Students Rights and Responsibilities

Click on a link to be taken to the entry below.

In addition to the several policy statements included below, the University’s Student Code and general academic policies may be found, respectively, on the following Western Michigan University web sites: www.wmich.edu/studentcode and www.wmich.edu/sub/policies.html

Code of Honor

Western Michigan University (WMU) is a student-centered research university that forges a responsive and ethical academic community. Its undergraduate, graduate, and professional programs are built upon intellectual inquiry, investigation, discovery, an open exchange of ideas, and ethical behavior. Members of the WMU community respect diversity, value the cultural differences of those around them, and engender a sense of social obligation. Because of these values, all individuals are expected to conduct themselves in a professional and civil manner. This includes exemplifying academic honesty, integrity, fairness, trustworthiness, personal responsibility, respect for others, and ethical conduct. These attributes are exhibited in the University as well as in the community. Members of the University community abide by this code out of commitment to serve as responsible citizens of the University, the community, the nation, and the world. Responsibility for fulfilling the obligations of the code of honor is shared by the students, faculty, and every other member of the University community.

Student Rights

Basic Rights

As provided by University policy or by law:

1. Students have the right to free inquiry, expression, and association.
2. Students should be free from discrimination and harassment based on race, sex, sexual orientation, age, color, national origin, religion, disability, marital status, or family status.
3. Students should be secure in their persons, living quarters, papers, and effects.
4. Students are protected against improper disclosure as provided for in the Family and Education Rights and Privacy Act of 1974.
5. Students have the right to access their personal records and other University files as provided for under the Michigan Freedom of Information Act.
6. Students are free to participate in the governance of the University through membership in appropriately designated University and college committees.

Academic Rights

Students have those academic rights and responsibilities as described in the University catalogs, including but not limited to the following:

1. Student performance will be evaluated solely on academic criteria.
2. Students have protection against prejudiced or capricious academic evaluation.
3. Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled.
4. Students will be fully informed by the faculty about course requirements, evaluation procedures, and the academic criteria to be used in each class. This information will be provided at the beginning of the semester or sufficiently in advance of actual evaluation. Each course instructor is required to make available to students a course syllabus that shall contain a basic course description, course objectives, course requirements and policies, grading criteria, and instructor contact information. Instructors are encouraged to include a tentative schedule indicating when various topics will be addressed, and when quizzes, exams and due dates for assignments shall occur. Instructors are further encouraged to include in their syllabi basic University policies regarding academic conduct, human rights, diversity, and students with disabilities.
5. Students have the right to have all their examinations and other graded material made available to them with an explanation of the grading criteria. Faculty will retain all such materials not returned to the student for at least one full semester (or through spring plus summer sessions) after the course was given. Faculty are not required to return such material to the student, but must provide reasonable access.

Student Academic Conduct

The following policies and procedures shall apply to all matters of student academic conduct.

Academic Honesty

If a student is uncertain about an issue of academic honesty, he/she should consult the faculty member to resolve questions in any situation prior to the submission of the academic exercise.

Violations of academic honesty include but are not limited to:

Cheating

Definition

Cheating is intentionally using or attempting to use unauthorized materials, information, notes, study aids or other devices or materials in any academic exercise.

Clarification

1. Students completing any examination are prohibited from looking at another student’s examination and from using external aids (for example, books, notes, calculators, conversation with other) unless specifically allowed in advance by the faculty member.
2. Students may not have others conduct research or prepare work for them without advance authorization from the faculty member. This includes, but is not limited to, the services of commercial term paper companies.

Fabrication, Falsification, and Forgery

Definition

Fabrication is the intentional invention and unauthorized alteration of any information or citation in an academic exercise. Falsification is a matter of altering information while fabrication is a matter of inventing or counterfeiting information for use in any academic exercise or University record. Forgery is defined as the act to imitate or counterfeit documents, signatures, and the like.

Clarification

1. “Invented” information shall not be used in any laboratory experiment, report of results or academic exercise. It would be improper, for example, to analyze one sample in an experiment and then “invent” data based on that single experiment for several more required analyses.
2. Students shall acknowledge the actual source from which cited information was obtained. For example, a student shall not take a quotation from a book review and then indicate that the quotation was obtained from the book itself.
3. Falsification of University records includes altering or forging any University document and/or record, including identification material issued or used by the University.

Multiple Submission

Definition

Multiple submission is the submission of substantial portions of the same work (including oral reports) for credit more than once without authorization from instructors of all classes for which the student submits the work.

