While living in M Housing, policy violations of the Community Living at Michigan (the CLAM) that require follow-up may go through the internal, administrative process called the M Housing Support & Community Responsibility (HSCR) Process.
The HSCR Process has been developed with restorative justice principles in mind, while recognizing the balance of needs with individuals and a community as a whole. The process strives to resolve conflicts by promoting understanding and appreciation of the community living standards, encouraging residents to take responsibility for their own actions, ownership for their community, and engage with all the affected community members in the resolutionv to address and repair harm. The HSCR process, as an administrative process, uses a preponderance of the evidence as the standard of proof.
Because some of the violations of the CLAM are also violations of the law, residents may be accountable to both the legal system and the University’s Statement of Student Rights and Responsibilities, managed through the Office of Student Conflict Resolution (OSCR). These three processes are separate and may occur independently or simultaneously of each other.
It should be noted that M Housing recognizes that each situation is unique, and conflicts will be handled on a case-by-case basis.
For more information about the HSCR Process, please contact HSCRprocess@umich.edu.
Documentation of Possible Violation(s)
When possible violations of the Statement of Student Rights and Responsibilities (Statement) or the CLAM are observed in connection with M Housing, they are generally documented by residents, Housing staff members and/or M Housing Security/DPSS officers. The information report is submitted to appropriate M Housing staff for review.
Initial Review of Incident
HSCR staff reviews the report and decides next administrative steps.
The staff may decide to dismiss the case without further action, to direct the case further through the HSCR Process, refer to the Community Circle program, or refer the case to the Office of Student Conflict Resolution (OSCR). In some cases the incident may be considered for emergency removal or relocation.
M Housing Meeting
If the case is retained in M Housing, the staff member assigned, Case Coordinator, will facilitate a meeting with the resident or residents involved. In addition, other people with relevant information may be interviewed as necessary.
Contents of the M Housing Meeting
The meeting will include the following:
- Written notification to the resident of the nature of the information report regarding the alleged violation(s);
- Review of the resident's rights and responsibilities in the HSCR Process;
- Review of the standard(s) directly related to the alleged violation(s);
- An opportunity for the resident to share their perspective and respond to the allegation(s);
- Review of the HSCR Process.
The resident will have the opportunity to ask questions, respond to the report of the possible violation(s) and give the Case Coordinator additional information and insight, accept or deny responsibility for the violation(s), and participate in reaching a solution to the situation. Based on the meeting, and after reviewing the available information and meeting with involved persons, the Case Coordinator will determine a finding and, if responsible, assign or work with the student to develop appropriate outcomes, based upon incident type.
The resident will be provided with written finding(s), administrative outcome(s), educational outcome(s), if any, and restorative measures needing action.
Resolution of Conduct Meeting
The resolution of the conduct meeting will include a finding and one or more of the following outcomes:
- Not Responsible
- The Case Coordinator determines this using the “more likely than not” standard.
- M Housing Administrative Outcome(s)
- Educational Outcome(s)
- Restorative measures
M Housing Administrative Outcomes
- M Housing Warning
A warning advises the resident that the behavior exhibited was unacceptable and that future behavior that violates the CLAM or the Statement may result in further action.
- M Housing Probation
Probationary status whereby any further violations during a specified period of time may result in termination of the contract. During M Housing probation, you are expected to uphold all expectations set forth by the Housing Contract and Community Living Standards.
- M Housing Contract Termination
Contract termination is the status wherein a resident’s M Housing contract is cancelled and the resident is no longer allowed to live in the residential communities. Once a resident has had their contract terminated they may reapply to live in M Housing, after the academic year their contract was terminated in. A follow up conversation with an HSCR staff person will be required to determine if they are eligible to return.
- M Housing Transfer
Relocation to a different room or M Housing facility occurs in order to remove the resident from the current environment to provide a fresh start in a different residential community. This is for the benefit of both the resident and the community.
Repayment for actual loss in the case of M Housing property damage, theft or lost revenue.
- Removal of Prohibited Items
An instruction to remove items that are listed as prohibited according to the CLAM. Failure to do so will result in further action.
- M Housing Access Restriction
Residents who violate M Housing and/or The Statement may be restricted from accessing specific spaces due to harm or impact.
