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STANDARDS OF CONDUCT FOR RECOGNIZED STUDENT ORGANIZATIONS S t u d e n t
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STANDARDS OF CONDUCT FOR RECOGNIZED STUDENT ORGANIZATIONS........... 1 I. II. III. IV. V. VI. VII. VIII.
INTRODUCTION ....................................................................... 1 RECOGNIZED STUDENT ORGANIZATIONS ....................................... 1 DEFINITIONS .......................................................................... 2 STANDARDS OF CONDUCT AND RESPONSIBILITIES.............................. 4 SANCTIONS AND RESTORATIVE MEASURES...................................... 5 SCOPE OF POLICY ..................................................................... 6 PROCEDURES .......................................................................... 7 MISCELLANEOUS..................................................................... 10
ACCOUNTABILITY OVERVIEW CHART .................................................................... 12
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Standards of Conduct for Recognized Student Organizations I.
Introduction The University of Michigan- Ann Arbor (the University) has a long and proud tradition of student activism, student-led community service and philanthropy, and student self-governance. Student organizations provide tremendous benefits to both the University and surrounding communities. The University, therefore, is committed to supporting student organizations through a recognition system that serves the interests of both the University and student organizations; that recognizes and respects the right of students to freely associate and freely express themselves without coercion or undue influence from the University; that ensures that student organizations operate consistently with the University’s core values of diversity, non-discrimination, financial accountability, responsible stewardship of public resources, full academic engagement, and the maintenance of a healthy and safe living and learning environment. Student organizations that choose to be recognized by the University, accept the rights and responsibilities outlined in this policy. Within the University - schools, colleges, funding sources, student governing bodies or other entities have developed policies regarding the operation of student organizations. These Standards of Conduct for Recognized Student Organizations (Standards of Conduct) do not replace those standards; nor does it limit the procedures and sanctions provided by those policies, federal, state, or local laws.
II.
Recognized Student Organizations A. The University recognizes only those organizations that are registered with the Michigan Student Assembly (MSA), as either Sponsored Student Organizations or Voluntary Student Organizations. Only recognized student organizations are eligible to access University resources and benefits reserved for student organizations. B. Sponsored Student Organizations work in full partnership with the University to accomplish their missions. 1. Eligibility Requirements. To be eligible for status as a Sponsored Student Organization, a student organization must satisfy the following requirements: a) Register as a student organization with the Michigan Student Assembly; b) Sign a commitment statement to comply with the Standards of Conduct for Recognized Student Organizations on an annual basis; c) Maintain a SOAS account or University account for all funds; d) Obtain sponsorship by an Executive Officer, Dean, or Director of a major programmatic or operational unit; (1) The Sponsorship Agreement must show that a substantial relationship exists between the student organization and the unit. (2) This relationship can be shown in many ways including, but not limited to: (a) Direct and regular allocation from the University (b) Office Space (c) Administrative Support
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e) Have missions that are consistent with the University’s mission and the goals and objectives of the sponsoring unit; and f) Maintain good standing with the University. 2. Non-eligible Student Organizations. Because of the University’s status as a governmental entity and a tax-exempt charitable organization, certain student organizations are not eligible for sponsored status. Organizations that are not eligible for sponsored status are: a) religious organizations; b) political or partisan organizations; c) local chapters or affiliates of other incorporated organizations; d) organizations that are independently incorporated with the exception of organizations recognized by the Board of Regents of the University as authorized student activities. C. Voluntary Student Organizations operate independently to accomplish their missions. 1. Eligibility Requirements. To be eligible for status as a Voluntary Student Organization, a student organization must satisfy the following requirements a) Register as student organization with Michigan Student Assembly; b) Sign a commitment statement to comply with the Standards of Conduct for Recognized Student Organizations on an annual basis; c) Maintain a SOAS account for all funds allocated from the University or raised on University property; and d) Maintain good standing with the University, all governing boards within the University to which the organization belongs and all chartering, sponsoring or governing organizations with whom the organization affiliates. D. Recognition of Student Organizations. The recognition of student organizations is the responsibility of the Division of Student of Affairs. Decisions on recognition will be made consistent with established policies and procedures.
