shall not be allowed to enter dining rooms during meal serving periods. Residents who host guests for whom a guest meal ticket is not purchased will be charged a $10.00 penalty for each guest per meal.

.05 No students shall use laundry facilities (washers and dryers) in University housing unless they have a residence hall room and board contract or an apartment lease.

(penalty: not less than warning; not more than suspension)

.01 No students shall move University equipment or furnishings from room to room, or from rooms, lounges, or lobbies in any University owned building without specific written authorization from the administrative staff member responsible for that building.

.02 Only free standing or unaffixed furniture may be rearranged within residence hall rooms and apartments.

(penalty: not less than warning; not more than suspension)

Overnight guests of the same sex are permitted in University housing facilities provided the roommate has agreed to the visit. Guests must be registered with the Resident Director or his/her designee. Guests should be registered one day in advance when possible, and residents are urged not to host guests during final examination week. The hosts shall be responsible for their guest’s conduct. Guest privileges shall not be so construed as to permit people to simply “move in” for extended periods of time. Under no circumstances will more than three people be permitted to occupy a residence hall room overnight. Residents who host unregistered guests may be charged a fee of $5.00 per night for each unregistered guest.

(penalty: not less than warning; not more than restitution for cleaning and damages and/or disciplinary probation)

Pets of any kind, except fish, are prohibited in University residence halls and apartments.

(For more specific regulations on this subject, see the University Ordinances.)

(penalty: not less than warning; not more than warning probation)

.01 The posting of notices in residence halls and apartments is prohibited unless special permission is granted by the Resident Director or Coordinator of Apartment Services. Posting of notices on the small bulletin boards in any of the residence hall houses requires the permission of the house Resident Adviser. In either case, required permission shall be given according to posting policies established by the hall government. The responsibility for removing notices and signs is assumed by the person who posts them.

.02 The posting of signs and notices is prohibited in all food service areas without special permission from the General Manager of Dining Services or designee.

.03 Posting in all other buildings is controlled by the Posting Materials Policy. (See the Policies for Governing Student Organizations Handbook.)

(penalty: not less than warning; not more than warning probation)

Room changes are prohibited unless written authorization has been granted by the Resident Director.

(penalty: not less than warning; not more than financial restitution for repairs and replacement and/or disciplinary probation)

Screens are to remain in place at all times.

(penalty: not less than warning; not more than suspension)

Water, food, and shaving cream fights are prohibited in University buildings because of the potential damage to property and disturbance to others.

Students make many decisions regarding their behavior and it is desired that these decisions not conflict with the University’s expected standards of behavior. However, when a student violates those standards due to a poor decision, then an appropriate sanction must be imposed by way of a judicial process which guarantees due process with due regard to the student’s rights as a citizen and as a member of the University community.

The adjudication process and any resultant action serves to assist the student in recognizing and correcting behavior that is incompatible with the norms of the University community, and hopefully to deter others from making inappropriate decisions. It is unusual when a student’s action demonstrates that basic standards of behavior have not been met or that the best interests of the student and the University cannot be served by the student’s continued enrollment. However, in such instances, the University is obligated to separate the student from the University community.

The responsibility for adjudicating alleged violations of the Student Codeat NorthernMichiganUniversity is delegated by the Board of Trustees to the President who delegates it to the Associate Provost for Student Services & Enrollment. It is then delegated to the Dean of Students or designee and members of various judicial committees. In order to fulfill this responsibility, a judicial process should be designed to meet essential standards of reasonableness and fairness. Therefore, procedural requirements of due process as outlined in the following sections have been established in an effort to ensure that every student receives equitable and judicious treatment if charged with a violation of the Student Code. Judiciaries serve to provide the student charged with a hearing by impartial persons if the student denies the charges. However, it should be clearly understood that they do not sit as courts of law and are not restricted by the legal rules of evidence and procedure, since they hold administrative hearings which allow flexibility and the reasonable use of discretion.

The judicial process described herein governs the implementation of the process for adjudicating alleged violations of the Student Code. Alleged violations of administrative policies shall be adjudicated administratively, except that appeals of administrative decisions shall be handled according to the provisions of Section 2.6.2.09.