Clarification

Examples of multiple submission include submitting the same paper for credit in more than one course without all faculty members’ permission; making revisions in a credit paper or report (including oral presentations) and submitting it again as if it were new work.

Plagiarism

Definition

Plagiarism is intentionally, knowingly, or carelessly presenting the work of another as one’s own (i.e., without proper acknowledgment of the source). The sole exception to the requirement of acknowledging sources is when the ideas, information, etc., are common knowledge.

Instructors should provide clarification about the nature of plagiarism.

Clarification

1. Direct Quotation: Every direct quotation must be identified by quotation marks or appropriate indentation and must be properly acknowledged, in the text by citation or in a footnote or endnote.
2. Paraphrase: Prompt acknowledgment is required when material from another source is paraphrased or summarized, in whole or in part, in one’s own words. To acknowledge a paraphrase properly, one might state: “To paraphrase Locke’s comment, …” and then conclude with a footnote or endnote identifying the exact reference.
3. Borrowed facts: Information gained in reading or research which is not common knowledge must be acknowledged.
4. Common knowledge: Common knowledge includes generally known facts such as the names of leaders of prominent nations, basic scientific laws, etc. Materials which add only to a general understanding of the subject may be acknowledged in the bibliography and need not be footnoted or endnoted.
5. Footnotes, endnotes, and in-text citations: One footnote, endnote, or in-text citation is usually enough to acknowledge indebtedness when a number of connected sentences are drawn from one source. When direct quotations are used, however, quotation marks must be inserted and acknowledgment made. Similarly, when a passage is paraphrased, acknowledgment is required.

Faculty members are responsible for identifying any specific style/format requirement for the course. Examples include but are not limited to American Psychological Association (APA) style and Modern Languages Association (MLA) style.

Complicity

Definition

Complicity is intentionally or knowingly helping or attempting to help another to commit an act of academic dishonesty.

Clarification

Examples of complicity include knowingly allowing another to copy from one’s paper during an examination or test; distributing test questions or substantive information about the materials to be tested before the scheduled exercise; collaborating on academic work knowing that the collaboration will not be reported; taking an examination or test for another student, or signing another’s name on an academic exercise.

(NOTE: Collaboration and sharing information are characteristics of academic communities. These become violations when they involve dishonesty. Faculty members should make clear to students expectations about collaboration and information sharing. Students should seek clarification when in doubt.)

Computer Misuse

Definition

Academic computer misuse is the use of software to perform work which the instructor has told the student to do without the assistance of software.

Conduct in Research

Research and creative activities occur in a variety of settings at the University, including class papers, theses, dissertations, reports or projects, grant funded projects and service activities. Research and creative activities rest on a foundation of mutual trust. Misconduct in research and in creative activity destroys that trust and is prohibited. Students shall adhere to professional standards of integrity in both artistic and scientific research including appropriate representations of originality, authorship and collaborative crediting.

Definition

Misconduct in research is defined as serious deviation, such as fabrication or falsification of data, plagiarism, or scientific or creative misrepresentation, from accepted professional practices of the discipline or University in carrying out research and creative activities or in reporting or exhibiting/performing the results of research and creative activities. It does not include honest error or honest differences in judgments or interpretations of data.

Clarification

Examples of misconduct in research include but are not limited to:

1. Fabrication of Data: Deliberate invention or counterfeiting of information.
2. Falsification of Data: Dishonesty in reporting results, ranging from unauthorized alteration of data, improper revision or correcting of data, gross negligence in collecting or analyzing data, to selective reporting or omission of conflicting data.
3. Plagiarism and Other Misappropriation of the Work of Another: The representation of another person’s ideas or writing as one’s own, in such ways as stealing others’ results or methods, copying or presenting the writing or ideas of others without acknowledgment, or otherwise taking credit falsely. Representing another’s artistic or technical work or creation as one’s own. Just as there are standards to which one must adhere in the preparation and publication of written works, there are standards to which one must adhere in creative works in the tonal, temporal, visual, literary and dramatic arts.
4. Abuse of Confidentiality: Taking or releasing the ideas or data of others which were given in the expectation of confidentiality, e.g., stealing ideas from grant proposals, award documents, or manuscripts intended for publication or exhibition/performance when one is a reviewer for granting agencies or journals or when one is a juror.
5. Dishonesty in Publication or Exhibition/Performance: Knowingly publishing, exhibiting or performing work that will mislead, e.g., misrepresenting material, particularly its originality, or adding or deleting the names of other authors without permission.
6. Deliberate Violation of Requirements: Failure to adhere to or receive the approval required for work under research regulations of federal, state, local or university agencies, including guidelines for the protection of human subjects or animal subjects and the use of recombinant DNA, radioactive material, and chemical or biological hazards.
7. Failure to Report Fraud: Concealing or otherwise failing to report known misconduct or breaches of research or artistic ethics. Research Board Requirements Misconduct in research includes failure to comply with requirements of the conduct of research and creative activities, e.g., the protection of human subjects, the welfare of laboratory animals, radiation, and biosafety. Allegations in these areas may be brought by Human Subjects Institutional Review Board, the Institutional Animal Care and Use Committee and the Institutional Biosafety Committee.