III.
Definitions
A. Student Organization 1. Student organizations at the University of Michigan are based on, centered around, led, governed, and directed by students. Each organization is focused around a guiding mission and works to realize this mission. These organizations make a difference in the lives of student members by creating a niche for students who might otherwise be overwhelmed in a large institution. These niches are provided by hundreds of student organizations that are arranged on a wide gamut of topics, interests, and fields of study. The large number of organizations at the University of Michigan allows each organization to maintain a high degree of focus upon their particular mission, which when coupled with the dedication of its student members, greatly enriches the cultural, social, and academic climate on campus. Student organizations have had real and profound effects on the University and the outside world through their vision, accomplishments, and determination. Student Organizations at the University of Michigan are: a) Student led and organized b) Provide opportunities for: (1) leadership development, (2) organizational skills, (3) budget handling and development, Revised 7/30/08 Updated 10/27/2009 3:38 PM
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(4) vision, (5) strategic planning, (6) creative thinking, and (7) problem solving. c) Adhere to the policies and procedures of the University of Michigan Student Activities and Leadership (SAL) 1. The Office of Student Activities and Leadership is a resource specifically designed to help students make the most of their co-curricular experiences. Developing effective student organizations and leaders through training and education is SAL's primary mission. Central Student Judiciary (CSJ) 1. The Central Student Judiciary of the Michigan Student Assembly is the default student governing body for the SOAR Accountability Process. CSJ hears complaints against RSOs unless the RSO is governed by an SSO with an approved SGB. CSJ hears all complaints against MSA and RSOs except those dealing specifically with sponsorship or against SSOs sponsored by the Board of Regents other than MSA. Director 1. In this document, “Director” means the Director of the Office of Student Activities and Leadership or his/her designee. Dean of Students (DOS) 1. In this document, “DOS” means the Dean of Students or his/her designee. Office of Student Conflict Resolution (OSCR) 1. OSCR administers the Statement of Student Rights and Responsibilities. 2. OSCR provides campus with pathways for adaptable conflict resolution that complement the SOAR Accountability Process. Day 1. In this document, the word “day” means business day unless specified otherwise 2. All time limits in this document may be changed by the sole discretion of the Director. Formal Resolution Process 1. The purpose of this accountability process is for student organizations to be governed by students, with shared accountability with the University. The Formal Resolution Process is the process which centers on a student governing body. Informal Resolution Process 1. The Informal Resolution Process is any means of resolution outside the Formal Resolution Process. This includes unit conflict resolution or alternative dispute resolution. The Informal Resolution Process is most often conducted by University of Michigan staff and faculty. Vice President for Student Affairs 1. In this document, “VPSA” means the Vice President for Student Affairs or his/her designee. Student Governing Body 1. To be eligible to hear official SOAR complaints, student governing bodies must meet the following conditions: a) All members of the student governing body have completed the student governing body training program; b) The faculty or staff advisor has completed the advisor training program regarding accountability procedures; c) The student governing body agrees to use the Student Governing Body Hearing Panel Procedures (see SOAR Accountability Procedures); and Revised 7/30/08 Updated 10/27/2009 3:38 PM
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d) The student governing body governs the activities of recognized student organizations. Existing student governing bodies may apply to the Director of SAL to be an approved Student Governing Body under this process if they meet the preceding conditions.
