--that fails to set forth a particular ground upon which summary dismissal may be sought waives his right to a summary dismissal on that around.
The University Council Committee on Organization and Administration of the University is in the process of developing proposals for the restructuring of the University's judicial system. The proposals printed below are now being considered by the committee. The committee will hold an open hearing on Thursday, Dec. 18, from 3:30 to 5:30 p.m., in 108 Blake Hall for the purposes of receiving testimony and opinions on these proposals and/or for receiving alternative suggestions.-Marston McCluggage, Chairman.
ARTICLE Z. UNIVERSITY JUDICIARY: STRUCTURE AND FUNCTIONS
Section 1. Divisions. The University Judiciary shall consist of two divisions: a hearing division and on appellate division.
Section 2. Membership. The hearing division of the University Judiciary shall consist of a panel of twenty-six student members of the University community, twenty-six non-student members of the University community and two additional members of the Faculty of the School of Law. The appellate division of the University Judiciary shall consist of one member of the Faculty of the School of Law appointed by the Dean of that School, a member of the Faculty of the School of Law appointed by the Chief Justice of the Court, a member of the Faculty of the School of Article III Section 6, and the Chief Justice of the Student Court. No person shall serve at the same time on both the hearing division and the appellate division.
Section 3. Selection, Qualifications, Terms of Service and Vacancies. The student members of the hearing division of the University Judicary shall be chosen each May by the Student Senate; the non-student members of the hearing division of the University Judicary shall be chosen each May by the Faculty Council. Each selecting body shall call for applications and hearings on qualified candidates. Whole of the entire group should constitute an adequate cross-section of the University community, no more than four in this Article.
No. member of the Faculty Council or the Student Senate shall be eligible for service on the University Judiciary.
Each member of the hearing division of the University Judiciary shall serve a term of one year. Members may be reappointed one-year terms, but no member will be a member of the Faculty Law shall serve on any two or three periods.
The faculty members of the appellate division of the University Judiciary shall be chosen each May and shall serve terms of one year, being eligible for reappointment to successive one-year terms. The term of the Chief Justice of the Student Court on the appellate division of the University Judiciary shall be co-terminous with his tenure as Chief Justice.
Persons to fill vacancies occurring on either division shall be selected in the same fashion as the member whose place is being filled was originally selected.
Section 4. Meetings and Quorum. The entire membership of the hearing division shall meet in May of each year to choose a Chairman. The Chairman will discuss the meeting and the entire membership shall meet at other times, when called by the Chairman. The Chairman must issue such a call when presented with a written statement signed by twenty per cent of the members. A majority of the members shall constitute a quorum for the meeting.
A formal hearing board shall consist of eight members of the hearing division selected in accordance with established procedures, one of whom should be a member of the Chairman or the Vice Chairman and another of the Office of the Chairman on the Vice Chairman shall be eligible to serve on a formal hearing board. An informal hearing board shall co-issue of three members of the hearing division chosen in accordance with established procedures. No members of the hearing division may be served by the Office of the Chairman except cases where Matters to be disposed of without hearing shall be heard by the Chairman, the Vice Chairman, and a third member of the hearing division chosen in accordance with established procedures. Appeals shall be heard by the full membership of the appellate division. In the event that one or more members of the hearing division are unable to sit, a temporary appointment shall be made from the Law faculty or the Student Court.
Section 5. Organization. The hearing division of the University Judiciary shall choose from its fifty-two members who are not members of the faculty of the School of Law, a chairman and a Vice Chairman, one of whom shall be a student and one of whom shall be a non-student. The Chairman shall be the chief administrative officer of the hearing division and shall perform the tasks in accordance with the Chairman's schedule. The Chairman shall serve in the absence of the Chairman from the campus or in the event that the Chairman is for some other reason unable to perform his administrative duties in a given instance.
The appellate division shall choose one of its members to serve as Chairman. The Chairman shall be the admissive representative and shall perform the tasks herein assigned to him and such sub-users may be appropriate.
Section 6. Powers. The hearing division of the University Judiciary shall have original jurisdiction over any charge or claim brought by one member of the University community against another member of the University community, except cases involving alleged violations of the University traffic regulations. Except in cases in which there is involved an alleged infraction of a previously published, valid University regulation, the jurisdiction of the Judiciary shall be limited to the granting, valid University regulation of disciplinary action preceding before, or any disciplinary action taken by, any other University tribunal, body, party. If any tribunal exists having jurisdiction over such claim or charge, the processes of that tribunal must first be exhausted before the jurisdiction of the University Judiciary can be invoked.
