ARTICLE 4

Judicial Process

4.1 Introduction

4.1.1 The University as a community is dependent upon maintaining a balance among personal freedoms, individual responsibilities, institutional rights, and institutional responsibilities. When rights conflict or when responsibilities are not met, means for hearing and redress must be provided. The fundamentals of fair play are the necessary guarantees of judicial process. Each party to a hearing has rights and corresponding responsibilities which, together, define the elements of fair play essential to due process. The requirements of due process are outlined below in 4.3 and 4.4 and shall be adhered to by all duly constituted judicial bodies as provided herein.

4.2 General Procedures for All Judiciaries

4.2.1 Code of Operations: Each judiciary shall establish a code of operations which is in all ways consistent with the provisions of due process as outlined in Sections 4.3, 4.4, and 4.5 of this Article, including establishing procedures for determining whether a complaint or allegation appropriately warrants a judicial hearing.

4.2.2 A Student Judiciary, with cause, may waive jurisdiction and request that a case be heard by the Student-Faculty Judiciary. The Student-Faculty Judiciary may elect to hear the case or direct a Student Judiciary to hear it.

4.2.3 Open and Closed Hearings: An open hearing is open to any member of the University community. A closed hearing is restricted to the parties concerned. The judiciary may close an open hearing at any time to maintain order.

a. Disciplinary hearings shall be closed unless an open hearing is requested by the respondent. (See Section 4.3)
b. Non-disciplinary hearings shall be open unless the judiciary determines that the hearing should be closed to protect the confidentiality of information. (See Section 4.4)

4.2.4 Decisions:

a. Findings: After hearing a case, a hearing body shall decide whether an allegation has been supported by the preponderance of evidence. If the allegation is not so supported, the case is dismissed. If the allegation is supported, the judiciary may select from the following sanctions:
b. Sanctions in disciplinary cases:
1. No action.
2. Warning. An official written statement expressing disapproval of acts committed.
3. Warning Probation. A probation indicating that further violations of regulations will result in more severe disciplinary action. This probation will be imposed for a specific period of time, and the student shall be automatically removed from probation when the imposed period expires. This probation may be accompanied by a requirement that restitution be made for University property damages or losses resulting from acts committed, or other requirements or special conditions as deemed appropriate.
4. Disciplinary Probation. A period of time specified for observing and evaluating a student's conduct, with or without special conditions, including a written reprimand and indicating that (a) further violations while on probation may result in more severe disciplinary action including suspension or (b) further violation while on probation of regulations of similar or greater severity will result in suspension. This probation will be imposed for a specific period of time, and the student shall automatically be removed from probation when the imposed period expires.

Special Conditions: A special condition of disciplinary probation may include:

(i) Restitution: By such date established by the appropriate judiciary or administrative officer, the student shall pay for University property damages or losses resulting from acts committed.
(ii) Change of Residence: The student shall be required to move from his or her current on-campus residence, to either an off-campus location or to another location within the University Housing system that is acceptable to the Office of Student Affairs.
(iii) Other: Other action deemed appropriate to a specific case.
5. Suspension. A suspension from the University may be by semester, in which case the student is eligible to apply for readmission at the end of the stated period of time; or it may be a conditional suspension, in which case the student must demonstrate that he/she has fulfilled stated conditions prior to applying for readmission. Suspension is implemented, after approval, by the Vice President for Student Affairs and Services except in the case of academic dishonesty, violation of professional standards, or falsification of admission and academic records, in which suspension is implemented, after approval, by the Provost.
c. Sanctions appropriate to student group constitutional questions or issues may include:
1. Censure.
2. Revocation of privileges.
3. Revocation of registration of a student organization.
4. Other action deemed appropriate to a specific case.

