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Appeal

F. Appeal
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 (5) 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.

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:

  1. A procedural error has resulted in violation of the resident’s rights as defined in this policy;
  2. The decision is clearly not supported by the information presented at the arbitration;
  3. The restorative measure was not appropriate for the violation;
  4. 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:

  1. Affirming the original decision concerning the violation(s) of the CLS or the Statement;
  2. Affirming the original decision concerning the restorative measures(s) issued;
  3. Reversing the original decision concerning the violation of the policy and directing that the complaint be dismissed;
  4. Reversing the original decision concerning the violation of the policy and directing that a new arbitration be held before a new arbitration body;
  5. 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.
  6. 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 M Housing should 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 M 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.

Revisions
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 Counsel.

Special Circumstances: Emergency Removal or Relocation
The safety and wellbeing of our residential students is a top priority and the emergency removal or relocation of a resident student is sometimes required to maintain a safe environment for our students. M Housing has the right to request or require a resident to leave M Housing when that resident’s continued presence in the 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. Emergency removal or relocation of residential students is typically the result of a severe situation that has occurred involving a residential student, which often presents imminent danger to persons or property in the community.

In such cases, the following process will occur:

  1. M Housing will hold an Emergency Removal/Relocation meeting to conduct an individualized assessment of the situation. The Associate Director of HSCR will endeavor to attend and lead this meeting. If the AD of HSCR is not available, the Director of Residence Education or the Director of Housing Security will fulfill that role. This meeting should occur as soon as possible after notice of the incident is provided.
  2. The outcome of the meeting will be a determination of whether emergency removal / relocation is necessary and, if so, whether it will be temporary or permanent. Temporary removal / relocation may be appropriate if the situation warrants further investigation and resolution through the HSCR or other process. Temporary removal / relocation may also be appropriate if the triggering incident(s) is temporary by nature and the risk will be eliminated with the passing of time.
  3. If reasonable, students will be provided the opportunity to voluntary leave housing or relocate to alternative housing. If time permits and doing so does not jeopardize the safety or well-being of the housing community, the student will have a chance to respond to the allegations and share additional information before a decision is made.
  4. If emergency removal or relocation is deemed appropriate, the student will receive notice of the decision by way of an emergency removal / intent to vacate written communication. This communication, typically in the form of a letter, will inform the resident whether the removal or relocation is temporary or permanent and inform the student on what they must do to comply with the emergency removal process.
  5. Student and/or student’s guests may be permitted to return to their residence if escorted by a Housing staff member.
  6. Students and/or household members may have their access to M Housing owned / operated properties limited or cut off following emergency removal or relocation. M Housing reserves the right to change the locking devices and access rights on resident room / apartment doors and/or residence hall outer doors.
  7. If an emergency removal or relocation is temporary and further investigation is warranted, the decision whether or not to permit the student to return to the housing community and the conditions upon which they may do so will be determined by the M Housing Student Conflict Resolution or other appropriate process.

If removed from the halls 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.

Interpretation
Any question or interpretation regarding the HSCR Process shall be referred to the Director of M Housing or a designee for final determination.

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