Charges of Violations of Academic Honesty and Conduct in Research

Western Michigan University’s academic honesty and conduct in research policies have been created and defined by members of its academic community, recommended by its faculty senate, and adopted by its board of trustees. The processes necessary to support these policies are managed and facilitated by the Office of Student Conduct (OSC). If you have questions about the forms, the process, your role in the process, or anything else related to academic honesty, please call the Office of Student Judicial Affairs at 387-2160. These policies take effect August 30, 1999, and supersede previous catalog sections entitled “Academic Policy and Status,” “Academic Conduct Violation: Consequences and Appeals,” “Academic Grade Appeals Procedure,” and “General Academic Appeals Procedure.”

This section applies to cases in which a student is to be charged with a violation of the Academic Honesty Policy, including the policy on Academic Honesty and the policy on Conduct in Research.

1. Charging a student with a violation: An Academic Dishonesty/Conduct in Research Charge Form is filled out by the instructor for the purpose of charging the student. After the instructor completes the form, the instructor sends it (or may fax it) to the OSC. A staff member in that office will then contact the student and schedule a meeting between the student and the OSC. An OSC staff member will also notify the Registrar of the pending case, and will institute a “disciplinary hold” preventing the student from dropping, adding, or registering in classes.
2. If the student admits the charge: If the student admits responsibility, the OSC will contact the instructor and arrange an appointment between the instructor and the student to communicate the instructor’s penalty for the behavior, unless the instructor chooses not to meet with the student. The instructor may impose an academic penalty up to failure of the course in which the student is enrolled. The OSC may also impose non-grade-related penalties ranging from reprimand to dismissal from the University.
3. If the student denies responsibility: If the student denies the charge, the OSC will consult with the instructor to ascertain the instructor’s preference as to the hearing type. The hearing may be a meeting between the instructor and the student or a meeting between the student and an Academic Integrity Committee. An Academic Integrity Committee will consist of three faculty members and two students, selected using procedures established by the Professional Concerns Committee of the Faculty Senate. The choice of hearing type is the instructor’s. The OSC will assist the instructor in setting up the hearing and will notify the student of its time, date, and location.
4. If the student wants to appeal a finding of responsibility after a hearing with the instructor: A student may appeal a finding of responsibility resulting from a hearing with the instructor to an Academic Integrity Committee within five University business days. The student cannot appeal after that time has elapsed.
5. The authority of the academic integrity committee: An Academic Integrity Committee will conduct hearings to determine whether the student is responsible for academic dishonesty. An Academic Integrity Committee makes no decisions regarding the penalties and/or grades to be imposed, either by the instructor or by the OSC.
6. If a finding of “responsible” has been made: A finding of “responsible” occurs when a student admits responsibility to the OSC, the instructor so decides, or an Academic Integrity Committee so decides by majority vote. When that finding has occurred, the instructor may impose an academic penalty up to and including failure of the course in which the student is enrolled. A decision by the instructor regarding a grade penalty cannot be appealed by the student once the student has been found responsible and has exhausted or waived all appeals. Also, once the student has been found responsible and has exhausted or waived all appeals, that student’s continued attendance in the relevant class depends on the penalty imposed by the instructor and/or the OSC. If the instructor determines to fail the student in the course, the student is not permitted to continue attending class. Again, following a finding of responsibility, the OSC may impose additional penalties ranging from reprimand to dismissal from the University. In all cases when a final finding of responsibility has been made, the finding will be included in the student’s educational record. Students will not be permitted to withdraw from a course to avoid imposition of any academic penalty.
7. If a finding of “not responsible” has been made: If a finding of “not responsible” has been made, the charge is dismissed and no penalties are imposed.
8. While a case is pending: A case is considered pending until one of two events occurs: (1) the student admits responsibility or (2) the hearing process is completed. While a case is pending, the student has the right to attend and participate in the class. If the case is pending at the end of the semester, the instructor must assign and Incomplete grade and then submit a change of grade once the process is complete.
9. Instructor unavailable to assign grade: Circumstances may arise which may prevent an instructor from assigning a grade in a timely manner. In such instances, the academic unit chair/director will make reasonable efforts to contact and ask the instructor to supply a grade. If these efforts are unsuccessful, the instructor’s academic unit chair/director will appoint another qualified faculty member to assign the grade.