4.2.5 Appeals: The decision of a hearing body may be appealed in accordance with the principles established in Section 4.3.6 for disciplinary cases and 4.4.9 for nondisciplinary cases. Procedures for filing and acting on appeals shall be as follows:

a. The appeal must be submitted in writing to the appropriate judiciary within three (3) class days following written notification of the original decision.
b. If a group is involved, a representative designated by the group shall act in behalf of the group.
c. The appellate body shall request relevant information, review the case and the procedures used, and then decide as follows:
1. There are not sufficient reasons for another hearing and the decision of the lower judiciary shall stand, or
2. The lower judiciary shall be directed to rehear the case or to reconsider or clarify its decision, or
3. The appellate body may affirm, reverse, or modify the decision, or in extraordinary circumstances, elect to rehear the case in its entirety.

4.2.6 Reconsideration: Each hearing body shall make provision to allow a complainant or respondent to request reconsideration of a case within sixty (60) class days if it is determined that new evidence has arisen. An exception to the time provision may be granted by the appropriate hearing body.

4.2.7 Members of a judiciary involved or possessing other conflicts of interest in a case at issue shall be disqualified from sitting on the judiciary for that specific case.

4.3 Due Process -- Disciplinary Proceedings

4.3.1 Students accused of violating a regulation or all-University policy shall have the right to appear before a duly constituted judicial body as herein provided. No student shall be suspended from the University except through the procedures of this article which includes provisions for interim suspension as prescribed in Section 4.3.7 or the applicable section of the Graduate Student Rights and Responsibilities document or the Medical Students Rights and Responsibilities document.

4.3.1.1 The student shall be notified, in writing, by a representative of the Office of Student Affairs, or of the Office of the Provost in cases of academic dishonesty, violations of professional standards or falsification of admission and academic records which are referred for disciplinary action, that he or she has been accused of violating a regulation or all-University policy. The student shall be expected to meet with the representative, receive a written statement of the alleged violation, and choose whether the allegation is handled by an appropriate judiciary or an administrator. The provisions of this document concerning sanctions and appeals apply to either option. Students who fail to meet initially with the representative shall be referred to the appropriate judiciary for a hearing.

4.3.1.1.1 In cases of academic dishonesty, violations of professional standards, and falsification of admission and academic records, all alleged violations will be handled by the appropriate judiciary.

4.3.2 Notice of Hearing: At least three (3) class days prior to a hearing, the respondent shall receive a written notification of hearing from the appropriate judicial body or administrator. This notice of hearing shall state:

a. The regulation alleged to have been violated together with charges of sufficient particularity to enable the respondent to prepare a case.
b. The time and place of the hearing.
c. The body or administrator adjudicating the case.
d. The name of the complainant and the name of counsel, if any.
e. The names of witnesses for the complainant. (A request to add witnesses may be granted by the judiciary or administrator. If so, a postponement of three (3) class days will be granted upon request of the respondent.)

4.3.3 Either the complainant or the respondent may request, with cause, a postponement prior to the scheduled time of the hearing. The hearing body may grant or deny such a request.

4.3.4 Both the respondent and the complainant shall be expected to appear at the hearing and present their cases to the hearing body.

a. Should the complainant fail to appear, the hearing body may either postpone the hearing or dismiss the case.
b. Should the respondent fail to appear, the hearing body may either postpone the hearing or hear the case in the student's absence. The failure of the student to appear shall not be taken as indicative of guilt and must be noted without prejudice.

4.3.5 Both the respondent and the complainant shall be entitled to:

a. Receive an expeditious hearing.
b. Call witnesses on their behalf. The hearing body reserves the right to limit the number of witnesses. Witnesses are to be members of the University community except as the hearing body rules that others may serve in the interest of the case.
c. Submit evidence or written statements in support of their positions.
d. Be accompanied by counsel of their choice who may assist in the presentation of their cases. Counsel shall be limited to a member of the student body, faculty, or staff of the University.(See Footnote 1)
e. Question any witnesses providing oral or written testimony.
f. Receive a decision and the rationale for that decision. The respondent shall be provided with written notification of the decision.
g. Written notification of the right to appeal. Should the right to appeal be exercised, any action by the hearing body shall be deferred until the appeal is acted upon by a higher body.