The appellate division of the University Judiciary shall have appellate jurisdiction to review all proceedings conducted by the hearing division. This review shall be limited to the consideration of the petition or request, which may be presented in writing (a) acted within the power granted to it and in accordance with applicable University regulations, and (c) made specific findings and reached a decision having adequate support in the record of its hearing.
Section 7 Procedural Guarantees. All parties to proceedings before the University Judiciary are the protection of due process as used herein the term "due process of law" shall include
(b) A party against whom a claim or charge is brought shall have the right to a written statement of the claim or charge against him, which statement shall set forth with particularity the facts upon which the charge is based and shall indicate the provision or provisions of the University rules and regulations alleged to have been violated.
(a) Each party to a proceeding shall have the right to full representation by counsel or an advisor of his choice.
(c) A party against whom a claim or charge is brought shall have the privilege of remaining silent in the case, and he shall be informed of this privilege during the initial stage of the proceedings.
(d) Each party to a proceeding shall be entitled to a full examination at the evidence presented by the other parties, including the opportunity to cross-examine witnesses. No evidence shall be received at a hearing by a hearing board that has not been subjected to such an examination, and the board shall decide the case solely on the evidence received at the hearing.
(e) Each party to a proceeding shall be entitled to prompt, written notice of the decision of the hearing board assigned to his case and, in the event of an appeal, of the appellate division.
(f) A party aggrieved by a decision of a hearing board may obtain appellate review thereof by the appellate division.
UNIVERSITY REGULATIONS: UNIVERSITY JUDICIARY
Section 1. Office. The University Judiciary shall establish, in a convenient location, a central office, which shall be open regular hours for the purposes of receiving and processing claims and charges, of receiving after matter filed in proceedings pending before it, and of conducting such other administrative business as may be necessary.
Section 2. Selection of Boards—In General. (a) Formal Hearing. (i) Presiding Officer. A non-voting presiding officer shall be chosen from among those members of the University Judiciary who have not as yet served as presiding officer by lot from those members who have not as yet served as presiding officer. When all such members have served as presiding officer of a formal hearing board, all members shall once again be eligible for selection; Provided, that if it becomes necessary as a result of the disqualification of one or more such members, all members selected to serve as non-voting presiding officer even though such members have not yet served.
(ii) Other Members. A board of seven other members shall be chosen by lot from among those student and non-student members of the University Judiciary who are not members of the Faculty at the School of Law and who have not yet served on either a formal or an informal hearing board, all such members shall once again be eligible for selection; Provided, that a member may be selected to serve even though other members have not yet served, in the following cases (1) when members originally appointed for this role were deemed otherwise; and (2) when it is necessary to comply with the rules regarding composition of the board.
(iii) Composition. Each formal hearing board shall include a minimum of two students and two non-students, other than the presiding officer.
(b) Informal Hearing. (i) Selection. A board of three members of the University Judiciary who are not members of a formal hearing chair should choose who have served on either a formal or an informal hearing board. When all such members have served on either a formal or an informal hearing board, all members shall once again be eligible to provide a case. (ii) The court may not yet served in following cases (1) when members originally chosen are excused as a result of a challenge by one of the parties or otherwise; and (2) when it is necessary to comply with a request from the Court. (iii) If you ask a member of the University Judiciary who is a member of the School of Law to serve as advisor
(ii) Composition. At least one member of each informal hearing board shall be a student and one member shall be a non-student
(c) Matters Determined Without Hearing. The Chairman and Vice Chairman shall chose a member of the University Judiciary to serve with them.
Section 3. Selection of Boards—Challenges. Parties to any formal or informal hearing before the University Judiciary shall be entitled to challenge any member of the board hearing the action. Challenges shall be of two types: challenges for cause and peremptory challenges. Anything which is not a peremptory challenge will be considered a challenge. The member challenged to try the matter fairly and impartially shall constitute cause for exercising that member. Challenges for cause shall not be limited; the Judiciary shall establish limits for preempty challenges. Challenges to the following persons shall be heard by the Chairman: (1) Members of an informal hearing board. (2) The non-voting presiding officer of a formal hearing board. Challenges to the following persons shall be heard by the presiding presiding officer. The Judiciary shall establish rules regarding the time for bringing challenges.