Selection, Training, and Organization of Academic Integrity Committee (AIC)

An Academic Integrity Committee (AIC) will be drawn from a panel of faculty and students who are trained by the Office of Student Conduct (OSC). For each instance of an academic dishonesty charge which requires AIC review (see above), a five-member AIC composed of three faculty members and two students will be selected to hear the charge of academic dishonesty and to determine whether the charge has merit. Procedures for selection of a five-member AIC and, when required, AIC replacements from the AIC panel will be constructed and administered by the Professional Concerns Committee (PCC).

Each academic unit will elect one tenured or tenure-track faculty member to serve on the AIC panel. Student AIC panel members must be recommended by faculty, and each academic unit is asked to recommend one undergraduate and one graduate student to the AIC. Students recommended to the AIC panel will be screened by the OSC to ensure that no AIC student member has incurred a previous academic dishonesty sanction and that each AIC student member has a satisfactory disciplinary record.

Faculty members will serve three-year terms. Students will serve one-year terms with reappointment possible for up to a total of three years. It will be necessary to include on the panel those who can serve in the spring and summer.

For a charge against an undergraduate student, at least one student member of the AIC shall be an undergraduate. For a charge against a graduate student, at least on student member shall be a graduate student. Each AIC will elect a faculty member to chair the committee. Whenever possible, hearings should be conducted with a full panel; however, should extenuating circumstances arise, a hearing may be conducted with four members.

Course Grade and Program Dismissal Appeals

Course Grade Appeals

This section applies when a student wants to appeal a final course grade that has been recorded by the Registrar on the student’s academic record. Appeal panels are assembled from the faculty under the authority of and by the Provost and Vice President for Academic Affairs or designate. Throughout this process, the Office of the Ombudsmans is available to students and instructors for assistance on procedures and clarification of the rights of all parties.

The accepted bases of course grade appeal are:

1. Grades were calculated or the program dismissal decision was made in a manner inconsistent with the University policy, the syllabus, or changes to the syllabus.
2. The grade(s) was/were erroneously calculated.
3. Grading/performance standards were arbitrarily or unequally applied.
4. The instructor failed to assign or remove an Incomplete or to initiate a grade change as agreed upon with the student.
5. Late withdrawal from class(es), after grades have been assigned, due to genuine hardship. (Students appealing on this basis should proceed by contacting the Registrar’s Office and following the procedures for a late withdrawal appeal. A grade appeal cannot be made in response to a grade penalty assessed as a result of an official finding of responsibility for academic integrity violation(s). Such a finding will have been made through the procedures provided in the academic integrity policy.

The steps to be taken in appealing a grade are:

1. Informal meeting with instructor: A student is encouraged to begin the appeal process by meeting with the instructor who assigned the grade. Such meetings often help students understand the grading practices of instructors and often lead to resolution of differences over grades.
2. Written appeal and conference with the academic unit chair/director: A grade appeal must be in writing, in hard copy, and must be submitted to the academic unit chair/director. This appeal must be received by the academic unit chair/director within sixty business days of the last day of the semester or session in which the grade was recorded on a student’s record. The Provost or designate may grant an extension should a genuine hardship arise (i.e., illness, death in the immediate family). The letter must identify the basis of the appeal and must state in detail why the student believes the grade should be changed. Following a conference with the student, the chair/director must respond in writing to the student with a copy to the instructor, their dean, and the Grade and Program Dismissal Appeals Committee (GAPDAC) within twenty business days. In this letter, the chair/director should confirm the meeting with the student, recap their discussion, and state whether the student has an appeal which meets the established criteria (A, B, C, or D above). If the situation appears to meet the criteria for appeal, the chair/0unit director may recommend that the instructor reevaluate the student’s work. The chair/director cannot change the student’s grade without the instructor’s agreement. Note: Grade appeals or other complaints based on charges of discrimination or sexual harassment should be taken to the Office of Institutional Equity or other office, pursuant to other University policies and procedures.
3. Appeal to committee: After the chair has completed the response to the student’s appeal, the student may appeal to GAPDAC. This appeal must be initiated within twenty business days completion of step 2. If the student has requested a meeting with the academic unit chair/director and has not been granted such a meeting within forty business days of the student’s request, the student may then initiate an appeal to GAPDAC.
   
