Procedure for Addressing Sexual and/or Relationship Misconduct Allegations Against Students

Procedural Summary

Effective September 3, 2013, all allegations of sexual and/or relationship misconduct against a student that become known to Campus Security Authorities of the University will be subject to review and investigation by the Office of Academic & Community Conduct in coordination with the University’s Title IX Coordinator. Campuses are obligated to respond to reports of sexual and/or relationship misconduct which a responsible employees knew or should have known.  If the review and investigation concludes, based on a preponderance of the evidence, that a student is responsible for sexual and/or relationship misconduct, appropriate sanctions and interventions will be applied.  This document outlines the procedures that will be utilized at each stage of the process from initial review to final appeal. In addition, students may also face external, criminal/civil proceedings for violations of federal/state laws and/or city ordinances. Proceedings may be carried out prior to, simultaneously with, or following criminal/civil proceedings.

Definitions

Advisor is typically a faculty, staff, or student member of the University who is able to be present during the investigative and/or hearing process for support to either the Complainant or Respondent.  However, the advisor may also be someone of the Complainant’s or Respondent’s choosing from outside the University, including an attorney. The advisor may not participate directly in the conduct process, but may offer advice, guidance, and/or support to the student (Complainant/Respondent).

Campus Security Authorities are University employees designated under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 to report certain crimes including sex offenses (forcible and non-forcible). These employees (including student employees) comprise of Public Safety and Police Services staff; Human Resources Department staff; Athletic Department staff and coaches; Student Affairs staff; Intramural Department staff; Advisors to student organizations; and/or Deans/Department Chairs/Directors.

Complainant is an individual who allegedly experienced sexual and/or relationship misconduct, regardless of whether the Complainant participates in this process.

False Reporting will not be tolerated by The Office of Academic & Community Conduct and/or the Title IX Coordinator. It is a violation of the Student Code of Community Conduct to make an intentionally false report of sexual and/or relationship misconduct, and it may also violate state criminal statutes and civil defamation laws.

Group Infractions may occur when members of groups, individuals acting collusively, or members of a student organization act in concert to violate the sexual and/or relationship misconduct policy, they will be charged individually and the group may be charged as an organization.

Investigator is an individual who investigates complaints.  Investigators do not function as advocates for Complainants or Respondents, but can refer Complainants or Respondents to advocacy and support resources.

Precedence in Multiple Charges is followed in cases of multiple charges where more than one University student conduct policy is implicated. The Procedures for Sexual and/or Relationship Misconduct will take precedence over those governing Academic Integrity charges and Student Code of Community Conduct charges.

Preponderance of Evidence means a party has shown that its version of facts, causes, damages, or fault is more likely than not the correct version. The concept of “preponderance of the evidence” can be visualized as a scale representing the burden of proof, with the totality of evidence presented by each side resting on the respective trays on either side of the scale. If the scale tips ever so slightly to one side or the other, the weightier side will prevail. If the scale does not tip toward the side of the party bearing the burden of proof, that party cannot prevail.

Reasonable Cause means there is sufficient information to allege that a respondent has violated a policy. Evidence is sufficient if a reasonable person would believe that further inquiry into whether a violation occurred is warranted.

Respondent is a student(s) or student organization(s) alleged to have violated the sexual and/or relationship misconduct policy. Student-employees alleged to have engaged in sexual and/or relationship misconduct in their employment capacity will be investigated by the Office of Institutional Equity. A student-employee may be subject to sanctions both in connection with their employment and in connection with their student status, under applicable procedures.

Responsible Employees include any employee who has the authority to take action to redress sexual and/or relationship misconduct; who has been given the duty of reporting incidents to the Title IX Coordinator; or whom a student could reasonably believe has this authority or duty.

Sexual and/or Relationship Misconduct includes sexual harassment, sexual violence, sexual exploitation, stalking, domestic violence and dating violence.  These terms are further defined in the Sexual and/or Relationship Misconduct Policy.