4.3.6 Both the respondent and the complainant shall, subject to the following conditions, have the right to appeal the decision of a hearing body.

a. The respondent may appeal an adverse decision as a result of a hearing. The reasons for appeal shall be: (1) insufficient grounds for the decision; (2) a sanction inappropriate to the seriousness of the offense.
b. The complainant may appeal a decision not to grant a hearing by a hearing body of original jurisdiction.
c. Both the respondent and complainant may appeal on the grounds that the applicable procedures for adjudicating the case were not followed, or there was a conflict of interest with a member or members of the judiciary.

4.3.7 When the Vice President for Student Affairs and Services, at his/her discretion, believes there is reasonable cause that a student's continued presence at Michigan State University constitutes a clear and present danger to the health or safety of persons or property, the Vice President for Student affairs and Services or his/her designee may temporarily suspend a student pending final resolution of the matter. The interim suspension shall not preclude, predetermine, or render irrelevant subsequent disciplinary action or procedures; nor shall an interim suspension create a presumption of guilt.

4.3.7.1 Students placed on interim suspension may petition for reinstatement pending the final resolution of their cases. Such petitions will be considered by either the Vice President for Student Affairs and Services or the Student-Faculty Judiciary as requested by the petitioner. The Vice President or the judiciary shall conduct a hearing for the sole purpose of deciding to continue the interim suspension or grant reinstatement. Regardless of outcome, the hearing shall not preclude, predetermine, or render irrelevant subsequent disciplinary procedures. The hearing shall be held within five (5) University class days after receipt of a student's petition.

4.4 Due Process -- Non-Disciplinary Proceedings

4.4.1 Any student may request a hearing before the appropriate judicial body when such a request concerns:

a. Any challenge to a University regulation, or an action by faculty or staff alleged to be inconsistent with the guidelines established in this document.
b. A question, conflict, or interpretation of a student group's constitution or rules.

In such a case, the person should utilize available remedies before seeking relief through judicial action.

4.4.2 The judiciary shall review each hearing request for jurisdiction and judicial merit and may then forward a copy of the request to the appropriate individual(s) and invite a written response. After considering all submitted information, the judiciary may:

a. Accept the request, in full or in part, and proceed to schedule a hearing.
b. Reject the request and provide an appropriate explanation.
c. Invite all parties to meet with the judiciary for an informal discussion of the issues. Such a discussion shall not preclude a later hearing.

4.4.3 Notice of Hearing: At least three (3) class days prior to a hearing both the respondent and the complainant shall be entitled to a written notification of hearing from the appropriate judicial body. This notice of hearing shall state:

a. The nature of the issues, charges, and/or conflicts to be heard with sufficient particularity to enable both the respondent and the complainant to prepare their respective cases.
b. The time and place of the hearing.
c. The body adjudicating the case.
d. The names of the respondent and complainant.
e. The name of the complainant's counsel, if any. f. The names of any individuals who will speak in support of the complainant's position.

4.4.4 Response to Notice of Hearing: The respondent is to notify the judiciary of the following, in writing, at least one (1) class day prior to the scheduled hearing:

a. The name of the respondent's counsel, if any.
b. The names of any individuals who will speak in support of the respondent's position.
c. An outline of the respondent's presentation for the hearing, if requested by the judiciary.

4.4.5 Should the respondent fail to acknowledge the notice of hearing, the judiciary may either postpone or proceed with the hearing.

4.4.6 Either the complainant or the respondent may request, with cause, a postponement prior to the scheduled time of a hearing. The judiciary may grant or deny such a request.

4.4.7 Both the respondent and the complainant shall be expected to appear at the hearing and present their cases to the judiciary.

a. Should the complainant fail to appear, the judiciary may either postpone the hearing or dismiss the case.
b. Should the respondent fail to appear after having acknowledged the notice of the hearing, the judiciary may either postpone the hearing or hear the case in the respondent's absence.
c. The judiciary may accept written statements from a party to the hearing in lieu of a personal appearance but only in unusual circumstances. Such written statements must be submitted to the judiciary at least one (1) day prior to the scheduled hearing.

