The Student Conduct Code is a listing of responsibilities for students at Georgia Southwestern State University. The violation of any item in this section represents a serious offense and could lead to severe disciplinary action by the University. The written expectation for student conduct in no way removes or reduces the responsibility of each student's observance of regulations and sanctions established by university officials in such areas as financial responsibility to the University, library, residence halls, parking, etc. All violations of the Student Conduct Code should be reported within 15 business days to appropriate personnel. This time limit does not apply to sexual misconduct violations.
The Georgia Southwestern State University Student Conduct Code shall apply to conduct that occurs on University premises and at University-sponsored activities. The Student Conduct Code shall also apply to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives, or pertains to a specific Student Conduct Code. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between semesters of actual enrollment. The Student Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. Any activity that occurs on Facebook, Myspace, Twitter, or any other social-networking website also falls within the jurisdiction of the Student Conduct Code.
A. ACADEMIC INTEGRITY
- No student shall take or attempt to take, steal, or otherwise procure in an unauthorized manner any material pertaining to the conduct of a class, including, but not limited to tests, examinations, computer software and programs, laboratory equipment, and roll books.
- No student shall sell, give, lend or otherwise furnish to any unauthorized person material which can be shown to contain questions or answers to any examination scheduled to be given at any subsequent date in any course of study offered by the University, unless the student is authorized to do so by the instructor.
- Plagiarism is prohibited. Plagiarism includes, but is not limited to, asking someone to write part or all of an assignment, copying someone else's work (published or unpublished), inadequately documenting research, downloading material from electronic sources without appropriate documentation, or representing others' works or ideas as one’s own.
- Cheating on examinations is prohibited. Cheating on an exam includes, but is not limited to, giving or receiving unauthorized help before, during, or after an in-class or out-of-class exam. Examples of unauthorized help include using unauthorized notes in either hard copy or electronic form, viewing another student's exam, taking pictures of exams with cell phones or other electronic devices, allowing another student to view one's exam, and discussing an exam or sharing information on an exam’s content with other students after the exam has occurred in one section but not in another.
- Unauthorized Collaboration is prohibited. Unauthorized collaboration includes giving or receiving unauthorized help for work that is required to be the effort of a single student, such as the receiving or giving of unauthorized assistance in the preparation of a laboratory or writing assignment, on-line exams, etc.
- Falsification is prohibited. Falsification includes, but is not limited to the fabrication of citations or sources, of experimental or survey results, and of computer or other data.
- A student may not submit substantial portions of the same work for credit more than once without the explicit consent of the faculty to whom the work is submitted for additional credit. If a work product is to be substantially revised or updated, the student must contact the faculty member in advance to discuss necessary revisions. In cases where multiple submissions are approved, faculty members will require copies of the original documents for comparison.
- All standards of academic conduct also pertain to all online or internet correspondence and interactions with the faculty and other students.
B. ALCOHOLIC BEVERAGES POLICY
- Alcoholic beverages may only be possessed or consumed on campus by students of the legal drinking age and only in the privacy of the individual’s residence hall room or at an event that has been approved through the Director of Campus Life’s office.
- Possession, use, or consumption of alcohol when under the legal drinking age is not permitted by state law or university policy.
- No student or student group shall furnish or cause to be furnished any alcoholic beverage to any person under the legal drinking age.
- No student or student group shall furnish or cause to be furnished any alcoholic beverage to any person in a state of noticeable intoxication.
- The transportation of all alcoholic beverages on campus shall be in unopened, wrapped or bagged containers.
- Each student is completely liable for all of his or her own actions at all times regardless of his or her mental or physical state, even if altered by alcoholic beverages.
- Driving while intoxicated is a violation of federal and state laws.
- Public drunkenness is prohibited.
- Students who have consumed alcoholic beverages and who are involved in disruptive activities at public functions or in public places must leave the area upon request of a university official. Failure to comply may subject the student to disciplinary action or arrest.
C. DAMAGE TO PROPERTY
Malicious or unwarranted damage or destruction of property belonging to the University; items leased, rented or placed on campus at the request of the institution; or items belonging to students, faculty, staff, or guests is prohibited. Students are obligated to pay for all property damage caused by improper use or carelessness.
D. DISORDERLY ASSEMBLY
- No student or student group shall assemble on campus for the purpose of creating riot, destruction, or disorderly diversion that interferes with the operation of the University. This section should not be construed so as to deny any students the right of peaceful, non disruptive assembly.