Student Organization means any group of students officially recognized by the University at the time of the alleged violation.

University Conduct Board is a hearing panel comprised of a faculty, staff, and student member of the University who has been trained in basic procedural due process.

Initial Action and Review

Once the Office of Academic & Community Conduct and/or the Title IX Coordinator is put on notice of any allegation of sexual and/or relationship misconduct (hereinafter, “Misconduct”) as defined in the Sexual and/or Relationship Policy, the individual who allegedly experienced Misconduct (“Complainant”) will be offered appropriate support services and notified of applicable institutional policies.   The student or group that is alleged to have engaged in Misconduct (“Respondent”) will also be offered appropriate information and support services.  The Office of Academic and Community Conduct may also implement interim action (as described in the Interim Action procedures in the Student Code of Community Conduct) as needed to protect the community and students involved, pending the culmination of any review, investigation or appeal process.

If the Complainant is willing to participate in the review and investigation process, the Office of Academic & Community Conduct and/or the Title IX Coordinator will proceed as described in the Investigation section below.

If the Complainant requests confidentiality or asks that the complaint not be pursued, before taking any further steps the Office of Academic & Community Conduct and/or the Title IX Coordinator will forward that information, along with all available information about the incident or allegation, to the Allegation Review Panel, which consists of the Title IX Coordinator and representatives from the Office of Academic and Community Conduct, Public Safety and Police Services, and other offices as deemed necessary and appropriate under the circumstances.

Specifically, the Allegation Review Panel will evaluate 1) whether, and to what extent, Michigan Tech should further investigate an allegation of Misconduct when the Complainant does not wish for an investigation to be conducted, and/or when the Complainant wishes their information to remain confidential; and 2) what other protective measures or remedies might be considered to address any effects of the alleged Misconduct in the campus community. In all cases, the final decision on whether and to what extent an investigation will be conducted rests solely with the Title IX Coordinator.

The Office of Academic & Community Conduct, in discussion with the Title IX Coordinator, may modify these guidelines as necessary to achieve the goals of prompt, thorough and effective complaint resolution in a procedurally fair manner. The development of informal resolution processes and means other than disciplinary measures, that allow the Title IX Coordinator and other administrators the requisite discretion to deal with the procedural challenges created by the new broadened definition of sexual and/or relationship misconduct  (which  is not limited to severe and pervasive), is strongly encouraged.

Limitations of Confidentiality

Sexual and/or relationship misconduct complaints will be handled in a confidential manner to the extent possible and consistent with the principles of due process, FERPA,[1] the Violence Against Women Act, and the Campus Security Act.  

The Office of Academic & Community Conduct and/or the Title IX Coordinator may not be able to fully address allegations received from anonymous sources unless sufficient information is furnished to enable a meaningful and fair investigation to be conducted.

A. Complete Confidentiality: If a student desires details of the sexual and/or relationship misconduct incident to be kept confidential, the student should speak with counselors (on or off-campus), who will maintain confidentiality. Counselors will explain the details of confidentiality rules. Campus counselors are available free of charge and can be seen on an emergency basis by calling Counseling Services at 487-2538.  Confidential counselors are also available at Dial Help (906-482-HELP).  In addition, students may speak with members of the clergy/chaplains, who will also keep reports made to them confidential.

B. Duty to Investigate: Students are highly recommended to speak to Campus Security Authorities of the institution for purposes of seeking information or reporting incidents. The Office of Academic & Community Conduct and/or the Title IX Coordinator recognize that many students desire confidentiality and many students might not want the Office of Academic & Community Conduct and/or the Title IX Coordinator to investigate and attempt to resolve the sexual and/or relationship misconduct incident. However, depending on the facts and circumstances, it may be necessary for University officials to follow up on allegations of sexual and/or relationship misconduct.