Standards of Conduct and Responsibilities A. All recognized student organizations (sponsored or voluntary) are expected to act consistently with the values of the University community. The University places the highest value on student organizations’ expressive activities. Except as necessary in cases of misconduct, the University will not interfere with the internal affairs of RSOs. RSO’s are not presumed to be responsible for the independent acts of their individual members or autonomous RSOs that are subordinate to the original RSO (hereinafter collectively referred to as members). A RSO is responsible for a violation of the Standards of Conduct if: 1. a member acts in contravention to the Standards of Conduct as a representative of the organization, 2. the member's actions, which contravene the Standards of Conduct, result from the practices or dispositions of the RSO, or 3. the member's actions, which contravene the Standards of Conduct, have been explicitly or tacitly approved by the organization. B. The following contradict the values of the University community and are subject to corrective action under the Standards of Conduct. 1. Health and Safety. RSOs must not foster, promote, or participate in activities that unreasonably threaten the safety or well-being of their members, other people, or animals 2. Hazing. Hazing is strictly prohibited. RSOs must comply with the University of Michigan policy on hazing and are strongly encouraged to follow the Hazing Guidelines For the SOAR Initiative. 3. Use of University funds. RSOs may not use University funds in ways that are inconsistent with university guidelines as stated in the Guidebook for Recognized Student Organizations. 4. Fundraising. RSOs may not engage in fundraising or soliciting activities in violation of the University’s fundraising guidelines for recognized student organizations. 5. Financial Stewardship. RSOs may not use or account for student organization funds in violation of university financial and accounting procedures. Violations include but are not limited to: a) breaching contractual obligations. b) using student organization funds for purposes not authorized by the student organization and/or outside the realm of these Standards of Conduct and University Policy. c) failing to provide accounting of all contributions and reporting said contributions to the proper University unit. d) using contributions for a purpose other than as stated by the contributor and/or failing to submit a report of expenditures against those contributions to the proper University unit. e) failing to follow SOAS policies and procedures. 6. Appropriate Use of Space. RSOs must use University-controlled spaces in accordance with the standards of the particular space. Revised 7/30/08 Updated 10/27/2009 3:38 PM
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7. Non-Discrimination. RSOs must adhere to the University’s Non-Discrimination policy in recruiting, membership, hiring, or group activities. However, RSOs that have been given permission during the registration process to have gender-exclusive practices will not be deemed to have discriminated consistent with that permission. 8. Compliance with University’s naming and trademarks policies. VSOs may not use the University’s name, logo, symbols, seal, or trademarks without obtaining express written permission from the University. SSOs may only use the University’s name, logos, symbols, seal or trademark as permitted by the U-M Internet Publishing Guidelines and Instructions Section 3.8, the U-M Identity Guidelines; and any other policies established by either the Office of the Vice President and Secretary or the Office of the Vice President for Communications. 9. Violation of the Student Organization Constitution. RSOs are bound by the constitution submitted during the recognition process. Any organization that violates their published constitution, is in violation of these Standards of Conduct, even if an amendment has been made and submitted, but has not yet been approved. 10. Adherence to Other University Policies. RSOs must adhere to University policies, including but not limited to the University’s computer use policies, Policy on Alcohol and Other Drugs, Dance and Party Policy, Diag Policy and housing policies. 11. Adherence to Law. RSOs must adhere to federal, state, and local laws. 12. Adherence to the Standards of Conduct. RSOs may not file a false complaint, use this policy to harass or intimidate a student organization, or fail to cooperate or participate in the accountability process. 13. Interference with RSO or University business. RSOs may not engage in intentional interference that impedes or disrupts the business of an RSO or University unit. Ethical competition is not considered to be interference.