   The student will initiate an appeal through the Office of the Ombudsmans. When the appeal is received, the Provost or designate will schedule a meeting of GAPDAC using procedures determined by the Professional Concerns Committee (PCC) of the Faculty Senate. The GAPDAC will consist of three members drawn from a pool of faculty established for this purpose. In a grade appeal, both the student(s) and the instructor should provide a written statement describing the situation under consideration. An appearance to provide additional information at the appeal by either the instructor or student(s) may be requested by the appeals committee. A GAPDAC can effectuate a grade change by majority vote. The decision of the hearing panel is final and not subject to appeal.
4. Instructor unavailable to assign grade: Circumstances may arise which may prevent an instructor from assigning a grade in a timely manner. In such instances, the academic unit chair/director will make reasonable efforts to contact and ask the instructor to supply a grade. If these efforts are unsuccessful, the instructor’s academic chair/director will appoint another qualified faculty member to assign the grade.

Program Dismissal Appeals

This section applies when a student wants to appeal a decision to dismiss the student from an academic program for reasons other than charges of violations of academic integrity policies. Appeal panels are assembled under the authority of and by the designate of the Provost and Vice President for Academic Affairs. Throughout this process, the Office of the Ombudsmans is available to students and instructors for assistance on procedures and clarifications of the rights of all parties.

The accepted bases of program dismissal appeal are:

1. The program dismissal decision was made in a manner inconsistent with University policy or the program policy.
2. The program dismissal procedures were not followed.
3. Evaluation/performance standards were arbitrarily or unequally applied.

A program dismissal appeal cannot be made in response to an academic integrity or conduct dismissal from the University. The student’s status, as dismissed from the program, will remain unaltered until a successful appeal is completed.

NOTE: A program dismissal appeal based on charges of discrimination or sexual harassment should be taken to the Office of Institutional Equity or other office, pursuant to the other University policies and procedures.

The steps to be taken in appealing a program dismissal are:

1. Appeal to committee: The student may appeal to a Grade and Program Dismissal Appeals Committee (GAPDAC). This appeal must be initiated within twenty business days of the notification of program dismissal. The student will initiate an appeal through the Office of the Ombudsmans. When the appeal is received, the Provost or designate will schedule a meeting of a GAPDAC using procedures determined by the Professional Concerns Committee of the Faculty Senate. The GAPDAC will consist of three members drawn from a pool of faculty established for this purpose. In a program dismissal, the student appellant should attend the meeting of the appeal panel and must provide a written statement describing the grounds for appeal. A University representative from the program must attend the meeting and must provide a written statement describing the grounds for and circumstances of dismissal.

A GAPDAC may reverse or sustain a program dismissal by majority vote. The decision of the hearing panel is final and not subject to appeal.

Selection, Training, and Organization of Grade and Program Dismissal Appeal Committee

A Grade and Program Dismissal Appeal Committee (GAPDAC) will be drawn from a pool of faculty who are trained under procedures determined by the Professional Concerns Committee (PCC) of the Faculty Senate. For each appeal that requires review, a GAPDAC panel will be selected to hear the appeal and to decide the matter.

Each academic college shall provide a cohort of tenured or tenure-track faculty members to serve on the GAPDAC pool in proportion to its respective student credit hour production. Faculty members will serve three-year terms. It will be necessary to include in the pool those who can serve during summer sessions.

Each GAPDAC shall be composed of three faculty members, at least one of whom is from the college where the course or program in question resides. Each GAPDAC will elect a faculty member to chair the committee, and each GAPDAC must have all three members present to have a quorum. Procedures for selection of a GAPDAC will be constructed and administered by the PCC.

Faculty Oversight of Grade and Program Dismissal Appeals Committee

The Family Educational Rights and Privacy Act

The Office of the Registrar is the institution’s official custodian of educational records. This office also holds the final responsibility in the enforcement of the Federal Educational Rights and Privacy Act of 1974 (FERPA). Maintaining confidentiality of educational records is the responsibility of all users whether the individuals are faculty, staff, or students. The Family Educational Rights and Privacy Act affords students certain rights with respect to their educational records. They are:

1. The right to inspect and review the student’s educational records within 45 days of the date the University receives a request for access.
Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

An educational record is a record which is maintained by the institution directly related to a student, and from which a student can be identified. Educational records do not include the records of instructional, administrative, and educational personnel, which are in the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute, records of the law enforcement unit, student health records, employment records, or alumni records.