C. Federal Reporting Statistical Requirements: The Department of Public Safety and Police Services must fulfill federal crime reporting requirements. All personally identifiable information is kept confidential, but statistical information must be passed along to Public Safety and Police Services regarding the type of incident and its general location (on or off campus, in the surrounding area, but no addresses are given), for publication in the Campus Security Act Annual Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.

D. Federal Timely Warning Requirements: University officials must issue timely warnings for incidents reported to them that continue to pose a substantial threat of bodily harm or danger to members of the campus community.

E. Open Department of Public Safety and Police Services Logs: When incidents are reported to law enforcement officials, federal law requires that the police note incidents in a police log that is made public within two business days of the report of an incident. No names or other information that could reveal the identity of the student who may be the victim of sexual and/or relationship misconduct will be made public. Arrest records, however, are not confidential and are not protected by FERPA. Any adult student who is arrested can expect that records relating to an arrest will be made public.

F. Confidentiality of Medical Services: If a student seeks medical attention, medical providers are required to alert law enforcement of potential sex crimes. If police are called to the hospital, the student has the right to not talk to them. The decision to prosecute an alleged assailant rests with the local prosecuting attorney. This decision can be made without the consent of the person who was assaulted.

 


[1] The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records.  For additional information, please review: http://www.mtu.edu/registrar/faculty-staff/ferpa/

Support Guidelines for Both Complainant and Respondent

The Complainant or Respondent may request a campus "No Contact" condition against each other or against any other student who has engaged in or threatens to engage in any threatening, harassing or other improper behavior. 

The Complainant or Respondent may request a change in academic and living situations. If such changes are requested and are reasonably available, Office of Academic & Community Conduct and/or the Title IX Coordinator will support the request. Neither a criminal conviction nor an investigation need be completed before a student requests that this interim action be put in place.

The Complainant or Respondent may have an advisor of their choosing to accompany and assist them. The advisor may give guidance and/or provide support to the participant, but may not take part directly in the investigation and/or hearing process.

Academic and Community Conduct may put a privacy screen in place, or other separation of the parties, if there are joint meetings of the Complainant and Respondent before the hearing.  

Basic rules of evidence (relevance and credibility) will be observed in any hearing on sanctions/interventions.  Irrelevant prior sexual history will not be considered in any investigation or other procedures. 

The Complainant and Respondent may make a written or verbal impact statement during the investigation and have that statement considered in determining potential sanctions.

The Complainant and Respondent will be informed of the outcome of the Procedures. 

The Complainant and Respondent may appeal the hearing decision in accordance with the standards for appeal established in Procedures.

Additional Support Guidelines for the Complainant

It is the goal of the Office of Academic & Community Conduct and/or the Title IX Coordinator to ensure that individuals alleging sexual and/or relationship misconduct have access to needed resources, services, and information. Complaints of sexual and/or relationship misconduct will be responded to quickly and with sensitivity.  

The Complainant will be referred to a Deputy Title IX Coordinator for resources and information.  The Complainant will be provided with information regarding available counseling, mental health or student services for victims of sexual and/or relationship misconduct, both on campus and in the community.

University officials will not discourage the Complainant from reporting a sexual and/or relationship misconduct offense. The Complainant may cooperate in an investigation under the Procedures, seek criminal charges with campus or local law enforcement, seek civil action with a civil trial, choose multiple options, or choose not to take any action.

The Complainant may question witnesses at any meeting and/or hearing.  The Complainant may not question the Respondent directly.   Questions will be submitted to the hearing officer and/or panel, and they will ask questions of the Respondent.

Additional Support Guidelines for the Respondent

It is the goal of the Office of Academic & Community Conduct and/or the Title IX Coordinator to ensure that students responding to charges of sexual and/or relationship misconduct have access to needed resources, services and information. The Office of Academic & Community Conduct and/or the Title IX Coordinator strives to offer a reasonable parity of resources, services and information, to the extent possible, to all parties to the incident, including, but not limited to:

The Respondent will be referred to a Deputy Title IX Coordinator for resources and information.  The respondent will be provided with information regarding available counseling, mental health or student services for victims of sexual and/or relationship misconduct, both on campus and in the community.

