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6.1.6 6.1.6.1

Student Admits Violation

If the student admits to the violation, the Conduct Proceedings Officer may issue a sanction.

6.1.6.2

The student charged or the person or group who first brought the charge may appeal the sanction, by a letter delivered to the Dean of the College of Graduate Studies within five (5) business days after the Dean has set the sanction.

Since admission of the violation by the student is a prerequisite to the Dean acting under this section, such an appeal will only be as to the appropriateness of the sanction and not the fact of whether the violation occurred.

6.1.7

Student Does Not Admit Violation

After discussion with the student, the Conduct Proceedings Officer may determine that the matter requires no further action.

The Conduct Proceedings Officer will refer the matter for hearing if:

6.1.7.1

The student denies the charge and the Conduct Proceedings Officer determines the matter may be reason for discipline

6.1.7.2

The student chooses not to discuss the matter at the discussion offered by the Conduct Proceedings Officer. The student will be notified of the date and time of the hearing.

6.1.8 6.1.8.1

Alternative Resolution

Mutual Settlement. In lieu of referral to a hearing, the Conduct Proceedings Officer may offer or accept mutual settlements of any charged violations under this code. Settlements shall be in writing stating the conditions of the agreement and any sanctions imposed. Agreements will be signed by the student being charged and the Proceedings Officer.

Cases not settled in a timely manner shall proceed to a hearing. Mutual settlements may not be appealed.

6.2

Hearings

There are two hearing forums: The Graduate Studies Hearing Officer and the Graduate Studies Hearing Body. In cases where there is potential for a sanction of suspension or dismissal, the student may choose which hearing forum will hear the case.

The student will have two (2) business days from the date of the meeting with the Conduct Proceedings Officer to make a final choice in writing to the Conduct Proceedings Officer. If no such timely choice is made, the Conduct Proceedings Officer will designate whether the case will be heard by a Graduate Studies Hearing Officer or Graduate Studies Hearing Body. The student will be notified of the time and date of the hearing.

6.2.1 6.2.1.1

Graduate Studies Hearing Officer

One or more Graduate Studies Hearing Officers will be appointed by the Dean of the College of Graduate Studies to hear the case.

6.2.1.2

The Graduate Studies Hearing Officer, based on the evidence presented at the hearing, determines whether the student charged violated the policy on academic integrity and sets the sanction, when applicable.

6.2.2 6.2.2.1

Graduate Studies Hearing Body

The Graduate Studies Hearing Body consists of one Graduate Studies Hearing Officer , one graduate faculty member and one graduate student.

6.2.2.2

The graduate faculty member and the graduate student will be selected by the Dean of the College of Graduate Studies.

6.2.2.3

The Graduate Studies Hearing Body, based upon the evidence presented at the hearing, determines whether the student charged violated student conduct regulations, and sets the sanction, when applicable.

6.2.3 6.2.3.1

Hearing Procedures

In all disciplinary hearings, the burden of proof rests with the Conduct Proceedings Officer, who must prove by a preponderance of evidence that a violation has occurred.

6.2.3.2

The student charged may have an advisor of the student's choice present at the hearing. If the student's advisor is an attorney, the student must notify the Conduct Proceedings Officer of this at least three (3) business days in advance of the hearing. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

    • 5.5

      Charges Involving Student Organizations All notices referred to in this document, when involving a Registered Student Organization, shall be sent to the president of the organization, at his or her last address on file with the Office of the Registrar, unless another representative of the organization is designated by the organization to receive such notices. When a Registered Student Organization is charged with a violation, the president of the organization shall represent the organization in the process described in Section 5, unless the Registered Student Organization designates some other representative. The representative of the student organization must be a registered student at Central Michigan University, and must be a regular member of that organization.

    • 5.6

      Changes in Procedures

      • 5.6.1

        The procedures set forth herein shall apply throughout the calendar year. A University Hearing Officer may be appointed by the Conduct Proceedings Officer to hear a case attimes when a University Hearing Body cannot be readily assembled such as when students are not in attendance at regular sessions, during exam week, summer sessions.

      • 5.6.2

        These procedures are subject to change by the President of the University or designee. If any change is deemed necessary, any new procedures shall guarantee a fair hearing with due process.

    • 5.7

      Clarifying Processes Clarifying processes which are consistent with the Hearing Procedures in this document may be proposed by the Office of Student Rights and Responsibilities.

  • 6.

    Student Hearing Procedures for Graduate Students Charged with Violating the Policy on Academic Integrity (If the charge is against a graduate student for violation of the Policy on Academic Integrity, then the matter will be handled under this section and not under section 5.)

    • 6.1

      Intake Conduct Proceedings Officer

      • 6.1.1

        A charge may be made to the Dean of the College of Graduate Studies by any member of the university community stating that a student has violated Section 3.2.1 of Specific Regulations Concerning Student Conduct.

      • 6.1.2

        One or more Conduct Proceedings Officers shall be appointed by the Dean of the College of Graduate Studies and must participate in the appropriate training sessions regarding the Code of Conduct. The Conduct Proceedings Officer will make, or cause to be made, an investigation of the charge.

      • 6.1.3

        If, from the investigation, the Conduct Proceedings Officer determines the matter may be reason for discipline under the policy on academic integrity, the Conduct Proceedings Officer will notify the student that a charge has been made and will offer the student an opportunity to discuss the matter.

If notified by mail, the notice will be mailed to the last address for the student on file with the University Office of the Registrar. The notice will be deemed received two (2) days following the date the notice is posted at facilities of the United States Post Office. In the absence of mailing, personal delivery to the student cited, or delivery to the last address on file in the Office of the Registrar constitutes proper notice. If personal delivery to the student or delivery to the last address is used, the date notice is so delivered shall be deemed the date the notice if received.

The student will have two (2) days from the date of receipt in which to respond to this notice. If the student has not responded at the end of this two day period, the Conduct Proceedings Officer will set up a hearing, and cause to be delivered to the student a copy of this document.

      • 6.1.4

        The student may bring an advisor of the student's choice to the discussion with the Conduct Proceedings Officer.

      • 6.1.5

        If the student chooses to discuss the matter, the Conduct Proceedings Officer will at the discussion inform the student of the charge(s) and the regulation(s) which are alleged to have been violated and will explain to the student the process outlined in this document.

Appendix I

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