ARTICLE 5

Adjudication of Cases Involving Graduate Student Rights and Responsibilities

5.1 Judicial Structure

5.1.1 To promote effective functioning of the system of graduate student rights and responsibilities, an appropriate judicial structure and process shall be established for hearing and adjudicating all cases brought by and against graduate students in the following areas:

(a) Academic Rights and Responsibilities
(b) Professional Rights and Duties of Graduate Assistants
(c) Professional Rights and Duties of other Graduate Students

5.1.2 Department/School Level. Adjudication necessitated on the department/school level may be handled informally or, at the request of a party or parties, formally through a department/school hearing board. The hearing board shall be composed of the unit administrator or designee and equal numbers of faculty and graduate students selected by their respective groups in accordance with the department/school bylaws. If the unit administrator is involved in the case, neither the unit administrator nor the designee may serve on the hearing board.

5.1.3 College Graduate Hearing Board. Each college shall establish a judiciary composed of the chair of the college graduate committee or designee and equal numbers of faculty and graduate students selected by their respective groups in accordance with college bylaws.

5.1.4 University Graduate Judiciary. A judiciary shall be established at the University level composed of the Dean of The Graduate School or designee, who shall serve as chairperson, three elected faculty members of the University Graduate Council, and three graduate students chosen by the All-University Graduate Student Governing Body.

5.1.5 Each hearing board or judiciary shall be chaired by a member who has faculty rank and shall provide a suitable number of alternate members chosen in accordance with the procedures established above.

5.1.6 Term of Office. Hearing board or judiciary members at all levels shall be selected in the fall of the year and shall serve one year. The one-year term shall not preclude reappointment of any member the following year.

5.1.7 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.

5.2 Jurisdiction of Alleged Violations (other than grievances).

5.2.1 Except as specified in this document (particularly in Section 5.1), alleged violations of student group regulations, general student regulations or all- University policies as they apply to all students (undergraduate, graduate, graduate-professional) will be referred to the appropriate judiciary as outlined in the Academic Freedom for Students at Michigan State University.

5.3 Redress of Grievances

5.3.1 With respect to allegations of violation(s) by or against a graduate student in the areas cited in Section 5.1, where possible, a grievant is encouraged to seek resolution and redress informally with the appropriate individual(s).

5.3.2 If problems arise in the relationship between instructor and student, both should attempt to resolve them in informal, direct discussions. If the problem remains unresolved, then the unit administrator and/or the Ombudsman should be consulted. If still aggrieved, a student may then submit a formal, written grievance for consideration by an appropriate hearing board. The formal grievance alleging violations of academic rights must include a proposed remedy which could be implemented by a responsible administrator.

5.3.3 The University undertakes, within the limits of its resources and the limits imposed by due respect for the professional rights of the faculty, to supply an appropriate remedy for legitimate student grievances. (The limits of the University's resources proceed from factors that, while subject to its influence, are not always subject to its control.)

5.3.4 To overcome the presumption of good faith in course instructors' and graduate committees' judgments of performance, grievances concerning academic evaluations must demonstrate that an evaluation was based entirely or in part upon factors that are inappropriate or irrelevant to academic performance and applicable professional standards. (See Sections 2.2 as well as 2.3.11 and 2.4.8.)

5.3.5 Any member of the academic community of Michigan State University may initiate a grievance involving the rights and responsibilities of graduate students. Grievances alleging violation of the academic rights of an undergraduate student by a graduate student shall be heard by the unit level judiciaries outlined in the Academic Freedom for Students at Michigan State University.

5.3.6 In submitting a formal grievance to an appropriate hearing board (see Section 5.3.6.2) alleging violation(s) by or against a graduate student in the areas cited in Section 5.1, a grievant must submit a written, signed statement that specifies in sufficient particularity to justify proceedings the point(s) forming the basis of the grievance, the person(s) and/or unit(s) against whom/which the grievance is filed, and the redress that is sought.