Sanctions and Restorative Measures
A. Sanctions The sanctions that may be imposed on student organizations by the Dean of Students after a recommendation from a student governing body are included in, but not limited to, the following list and the organizing documents of the SGB. The student governing body may recommend and the Dean may issue one or any combination of sanctions. 1. Formal Written Reprimand. A formal notice that the Standards of Conduct have been violated and a warning that future violations will be dealt with more severely. 2. Fines. Payment of a monetary fine. 3. Inability to Access University Funds. Rendering a student organization’s SOAS or other University account inactive so as to prevent access to funds or services being granted or disbursed. 4. Restricted Activities. Restricting the student organization’s ability access Universitycontrolled benefits and resources. 5. Disciplinary Suspension. Separation of the student organization from the University for a period of at least one semester. 6. Emergency Suspension. In cases where students’ health and safety is alleged to be significantly jeopardized, the Office of the Vice-President for Student Affairs may suspend
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the activity of a student organization for 30 days. The organization then is entitled to a hearing within 10 days. 7. De-Recognition. Permanent separation of a student organization from the University. Student organizations that are de-recognized are not eligible to apply to be a recognized student organization for at least four years. 8. Suspension of Sponsorship. To suspend the agreement, either party to the agreement must notify SAL and their respective sponsor or sponsored student organization. The suspension is effective upon receipt of this notification. Any person, office, or organization outside the Sponsorship Agreement may recommend the suspension of sponsorship. However, only the SSO and the Sponsoring Unit have the power to suspend the agreement. 9. Dissolution of Sponsorship. If an occasion arises such that one party of the sponsorship agreement wishes to dissolve the sponsored relationship, that party may suspend the agreement (see above). If both parties agree to dissolve the agreement, SAL must be notified, and the agreement is dissolved. At this time, the student organization will become a VSO. If either party contests the dissolution of the sponsored relationship, the Director will facilitate a meeting with both parties. The meeting will be held within two weeks of SAL’s notification of the suspension of sponsorship and will aim to establish a mutual agreement between the parties. If no agreement is met, the sponsored relationship is considered dissolved. Any person, office, or organization outside the Sponsorship Agreement may recommend the dissolution of sponsorship. However, only the SSO and the Sponsoring Unit have the power to dissolve the agreement. B. Restorative Measures The University of Michigan sees education potential in unconventional situations and incidents. Working with student organizations is no exception. The educational value of student organizations is the primary reason for the strong university support that they receive. Unfortunately, some of the best educational opportunities come through mistakes and adversity. The sanctions listed above are designed to protect the University community and maintain high community standards. They are not, however, the only or best avenue for a positive learning experience. A student governing body may recommend and the Dean may issue one or any combination of the following restorative measures in addition to, or in lieu of, the sanctions listed above. These measures may take the form of, but are not limited to, any of the following: 1. Written plan for reconstruction of the Organization. 2. Restitution. Required compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement. 3. Class/Workshop Attendance. Attendance and completion of a class or workshop that will assist the student organization avoid future non-compliance with the Standards of Conduct. 4. Educational Project. Completion of a project specifically designed to assist the student organization avoid future non-compliance with the Standards of Conduct. 5. Service. Performance of a task, or tasks, designed to benefit the community and that also assists the student organization avoid future non-compliance with the Standards of Conduct.
Scope of Policy
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Student group behavior that occurs within the City of Ann Arbor, on University-controlled property, or at University sponsored events or programs may violate the Standards of Conduct. Behavior that occurs outside of the City of Ann Arbor or outside University-controlled property may violate the Standards of Conduct if the behavior poses an obvious and serious threat or harm to any member(s) of the University community.
VII. Procedures
The University will follow the procedures outlined in the SOAR Accountability Procedure Manual and summarized here to respond to student organizations that violate the Standards of Conduct for student organizations. These procedures reflect the University’s commitment to behavior modification through education, student self-governance, alternative dispute resolution, and accountability. The accountability and appeals procedures are administrative functions of an education process and are not subject to the same rules of civil or criminal proceedings. A. Complaints Against Student Organizations 1. Origin a) An official complaint against a RSO must arise out of allegations that the RSO violated the Standards of Conduct for Recognized Student Organizations. b) Any complaint against an SSO that does not arise under the Standards of Conduct for Recognized Student Organizations may be resolved by the sponsoring unit, if the unit has appropriate processes for resolution. c) A sponsoring unit may also pursue a separate and concurrent resolution to a complaint against an SSO that falls under the Standards of Conduct for Recognized Student Organizations, if the alleged issue also violates written policy for that sponsoring unit. A sponsoring unit’s resolution process is independent of the SOAR Accountability process but the decision of the DOS is binding on the SSO. Therefore, a sponsoring unit can add sanctions or conditions but may not alter, disregard, nor undermine the sanctions and conditions conferred by the DOS. d) An official complaint against a NSO may arise out of allegations that the NSO violated the basic MSA registration requirements (10 UM students, 51% Student – Non-student ratio, etc.). 2. Intake and Filing a) Any enrolled student, faculty member, or staff member of the University may submit a complaint alleging that a student organization has violated the Standards of Conduct. The complaint may be based on the individual’s personal knowledge or based on information reported to him or her. b) Any party contemplating whether to file a complaint should come to SAL for an intake discussion. A SAL staff member will meet with that party and will review the party’s options for resolution. If the party wishes to explore the pathways offered by the OSCR Adaptable Conflict Resolution process they must do so before filing a complaint. The SAL staff member will notify OSCR of the potential complaint and will assist the party to contact OSCR. c) Official complaint forms may be obtained from SAL. The completed forms are to be filed at SAL. A full-time SAL staff member will issue a receipt for the complaint. The complaint is not considered to be filed, until the receipt is given.
