Q. I just received an email from you scheduling an “Initial Conference.” What does this mean?
A. We send you an Initial Conference notice (usually by Michigan Tech email) when we receive a report from staff, faculty, law enforcement or other sources that indicates you might be responsible for a violation of a student policy. The purpose of the Initial Conference is to provide you with more information about the reported incident and explain the procedures that will be followed to determine if you are responsible or not responsible for a violation of a student policy.
Q.Will my parents be contacted about this incident?
A. In most cases, no. We follow an educational privacy law called “FERPA” which keeps the student judicial process as confidential as possible. However, if you are involved in an incident involving violation of Michigan Tech’s Drug and Alcohol policy, under some circumstances we will notify your parents after a final decision is reached that you are responsible for violating the policy. This is due to our concerns about your personal safety and well-being. For more information, please see Michigan Tech’s Parental Notification Policy.
Q. Should I call an attorney or my parents to come with me?
A. No. The purpose of the student judicial process is to determine “responsibility”, not guilt or innocence. This is not a criminal or civil trial. It is educational in nature, although sanctions can be imposed if a student is responsible for a conduct violation. Our rules specifically do not allow parents to participate in the initial conference or the hearing. Under very limited circumstances (pending criminal charges) attorneys may attend but may not participate. If you have any questions about the procedures that we will follow, please call us or send us an email.
Q. Do I need to bring witnesses with me to the Initial Conference?
A. No. This meeting is only between you and a Student Judicial Affairs staff person. If a hearing is scheduled, you will be able to have witnesses present.
Q. If you tell me during the Initial Conference that I have a choice between having a single hearing officer or a hearing committee, which should I choose?
A. Depending on the type of incident, you may be entitled to a hearing before the University Judiciary Committee or the Academic Integrity Committee. These committees include judicial affairs staff, faculty and at least one student. So, if you request a committee, more than one person will be involved in making a decision, including a student/peer. The committees keep the information confidential and the members receive training before they can serve. You can appeal a committee decision the same way you would appeal a hearing officer’s decision.
Q. What happens in a hearing?
A. Let me emphasize that a hearing is not like a criminal trial. We do not use the same strict procedures or rules of evidence as you would experience in a court. The standard used to determine if a student is responsible is called “preponderance of evidence” which means that the hearing officer (or committee) concludes that it is more probable than not that a University regulation has been violated.
So, the purpose of a hearing is for us to obtain the information necessary to make a decision in your case. Often all that is necessary is for the student and the hearing officer to discuss the incident report. Sometimes the “Complainant” (the individual who makes the incident report) will attend, too. Additional witnesses or documents are sometimes helpful. We do not allow “character” witnesses, however.
For additional information, please refer to the Policies link or click on Hearing Procedures (pdf) to review a hearing procedures checklist. For information on Academic Integrity Hearings, see the Academic Integrity Student Information Sheet (pdf).
Q. The Code of Studnet Conduct handbook says I can bring an “advisor” to the hearing if I want to. What is an “advisor”?
A. An “advisor” is not a witness and does not speak during the hearing. However, the advisor can help you prepare for the hearing, sit with you during the hearing and suggest additional questions, and provide emotional support. An “advisor” is defined under our policies as a registered student, faculty or staff of Michigan Tech.
Q. What are the most important things for me to remember during a hearing?
A. First and most important, be truthful. If you do not tell the truth in the hearing, that is itself a serious violation of a University regulation. Second, be respectful of all participants in the hearing. We realize that a hearing can be a stressful situation for a student. However, we follow procedures that give you a chance to speak and be heard. Also, you have the right to appeal a decision in most circumstances.
Q. How do I appeal a decision?
A. Appeal instructions are always included in the last paragraph of a disciplinary decision. More information can be found in the policies. To initiate an appeal, you must send a letter requesting an appeal to the Dean of Students within five (5) days that you receive the written decision of the hearing officer or hearing committee. Once the letter is received, your appeal will be reviewed according to the procedures in the policies. You will be notified in writing (usually by email) of the appeal decision.