Students may not inspect and review the following as outlined by the Act:

• Financial information submitted by their parents.
• Confidential letters and recommendations associated with admissions, employment, or job placement.
• Honors information to which they have waived their rights of inspection and review.

Educational records containing information about more than one student, in which case the institution will permit access only to that part of the record which pertains to the inquiring student.

2. The right to request the amendment of the student’s educational records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

Students may ask the University to amend a record they believe is inaccurate or misleading. They should write the University official responsible for the records, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosures without consent.

One exception, which permits disclosure without consent, is disclosure to University officials with legitimate educational interests and/or needs to review an educational record in order to fulfill his or her professional responsibility. A University official for the purpose of this policy is defined as follows:

• Members of the faculty
• Members of the professional, executive and administrative staff, excluding any member of the WMU Police Department
• Students, when properly appointed as members of a hearing panel or screening committee
• Representatives of the State Auditor General when performing their legal function
• A person or company with whom the University has contracted (e.g., attorney, auditor, or collection agency) but limited to only the specific student information needed to fulfill their contract
• Others as designated in writing by the President, Vice President, of Dean
• Persons in compliance with a court order
• Accrediting agencies performing an accreditation function

The University, upon request, may disclose educational records to officials of another school in which a student seeks to enroll, with a student’s consent.

Another exception that permits disclosure without consent is when the information consists solely of “Directory Information.” Directory Information may be published or released by University faculty and staff at their discretion. Unless a student specifically directs otherwise, as explained more fully in paragraph four (4) below, WMU designates all of the following categories of information about its students as “Directory Information.”

Name
Address
Telephone number
E-mail (Effective July 1, 2007)
Date and place of birth
Curriculum and major field of study
Dates of attendance
Enrollment status (full/part-time)
Degrees/awards received
Most recent previous educational agency or institution attended by the student
Participation in officially recognized activities and sports
Weight and height of athletes

4. A student has the right to refuse the designation of all categories of personally identifiable information listed above as Directory Information. If a student exercises this right, it will mean that no Directory Information pertaining to the student will be published or otherwise released to third parties without consent, a court order or a subpoena.

Any student wishing to exercise the right of withholding all categories of personally identifiable information must inform the Registrar’s Office in writing by not later than the fifth day of the semester/session. A student’s notification to withhold information will remain in effect until the student requests in writing that the prior withholding be revoked.

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by WMU to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is Family Policy Compliance Office, U.S. Department of Education, 600 Independence Avenue SW, Washington, D.C. 20202-4605.

Western Michigan University Policy on Sexual Harassment

Western Michigan University is committed to an environment which encourages fair, humane, and beneficial treatment of all faculty, staff, and students. In accordance with that fundamental objective, the University has a continuing commitment to assure equal opportunity and to prohibit discrimination or harassment which violates the law or which constitutes inappropriate or unprofessional limitation of employment opportunity, University facility access, or participation in University activities, on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age, protected disability, veteran status, height, weight, or marital status. Therefore, in that same perspective, neither sexual harassment will be tolerated at Western Michigan University. It is expected that each member of the University community will consider himself/herself responsible for the proper observance of this policy.

Definitions

Sexual Harassment:
Sexual harassment is defined as unwelcome sexual conduct which is related to any condition of employment or evaluation of student performance. This definition is intended to include more than overt advances toward actual sexual relations. It applies as well to repeated or unwarranted sex-related statements, unwelcome touching, sexually explicit comments, and/or graphics. All persons should be sensitive to situations that may affect or cause the recipient discomfort or humiliation or may display a condescending sex-based attitude towards a person. Sexual harassment is illegal under both state and federal law. In some cases, it may be subject also to prosecution under the criminal sexual conduct act. Conduct will be defined as sexual harassment when any or all three of the following conditions exist:

1. The sex-related situations are unwelcome by the recipient.*
2. A specific or implied connection with employment or student status is involved.
3. The sexual harassment continues after the recipient has made it clear that the conduct is unwelcome.*

* Note: In some cases of overt physical sexual conduct, a blatant threat if sexual favors are not given, or promised reward in exchange for sexual favors, no notice that the conduct is unwelcome shall be necessary and a finding of sexual harassment may be based on a single occurrence.