Any questions regarding the judicial process, the Student Code, or any aspect of the Student Conduct Program, should be referred to the Dean of Students Office.

Alleged violations of the Northern Michigan University Student Code may be reported by any member of the University community. The report, which is called the Description of Incident, must be in writing. Whenever possible, the person who observes the violation should submit the Description of Incident. A Description of Incident pertaining to a residence hall student should be submitted to the Resident Director of the hall in which that student lives. A Description of Incident pertaining to students who do not live in the residence halls should be submitted to the Dean of Students Office.

Once a Description of Incident is received, the Resident Director or the Dean of Students, or designee, as appropriate, shall investigate and determine whether the alleged violation will be adjudicated.

If the person who conducts the investigation of the alleged violation finds sufficient grounds to initiate formal disciplinary proceedings, then the following procedural guidelines shall apply.

.01 Complaint is adjudicated:

• Specification of Charges will be written and will contain the following information:
  • A numbered series of allegations which, either individually or collectively, constitute one or more violations of the Student Code. Each item shall be specific, clear, and concise, and shall state or describe one fact, situation, or occurrence. These items are based on concrete and/or circumstantial evidence and provide the probable cause that a violation(s) has been committed.
  • References to one or more sections of the Student Code alleged to have been violated, and the numbers of the items alleged to constitute or support that violation.
  • Names of some witnesses able to testify to the items specified, but the absence of a name does not preclude that witness from providing testimony.
  • The name and address, if known, of the student charged.
  • A space after each item for the plea of the accused and an adjoining space for notation of the finding by the appropriate administrator or judicial body.

• The student shall be given written notification that the student is charged with violating a provision of the Student Code. Such notice will be considered received by the student if it is delivered in person, by campus mail, by United States mail, or by NMU email.
  • An administrative hearing shall be scheduled with the Resident Director, the Dean of Students or designee. The student shall be notified in writing 48 hours prior to the scheduled administrative hearing. 
  • The Rights provided in Section 2.6.1 of the judicial process shall apply to administrative hearings. The Dean of Students or designee shall establish the procedures to be followed in administrative hearings. All administrative hearings are closed to the public. Penalties shall be selected from those stated in Section 2.9.1 of the judicial process. It is at the discretion of the administrator who conducts the administrative hearing to combine penalties for multiple violations, and to review the student’s past violations of the Student Code, if any, and academic progress; and to interview University employees having knowledge of the student charged so that appropriate penalties and special conditions may be selected. The range of penalties noted in the legend after each regulation should be treated as a guideline for those who impose penalties. It is expected that the penalty will be chosen from the indicated range unless extenuating circumstances exist. In cases of serious, aggravated, or repeated violations, more serious penalties may be imposed.
  • The student may accept responsibility for the alleged violation and a penalty will be issued. The student will receive a copy of the penalty in writing.
  • The student may deny responsibility for the alleged violation or stand mute, in which case the Dean of Students or designee shall refer the case to one of the judiciaries and schedule a hearing date, time, and location.
    • At least 48 hours prior to a hearing by a judiciary the student shall receive verbal or written notification of the time and place of the hearing. If the notification is verbal, then notification will follow in writing, as provided in Section 2.5.2.01as soon as possible. The Dean of Students or designee may, in appropriate cases, grant the student additional time to prepare his/her defense. Extensions must be requested at least 24 hours prior to the scheduled hearing time.

.02 Temporary Suspension

In those cases where the student is materially hindering the University in the discharge of its basic responsibilities to maintain an orderly educational atmosphere and to function without interruption as an institution of higher education, or where there is serious threat to the safety of persons or property, the Dean of Students or designee may temporarily suspend from classes or otherwise restrict the student for a period of up to seven (7) class days or until such time as the adjudication process is completed.

This section does not apply to cases on appeal.

.01 The student charged shall be entitled to a hearing by impartial persons.