The Respondent may refuse to answer some or all questions to avoid self-implication. This silence may not be used against the Respondent.

The Respondent may question witnesses at any meeting and/or hearing.  The Respondent may not question the Complainant directly. Questions will be submitted to the hearing officer and/or panel, and they will ask questions of the Respondent.

Procedure

The University will respond to violations of sexual and/or relationship misconduct through a variety of pathways, informally and/or formally, with the goal of educating all parties involved. Resolutions, as well as appeal processes, are administrative functions internal to the University.

The Office of Academic and Community Conduct, in discussion with the Title IX Coordinator, will determine the most effective method of reviewing the concerns raised by the Complainant.  In some cases, this will involve a thorough fact-finding investigation being conducted. In other cases, a different or less formal response to the complaint may be warranted.  Although the Office of Academic and Community Conduct, in consultation with the Title IX Coordinator, may modify these guidelines, it will still respond to the complaint in a prompt, thorough and effective manner that is procedurally fair.  At any stage of the process, based on review of available information, the Office of Academic and Community Conduct, in consultation with the Title IX Coordinator, may terminate any further response to a complaint.

Investigation

If after reviewing the allegations the Title IX Coordinator deems reasonable cause exists for an investigation to be conducted, the Office of Academic and Community Conduct and/or the Title IX Coordinator will use the following guidelines to ensure that allegations of Misconduct are handled promptly and effectively in a manner that is procedurally fair to all parties. The investigation may be conducted by Public Safety and Police Services, outside law enforcement, Housing and Residence Life, or the Title IX Investigator. In most cases, the Title IX Investigator will be utilized.

The investigation may include meeting separately with the Complainant, Respondent, pertinent witnesses, and reviewing and analyzing relevant documents.  If additional information is necessary to satisfy the requirements of Title IX, the complaint will be referred to the Title IX Investigator.  The Title IX Investigator will seek to complete their investigation promptly.

Preliminary Report & Comment

After the investigation is concluded, a preliminary report will be prepared, as circumstances warrant.  To the extent permitted by FERPA, the Complainant and Respondent will be given an opportunity to review a draft summary of the information gathered during the investigation and will be given seven (7) business days to submit comments on that draft summary to the to the Title IX Coordinator. ,  

Analysis & Findings

Following receipt of any comments submitted, or after the seven (7) business day comment period has elapsed, the Office of Academic and Community Conduct, in consultation with the Title IX Coordinator, will make a determination regarding the merits of the allegations based upon reasonable cause.  

Final Report

The final written report will contain (1) a summary of the Complainant’s relevant allegations; (2) a summary of the Respondent’s relevant statements in response to the allegations; (3) a description of the relevant information provided by witnesses or obtained from documents, (4) the analysis and findings of the Office of Academic and Community Conduct.

After the investigation has been concluded and has been approved by the Title IX Coordinator, the final report will be made available for review to the Complainant and the Respondent. If the final report concludes reasonable cause exists that a violation of the sexual and/or relationship misconduct policy may have occurred, appropriate pathway(s) will be followed, as described below.

Informal Pathway

Conduct Intervention - After receiving a report, a University official may decide to schedule a meeting with the respondent student to discuss the alleged violation(s). At the meeting, the official will: (1) explain the purpose of the conduct intervention meeting; (2) review the incident report and any impacts/harms to individuals and/or community as a whole; (3) listen to the student’s explanation of what occurred and why; (4) discuss community behavioral expectations and conflict resolution techniques; (5) discuss the consequences of the student conduct process; and (6) assist the student in developing an action plan to: repair the impacts/harms to individuals and or community; avoid recurring behavioral issues; make any referrals as deemed appropriate; and reintegrate themselves back in to the community.
No sanctions will be imposed other than a verbal warning during the conduct intervention, and there is no right to an appeal. The official has the authority to change handling the incident at the conduct intervention level to the administrative option, voluntary adaptable resolution, or formal action, based on the information revealed in the conduct intervention meeting or if a student fails to appear for the conduct intervention meeting.