- No student or group of students shall obstruct the free movement of other persons about the campus or interfere with the use of University facilities and the normal operation of the University.
- The abuse or unauthorized use of sound amplification equipment indoors or outdoors is prohibited. Any use of sound amplification equipment must be approved by the Director of Campus Life.
E. DISORDERLY CONDUCT
- Disorderly or obscene conduct or breach of the peace on university property, or at any function sponsored or supervised by the University or any recognized university organization, is prohibited.
- Physical assault, sexual assault, and stalking are prohibited.
- Conduct or expressions which harass, demean, degrade, intimidate, or discriminate against an individual or a group of persons at the University are prohibited.
- Conduct on university property, or at functions sponsored or supervised by the University or any recognized university organization, that interferes with the normal operation of the University is prohibited.
- No student shall enter or attempt to enter any dance, social, athletic, or other events sponsored or supervised by the University or any recognized university organization without the credentials for admission (ticket, identification card, invitation, etc) or in violation of any reasonable qualifications established for attendance, by the sponsors.
- Conduct or expressions which are obscene or which are patently offensive to the prevailing standards of an academic community are prohibited.
- No student or student group shall interfere with or fail to cooperate with any properly- identified university faculty, administration, or staff personnel (including student staff members) while these persons are in the performance of their duties.
- No student shall recklessly drive or operate any vehicle on campus.
- Any behavior that disrupts the learning environment in classrooms, residence halls, or any other facility is prohibited. This includes behavior on email, GeorgiaView, Facebook,My Space, Twitter, You Tube, or any academic-related or social internet activity.
- No student shall act in a manner that can reasonably be expected to disturb the academic pursuits or infringe upon the privacy, rights, privileges, health, or safety of other persons.
- Obstruction of the free flow of pedestrian of vehicular traffic on University premises or at a University sponsored function is prohibited.
- Any unauthorized use of electronic devices to make an audio or video recording of any person while on University premises without his/her prior knowledge or without his/her effective consent when such a recording is likely to cause injury or distress is prohibited. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, restroom, residence hall room, or other locations.
F. SEXUAL MISCONDUCT
- Sexual acts which occur, regardless of personal relationship, without the consent of the other person, or that occurs when the other person is unable to give consent, are prohibited.
- Obscene or indecent behavior, which includes, but is not limited to, exposure of one's sexual organs or the display of sexual behavior that would reasonably be offensive to others is prohibited.
- Conduct of a sexual nature that creates an intimidating, hostile, or offensive campus, educational, or working environment for another person is prohibited. This includes unwanted, unwelcome, inappropriate, or irrelevant sexual or gender-based activities, comments, or gestures.
- Any form of sexual harassment, non-consensual sexual contact, non-consensual intercourse, or sexual exploitation is prohibited.
G. STUDENT HOUSING
Students shall abide by all policies and procedures published by the Residence Life Office and the Department of Auxiliary Services.
The possession, use (without valid medical or dental prescription), manufacturing, distribution, furnishing, or sale of any narcotic or dangerous drug controlled by the
Federal or Georgia law is prohibited. Drug paraphernalia is also prohibited.
I. FALSIFICATION OF RECORDS
- No student shall alter, counterfeit, forge, or cause to be altered, counterfeited, or forged, any records, form or document used by or submitted to the University; nor shall any student knowingly use any such altered, counterfeited, or forged record, form, or document.
- Giving false or misleading information to any university official or to an official hearing body is prohibited. This includes both oral and written information, including all forms and documents.
No student shall possess, furnish, sell, or use explosives of any kind on university property or at functions sponsored or supervised by the University or any recognized university organization.
K. FIRE SAFETY
- No student or student group shall tamper with fire safety equipment.
- The unauthorized possession, sale, furnishing, or use of any incendiary device is prohibited.
- No student or student group shall set, attempt to set, or cause to be set, any unauthorized fire or explosion in or on university property.
- The possession or use of fireworks on university property or at events sponsored or supervised by the University or any recognized university organization is prohibited. Fireworks are defined as any substance prepared for the purpose of producing a visible or audible effect by combustion, explosion, or detonation.
- No student or student group shall make or cause to be made a false fire alarm.
- All occupants of a building must leave the building whenever the fire alarm sounds.
L. a. WEAPONS (Other Than Firearms)
Students are prohibited from possession of weapons on university property, including those in vehicles, or at events sponsored or supervised by the University or by any recognized university organization. The possession or use of any other offensive weapons is prohibited.