.02 The student charged shall be entitled to be present at the hearing during the presentation of any matters on which a decision to affirm or deny an item or charge on the Specification of Charges may be based.

.03 The student charged shall be entitled to present his/her case through statements, questions, witnesses, and other forms of evidence. Any questions in regard to the relevancy of testimony, questioning, or other forms of evidence shall be decided by the judiciary chairperson.

.04 The student charged shall be entitled to be accompanied by counsel of his/her choice; counsel shall be a member of the faculty, staff, or student body of the University. Counsel shall not be a licensed or a practicing attorney. Counsel shall be allowed to ask questions for and to speak for the person(s) represented; however, members of the judicial body may question the student charged directly, and the student charged shall answer directly to the judiciary. If more than one student is charged in connection with the same situation or occurrence, then counsel for one such student cannot be another student who is charged. In addition, anyone acting as a witness in a case may not act as counsel for another in the same case.

.05 When a student is accused of violating the Student Code, and criminal charges are pending against the student, an attorney may be present. When this is the case, the role of the attorney is limited and passive. He/she cannot actively participate in the hearing or ask questions of witnesses or judicial board members. His/her role is to advise the student regarding self-incrimination and to observe the proceedings.

.06 The student charged shall be entitled to refuse to answer questions. Other witnesses shall be required to answer all questions asked of them unless their answers would tend to incriminate them under any provisions of the Student Code.

.07 Decisions of the judicial body to affirm or deny any particular item or charge on the Specification of Charges shall be made only on the basis of matters presented at the hearing.

.08 The student charged shall be entitled to have a record of the events of the hearing. If the hearing is closed, the University may require that the record remain in its custody; provided, however, that the student charged has access to the record for all purposes relating directly to hearings and any appeals.

.09 If the student is found responsible of the charge(s) then he/she shall be entitled to a written notice of the results and findings of the hearing and to an explanation of the decision and penalty assessment. If the student is found not responsible of the charge(s), then all related documents and records shall be destroyed.

.10 The student charged has the right to appeal any decision of a judicial body or to request leniency of a penalty imposed by the judicial body. A student whose violation is adjudicated administratively may request leniency of the penalty. Should such an appeal or request for leniency be made, any action based on such decisions shall be held in abeyance until acted upon by the appropriate appeal board or reviewing official.

.11 All judicial hearings are closed to the public unless a written request for an open hearing is submitted at least twenty-four (24) hours in advance of the hearing by the student charged to the chairperson or the adviser of the judiciary to which the case has been referred and approved by the chairperson or adviser. Persons in attendance at closed hearings shall be limited to:

• the members of the judiciary and adviser(s),

• the student charged and his/her counsel,

• witnesses, and

• individuals with an interest in the case who are authorized to attend by the chairperson or the adviser to the judiciary.

.12 In hearings involving more than one student, in which one or more students, but not all, request an open hearing, separate hearings shall be held.

.13 The adviser to the judicial body which is to conduct an open hearing shall make reasonable provisions for the attendance of members of the University community who have an interest in the proceedings. Attendance of all other persons is subject to prior approval of the adviser or the chairperson. Recording devices may be present in the hearing room only with approval by the chairperson or adviser. Cameras are prohibited.

.14 The chairperson of the judicial body is authorized to disclose the names and disposition of cases for which open hearings have been held. In the case of closed hearings, the disposition of the case may be disclosed to members of the University community who have a need to know if approval is given by the Dean of Students to disclose the information.

The following rules of procedure are established for use by the Student-Faculty Judiciary and the All Student Judiciary.

.01 Quorum: A maximum of twelve members of the All Student Judiciary may hear a case, and five members shall constitute a quorum. A maximum of ten members of the Student-Faculty Judiciary may hear a case, and five members shall constitute a quorum. The student shall have the right to waive the quorum requirement. If a quorum cannot be obtained and is not waived, then the case shall be rescheduled.

.02 Voting: A simple majority vote of those judiciary members present at any hearing shall be necessary and sufficient for any action.