5.3.6.1 Grievances must normally be initiated no later than mid-term of the quarter following the one wherein the alleged violation occurred (exclusive of summer term). If the involved instructor or student is absent from the University during that quarter, or if other appropriate reasons exist, an exception to this provision may be granted by the appropriate Hearing Board. If, before the formal grievance procedures are completed, the involved instructor is no longer employed by the University, the grievance process may nevertheless proceed.

5.3.6.2 Student grievances alleging violation of academic and professional rights must be initiated at the lowest administrative level feasible; normally, the department/school. With the approval of the college dean, departments/schools may waive jurisdiction and refer grievances to the college hearing board.

5.4 Judicial Procedures

5.4.1 Hearing boards shall establish their own procedures in a manner consistent with this document. A copy of procedures adopted by each unit shall be filed with the Office of the Ombudsman and with the office of the Dean of The Graduate School.

5.4.2 Procedures for the adjudication of grievances must proceed in a timely manner.

5.4.3 Upon receipt of a formal grievance, the chairperson of the hearing board shall transmit a copy of the grievance within ten (10) class days to the hearing board members and to the person or persons party to the matter.

5.4.4 In urgent cases in which it is alleged that a regulation, administrative decision or action threatens immediate and irreparable damage to any of the parties involved, the hearing board or judiciary shall expedite the hearing and final disposition of the case.

5.4.5 A hearing board or judiciary is empowered to act on a request to direct an individual or unit to discontinue or postpone an administrative decision or action that threatens immediate and irreparable damage to any of the parties involved pending final disposition of the case. The hearing board or judiciary shall expedite the hearing and final disposition of this urgent case.

5.4.6 A department/school or college hearing board 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 board 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 board for an informal discussion of the issues. Such a discussion shall not preclude a later hearing.

5.4.7 Notice of Hearing. At least three (3) class days prior to a formal hearing, both the respondent and the complainant shall be entitled to a written notification of hearing from the appropriate hearing 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(s) of any potential witnesses.

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

5.4.9 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, the judiciary may either postpone the hearing or, only in unusual circumstances, hear the case in his or her 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.

5.4.10 Hearing boards shall ensure that a collegial atmosphere prevails in grievance hearings. Involvement of counsel should normally not be required. When present, counsel shall be limited to a member of the student body, faculty, or staff of the University.(See Footnote 1)

5.4.10.1 During the hearing, parties to a grievance shall have an opportunity to state their cases, present evidence, designate witnesses, ask questions, and present a rebuttal.

5.4.11 The hearing board shall prepare a written report of findings and rationale for the decision and shall forward copies to the parties involved, to the responsible administrator(s), to the Ombudsman, and to the Dean of The Graduate School. The report shall indicate the major elements of evidence, or lack thereof, which support the hearing board's decision. All recipients are expected to respect the confidentiality of this report. When a hearing board finds that a violation of academic rights has occurred and that redress is possible, it shall direct the responsible administrator to provide redress. The administrator, in consultation with the hearing board, shall implement an appropriate remedy.

5.4.12 Appeals. The decision of the original hearing board may be appealed by either party to a grievance only to the next level hearing board. If the original hearing was by a department/school hearing board, the appeal shall be made to the college hearing board. If the original hearing was by a college hearing board, the appeal should be made to the University Graduate Judiciary.

5.4.12.1 Appeals must allege either that applicable procedures for adjudicating the case were not followed in the previous hearing or that the findings of the hearing board were not supported by the preponderance of the evidence. (Presentation of new evidence will normally be inappropriate at an appeal hearing.)

5.4.12.2 All appeals must be written and signed and must specify the alleged defects in the previous adjudication(s) in sufficient particularity to justify further proceedings. The appeal must also specify the redress that is sought.

5.4.12.3 Appeals must be filed within ten (10) class days following a notice of a decision. The original decision shall be held in abeyance while under appeal.