Voluntary Adaptable Resolution (VAR) - The official may offer the option for the parties involved to informally resolve the conflict/incident. If the respondent accepts responsibility for violating the Code, and the parties to the complaint agree to be involved, adaptable pathways such as mediation, facilitated dialogue, restorative group conferencing, and/or circle processes may be utilized. These voluntary processes allow all parties to be involved in and have influence on the resolution process and outcome. The primary focus is to address the impacts, repair the harm, restore integrity, and reintegrate individuals back in to the community. If all parties are not in agreement to VAR, or at any time during the process the official decides it’s not in the best interest of those involved, including the University, then the matter will be handled through formal action.

Formal Pathway

Interim Action – Reasonable cause needs to be present for the University to take interim action with any student to ensure the safety and well-being of all members of the University community; to ensure the student’s own physical or emotional safety and well-being; or if the student poses a threat of disruption of or interference with, the normal operations of the University. If a student fails to comply with the requirements of the interim action, the University may immediately take any lawful action to obtain compliance.

“Interim action” includes, without limitation:

  • Immediate suspension from the University;
  • Restriction on student’s presence in the residence halls, on University property and/or at University events;
  • A requirement that the student secure a psychological assessment through Counseling Services or at another facility at the student’s expense and/or a medical assessment. The assessment(s) may be used to determine the appropriateness of withdrawing, sustaining, or altering the interim action.
  • No verbal/non-verbal/third-party contact with another person(s).
  • Disciplinary hold on the student account that prevents registering for academic courses and/or making any type of academic requests (i.e. transcripts). In order to have the hold removed the student will need to comply with official’s request.
  • Mandatory behavioral agreement that reinforces conduct expectations, with any further violations of the Code resulting in severe sanctions.
  • The student can request an interim suspension review to be conducted. The interim suspension letter will contain instructions on how to request a review. Those present at the meeting may include the responding university official and other witnesses as deemed appropriate. During the review, the student will be given an opportunity to demonstrate why his or her continued presence on campus does not constitute a threat to themselves, others or property. 

Administrative Option - The official may send a written notice of the alleged policy violation(s), potential sanctions and educational conditions, with the option for the student to (a) accept responsibility with the designated sanctions and educational conditions, or (b) request formal action. The student’s written response must be returned to the official within seven (7) business days. If the response is not returned within the designated time period, the student waives his/her right to formal action and the sanctions and educational conditions outlined in the written notice are imposed. If the student requests formal action, then a hearing will be scheduled and the case will proceed with the formal action procedures.

Formal Action - The official may send written notice of the alleged violation(s), the range of sanctions related to the violation(s) and the date, time and location for an initial conference. If the student fails to appear at the initial conference, the official may consider all information true and accurate and take appropriate administrative action.

An initial conference notice is sent (via email, if possible) when a report from staff, faculty, law enforcement, or another source that indicates a student might be responsible for a violation of the Code. At the initial conference, the student will meet with an official. The purpose of the initial conference is to provide the student with additional information about the reported incident and explain the procedures that will be followed to determine if he/she is responsible or not responsible for a violation the Code. At that time, the student may elect one of the following courses of action:

  • To take responsibility for violating one or more University rules. The case may then be immediately reviewed by the official, who will take appropriate action. If the student wishes to demonstrate mitigating circumstances by producing relevant witnesses or information, a postponement of action may be requested for a reasonable time.
  • To deny responsibility for the violation(s), in which case, the official shall determine the next appropriate course of action from the following:
    • Hold an immediate formal hearing with the official or postpone the hearing in order to allow the student to prepare a defense or to arrange for the person who filed the complaint to appear.
    •  Refer for a formal hearing to another official.
    • Refer for a formal hearing before a conduct board. If the board cannot convene, Office of Academic and Community Conduct will arrange a formal hearing by an official.
    • Adjourn the conference in order to obtain additional information, and then complete the hearing at a later after all additional information has been gathered.
    • Dismiss the charges.

