Article V: Conduct Hearings

Anyone may provide information to Student Rights and Responsibilities regarding an alleged violation(s) of the Student Code by a WMU student. The information shall be presented in writing and directed to the appropriate staff in Student Rights and Responsibilities/or designee. Information should be submitted as soon as possible after the event takes place, preferably within five University business days.

The appropriate staff in Student Rights and Responsibilities may conduct an investigation to determine if the information has merit and/or if the situation can be resolved administratively by mutual consent of the parties involved on a basis acceptable to the appropriate staff in Student Rights and Responsibilities. Such resolution shall be final and there shall be no subsequent proceedings. If the situation cannot be resolved by mutual consent, the appropriate staff in Student Rights and Responsibilities/or designee, may later serve in the same matter as the conduct body or a member thereof. If the student admits responsibility for violating University policies, but sanctions are not agreed to, subsequent processes, including a hearing if necessary, shall be limited to determining the appropriate sanctions.

Any formal charge(s) that result from information brought to Student Rights and Responsibilities shall be presented to the respondent in written form by a conduct body. Cases that are likely to result in suspension or expulsion shall be heard no sooner than 24 hours after notice to the student. All other cases shall be dealt with in a more informal manner and may be heard simultaneously with notice.

Allegations of violations of Article IV, Section B.01 of the Student Code are brought forward by the faculty member of the course and reviewed using the process described in Article VI.

Complaints under the Western Michigan University Sexual and Gender-Based Misconduct Policy (www.wmich.edu/sexualmisconduct), will be reviewed using the process described in the policy.

Hearings shall be conducted by a conduct body according to the following guidelines:

1. The appropriate staff in Student Rights and Responsibilities/or designee shall decide hearing type for each case.
2. When the choice is made to use a member within Student Rights and Responsibilities/or designee to hear a case, the conduct body may be expanded, at the sole discretion of the appropriate staff in Student Rights and Responsibilities, to a total of either three to five members, with the staff member from Student Rights and Responsibilities staff/or designee, serving as chairperson.
3. Hearings shall be closed to the public.
4. Admission of any person to the hearing shall be at the discretion of the appropriate staff member in Student Rights and Responsibilities/or designee.
5. In cases involving more than one respondent, the hearing concerning each student may be conducted separately or together. This determination will be made solely at the discretion of the appropriate staff member in Student Rights and Responsibilities/or designee.
6. The respondent and witnesses may be assisted by one support person of their own choosing and at their own expense. Support persons are not permitted to speak or to participate directly in any hearing before a conduct body. All communications related to the case (before, during and after a hearing) shall be directed to the respondent and not to any support person.

7. The respondent shall provide the hearing body with a written list of witnesses or any support person at least 24 hours in advance of the hearing.
8. The respondent and the conduct body shall have the privilege of presenting witnesses. Witnesses are subject to questioning in an appropriate manner by the respondent and the conduct body in a manner determined by the conduct body.
9. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a conduct body at the sole discretion of the appropriate staff within Student Rights and Responsibilities/or designee.
10. All procedural questions are subject to the final decision of the chairperson of the conduct body.
11. After the hearing, the conduct body shall determine (by majority vote if the conduct body consists of more than one person) if the respondent is/is not responsible for violation of each section of the Student Code for which the student is charged.
12. The conduct body’s determination shall be made on a preponderance of evidence.
13. There may be a single verbatim record, such as a digital recording, of hearings before a conduct body. This record shall be the property of the University.
14. Except in the case of a student charged with failing to set up or keep an appointment with a staff member in Student Rights and Responsibilities/or designee, no student may be found to have violated the Student Code solely because the student failed to attend a conduct hearing. In all cases, the evidence in support of the charges shall be presented and considered. The failure of a student to appear shall not preclude a hearing from proceeding.

Individual conduct files that contain cases that have resulted in the sanction of suspension or expulsion shall be kept permanently on file. All other individual files shall be kept for seven years after any sanctions expire unless they are expunged (as described below.) Students may request to have their conduct record expunged under the conditions listed below. Expungement shall be at the sole discretion of the appropriate staff in Student Rights and Responsibilities and shall require the entire record to be expunged or none of it to be expunged (i.e., no partial expungement shall be allowed). Conditions for expungement include:

1. Application for expungement shall occur only upon completion of all degree requirements and attainment of a degree.
2. Expungement may occur only for students who have sanctions other than suspension or expulsion and whose violations were determined not to have threatened or endangered the health or safety of any person. Records for a student(s) who has been suspended or expelled are not eligible for expungement.
3. Expungement decisions shall be made based on obvious long-term improvement in behavior, or lack thereof, (e.g., no violations of the student code for two or more consecutive semesters prior to graduation), and/or demonstration, or lack thereof, of cooperation in previous student conduct matters, and/or any other reasonable factor.

In certain circumstances, the VPSA or designee, may impose an action (including University suspension) prior to a hearing before a conduct body or investigation.

1. Interim action may be imposed only in:
   a. Instances where a student engages, or threatens to engage, in behavior which poses an immediate danger to the health, well-being or safety of others; or
   b. Instances which cause significant property damage, or would directly and substantially impede the lawful activities of others; or
   c. Instances where a student’s behavior disturbs normal University operations, consumes an inordinate amount of University staff time and/or resources, or may interfere with the educational process and/or the orderly operation of the University.
2. During the interim suspension and/or trespass, students shall be denied access to University housing and/or campus (including classes) and all other University activities or privileges for which the student might otherwise be eligible, as the VPSA or designee may determine to be appropriate. 
3. Students placed on interim action are entitled to a subsequent hearing within a reasonable time period. 
4. A student shall remain suspended and/or trespassed until all appeals are exhausted, or the appeal deadline is passed or the VPSA or designee determines otherwise.