If a resident takes responsibility or is found responsible during a conduct meeting, an educational outcome may be assigned. These outcomes are designed to facilitate reflection and growth based upon details of the specific conduct case. Educational outcomes, while they may include restorative measures, are not solely restorative. They encompass a broader range of options.
Restorative Measure Outcomes
If a resident takes responsibility or is found responsible during a conduct meeting, restorative outcomes may be determined during or after the resident's meetings. By understanding the consequences of their behaviors, residents can focus on repairing the harm caused during the incident and making more informed decisions in the future. Given the individual nature of each situation, restorative outcomes are determined by the student and the Case Coordinator, and are assigned on a case-by-case basis.
Note: M Housing reserves the right to change the locking devices on residence room doors and/or outer doors in order to enforce an outcome of restriction of privileges, prohibition of entry into M Housing, M Housing transfer, or termination of M Housing contract.
Rights and Responsibilities
The resident's rights under the HSCR process include the following:
- Right to Notice and Access Incident Information
You will be provided a copy of the report alleging that you violated the CLAM. The names of other students, excluding student ResStaff members, are redacted to protect their privacy.
- Right to Participation
Participation in this process allows a Case Coordinator to facilitate an M Housing meeting and conversation about the incident and hear your perspective. However, you may decline to participate in the meeting, and a decision will be made in your absence.
- Right to Share Perspective
We encourage you to share how you experienced the incident as your perspective is important. You have the right to bring any additional information to the M Housing meeting that you feel would help the staff member better understand what happened.
- Right to a Support Person
You may bring an advisor or support person to the M Housing meeting. Please note that this advisor or support person is not allowed to participate in the process.
- Right to a Fair and Impartial Meeting
If you feel that the Case Coordinator hearing your case is not impartial, you may request that another staff member facilitate the conversation at any time before the meeting.
- Right to Written Follow-Up
A follow-up letter outlining the outcome of the meeting will be sent within three business days of the meeting. This letter will detail your responsibility as well as any follow-up actions and their deadlines for completion, if applicable.
- Right to Appeal
You have the right to appeal the outcome of the meeting if it meets the criteria for an appeal. Requests for an appeal must be submitted within five business days of the written decision and finding of responsibility. The grounds for appeal can be found in the “Appeal” section of this document.
The resident's responsibilities under the HSCR process include the following:
- Responsibility to Share Accurately
If choosing to participate in the process, you are responsible for recounting events accurately to the best of your ability. If you are responsible for violating the CLAM , we will discuss the impact that this incident had on yourself and others, and understanding what occurred will allow us to explore that impact as well as address it.
- Responsibility to Avoid Influencing Other Involved Parties
There are often multiple people involved in an incident. You have a responsibility to not encourage or pressure others who may be involved to give false information or omissions about the incident.
- Responsibility to Treat Staff with Civility
You have a responsibility to not harass or intimidate any staff member or community member throughout the conduct process. All participants in this process should feel safe so they are able to fully engage in conversation.
How to Appeal a Decision
If the accused resident disputes the finding(s) or educational outcome(s) resulting from the M Housing Support & Community Responsibility process, the decision may be appealed. If an appeal request meets the grounds for appeal, it will be heard by a M Housing designee.
- Be submitted in writing via email at HSCRprocess@umich.edu;
- Be submitted within five (5) business days after the receipt of the decision from the Case Coordinator;
- Specify the grounds for the appeal.
If an extension is requested before the expiration of the allotted time, this deadline may be extended at the discretion of the Director for HSCR or designee.
If there is grounds for an appeal, the response will be based only on a conversation with the resident and/or complainant, review of the records of the case, review of the case meeting (if applicable), and/or review of any new information that was not reasonably available at the time of the case meeting. Residents must write and submit an appeal on their own behalf.
Generally, outcomes will not be enforced until a decision has been made regarding an appeal. However, situations involving behavior that is disruptive to the community or that poses a threat to safety of the resident or others may dictate that an outcome, including contract termination, may be enforced immediately, regardless of the appeal status.