* At the formal hearings, the student will appear before an individual official or a conduct board. As appropriate to the conduct charges, in most cases a conduct board will be convened to review the possible conduct violation. Conduct boards generally consist of one member of the Student Affairs professional staff, one member of the faculty, and one full-time student.

Hearing Guidelines for Participants - The Office of Academic and Community Conduct would like to emphasize that our hearing is not like a criminal trial. The same strict procedures or rules of evidence as you would experience in court procedures are not used. The standard used to determine if a student is responsible is called preponderance of evidence; this differs from normal court procedures because the hearing officer or committee may simply rule that it is more probable than not that a University regulation has been violated.

The purpose of a hearing is to obtain the information necessary to make a decision in a student's case. Often, the student and the hearing officer may need to simply discuss the incident report. Sometimes the complainant, the individual who makes the incident report, will attend. Additional witnesses or documents are sometimes helpful; however, character witnesses are not allowed.

  • Hearings are closed to the public. At the discretion of the official, an additional official may be present for the purpose of assisting in managing the hearing, but the assistant shall not otherwise participate in the hearing.
  • Where a sanction of suspension or expulsion can be imposed, hearings will be recorded. Deliberations will not be recorded. The record will be the property of the University and maintained according to University policy.
  • The official and/or chair of the conduct board shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the student charged with the conduct violation, who disrupts a hearing, may be excluded by the official or chair.
  • During the hearing, the student may present an explanation of the facts and circumstances relating to the incident, present relevant witnesses who can speak to the facts and/or written information, ask questions, and reserve the right to not respond to questions. The official and/or chair may determine that witnesses or information is not relevant to the charge(s). They may also call on the complaining party to give an explanation of events.
  • The complainant and respondent may have an advisor of their choice to accompany and/or assist them at any point during the investigation and/or informal/formal pathways. The advisor may advise and/or provide support to the participant but may not take part directly in the hearing itself.
  • No disciplinary action shall be taken unless it is established by a preponderance of the information that the student is responsible for the violation(s). Formal rules of evidence shall not be applicable in conduct hearings. Information which reasonable persons would accept as having probative value in the conduct of their affairs can be considered.
  • Written notice of the conduct decision will be sent to the student within seven (7) business days of the hearing. This time may be extended if necessary in the reasonable judgment of the official and/or chair.
  • Any conduct decision may be appealed and must follow the established procedures as outlined in Appeal Procedures.

Range of Sanctions

Written Warning is a statement that further violations of University rules will result in more serious sanctions.

Conduct Probation is a status which generally will not exceed 18 months unless in the discretion of the decision maker the status should exceed 18 months. Students who violate any regulation while on conduct probation are likely to receive enhanced sanctions for any subsequent violations. Conduct probation means a student is not in good social/conduct standing, and therefore may be ineligible to participate in co- and/or extra- curricular activities, student employment, scholarships, etc.

Conduct Suspension is the termination of a person’s status as a student for a definite or indefinite period of time with possibility of reinstatement. The student must submit a petition for reinstatement and have it approved before being allowed to return.

Conduct Expulsion is the termination of a person’s status as a student without possibility of reinstatement.

Educational Conditions

Conduct decisions may, in addition to sanctions, include educational conditions. This may include: writing assignments, educational/experiential workshops such as Husky Habit Boot Camp, counseling, fees, community service, restorative practices, loss of privileges, educational projects and/or assessments. The University has complete discretion to require or to not require educational conditions on a case by case basis.

An example of an Education Condition would be a reflective paper. The student will complete a paper reflecting on an agreed upon topic, such as their decision-making process, understanding of a policy or purpose of a policy. The value of this condition is to provide an opportunity for the student to reflect on behaviors, actions, decision and polices, and/or helps the student develop better self-awareness of self, values and relationship with others.