Section 4. Evidence of Representative's Authority. Any person who attempts to act for a party to any proceeding before the University Judiciary must provide the Judiciary with satisfactory written evidence of his authority to act in that capacity. Such evidence must be presented prior to his acting in any way in a representative capacity.
Section 5. Initiation of Proceedings. Any member of the University community wishing to bring a claim or charge against any other member shall file, in person or by representative, in the office of the University Judiciary a written statement of his claim or charge in such form and in such detail as he believes to be true, on behalf of him, against him. In particular the statement shall include, but not be limited to, the name and address of the party bringing the charge, the specific provision or provisions of the University regulations alleged to have been violated, and a particularized statement of the facts upon which the claim or charge is being brought. In the judgment of the office of the Judiciary; the statement so filed is clearly inadequate to provide a charged party, the office shall not accept the statement but shall return it to the party filing it.
The party making the charge shall also file a statement as to what, if any, disposition has been made of the matter by any other University tribunal having jurisdiction over the matter. If the defendant has accepted that process and the appropriate judicial discretion over the matter has been exhausted, the matter be referred to tribunal which, in the judgment of the University Judiciary, has jurisdiction over the matter. In the case of a claim or charge brought against a student for which no other appropriate tribunal exists, the claim or charge may be the office of the appropriate personnel dean if the processes of that office have not been exhausted.
If the matter is ripe for handling by the University Judiciary, the office shall open a case file, docket the claim or charge, and forward to the charged party a copy of the statement filed by the party making the charge, together with the following documents: (a) a copy of the Judicial Article of the Senate Code; (b) a copy of these regulations; (c) a copy of any rules adopted by the University Judiciary; (d) a covering letter informing the charged party of his rights (including his due process); (e) a record of all charges against the defendant, his right to remain silent; (f) the sanctions that may be imposed upon him, and of the steps he must take and the time within which he must take them. There shall be no disclosure of the contents of any claim or charge filed or the name of any person charged.
Section 6. Responses by the Charged Party—In General. The charged party shall, within the time allowed by Section 6. In General, respond to the claim or charge filed against him, a copy of which shall then be mailed to the party making the charge. The charged party may respond either by sending a copy of the response to the claim or charge on the merits in the manner prescribed by Section 8 of these Regulations.
Section 7. Responses by the Charged Party—Motions. (a) Grounds.—The charged party may move for summary dismissal of the claim or charge on any one or more of the following grounds:
(i) That the University Judiciary lacks jurisdiction over the case for the reason that the processes of another tribunal have not been exhausted or for any other reason;
(ii) That the statement of the party making the charge is insufficient to give the charged party notice of the claim or charge against him;
(iii) That the statement of the party making the charge fails to set forth a claim or charge for which the regulations of the University afford judicial relief;
(iv) Any other ground which might properly be the basis of a summary dismissal.
(b) By Whom Heard.—All motions for summary dismissal shall be heard by the Chairman or his designate.
(c) **Weilver.**—If the charged party wishes to move for summary dismissal of the claim or charge, the court will order the group to move with the charged party's response on the merits. The charged party who files any motion or response is deemed liable.
(d) Disposition —A motion for summary dismissal may be granted or denied, either unconditionally or such conditions as are in the judgment of the Chairman or his designate fair and appropriate.
Section 8. Responses by the Charged Party—Responses on the Merits. (a) When Filed. —The chapter shall be filed upon the merits, that if the charged party has filed a motion for summary dismissal the period within which the response on the merits must be filled shall begin to run when the disposition by the University of Michigan's charged party's motion has been made and then only if the disposition by the University of Michigan's charged party's motion has been made.
(b) **Form.**—The charged party's response on the merits shall be in the form of either a waiver of hearing or the election of a formal or informal hearing. If the charged party waives hearing, the Judiciary will proceed as if the charges made in the statement filed by the party making the charge have been admitted, but such waiver shall not be deemed an admission of the charge or claim other purpose or in any other University proceeding. If the charged party elects either a formal or informal hearing the Judiciary shall proceed as if a general denial to the charges has been filled.
Section 9. Public or Private Proceedings. Simultaneously with the filing of his response on the merits, the charged party may also file an election as to whether subsequent proceedings in the matter shall be conducted privately or publicly. In the absence of a timely election to have public proceedings, such proceedings shall be private. An election once made is binding on the charged party and cannot be reversed. The charged party's election of public proceedings shall not impair the power of the hearing board to close the proceedings if it becomes necessary to do so in order to continue. The names of those parties charged who elect private proceedings shall not be divulged to anyone other than those University officials who need to know to carry out the decision of the Judiciary.