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d) Upon receipt, SAL will notify the party against whom the complaint was filed, will advise that party of the Accountability procedures, and that party will have an opportunity to file a written response to the complaint. e) Complaints must be filed at SAL within 6 months of the incident(s) from which the complaint arises. The Director may extend this deadline up to another 6 months if the circumstances warrant, in his/her discretion. The decision to extend the deadline is not reviewable. 3. Referral The Director will refer the complaint to the proper body. a) If the complaint contains aspects of an individual’s violation of the Statement of Student Rights and Responsibilities the Director may refer the complaint to OSCR or advise the complainant that they could pursue the complaint through OSCR. (1) If the complaint contains both violations of the Statement of Student Rights and Responsibilities as well as the Standards of Conduct for Recognized Student Organizations the complaint may be referred to OSCR regarding the individual matter(s) and to one of the following options (b-e below) regarding the organizational matter(s). The OSCR process is separate and may run concurrently with the SOAR Accountability process. b) Investigation. If the complaint requires further investigation the Director will refer the complaint to the University unit or student governing body that is most capable of pursuing a fruitful investigation. c) Informal Resolution. If a University academic or operational unit, including SAL, has special knowledge/insight and the mechanism to aid in bringing about an equitable resolution, the Director may refer the complaint to that unit. d) Formal Resolution. (1) The Director will refer the complaint to Formal Resolution if Informal Resolution is not appropriate or is unsuccessful. (2) VSOs affiliated with an SSO (a) If the VSO is formally affiliated with a SSO the Director may refer the complaint to the accountability process of the affiliated SSO, if the SSO has a student governing body. (3) If none of the above is the appropriate body, then CSJ will serve as the student governing body. e) Dean of Students. Complaints against SSOs that were created directly by the Board of Regents are handled by the DOS if Informal Resolution is not appropriate or is unsuccessful. B. Complaints Against the University of Michigan Students and student organizations should contact SAL to pursue a complaint against the University of Michigan regarding its treatment of student organizations. SAL will help to put the student or student organizations in contact with the appropriate parties. C. Official University Decision. The Formal Process culminates in Official University Decision issued by the Dean of Students 1. Review and Resolution a) The Dean of Students will issue the formal University response to the complaint and impose appropriate sanctions based on the recommendations of the student Revised 7/30/08 Updated 10/27/2009 3:38 PM
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governing body. The recommendations of the student governing body will be followed in most cases. The Dean of Students, however, may deviate from the recommended sanctions where established procedures are not followed, where the sanctions are significantly inconsistent with similar infractions, or where the recommended sanctions are not supported by the findings of fact. b) The written decision will consist of four parts: (1) Statement of authority’s recommendation This section is merely a restatement of the recommendation from the approved student governing body (2) Statement of University Decision This section is the DOS’ statement of the University’s Official decision which may incorporate language or information from the recommendation from the student governing body or from University policy. (3) Rationale for changes If the DOS chooses to modify or overturn the student governing body’s recommendation, a rationale for any changes must be given. The DOS may incorporate language or information from the recommendation from student governing bodies or from University policy in this rationale. (4) Statement of Sanctions If the DOS finds that the circumstances warrant the conferring of sanctions, a detailed statement of the sanctions must be included. Accompanying the statement of sanctions must be a rationale for the sanctions; the DOS may incorporate language or information from the recommendation from student governing bodies or from University policy in this rationale. When the DOS issues the official University decision, all parties must sign a receipt of the publication of the decision. The DOS will follow up the official University decision as circumstances warrant. The DOS will enforce all decisions and sanctions by the authority of the Office of the DOS. D. Appeal. When the parties sign the receipt of the official University holding, they may request an Appellate Request form. A party must file the form in SAL to initiate the request for the appeal. Any parties that do not sign the official University decision forfeit their chance to appeal the decision of the DOS. All sanctions are effective upon issuance by the DOS and remain in effect pending the outcome of the appeal. 