L. b. Firearms or Guns
It is against University policy for any person to carry or possess any firearm, handgun or long gun at any school function on or off campus, on University property, Georgia Southwestern State University Foundation property, or any property leased or operated by Georgia Southwestern State University. This includes persons who are licensed weapon holders, whether concealed or in open view.
The exception to this policy as of June 14, 2010 is for a person holding a valid license to keep a gun in a locked compartment or firearm rack in his vehicle while parked on campus or when transiting through campus.
Georgia Southwestern State University does not condone hazing in any form. Hazing is defined as any intentional, negligent or reckless action, activity or situation which causes another pain embarrassment, ridicule or harassment, regardless of the individual's willingness to participate. Such actions and situations include, but are not limited to, the following:
- a. Forcing or requiring the drinking of alcohol or any other substance.
- b. Forcing or requiring the consumption of food or any other substance.
- c. Calisthenics (push-ups, sit-ups, jogging, runs, etc.)
- d. Treeing
- e. Paddle swats
- f. Line-ups
- g. Theft of any property
- h. Road trips
- i. Scavenger hunts
- j. Causing fewer than six (6) continuous hours of sleep per night
- k. Conducting activities which do not allow adequate time for study
- l. Nudity at any time
- m. Running personal errands for the members (driving them to class, cleaning their individual rooms, serving meals, etc.)
- n. Forcing or requiring the violation of University, Federal, State, or local law.
- o. Any Physical Contact
N. JOINT RESPONSIBILITY FOR INFRACTIONS
- Students or student groups who knowingly act in concert to violate university regulations have individual and joint responsibility for such violation, and such concerted acts are prohibited.
- Students or student groups are responsible for the conduct of their guests on or in University property and at functions sponsored by the University or any registered University organization.
O. STUDENT IDENTIFICATION CARDS
- Lending, selling, or otherwise transferring a student identification card or any official University materials is prohibited.
- The use of a student identification card by anyone other than its original holder is prohibited.
- No student or student group shall obtain under false pretenses any official University materials or student identification cards.
- No student shall sell a textbook that is not her/his own without written permission of the owner.
- Without proper authorization, no student or student group shall take, attempt to take, or keep in her/his possession items of university property; items or services rented, leased, or placed on campus at the request of the institution; or items belongings to faculty, students, staff, student groups, or visitors to the campus.
Q. UNAUTHORIZED ENTRY OR USE OF UNIVERSITY FACILITIES
- No student or student group shall make or attempt to make unauthorized entry into any university building, office, or other facility; nor shall any person remain without authorization in any building after normal closing hours.
- No student or student group shall make or attempt to make unauthorized use of any university facility.
- Being in the living quarters, hallways, or common area of a residence hall at a time not specified for visitation or without being escorted by a resident of that hall is prohibited.
The playing of cards or any other game of skill or chance for money or other items of value is prohibited.
In accordance with Board of Regents’ Tobacco and Smoke-Free Campus Policy for all University System of Georgia institutions:
- The use of all forms of tobacco products on property owned, leased, rented, in the possession of, or in any way used Georgia Southwestern State University is expressly prohibited. “Tobacco Products” is defined as cigarettes; cigars; pipes; all forms of smokeless tobacco; clove cigarettes; and any other smoking devices that use tobacco, such as hookahs; or devices that simulate the use of tobacco, such as electronic cigarettes and vapor devices.
- The use of tobacco products is prohibited in all vehicles—private or public—located on GSW properties.
- Advertising, sale, or free sampling of tobacco products on GSW properties, unless specifically stated for research purposes, is prohibited. This prohibition includes, but is not limited to, all areas indoors and outdoors and buildings and parking lots owned, leased, rented, or otherwise used by GSW.
- All events hosted by a GSW shall be tobacco-free. All events hosted by outside groups on behalf of GSW shall also be tobacco-free.
- This policy applies to all persons who enter the areas described above, including but not limited to: students, faculty, staff, contractors and subcontractors, spectators, and visitors.
T. STUDENT ELECTIONS
- No student shall cast or attempt to cast more than one ballot in any election or referendum conducted on campus.
- No student or student group shall interfere with any election held on campus.
U. CLASS ABSENCES
Students shall educate themselves of their instructors' policies concerning class absences and shall consider themselves bound thereby. Excessive or persistent class absences are prohibited. Students may not abandon their class(es); doing so will usually result in receiving a failing grade.