Complaint Procedure

Sexual harassment constitutes acts of misconduct. Therefore, whenever such acts are reported and confirmed, prompt, disciplinary action will be taken, up to and including discharge. However, to enable the University to act through these formal procedures, employees and students are encouraged to report such incidents. Employees and students should report such conduct to the Office of Institutional Equity (formerly the Department of Affirmative Action).

The Office of Institutional Equity shall establish appropriate procedures to implement this policy. The Office of Institutional Equity shall also investigate thoroughly any complaints of alleged sexual harassment, and then report the results of such investigations to the President of the University.

If you hesitate to file a sexual harassment complaint for fear of retaliation, you need to know that:

Federal and state law, as well as University policies, protect any person who has filed a complaint of sexual harassment or sexism from being intimidated, threatened, coerced, discriminated against or any other form of retaliation.

Likewise, protection is afforded any person who testifies, assists or participates, in any manner, in an investigation resulting from a sexual harassment complaint.

Therefore, any individual so harassed, intimidated, or otherwise retaliated against may file a complaint alleging harassment, intimidation, or retaliation. Such complaint should be filed with the Office of Institutional Equity, 1220 Trimpe Bldg. (387-6316).

President’s Statement on Diversity, Multiculturalism, and Inclusion

Great universities, including Western Michigan University, strive for an inclusive environment in which the student body, faculty, and staff reflect society at large. Western Michigan University has a long history and well-deserved reputation of being committed to diversity and multiculturalism. The university’s programs, faculty, staff, and students reflect that commitment. Our welcoming environment is one to honor, preserve, and nurture.

Western Michigan University’s development of a Diversity and Multicultural Action Plan (DMAP), adopted by the Board of Trustees in 2006, is a significant step in reinforcing our dedication to inclusion. It is a “living document” we will update and revise, based on input from the University community, those responsible for implementing it, and applicable law.

As the DMAP states, diversity at WMU “encompasses inclusion, acceptance, respect, and empowerment” and “includes the dimensions of race, ethnicity, and national and regional origins; sex, gender identity, and sexual orientation; socioeconomic status, age, physical attributes, and abilities; as well as religious, political, cultural, and intellectual ideologies and practices.” The DMAP also points out that “multiculturalism at WMU is a belief that speaks to the issues of human diversity, cultural pluralism, and human rights for all people” and that it “goes beyond the recognition of diversity.”

WMU’s pledge toward inclusiveness is likewise reflected in the non-discrimination policy adopted by the Board of Trustees, which prohibits discrimination or harassment which violates the law or which constitutes inappropriate or unprofessional limitation of employment opportunity, University facility access, or participation in University activities, on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age, protected disability, veteran status, height, weight, or marital status.

In 2006, Michigan voters amended the state constitution to prohibit certain forms of discrimination or preferential treatment on the basis of race, sex, color, ethnicity, or national origin. Of course the University will comply with these new requirements, while continuing to maintain and support an environment that is welcoming to all.

The University promotes a diversity of ideas and intellectual inquiry, always with a steadfast dedication to discussions that are civil, courteous, and respectful. As an international university, WMU recruits students, faculty, and staff from throughout the world, ensuring that the entire University community is a better place as a result of its abundance of cultures and viewpoints.

To preserve and enhance its commitment to diversity and multiculturalism, the University must continue to recruit and retain faculty, staff, and students who understand and appreciate the importance of inclusion. The university must also foster and support programs and projects that help the entire University community appreciate and value the benefits that come from being part of a campus where all are welcomed.

The University’s prosperity and future successes will be measured, in part, by the degree to which it is inclusive and respectful of those it serves. I ask you to join me in taking a personal interest to do what we can so that all within the University community know that they are welcomed and supported. Together we will do so with conviction and by taking action that is consistent with the values of a great university—one that honors and respects the customs, cultures, and opinions found on a diverse and multicultural campus that is rich in the composition of its people and ideas.

In order to sustain our long history of diversity efforts and improve the inclusive nature of our campus community, I have asked Dr. Martha Warfield to assume these responsibilities as Director of the Office of Diversity. This office will be responsible for numerous duties including but not limited to:

1. implementation of the Diversity and Multiculturalism Action Plan (DMAP);
2. management of the University affairs for the Kalamazoo Promise;
3. presentation of the 2010 exhibit, “RACE: Are We So Different?”;
4. planning of the annual Martin Luther King Jr. Convocation;
5. support for community development activities relating to recruitment of students of all levels and descriptions; and
6. other projects as directed by the president.