1. Issues for Appeal. The following are the only grounds for appeal: a) Proper procedures were not followed; b) The evidence does not clearly support the findings; c) The sanctions are insufficient or excessive relative to the violation; or d) There is new evidence that was not available to the parties at the time of the formal hearing that should be considered. No factual issues may be raised on appeal, unless new information arises that was not reasonably available at the time of the hearing. 2. Initiation of Appeal Revised 7/30/08 Updated 10/27/2009 3:38 PM
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a) If VPSA finds that the Appellate Request has merit, an appellate panel will be convened. 3. Makeup of the Appellate Panel a) The panel will consist of one faculty member, one staff member, and three students. One student, selected at random, will serve as the chair of the Appellate Panel. Each member of the Appellate Panel will have one vote. 4. Process a) Hearing (1) The Appellate Panel will review all relevant documentation and hold a hearing. At the conclusion of the hearing the Appellate Panel will issue a decision that may uphold the DOS’ decision or modify the DOS’ decision. (a) If the Appellate Panel upholds the DOS’ decision the complaint is considered to be settled. (b) The Appellate Panel may modify the DOS’ decision only when presented with clear and convincing evidence that the issue on appeal warrants modification. b) The Appellate Panel’s decision must be in writing and provide rationale for the conclusion(s) reached. c) The decision must be published to all parties and the DOS. d) The DOS will follow up the Appellate Panel's decision as circumstances warrant. The DOS will enforce all decisions and sanctions by the authority of the Office of the DOS. e) The Appellate Panel will notify SAL that the complaint has been resolved. 5. Final Resolution The Appellate Panel’s decision is the final University decision. The complaint is considered to be settled and the sanctions and conditions of the final University decision are to be enforced. Upon resolution of the complaint, the Appellate Panel is dissolved.
VIII. Miscellaneous
A. Procedural and Interpretive Questions. All procedural and interpretive questions concerning the Standards of Conduct will be resolved by the VPSA. At any time, the VPSA may consult the Office of the General Counsel about a case or procedures. B. Records of Resolution Actions 1. Records will be maintained by SAL with regard to all actions taken under the Standards of Conduct. Accordingly, records of complaints, mediations, hearings, findings, and sanctions will be maintained by SAL. For each case in which a complaint is issued, the record will recite the facts of all conduct found or admitted to be in violation of the Standards of Conduct with sufficient specificity to indicate that a violation of the Standards of Conduct occurred. Confidentiality of records will be maintained to the extent permitted by law and the University of Michigan Student Rights and Records policy. SAL will maintain records with personal/organizational information for a period of five years, after which they will be destroyed to protect the identities of all parties involved. The records will include a:
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Copy of Complaint Form Copy of Receipt/Referral Copy of Resolution agreement (if applicable) Revised 7/30/08 Updated 10/27/2009 3:38 PM
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Copy of Student Governing Body’s recommendation (if applicable) Copy of Official University Decision (if applicable) Copy of all Appellate documents (if applicable)
2. Statistical information that is without personally identifiable data will be kept indefinitely. C. Reports of Actions. Statistical reports of actions taken through the Standards of Conduct will be published. These reports will cover the number of complaints and the types of violations, resolutions, and sanctions. Periodic, regular review of records of resolution actions will be made available, in confidence, to the Code of Conduct Advisory Board Chair of MSA. Personally identifiable information will be removed from all records prior to any review.
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Accountability Overview Chart
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