Grounds for Appeal
Grounds for filing an appeal are limited to the following:
- A procedural error has resulted in violation of the resident's rights as defined in this policy;
- New information not available at the time of the M Housing meeting is significant enough to change the outcome. Information that was available but withheld at the time of the meeting cannot be submitted as new information.
- The outcome(s) was (were) excessive in relation to the violation. As part of this standard, outcomes for similar violations will be considered by HSCR staff to determine if there is grounds for an appeal.
Response to Appeal
HSCR or designee will make every effort to return a decision within 7 business days of receiving a written appeal. Response to the appeal is limited to the following:
- Affirming the original decision concerning the violation(s) of the CLAM;
- Affirming the original decision concerning the restorative measures(s) issued or outcomes assigned;
- Reversing the original decision concerning the violation of the policy and directing that the complaint be dismissed;
- Reversing the original decision concerning the violation of the policy and directing that a new case meeting be held with a new Case Coordinator;
- Changing the original decision concerning the restorative measure, and imposing a different restorative measure not greater than the restorative measure set by the Case Coordinator;
- Adding to, changing or retracting the original alleged violation(s) and decision, and modifying any restorative measure(s) accordingly.
All appeal decisions/outcomes are final.
Resolution of End of Term Violations
Possible violations of the CLAM or Statement that concern M Housing should be addressed before residents depart from M Housing at the end of any term. If residents are not in good standing after the HSCR process concludes, they may not be allowed to live in M Housing until they meet with a M Housing designee and are back in good standing.
Continuous Behavioral Concerns
M Housing reserves the right to deny Housing Contracts to residents who have shown a pattern of continuous and/or egregious behavioral concerns.
M Housing has the right to require a resident to leave M Housing, relocate to a different space, or restrict their access to M Housing spaces when that resident’s continued presence in the M housing community poses a significant disruption to the community or poses a significant risk to any person or property or as otherwise set forth in the CLAM.
These actions are considered temporary until the formal HSCR process is completed.
Emergency Removal is the act of removing the resident from all residential spaces, meaning they must leave M Housing and reside off campus.
Emergency Relocation is the act of requiring a resident to move to a different residential space.
Emergency Restriction is the act of limiting access to a specific M Housing space.
In such cases, the following will occur:
- M Housing will make the decision to enact an Emergency Action and share with the student, in writing, what they must do to comply with the emergency action process.
- Two (2) M Housing professional staff members will hold an Emergency Action meeting with the resident to conduct an assessment of the situation as soon as possible.
- The outcome of the Emergency Action meeting will be a determination of whether the emergency action remains necessary until the HSCR conduct process commences, and, if so, the parameters for that individual situation.
- If emergency removal/relocation/restriction is deemed appropriate, the resident will receive written notice of the decision.
- Within a business day, the HSCR conduct process will commence in order to determine if the emergency action is temporary or permanent.
- M Housing reserves the right to change the locking devices and access rights on resident room / apartment doors and/or residence hall outer doors.
If removed from the residential community due to violations of the CLAM or pursuant to this emergency removal/relocation process, a resident is still responsible for the room and board as outlined in their contract unless otherwise agreed to by M Housing.
Office of Student Conflict Resolution (OSCR) Referral
The following is the criteria that M Housing will use when considering whether to refer a case to OSCR:
1. The alleged behavior presents a potential threat of danger to persons or property.
2. The alleged behavior presents potential imminent danger to persons or property.
3. The alleged behavior is of a repetitive nature and the accused student is not responding to local process and/or restorative measures.
4. The alleged behavior involves harassment (racial, sexual or other) and indicates a potential impact on the campus-wide climate.
5. The alleged behavior indicates that the responding student may need to be put on notice that repetition could result in suspension or expulsion.
6. The alleged behavior occurs outside of M Housing or the responding student is not a member of the M Housing community.
When appropriate, adaptable conflict resolution (ACR) may be offered as the first and fairest method to resolve many situations. Structured dialoguing, conflict coaching, and community response may be used as the ACR process but mediation is the most common. Mediation is an interactive problem-solving process in which an impartial person facilitates communication between parties to promote reconciliation, settlement or understanding among them. A successfully fulfilled ACR process will typically result in a written agreement, which may become a binding portion of the housing contract for those involved. It will also likely eliminate the need for further action within the HSCR Process.