.03 University Personnel: A member of the Dean of Students staff shall be present at the hearing as a procedural adviser to the judicial body. The adviser shall not participate in the fact-finding portion of the hearing except to ensure that established procedures are followed and to ask the chairperson to rule on the relevancy of any line of questioning. After the Specification of Charges has been affirmed by the judiciary, the adviser may contribute pertinent information in the penalty assessment stage. Pertinent information may include past violations of the Student Code, if any, and academic progress. The adviser may also be interviewed by the judiciary if there is any particular knowledge to be given that may assist the judiciary in assessing a penalty or selecting a special condition. When Resident Advisers are involved as witnesses, a Resident Director may attend hearings to answer specific procedural questions.

.04 Witnesses: Prior to the hearing and during the hearing until called to testify, the complainant and his/her witnesses, may be kept in an area separate from the witness(es) for the student charged. The witnesses shall remain in the hearing room after they have given their testimony. The names of all witnesses shall be given to the chairperson and the accused student prior to the start of the hearing.

.05 The Chairperson of the Judiciary-the chairperson shall have the authority to:

• Direct the hearing.

• Call recesses.

• Postpone hearings.

• Take appropriate steps to maintain order at hearings.

• Decide questions on the relevancy of evidence or testimony.

• Recall witnesses or call such further witnesses as would seem able to aid in the resolution of matters germane to the hearing.

• Monitor the presentation of questions to witnesses by members of the judicial body.

• Vote only in case of a tie.

• If the student charged acknowledges the truth and accuracy of all items in the Specification of Charges, then the judicial body will:
  • Note the affirmative plea after each item presented in the Specification of Charges.
  • Hear any testimony in mitigation of the Student Code violation(s) that will enable the judicial body to select an appropriate penalty within the limits provided in the Student Code.
  • Decide upon an appropriate penalty or penalties within the jurisdictional limits provided in the Student Code.
  • Return the Specification of Charges to the Dean of Students Office with a notation of the pleas, judicial decision(s), and a statement of the penalty imposed. The Penalty Assessment letter shall be signed by the judiciary’s chairperson.
• If the student charged denies the truth or accuracy of any part of the Specification of Charges, or stands mute, the hearing shall proceed in the following manner:
  • The complainant whose name appears on the Specification of Charges and any others who support the complaint shall be called individually to testify and shall then be questioned by the judiciary.
  • The witnesses in support of the complaint shall be followed by the presentation of the student charged. The student charged or counsel shall present his/her response by giving testimony, answering questions from the judiciary, and then calling witnesses, if any, capable of giving testimony on the student’s behalf. These witnesses shall also be questioned by the judiciary.
  • After the judiciary has questioned each witness, there shall be a period of open questioning. The student charged or his/her counsel shall have the right to question the complainant and the complainant’s witnesses and to examine evidence presented in connection with the testimony. In addition, any witnesses in support of the complaint may offer to clarify his/her testimony. All questions or clarifications must be relevant to the case being decided, and relevancy shall be decided by the judiciary’s chairperson. Any further questions from the judiciary shall then be asked.
  • Summary statements are permissible at the close of all questioning by all of the involved parties in the following order: complainant’s witnesses, complainant, accused’s witnesses, and the accused student or counsel. These statements shall be concise and directed to the judiciary.

Note: The judiciary has the right to amend any item on the Specification of Charges for purposes of clarification or consistency, so long as such amendment will not have the effect of adding any substantive allegation to the Specification of Charges. The student must be notified of any amended item and given a chance to respond.

.07 Closed Session: After the fact-finding portion of the hearing is concluded, the judicial body shall go into closed session with only the adviser(s) present.

• Decision: The truth or falsehood of each factual allegation appearing in the Specification of Charges shall be termed a “question of fact” for the purposes of the judicial process. After resolving all questions of fact, the judicial body shall decide whether each item and charge of the Specification of Charges has been established by clear and convincing information, and as to each item and charge they shall note their affirmative or negative decision in the space provided on the Specification of Charges.