In the following circumstances a voluntary or involuntary assessment can be requested:

1. Instances where a student engages, or threatens to engage, in behavior which poses a danger of causing physical harm to others; or
2. Instances which cause significant property damage, or would directly and substantially impede the lawful activities of others; or
3. Instances where a student’s behavior disturbs normal University operations, consumes an inordinate amount of University staff time and/or resources, or may interfere with the educational process and/or the orderly operations of the University.

Direct Threat

In determining whether an individual poses an imminent danger or a direct threat to the health or safety of others, the University will make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk.

A. Voluntary Assessment

When a student is referred to the VPSA or designee based on behavior listed in Section D, #1-3, the student is required to meet with the VPSA or designee as requested. The VPSA or designee may include in this meeting staff from Western Michigan University’s Counseling Services/Sindecuse Health Center or other units as appropriate. If, based on the content of the discussion, the student agrees to have an assessment; the VPSA or designee shall designate/refer the student to qualified professionals (licensed psychologist, counselor, psychiatrist, and/or physician) for assessment. The University will incur the cost for the assessment. The licensed professional is empowered by these regulations to share general information and the outcome of the assessment with the VPSA or designee and/or the Early Intervention Team (EIT). The minimum necessary information will be disclosed and will be held by the VPSA or designee and/or the EIT in confidence and will be shared only with those University employees with a legitimate need to know. The student may not be accompanied by anyone during the evaluation.

The licensed psychologist, counselor, psychiatrist, and/or physician shall evaluate the student to determine if there are serious concerns associated with the student’s behavior. The licensed psychologist, counselor, psychiatrist, and/or physician shall advise the VPSA or designee of the outcome of the evaluation as a result of the assessment. The VPSA or designee may consult the (EIT), or other internal/external advisors.

The VPSA or designee shall be the sole decision maker as to the composition of this committee. The student may be requested to appear before the EIT. VPSA or designee will notify the student in writing. If the VPSA or designee determines that the student poses an imminent danger or a direct threat to the health or safety of others, they may recommend an immediate interim suspension.

B. Referral for an Involuntary Assessment

The VPSA or designee shall be empowered to make referrals for an involuntary assessment when students engage in behaviors listed in section D, #1-3. Students referred for an involuntary assessment shall be informed in writing, and the student shall also be given a copy of these procedures. Delivery of these documents will be either by personal delivery or by certified mail with return receipt requested and delivery restricted to the student only.

The VPSA or designee shall designate/refer the student to qualified licensed professionals (licensed psychologist, counselor, psychiatrist, and physician). The licensed psychologist, counselor, psychiatrist, and physician is empowered by these regulations to share general information and the outcome of the assessment with the VPSA or designee and/or the EIT. The University will incur the cost for the assessment. The licensed professional is empowered by these regulations to share general information and the outcome of the assessment with the VPSA or designee and/or the EIT. The minimum necessary information will be disclosed and will be held by the VPSA or the EIT in confidence and will be shared only with those University employees with a legitimate need to know. The student may not be accompanied by anyone during the evaluation. The assessment of the student must be initiated according to the deadline stipulated in the letter and completed within three university business days unless an extension is granted by the VPSA or designee.

C. Return Requirements

Following a determination that a student poses a direct threat to the health or safety of others, Western Michigan University may require as a precondition to a student’s return that the student provide documentation that the student has taken steps to mitigate the previous behavior (e.g., followed a treatment plan, submitted periodic reports, granted permission for the institution to talk to the treating professional).

4. An Appeal Officer is appointed and authorized by the VPSA or designee to hear cases not involving suspension or expulsion as a sanction. An Appeal Officer may, at the sole discretion of the VPSA or designee, expand to a panel of a total of three people appointed by the VPSA or designee. The Appeal Officer shall be chairperson of the panel. 
5. In cases involving suspension or expulsion, the decision of the Appeals Board may be appealed by the respondent or University to the Vice President for Student Affairs/or designee by submitting the online appeal form within five (5) University business days of receipt of the Appeals Board’s decision. 
6. The appeal process shall be limited to a review of the file and supporting documents (except as necessary to gain insight into any new information). The following are the only accepted bases for appeal.
   1. To determine whether the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present information that substantiates that the Student Code was violated, and giving the respondent a reasonable opportunity to prepare and present rebuttal of those allegations.
   2. To determine whether the decision reached regarding the actions of the respondent were based on sufficient information, that is, whether the facts in the case were sufficient to establish that it is more likely than not that a violation of the Student Code occurred, and the student was responsible
   3. To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing because such information and/or facts were not known to the person appealing at the time of the original hearing. 
7. The Appeals Board, the Appeal Officer or the Vice President for Student Affairs/or designee may take any of the following actions in response to an appeal: choose not to review the case, which leaves the findings and sanctions from the previous level intact; review the case and uphold the findings and/or sanctions from the previous level; review the case and reverse a finding of responsibility for any or all charges; review the case and modify the sanctions (enhanced or lessened); review the case and require that it be heard again by the original conduct body or a new conduct body at the discretion of the Appeal Bord, the Appeal Officer or the Vice President for Student Affairs or designee. 
8. Decisions made by a conduct body shall not be final until an appeal deadline is passed, when the appeal process is exhausted, or when a student chooses not to appeal. The appeal process shall be exhausted upon one review of the appeal by the appropriate appeal body.
9. Appeals regarding the resolution of complaints under the Western Michigan University Sexual and Gender-Based Misconduct Policy will be reviewed under the guidelines and procedures set forth in that policy.
10. Appeals regarding the resolution of Academic Integrity concerns will be reviewed under the guidelines set forth in the Academic Conduct Hearing Process.