5.4.12.4 An appellate board (i.e., a college hearing board or the University Graduate Judiciary) shall review each appeal request 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 appellate board may

a. decide that sufficient reasons for an appeal do not exist and that the decision of the lower hearing body shall stand;
b. direct the lower hearing body to rehear the case or to reconsider or clarify its decision; or
c. decide that sufficient reasons exist for an appeal and accept the request, in full or in part, and proceed to schedule an appeal hearing.

5.4.12.4.1 Following an appeal hearing, an appellate board may affirm, reverse, or modify the decision of the lower hearing body.

5.4.13 Reconsideration. Each judiciary or hearing board shall make provision to allow the parties to a grievance to request reconsideration of a case within sixty (60) days if it is determined that new evidence has arisen. An exception to the time provision may be granted by the appropriate judiciary or hearing board.

5.5 Academic Dismissal and Academic Disciplinary Cases

5.5.1 When sanctions other than or in addition to a penalty grade are involved, the college hearing board has original jurisdiction, and the University Graduate Judiciary has appellate jurisdiction over academic dismissals and disciplinary cases against graduate students relating to academic dishonesty, violations of professional standards, or falsification of admission or academic records.

5.5.2 A student who receives a penalty grade based upon a charge of academic dishonesty and who is not referred for judicial action may seek a hearing from a department/school hearing board. In such a hearing, the burden of proof shall rest upon the instructor whose prior assignment of the penalty grade will constitute a charge of academic dishonesty. The college hearing board shall proceed in compliance with applicable University and/or unit academic legislation on the integrity of scholarship, grades, and professional standards; and the procedural and appeal provisions of this document shall apply.

5.5.2.1 After hearing a case involving academic dismissal, dishonesty, professional standards, or falsification of admission or academic records, the college hearing board shall decide whether action is supported by the preponderance of evidence. If the finding is that disciplinary action is not warranted, the graduate student may challenge a penalty grade received in the case through the department/school and college hearing boards. If disciplinary action in addition to any penalty grade which has been assessed is supported by the preponderance of evidence, the hearing board may select from the following sanctions:

a. Sanctions in academic disciplinary cases:
(1) Warning. An official written statement expressing disapproval of acts committed.
(2) 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 provided no further violations have occurred, the graduate 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.
(3) Disciplinary Probation. A period of time specified for observing and evaluating a graduate 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, provided no further violations have occurred, the graduate student shall automatically be removed from probation when the imposed period expires.
(4) Suspension. A suspension from the University may be for a specified period of time, in which case the graduate 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 graduate student must demonstrate that he/she has fulfilled stated conditions prior to applying for readmission. A recommendation of suspension must be reviewed by the Dean of The Graduate School and the Provost who may affirm the decision or direct other appropriate redress in consultation with the hearing body.
(5) Other: Other action deemed appropriate to a specific case.
b. Sanctions in academic dismissal cases: (1) Academic dismissal does not imply future readmission, nor does it mean that the person is forever barred from enrollment at Michigan State University. After a period of at least a year, and usually a minimum of two years, a student dismissed for academic reasons may apply for readmission. The applicant must be prepared to submit evidence indicative of capacity to perform graduate level work. Declarations of good intentions are not sufficient. Each application will be considered on its merits. If the student has attended another institution while on dismissal, an official transcript must be submitted.

5.6 The University Graduate Judiciary is the final hearing body within the judicial structure related to graduate academic rights and responsibilities. 5.6.1 The University Graduate Judiciary shall have available to it the full range of decisions provided to hearing boards through this document. In addition, the University Graduate Judiciary may make whatever recommendations it may consider appropriate to specific cases. When the Judiciary finds that a violation of academic rights has occurred and that redress is possible, the Judiciary shall direct the responsible administrator to provide redress. The administrator, in consultation with the University Graduate Judiciary, shall implement an appropriate remedy.


(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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