4.4.8 Both the complainant and the respondent shall be entitled to:

a. Receive an expeditious hearing.
b. Present individuals to speak in support of their positions. The judiciary reserves the right to limit the number of such individuals. Those who speak shall be members of the University community except as the judiciary rules that others may serve in the interest of the case.
c. Submit evidence or written statements in support of their positions.
d. Be accompanied by counsel of their choice who may assist in the presentation of cases. Counsel shall be limited to a member of the student body, faculty, or staff of the University.
e. Ask questions of witnesses providing oral or written testimony.
f. Receive a written explanation of the reasons for the decision.
g. Notification of right to appeal, if any. Should the right to appeal be exercised, any action by the judiciary shall be deferred until the appeal has been acted upon.

4.4.9 All non-disciplinary decisions by the Student- Faculty Judiciary shall be final; however, such decisions by a student judiciary may be appealed subject to the following conditions:

a. Either the respondent or the complainant may appeal an adverse decision as a result of a hearing. The reasons for appeal shall be: (1) insufficient grounds for the decision; (2) inappropriateness of the decision.
b. The complainant may appeal a decision by a judiciary of original jurisdiction not to grant a hearing.
c. Both the respondent and complainant may appeal on the grounds that the applicable procedures for adjudicating the case were not followed.

4.4.10 Decisions in non-disciplinary cases shall be made available to the University community unless the judiciary determines that confidentiality of the records should be protected.

4.5 Judicial Structure

4.5.1 Student Judiciaries: Each residence hall government shall establish a judiciary or join with other hall governments in the same residential complex in establishing a common judiciary. The All-University Undergraduate Student Governing Body and the All-University Graduate Student Governing Body shall also establish a student judiciary. In addition, any major governing group may elect to establish its own judiciary. All such judiciaries shall conduct formal hearings on matters herein defined and shall function within the guidelines of this Article.

4.5.1.1 Composition: The members of each student judiciary shall be selected in accordance with the procedures established by the constitutions of their respective groups and shall have an advisor designated by the Vice President for Student Affairs and Services.

4.5.1.2 Jurisdiction: The student judiciaries shall have jurisdiction on the following matters:

Original Jurisdiction (Disciplinary):

a. Alleged violations of general student, student group, or living group regulations or all-University policies with the exception of alleged academic dishonesty, violations of professional standards, or falsification of admission or academic records by individual members or constituent groups within the particular living unit(s) or the major governing group. Where no living unit or group judiciary exists, allegations will be handled by the student judiciary established by the All-University Graduate and Undergraduate Student Governing Bodies.
(1) A student may request a hearing before a student judiciary other than his/her constituent judiciary.

Original Jurisdiction (Non-disciplinary):

b. A question, conflict, or interpretation of the constitution or rules of the judiciary's constituent group.
c. Alleged violation of regulations governing registered student organizations by the judiciary's constituent group.

4.5.1.3 Decisions: After hearing a case, a student judiciary shall decide according to the provisions of Section 4.2.4, but may not suspend a student from the University.

4.5.1.4 Appeals: Decisions of a student judiciary may be appealed to the University Student Appeals Board according to the provisions of Section 4.3.6. In non-disciplinary cases, grounds for appeal shall be restricted to alleged violation of due process and/or the provisions of this document according to the provisions of Section 4.4.9.

4.5.1.5 Summer Term: During summer term, a student judiciary may, through a continuation of its existing membership or through a request for interim appointments, provide for its operation.

4.5.1.6 Temporary Restraining Actions: The procedural rules of a student judiciary shall include provisions for expedited consideration of urgent cases in which a restraining action is sought because an individual or group allegedly threatens immediate and irreparable harm through action contrary to the constitution of any undergraduate or graduate student governing group within the judiciary's jurisdiction.

a. Upon receipt of such a request, the student judiciary shall conduct a preliminary examination to determine whether a temporary restraining action should be taken. This meeting should include opportunity for both the complainant and the respondent to present information. Consideration should be given to the nature and potential extent of irreparable harm, other alternatives to remedy the situation, and whether a temporary restraining action would preclude, predetermine, or render irrelevant the ultimate decision of a judiciary in reviewing the details of the case.
b. If the judiciary decides to take a temporary restraining action, the appropriate individual or group shall be required to postpone or withdraw the action in question pending a hearing on the merits of the case by the judiciary having original jurisdiction over the governing group or living group constitution in question.
c. The student judiciary shall make every reasonable effort to meet whatever exigencies of time may exist in such a case.