• Penalty: If the judiciary shall find that the items affirmed are sufficient to constitute any violation, they shall assess a penalty within the jurisdictional limits provided by the Student Code. It is at the discretion of the judiciary to combine penalties for multiple violations and to review the student’s past violations of the Student Code, if any, and academic progress, and to interview University employees having knowledge of the student charged so that appropriate penalties and special conditions may be selected. The range of penalties noted in the legend after each regulation should be treated as a guideline for those who impose penalties. It is expected that the penalty will be chosen from the indicated range unless extenuating circumstances exist. In cases of serious, aggravated, or repeated violations, more serious penalties may be imposed.

• Return of the Specification of Charges: The adviser to the judiciary shall remain with the judicial body while they confer in seclusion but shall not comment on any of the facts of the case. The adviser may offer information, as suggested above, in the penalty assessment stage. After the decisions of the judicial body have been reached, the chairperson shall forward one copy of the Specification of Charges as acted upon to the Dean of Students Office. The forwarding of all copies shall be done through the adviser.

.08 Multiple Accused: In the event that more than one student is charged in connection with the same situation or occurrence, each student shall have the option of an open or closed hearing. If any students request a closed hearing and others request an open hearing, those who desire a closed hearing will have their cases adjudicated independent of those requesting an open hearing. If the students charged number two or more and their cases are being heard together, the proceedings shall be the same as for one student charged except that the judicial body shall not seclude themselves and make a decision on any of the students charged until they have heard from all students involved in the case.

.09 Minor Case Referral: At the discretion of the Dean of Students or designee, cases of a minor nature may be referred to a lower judicial body comprised of only residence hall students on the All Student Judiciary and the Student-Faculty Judiciary. This judicial body shall be known as the ASJ-SFJ Auxiliary. Referrals are limited to those cases in which the student charged lives in a residence hall, does not have a prior offense, or is appealing the outcome of a hearing for a violation of an administrative policy. Three members of the ASJSFJ Auxiliary shall constitute a quorum. All other sections of the Student Code are applicable to the ASJ-SFJ Auxiliary, except that appeals of Administrative Policies shall be handled by the procedure established for the Board of Student Conduct Appeals. The adviser to the ASJ-SFJ Auxiliary shall be designated by the Dean of Students on a case by case basis.

.01 Membership: The student members of the All Student Judiciary shall number sixteen. These may be undergraduate and graduate students. The number of graduate students may not exceed the percentage of graduate student membership in the total on-campus student population. The membership shall include representation from the residence halls and off campus.

• All members shall be selected through an interview process in which members of the judiciary and the adviser participate. New members shall be approved by the Governing Board of ASNMU.

• Members shall be appointed for a period of three years. They must maintain at least a cumulative GPA of 2.00 and be free of probation imposed through the University’s judicial process. Members may be reappointed by following the same procedure.

• Members may be recalled only following impeachment proceedings carried out by the ASNMU Governing Board when good cause for removal is determined by resolution of the appointing group.

• The Dean of Students shall appoint a member of the Dean of Students Office who shall advise the judiciary in carrying out its responsibilities.

.02 Jurisdiction: The All Student Judiciary may hear cases involving University regulations except those which may result in suspension or expulsion.

.03 Referral of Cases: The All Student Judiciary may waive jurisdiction over cases and refer them to the Student-Faculty Judiciary provided there are reasonable grounds for such referral, that such action is taken prior to the commencement of a formal hearing of the case, and that the Dean of Students or designee concurs.

.04 Penalties: The All Student Judiciary may impose only the following penalties: warning, warning probation, and disciplinary probation. The judiciary may also impose appropriate special disciplinary conditions, but only if they accompany a penalty.

.01 Membership: The Student-Faculty Judiciary shall have sixteen members. More specifically, the membership shall include:

• Eight students, each of whom shall have attained at least twelve hours of academic credit at the time of their appointment and have one semester of experience on the All Student Judiciary. Preferably, at least one student should be a minority student. All applicants and members must have at least a cumulative GPA of 2.00, and be free of probation imposed through the University’s judicial process.

• Six members of the faculty appointed by the Academic Senate.

• Two members of the administration appointed by the Associate Provost for Student Services & Enrollment.