Dr. Warfield will report to the president for these purposes. Her overview of the Department of Multicultural Affairs (DMA) and Disabled Student Resources and Services (DSRS) within the Division of Student Affairs will continue. I ask that all members of the University community give Dr. Warfield their cooperation and assistance.

Discrimination: Complaints and Grievance Procedure

Western Michigan University, in accordance with the law, prohibits discrimination in the provision of all student instruction, activities, and programs. Discrimination based on race, color, religion, national origin, sex, sexual orientation, age, disability, height, weight, veteran status, family status, or marital status shall not be tolerated in the determination of eligibility, participation, or grading for any courses or program established for the benefit of students unless otherwise provided by law.

Students who have inquiries about the University’s Anti-Discrimination Policy or about anti-discrimination laws, including Title IX and the Rehabilitation Act of 1973, or who have complaints of prohibited discrimination, may file their inquiries and complaints with the Office of Institutional Equity, 1220 Adrian Trimpe Building, 387-6316.

The Office of Institutional Equity will receive and investigate complaints of prohibited discrimination filed with the Office by students and may assist the students in resolving their concerns. The complaint, an oral allegation or charge against the University, an employee(s), or agent, stating prohibited discrimination has occurred, must be filed with the Office of Institutional Equity within 180 days of the alleged prohibited discrimination and/or harassment.

Western Michigan University Student Code

Western Michigan University is a student-centered research university, building intellectual inquiry, investigation, and discovery into all undergraduate, graduate, and professional programs. The university provides leadership in teaching, research, learning, and public service. Nationally recognized and internationally engaged, the University:

Forges a responsive and ethical academic community
Develops foundations for achievement in pluralistic societies
Incorporates participation from diverse individuals in decision-making
Contributes to technological and economic development
Engenders an awareness and appreciation of the arts

The Student Code and the Office of Student Conduct are tangible examples that illustrate commitment to these ideals. The Student Code describes the boundaries of acceptable student behavior and is approved by the Board of Trustees. The Office of Student Conduct interprets and enforces the Student Code.

A student who chooses to enroll at Western Michigan University assumes the obligation for conduct that is compatible with the University’s mission as an educational institution. While students have the privilege to enroll at the institution of their choice, choosing to enroll at Western Michigan University requires a student to become aware of, and to abide by the behavior standards of the University. Ignorance of acceptable boundaries of student behavior as contained in the Student Code is not a basis for excusing inappropriate behavior.

The University conduct process is not analogous to, is not equivalent to, and does not conform to, criminal law processes. This process is designed, in part, to determine responsibility, or lack thereof, for violations of the Student Code only—not guilt or innocence relative to criminal matters. The University conduct process shall be informal in nature so as to provide substantial justice and it shall not be bound by the same proceedings, definitions, or rules which apply in the courts of law.

The conduct of students in the educational community is a part of the teaching process and as such, its focus shall be educational. This includes the possible use of suspension or expulsion as disciplinary measures as they may prove invaluable tools in the education of the University community. The student conduct system is not only concerned with the individual student’s welfare, but also the welfare of the University community. Any question about the processes, rules, or policies, or any other concern not specifically covered by the Student Code shall be decided solely by the Dean/Associate Dean of Students/ or designee. Additionally, the Student Code provisions may be extended or amended to apply to new and unanticipated situations which may arise.

Enrollment in the University does not insulate students from their obligation to behave in a manner consistent with local, state, and federal law. Violation of local, state, and federal law while on University premises may also constitute a violation of the Student Code. Some of the policies referred to in the Student Code may also constitute violations of local, state, or federal law and carry the possibility of criminal prosecution or civil legal action.

While the University does not desire to act as a policing authority for the activities of the student off of University premises, the University may take appropriate action in situations involving misconduct demonstrating flagrant disregard for any person or persons, and/or when a student’s or student organization’s behavior is judged to threaten the health, safety, and/or property of any individual or group even when the misconduct occurs off University premises.

While any violation of the Student Code is considered a serious matter, certain violations are considered to be especially egregious. These violations include acts of academic misconduct, any act that disrupts the functions of the University, and any act that threatens the health or safety of any member of the University community or any other person. Students involved in these activities are considered a threat to the orderly functioning of the University, and their behavior is considered detrimental to the educational mission.