How to Appeal a Decision
If the accused resident or the complainant disputes the finding(s) or restorative measure(s) resulting from the Housing Student Conduct and Conflict Resolution process, the decision may be appealed. Appeals are heard by an Associate Director or designee. They must be submitted in writing via email at HSCRprocess@umich.edu within five business days after the receipt of the decision from the Hall director or HSCR staff member. If the appeal is related to CLS 1.15 and relevant to Michigan Learning Communities the appeal will be heard by members in Housing and LS&A or their designees. If an extension is requested before the expiration of the allotted time, this deadline may be extended at the discretion of the Associate Director for HSCR. The appeal statement should specify the grounds for the appeal. The response to an appeal will be based only on an interview with the resident and/or complainant, review of the records of the case, review of the arbitration (if applicable), and/or review of any new evidence that was not reasonably available at the time of the arbitration. Residents must write and submit an appeal on their own behalf.le at the time of the arbitration. Residents must write and submit an appeal on their own behalf.
Generally, restorative measures 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 a restorative measure, including contract termination, 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;
- The decision is clearly not supported by the information presented at the arbitration;
- The restorative measure was not appropriate for the violation;
- Significant and relevant new information is available that was not reasonably available at the time of the arbitration.
Response to Appeal
The Associate Director or designee will make every effort to return a decision within 10 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 CLS or the Statement;
- Affirming the original decision concerning the restorative measures(s) issued;
- 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 arbitration be held before a new arbitration body;
- Changing the original decision concerning the restorative measure, and imposing a
different restorative measure not greater than the restorative measure set by the administrative arbitration officer.
- Adding to, changing or retracting the original alleged violation(s) and decision, and modifying any restorative measure(s) accordingly.
The outcome of the appeal is final.
Resolution of possible violations before term ends.
Possible violations of the CLS or Statement that concern University Housing must be addressed before residents depart from Housing at the end of any term. Residents who fail to respond to outstanding Housing conflicts may be denied the opportunity to return for the next term and the case will be reviewed and heard in their absence by their Hall Director. Residents involved in such incidents, and who are not planning to return to University Housing, may have their cases referred to OSCR. Violations allegedly committed by non-residents who are University of Michigan students may also result in a referral to OSCR.
HSCR records will be maintained by the Associate Director for Housing Student Conduct and Conflict Resolution. Confidentiality of the records will be maintained to the extent required by law, including the federal Family Educational Rights and Privacy Act [FERPA] and the University’s FERPA policy.
University Housing will periodically compile and release statistical data on the administration of Housing rules and regulations. However, data released will not reveal the identity of individuals involved. HSCR records are maintained for 7 years following the closure date of the incident.
The HSCR procedures will be reviewed in concert with the Residence Halls Association (RHA) and other residents, and are subject to change.
The CLAM is reviewed and edited as needed on a yearly basis by staff in the Housing Information Office and Housing Student Conduct and Conflict Resolution. All revisions are approved by the Director of Housing and the Office of General Council.
Any question or interpretation regarding the HSCR Process shall be referred to the Director of University Housing or designee for final determination.