• The Dean of Students shall appoint a member of the Dean of Students Office who shall advise the judiciary in carrying out its responsibilities.

Members shall serve for a period of three years provided they retain eligibility. Student and faculty members may be recalled only following impeachment proceedings carried out by the organization which appointed them where good cause for removal is determined by resolution of the appointing group. Administrative staff members may be terminated by the Associate Provost for Student Services & Enrollment for poor attendance or performance at hearings.

.02 Chairpersons: At the first meeting of the academic year, the voting members of the Student-Faculty Judiciary shall select from among their members three co-chairpersons. These three people shall alternate as chair throughout the year, but may be called upon to serve as chair as needed. Chairpersons shall vote only in the case of a tie.

.03 Spring and Summer Sessions: An interim Student-Faculty Judiciary shall be established by the Dean of Students to deal with cases during the period between the winter and fall semesters. This judiciary shall be composed of faculty and administrative-professional staff members and continuing or enrolled students.

.04 Jurisdiction: The Student-Faculty Judiciary shall hear all cases referred to it by the Dean of Students or designee.

.05 Penalties: The Student-Faculty Judiciary may impose any of the penalties defined in Section 2.9.1 of this document.

.01 Membership: The members of the BSCA shall number three, and shall consist of one student appointed by the Governing Board of ASNMU from nominees submitted by the active student members of the Student- Faculty Judiciary, one member of the faculty appointed by the Academic Senate, and one member of the administrative staff appointed by the Associate Provost for Student Services & Enrollment. One alternate shall be appointed for each position according to the same procedure. If possible, all nominees should possess experience on a University judicial board. Members and alternates shall serve for a period of three years provided they retain eligibility. Members may be reappointed by following the same procedure. A chairperson shall be selected by the members of the BSCA.

.02 Jurisdiction: The BSCA shall have appellate jurisdiction over all other judicial bodies regarding findings of fact and questions of procedure and shall have original jurisdiction for cases involving requests for readmission because of expulsion for disciplinary reasons after a student has been denied readmission by the Dean of Students. The BSCA shall also review all other matters referred by the Dean of Students or designee.

.01 An appeal must be in writing and its scope shall be limited to findings on questions of fact and/or questions of procedure as identified by the appellant. The truth or falsehood of each factual allegation appearing in the Specification of Charges shall be termed a “question of fact” for the purposes of the judicial process. Evidence which was known to the accused student at the time of the original hearing but was withheld shall not constitute a question of fact nor is it to be considered upon appeal. “Questions of procedure” are limited to those which significantly affected the outcome of the case.

.02 The student charged, the complainant, the Dean of Students, or the designee for the Dean of Students may submit an appeal in writing within 48 hours after the Specification of Charges has been acted upon. The accused student shall submit the appeal to the Dean of Students or designee who shall then notify the BSCA. If the Dean of Students or designee has an appeal, it shall be submitted directly to the BSCA who shall inform the student charged that an appeal has been received. It is optional for the student charged, the complainant, the Dean of Students or designee, to submit a response to the appeal.

.03 The BSCA shall then request from the adviser of the judicial body whose decision is appealed a copy of the Specification of Charges and all evidence upon which the previous decision was made. Three members of the BSCA (one student, one administrator, one faculty member) must be present for appeals to proceed and all decisions shall be based on a simple majority vote.

.04 The Board of Student Conduct Appeals shall call any witnesses it deems necessary and also review the written appeal statement, the Specification of Charges, and the evidence and determine, as applicable, whether a procedural violation occurred or whether the original decision to find the student responsible of any charge on the Specification of Charges was erroneous. If a procedural violation occurred prior to the student being found responsible, then the case shall be sent back to the Dean of Students or designee who shall have the discretion to drop the charges or schedule a rehearing by the judiciary which had original jurisdiction. If the procedural violation occurred after the student was found responsible, then the BSCA shall reassess the penalty. If it is determined that an original decision of finding the student responsible of the Specification of Charges was erroneous, then the BSCA shall note it as “overruled” and the charge shall be dismissed.