4.5.2 Student-Faculty Judiciary: There shall be established a Student-Faculty Judiciary.

4.5.2.1 Composition: Voting members shall be selected as provided in Section 4.6. The membership of the Student-Faculty Judiciary shall be as follows:

a. Five undergraduate students.
b. One graduate student.
c. Five faculty members.
d. One ex-officio non-voting advisor appointed by the Vice President for Student Affairs and Services.

4.5.2.2 Jurisdiction: The Student-Faculty Judiciary shall have jurisdiction in the following areas:

Original Jurisdiction (Disciplinary):

a. Alleged violations of all-University policies or alleged violations of regulations other than those related to academic dishonesty, violations of professional standards, or falsification of admission or academic records as referred by the Office of Student Affairs.

Original Jurisdiction (Non-disciplinary):

b. Conflicts arising between student governing groups, living units, and/or registered student organizations.
c. Conflicts between the undergraduate and graduate student governing bodies.

4.5.2.2.1 The procedure for hearings under Section 4.5.2.2b and c shall accord with the provisions of Section 4.4 above. The parties involved shall be notified in writing of the Student-Faculty Judiciary's decision and of any recommendation the Student-Faculty Judiciary deems appropriate. The chairperson shall subsequently make the decision public in an appropriate manner, unless the judiciary determines that confidentiality of the record should be protected.

4.5.2.3 Temporary Restraining Action: The procedural rules of the Student-Faculty Judiciary shall include provisions for expedited consideration of urgent cases in which a temporary restraining action is sought because a regulation or administrative decision allegedly threatens immediate and irreparable harm or infringement of rights as defined by this document.

a. Upon receipt of such a request, the Student-Faculty Judiciary shall conduct a preliminary examination to determine whether temporary restraining action should be taken. This meeting should include opportunity for both the complainant and the respondent to present information. Consideration should be given to the nature and potential extent of irreparable harm, other alternatives to remedy the situation, and whether a restraining action would preclude, predetermine, or render irrelevant the ultimate decision of the Student-Faculty Judiciary in reviewing the full details of the case.
b. If the Student-Faculty Judiciary decides to take a temporary restraining action, the appropriate individual, group, or administrative unit shall be requested to postpone or withdraw the action in question pending a hearing on the merits of the case.
c. The Student-Faculty Judiciary shall make every reasonable effort to meet whatever exigencies of time may exist in such cases. If necessary, the Student-Faculty Judiciary may announce its decision regarding a temporary action without a written statement of its reasons provided that such a statement of reasons shall be made available as soon as reasonably possible.

4.5.2.4 Decisions: After hearing a case, the Student-Faculty Judiciary shall decide in accordance with the provisions of Section 4.2.4.

4.5.2.5 Appeals: Disciplinary decisions of the Student-Faculty Judiciary may be appealed to the University Student Appeals Board in accordance with the provisions of Section 4.2.5 and 4.3.6.

4.5.2.6 Summer Term: The Student-Faculty Judiciary shall, through a continuation of its existing membership or through a request for interim appointments, provide for its operation through the summer term.

4.5.3 University Student Appeals Board: There shall be established a University Student Appeals Board.

4.5.3.1 Composition: Voting members shall be selected as provided in Section 4.6. The membership of the University Student Appeals Board shall be as follows:

a. Two undergraduate students.
b. One graduate student.
c. Four faculty members.

4.5.3.1.1 The Office of the Vice President for Student Affairs and Services shall provide necessary support services for the University Student Appeals Board.

