Short of the Code: CMU deals with convicted sex offenders


There are 37 sex offenders that live within one mile of the Bovee University Center.

Students Advocating for Gender Equality protested this week urging the university to expel students convicted of sexual assault under the Code of Student Rights, Responsibilities and Disciplinary Procedures. The university deals with those who have been convicted under the law in an entirely different way.

At present, four Central Michigan University students are listed on the Michigan Public Sex Offender Registry, with crimes ranging from third to second degree criminal sexual conduct. Past crimes must be reported during the admissions process when applying to the university.

"For crimes of violence, sexual assault is clearly on that list, a committee of folks will get together and make a decision if that person can be admitted," said Shaun Holtgreive, executive director of Campus Life. "There is a secondary discussion if they can live in on-campus housing or off campus. It's really a case by case determination."

Representatives from Admissions, the Office of Student Affairs and the CMU Police Department are on the committee.

Holtgreive said historically those convicted of violent crimes are not allowed to live in a residence hall. None of the four people on the sex offender registry reside on campus.

CMUPD Chief Bill Yeagley said anytime there is a safety concern about a student, his officers are notified. However, they are not involved in investigations with the code, which is orchestrated by a committee made up of designees.

Designees include Tony Voisin, the vice president of Student Enrollment Services, Andrew Spencer, chair of the Academic Senate, and Chuck Mahone, SGA president.

"Sexual assault includes, but is not limited to, inflicting sexual contact upon another person or sexually penetrating any person without that person's consent," reads The Code of Student Rights, Responsibilities and Disciplinary Procedures article 3.2.7.1 Threat/Endangerment/Assault/Sexual Assault. "Conduct will be considered without consent if no clear consent is given, or when the inflicted person is unconscious or otherwise without the physical or mental capacity to consent."

Students who are convicted under the code of conduct typically are not punished legally unless the survivor presses charges.

The university uses preponderance of evidence to designate violations. This method requires just enough evidence to make it more likely than not that the incident the victim seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to the committee in determining whether the victim carried his or her burden of proof.

There is no standard of punishment for incidents of rape, although Holtgreive said in most cases the suspension lasts until the survivor graduates.

"I do not receive calls on a regular basis that a student has a criminal record," Yeagley said. "When an individual is referred to the Office of Student Conduct or any type of serious case, we are aware of that. If someone comes back to campus, typically we are not informed of that."

CMUPD does monitor sexual offenders on the public registry. Someone who has been convicted of a sexual assault is also required by law to report their new address and check in with the local jurisdiction.

Several Michigan Public Acts, as well as federal laws, require a criminal background check of any individual who regularly provides services to children, the elderly and the sick in clinical or educational settings.

SAGE is not seeking to expel people with past convictions. President Hannah Mollett said while she does not want sex offenders on campus personally, her organization is more focused on removing students who are convicted at CMU.

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About Malachi Barrett

Editor-in-Chief Malachi Barrett is Battle Creek senior majoring in journalism with a minor in ...

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