.05 In appealed cases which are not remanded or overruled, the BSCA shall automatically review the appropriateness of the assessed penalty and any special conditions. The BSCA may not increase the severity of the penalty, but may modify or reduce it. However, special conditions may be added or changed at the discretion of the BSCA. This automatic review precludes an appeal for leniency to the Dean of Students or designee.

.06 The BSCA chairperson shall inform the accused student and the Dean of Students or designee in writing as to the findings and decisions.

.01 If the student does not appeal to the Board of Student Conduct Appeals but seeks to have a penalty or special condition reconsidered, a written statement must be submitted to the Dean of Students or designee within 48 hours after the penalty is imposed. The written statement shall provide a rationale as to why the penalty assessment or special condition should be changed.

.02 Prior to ordering into execution any penalty or special condition, the Dean of Students or designee shall give the student an opportunity to request within 48 hours an interview with the Associate Provost for Student Services and Enrollment or designee at which the student may present any matters which the student deems to be relevant to the penalty. Such an interview may be requested by either the student or the Dean of Students or the designee of the Dean of Students. After evaluating all matters brought forth during the interview, the Associate Provost for Student Services and Enrollment or designee may:

• Modify the penalty;

• Uphold the penalty imposed by the judiciary or administrator;

• Refer the consideration of the penalty to the Board of Student Conduct Appeals; or

• Request the President to appoint a hearing agent who shall consider the penalty and render a decision.

No penalty shall become effective until it is ordered into execution by the Dean of Students or designee. Penalties shall be ordered into execution (1) 48 hours after the student has received written notice of the decision of the judicial body or administrator and has had the opportunity to request leniency; or (2) immediately after action by the Board of Student Conduct Appeals.

.01 Warning: An official written reprimand.

.02 Warning Probation: Warning Probation is a temporary status for a specified period of time not to exceed four (4) months, during which further violations of the Student Code may result in more severe disciplinary action. In addition, however, Warning Probation may include special conditions which are deemed relevant and appropriate to the particular offense.

The student shall automatically be removed from Warning Probation status when the imposed probationary period expires. The period of probation shall be in effect only while the student is enrolled for credit at Northern Michigan University.

.03 Disciplinary Probation: Disciplinary Probation is a temporary status for a specific period of time not to exceed one (1) year during which further violations of the Student Code may result in Suspension or Expulsion. In addition, conditions listed above under Warning Probation may be imposed.

The student shall automatically be removed from Disciplinary Probation status when the imposed probationary period expires. The period of probation shall be in effect only while the student is enrolled for credit at Northern Michigan University.

.04 Suspension: A decision of Suspension terminates the student’s status as an enrolled student for a specific period of time up to a maximum of one year and prohibits the student from attending classes. A suspended student may not enter onto any part of the campus without specific authorization from the Dean of Students or designee. Students who reside on campus shall remove their belongings from their place of residence within 48 hours of notice of the penalty of Suspension.

• The terms of Suspension may also include other conditions which may apply at the time that the disciplinary decision is rendered and/or to a period following the student’s reinstatement.

• At the discretion of the judicial board or administrator who hears the case, the suspension may be held in abeyance.

• A violation of the terms of suspension or suspension in abeyance may result in an extension of the period of suspension, which may be summarily imposed by the Dean of Students.

• In those cases where the student is materially hindering the University in the discharge of its basic responsibilities to maintain an orderly educational atmosphere and to function without interruption as an institution of higher education, or where there is serious threat to the safety of persons or property, the Dean of Students or designee may temporarily suspend from classes or otherwise restrict the student for a period of up to seven (7) class days or until such time as the adjudication process is completed.

When the President of the University determines it to be in the interest of justice and efficiency, the President may appoint a disinterested hearing agent to perform the functions of any judicial body or the Board of Student Conduct Appeals. A hearing agent may be appointed at any time:

• Before a decision is rendered by any of the judicial bodies;

• Between the time that an appeal is filed and the time that a penalty is ordered into execution; or

• At the request of the Dean of Students as provided by Section 2.8.3.02.