Another example of an educational condition would be Husky Habits Boot Camp. This is an intense 2-hour ethical decision making workshop that combines personal reflection, group discussion and practical application to assist participants in evaluating and improving their decision making.

Appeal Procedures

Students found responsible for conduct violations may appeal decisions made by an official and/or board. Instructions for initiating an appeal will be provided in every conduct decision letter. In incidents involving acts of violence as well as cases brought under the Sexual and/or Relationship Misconduct Policy, the complaining individual may also appeal under these procedures. The basis for an appeal is limited to questions of fact, questions of procedure and severity of sanction.

Question of Fact— Students may appeal on “questions of fact” by introducing new information that would significantly affect the outcome of the case. Information introduced that was not known or could not be reasonably known at the time of the hearing by the student shall be considered new information. Evidence that was known but withheld by the student shall not constitute a question of fact and will not be considered upon appeal.

Question of Procedure—Appeals will be considered on the basis of “questions of procedure” by demonstrating that the procedural guidelines established in this document were breached, and that such departure from established procedure significantly affected the outcome of the case.

Severity of Sanction— Students may appeal the “severity of sanction” that has been imposed by presenting a statement that explains why they believe the sanction should be reconsidered.

Appeals must be in writing and submitted within seven (7) business days to the Office of Academic and Community Conduct. Appeals will be resolved by the Dean of Students or designee. In appeals with sanctions of suspension or expulsion, and all cases under the Sexual and/or Relationship Misconduct Policy, an Appellate Board will be appointed by the Dean of Students to review the appeal. The Appellate Board consists of one professional staff, one faculty, and one student. The Appellate Board will review the record and render a decision on the appeal. The Dean of Students or designee will notify the appellant in writing of the decision of the Appellate Board within seven (7) business days of the appellate decision. This action shall be final and is not subject to further appeal.

Students who have been sanctioned with suspension or expulsion may have access to the hearing recording under the supervision of Academic and Community Conduct staff prior to submitting an appeal letter. The imposition of sanctions will be deferred while an appeal is pending unless, at the discretion of the Dean of Students or designee, the Interim Action provisions are invoked or for other good cause. The Dean of Students or designee, or Appellant Board, may (a) deny the appeal; (b) remand the case to the original hearing officer or hearing committee; (c) change (increase or decrease) the sanctions, and/or (d) dismiss the original charges. In cases involving more than one charge, an appeal decision may include more than one of the options in (a) through (d).

Procedures for Multiple Violations

In cases of multiple charges where more than one policy is implicated, the procedures governing Sexual and/or Relationship Misconduct violations will take precedence over those governing Academic Integrity violations and Code violations. The procedures governing Academic Integrity violations will take precedence over those governing all Code violations except Sexual and/or Relationship Misconduct.

Records

Records of all conduct actions by officials and boards are considered educational records under FERPA. For additional information, see http://www.mtu.edu/registrar/faculty-staff/ferpa/. Records of disciplinary actions shall be maintained by the Office of Academic and Community Conduct in accordance with the Student Affairs document retention policy. Records of incidents reportable under the Campus Security Act will be retained for seven (7) years from the date of the incident; records of incidents resulting in suspension (when the student does not return to the University) or expulsion will be retained indefinitely; and all other records will be retained for two (2) years following graduation or official withdrawal from the University. With the exception of the sanction of Expulsion, and Special Failing Grades (F*, U* and E* under the Academic Integrity Policy), disciplinary sanctions do not appear on University transcripts. In the case of pending actions where an academic grade cannot be assigned, a grade of “M” will be entered into the student’s academic record, which is not calculated into the student’s GPA.

Revocation of Degree

The University reserves the right to revoke an awarded degree for fraud in receipt of the degree, or for serious disciplinary violations committed by a student prior to the student’s graduation.

Please direct all questions or comments about these procedures to studentconduct@mtu.edu.