4.5.3.2 Jurisdiction: The University Student Appeals Board shall have jurisdiction over:

a. Decisions made by a student judiciary and disciplinary decisions made by the Student-Faculty Judiciary.
b. Disciplinary actions taken by an administrator in the Office of Student Affairs as provided for in Section 4.3.1.1.
c. Procedures followed by the Traffic Appeals Board.
d. Challenges to a University regulation, or an action by an administrator or member of the faculty or staff alleged to be inconsistent with the guidelines established in this document.

4.5.3.2.1 In substantive challenge cases arising under Section 4.5.3.2d above, the University Student Appeals Board may provide declaratory relief by finding a regulation, or action by an administrator or member of the faculty or staff, to be inconsistent with this document. If additional action is required and possible in a case, the University Student Appeals Board shall direct that redress be provided. The responsible administrator, with the advice of the University Student Appeals Board and/or academic governance bodies, shall implement an appropriate remedy.

4.5.3.3 Summer Term: The University Student Appeals Board shall, through continuation of its existing membership or through request for interim appointments, provide for its operation through the summer term.

4.5.3.4 Decisions: The University Student Appeals Board shall have available to it the full range of decisions, including temporary restraining actions, provided to judiciaries through this document. In addition, the University Student Appeals Board may make whatever recommendations it may consider appropriate to specific cases.

4.5.3.5 Appeals: All decisions of the University Student Appeals Board with respect to individual and group actions are final unless appealed to the Vice President for Student Affairs and Services who may affirm or reverse the decision, diminish the sanction imposed, or direct that the case be reconsidered. Decisions of the University Student Appeals Board under Section 4.5.3.2d are not appealable.

4.5.4 University Academic Integrity Review Board: There shall be established a University Academic Integrity Review Board for the purposes described in Article II.

4.5.4.1 Composition: Voting members shall be selected as provided in Section 4.6. The membership of the University Academic Integrity Review Board shall be as follows: a. Four faculty members. b. Three undergraduate students. c. One ex-officio non-voting advisor appointed by the Provost.

4.5.4.1.1 The Office of the Provost shall provide necessary support services for the University Academic Integrity Review Board.

4.5.4.2 Appellate Jurisdiction: The University Academic Integrity Review Board shall have appellate jurisdiction over decisions by a college hearing board:

a. in cases of penalty grades for academic dishonesty as provided in Article 2,
b. in cases of alleged violations of regulations prohibiting academic dishonesty, violations of professional standards, and falsification of admission and academic records.

4.5.4.3 Summer Term: The University Academic Integrity Review Board shall, through continuation of its existing membership or through requests for interim appointments, provide for its operation through summer term.

4.5.4.4 Decisions: The University Academic Integrity Review Board shall have available to it the full range of decisions provided to judiciaries through this document. In addition, the University Academic Integrity Review Board may make whatever recommendations it may consider appropriate to specific cases.

4.5.4.5 Appeals: All decisions of the University Academic Integrity Review Board with respect to individual or group actions are final unless appealed to the Provost who may affirm or reverse the decision, diminish the sanction imposed, or direct that the case be reconsidered.

4.6 Judiciary Membership

4.6.1 Student members of the All-University Graduate and Undergraduate Student Governing Body Judiciary, the Student-Faculty Judiciary, the University Student Appeals Board, and the University Academic Integrity Review Board shall be selected as described below.

4.6.1.1 Selection: There shall be a Judiciary Selection Committee composed of undergraduate and graduate members from the All-University Graduate and Undergraduate Student Governing Body Judiciary, the Student-Faculty Judiciary, the University Student Appeals Board, and the University Academic Integrity Review Board. The Judicial Selection Committee may, at its discretion, include faculty members in the selection process. The Judicial Selection Committee shall be responsible for:

a. Developing a process for the selection of student judiciary members.
b. Making decisions on the selection of students to serve on the Student- Faculty Judiciary, the University Student Appeals Board, and the University Academic Integrity Review Board. If otherwise eligible, students seeking reappointment to the All-University Graduate and Undergraduate Student Governing Body Judiciary, the Student-Faculty Judiciary, the University Student Appeals Board, and the University Academic Integrity Review Board and receiving a majority of support from the non-returning judiciary members with whom they have served, will automatically be recommended for confirmation. Alternates may be selected to serve as replacements in case of resignations or a member's inability to serve for a full academic term.
c. Submitting the names of those selected for confirmation by the appropriate governing body.