Section 10. Pre-Hearing Discovery. Each party to a proceeding shall have the right to examine, in person or by representative, in advance of the hearing, all documentary and tangible evidence that either party should to or the in the hearing and a right to a list of prospective witnesses for the hearing. Provided that the hearing is on behalf of the other party and manner of the exercise of these rights when necessary to protect witnesses or other evidence.
Section 11. Hearing—In General. While it is not intended that proceedings hereunder should ever be heard in court, the court will normally conduct those that formal hearings will in general be conducted in a manner that more closely approximates that of the court of law than will informal hearings. In general it is expected that more attention will paid to procedural rules, rules of evidence, and similar factors in formal hearings, and these generally will be heard by a judge.
Section 12. Hearing—Time and Place. The hearings, or any proceedings necessary in a matter in which hearing was waived, shall be held at such time and at such place as shall be decided upon by the University Judiciary in consultation with the parties to the proceeding or their representatives. Hearing or such proceedings shall be held as soon as possible following the initiation of proceedings.
Section 13. Hearing—Selection of Board. If the charged party has elected a formal cr an informal hearing, the first order of business shall be the selection of the hearing board. The Chairman or his designate board shall first be chosen and then the formal board shall be chosen the non-voting presiding officer shall first be selected, and he shall thereafter preside over the selection of the other members. If an informal hearing board is to be chosen, the Chairman or his designate shall preside over the entire selection process. The first challenge shall be heard in accordance with Section 3 of these regulations. Challenges shall be heard in accordance with Section 3 of these regulations.
No member of the University Judiciary who has previously participated in a case may sit on the jury board assigned to that case. Such members may be excused by the Chairman or presiding judge.
Section 14.7 Hearing—Consolidation. Cases involving two of more charged parties arising out of the same set of acts or occurrences may be consolidated for purposes of either a formal or an informal hearing. However, such consolidation shall not be ordered if it would unduly prejudice one or more charged parties.
Section 15. Hearing—Procurement of Witnesses and Other Evidence. Each party to a proceeding shall have the responsibility of procuring the attendance at the hearing of any witnesses he intends to present and insuring the presence at the hearing of any documentary or tangible evidence he intends to offer.
Section 16. Hearing—Evidentory Matters. (a) The party making the charge shall have the burden of persuading the hearing board as to the facts upon which his claim or charge is based.
(b) At a formal hearing the presiding officer shall have the authority to make final rulings on questions of a legal nature, including questions involving the meanings or application of substantive or procedural regulations and questions regarding the admissibility of evidence. At an informal hearing such questions shall be decided by a majority vote of the board.
(c) A hearing board may be majority vote taken before the beginning of the proceedings limit the amount of evidence to be received on any given point, including limiting the parties to a reasonable number of witnesses on the issue of a party's character. Where the charged party has waived any evidence hearing on the question of what sanction, if any, should be imposed shall be received.
(d) All proof shall be presented by the parties or their representatives. No one not a party or on a contract of capacity of a witness called by a party, unless the board grants such person permission to address it.
Section 17. Record. A permanent and confidential record of all proceedings shall be made in an appropriate manner, which may include the taking of a stenographic transcript or the making of a recording, and such record shall be kept in the office of the University Judiciary for a period of one year and then destroyed.
Section 18. Opinions. The hearing boards and the appellate division shall embody all final decisions by them in written opinions, which shall set forth the reasons for the decision. A copy of the opinion will be sent to each party proceeding, together with a copy of each contesting and dissenting opinion. The opinion shall also be publicized but the identities of the parties shall not be revealed in the publicized opinions.
Section 19. Default. Any failure to file required documents or any failure to comply with these regulations, rules or orders, or any failure to appear for a hearing (in person or by representative) shall constitute a default. The University Judiciary may impose appropriate sanctions in the case that the decision is by the charged party the Judiciary may not render a summary decision against the charged party.
Section 20. Power of Judiciary to Protect the Integrity of its Proceedings. The University Judiciary has the power to take whatever steps seem necessary and proper to protect the integrity of its proceedings.
Section 21. Rule-Making Power. The University Judiciary shall have power to adopt rules of procedure subject to the restrictions in these regulations and in the Senate Code. Wherever these regulations refer to the university law, these words shall be construed as meaning either the rule or that the rule of the Judiciary has the power to take the action in question by these regulations or by rules adopted by the University Judiciary.