4.6.1.2 Appointment: The appointment of graduate students to the All-University Graduate and Undergraduate Student Governing Body Judiciary, the Student-Faculty Judiciary, and the University Student Appeals Board shall be confirmed by the All-University Graduate Student Governing Body. The appointment of undergraduates to the All- University Graduate and Undergraduate Student Governing Body Judiciary, the Student-Faculty Judiciary, and the University Student Appeals Board shall be confirmed by the All-University Undergraduate Student Governing Body. The appointment of student members to the University Academic Integrity Review Board shall be confirmed by the Student Council.

4.6.1.3 Terms of Office:

a. Student members of the student judiciaries shall serve for one calendar year with opportunity for reappointment.
b. Student members of the Student- Faculty Judiciary shall serve for two years with the opportunity for reappointment. (Initially, two undergraduates shall be appointed for one year, and two undergraduates and one graduate shall be appointed for two years.)
c. Student members of the University Student Appeals Board shall be appointed for two years with the opportunity for reappointment.
d. Student members of the University Academic Integrity Review Board shall be appointed for two years with an opportunity for reappointment.
e. All terms of office shall begin with the fall academic term, except that some members may be appointed to serve the preceding summer on an interim basis.
f. Removal of a student member shall require:
1. Initiation of removal proceedings by a two-thirds (2/3) vote of the membership of the body in which the member serves.
2. A two-thirds (2/3) vote of the governing body which confirmed the appointment to withdraw the appointment.

4.6.2 Faculty members: The faculty members of the Student-Faculty Judiciary, the University Student Appeals Board, and the University Academic Integrity Review Board shall be appointed by the President of the University for terms of three years.

a. Student-Faculty Judiciary: Initially, two faculty members shall be appointed for two years and two for three years.
b. University Student Appeals Board: Initially, two faculty members shall be appointed for two years and two for three years.
c. University Academic Integrity Review Board: Initially two faculty members shall be appointed for two years and two for three years.
d. Selection, appointment, and reappointment shall be in accordance with the Bylaws for Academic Governance.

4.6.3 Chairpersons: At the beginning of the academic year, each judicial body (the University Student Appeals Board, the University Academic Integrity Review Board, the Student-Faculty Judiciary, and the Student Judiciaries) shall select from among its voting members a chairperson and vice chairperson who shall serve for one year and who shall have voting privileges.

4.6.4 Members of Student Judiciaries: The constitutions of the respective groups shall provide for the manner in which members will be selected, appointed, reappointed, and, if necessary, removed.

4.7 Traffic Appeals Board

4.7.1 There shall be a Traffic Appeals Board.

4.7.1.1 Composition: The members of the Traffic Appeals Board shall be selected in accordance with the procedures established by the undergraduate and graduate student governing bodies.

4.7.1.2 Jurisdiction: The Traffic Appeals Board shall hear appeals arising from summonses issued for violation of the Student Motor Vehicle Regulations established by the MSU Board of Trustees and applicable to all registered students.

4.7.1.3 Procedures: The Traffic Appeals Board shall establish a code of operations to govern its internal procedures which shall ensure fairness in the review of appeals received.

4.7.1.4 Decisions: Decisions of the Traffic Appeals Board shall be consistent with the provisions for violations and penalties in the Student Motor Vehicle Regulations. In addition, the Traffic Appeals Board may refer students to the Student-Faculty Judiciary for alleged violation of general student regulations.

4.7.1.5 Appeals: Decisions of the Traffic Appeals Board may be appealed to the University Student Appeals Board only on the basis of improper procedure.


(1) Permission may be granted to the respondent to be accompanied by an attorney if there are criminal charges pending. If the respondent is charged with a sex offense, the complainant may also have an attorney present.

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