V. REPEATED VIOLATIONS
Repeated violations of published rules or regulations of the University, cumulatively indicating an unwillingness or inability to conform to the institution's standards for student life, are prohibited.
W. VIOLATION OF OUTSIDE LAW
Violation of local, state and federal law, on or off campus, is prohibited. Violations will be adjudicated through the university student conduct system at the discretion of the Vice President of Student Affairs or his/her designee.
- Failure to appear as a witness at the appointed time at an administrative or disciplinary hearing shall subject the student to disciplinary action.
- All students shall fully comply with the instruction of the hearing officers and panels of the Georgia Southwestern State University student conduct system.
- No student shall commit perjury.
- No student shall engage in conduct that disrupts the proceedings of the Georgia Southwestern State University student conduct system or otherwise obstructs justice or abuses the student conduct system on this campus. Abuse of the student conduct system, includes, but is not limited to:
- a. Falsification, distortion, or misrepresentation of information before a student conduct board or hearing officer.
- b. Disruption or interference with the orderly conduct of a student conduct proceeding.
- c. Attempting to discourage an individual's proper participation in, or use of, the student conduct system.
- d. Attempting to influence the impartiality of a member of a student conduct board or Student Conduct Officer prior to, and/or during the course of, a conduct proceeding.
- e. Harassment (verbal or physical) and/or intimidation of a member of a student conduct board of Student Conduct Officer prior to, during, and/or after a student conduct proceeding.
- f. Influencing or attempting to influence another person to commit an abuse of the student conduct sy
Y. FAILURE TO COMPLY
Failure to pay fines, make restitution, complete assigned sanctions, follow instructions given by university personnel while officially performing duties associated with their position, or observe restrictions imposed as a result of a disciplinary hearing shall subject the student to further, more severe, disciplinary action.
Z. POLICIES AND PROCEDURES
Students and organizations should abide by all published policies and procedures of the University.
AA. DUE PROCESS
Georgia Southwestern State University students whose activities may subject them to disciplinary action shall be afforded due process in accordance with constitutional requirements and with the principles and procedures outlined below:
- The student shall be notified in writing that they are accused of a violation. Notice may be emailed to the student’s radar email account, delivered in person, sent to the campus mailing address, sent to the home/permanent address (address on file with the Registrar’s Office) , and/or sent to any class for which the student is enrolled. The notice shall detail the charges made and the rights of the accused student.
- The student has the right to attend classes and required University functions until the hearing is held and a decision is rendered. Exceptions will be made (1) when a student's physical or emotional safety and well-being are endangered; (2) when the general safety of students, faculty or University property is endangered; or (3) when the orderly progression of the educational objectives of the institution may be disrupted.
In each case involving possible suspension or expulsion from the University, the hearing shall be conducted by the designated Student Conduct Officer or by the Faculty-Student Conduct Board. Infractions of the Student Conduct Code that do not involve possible suspension or expulsion shall be addressed by appropriate Student Life staff or the appropriate Student Conduct Board. All cases involving academic integrity will be heard by the Faculty-Student Conduct Board. In the case of minor violations of the Student Conduct Code occurring in the residence hall or a violation of the residence hall policies (i.e. visitation violation, noise violation, etc.), a Residence Life staff member may be the hearing officer for a case.
- The hearing officer or group shall, at least forty-eight hours in advance of the hearing, notify the student in writing concerning the following:
- a. The date, time, and place of the hearing, and the person or group to conduct the hearing.
- b. Specific charges for violations of the Student Code of Conduct.
- c. The names of the witnesses scheduled to testify.
- The student is encouraged to notify parents or guardians as to the seriousness of the matter; the University reserves the right to notify the student's parents or guardians of serious or repeated disciplinary actions.
- The student has the right to waive a hearing and consent to sanctions.
- The student shall be entitled to appear in person at the hearing and to present his or her information, including relevant witnesses approved by the University official or conduct board hearing the case at least 24 hours prior to the hearing. Witnesses must be able to present relevant information to the specific case. The student also may elect not to appear before the University official or conduct body. Should one elect not to appear, the hearing shall be held in his or her absence.
- The student shall be entitled to select an advisor (who must be a student, staff or faculty member of the University). The advisor, upon request of the student, may:
- a. Advise the student/organization's representative in the preparation and presentation of a defense,
- b. Accompany the student/organization's representative to all discipline hearings
- c. Advise the student/organization's representative in the preparation of appeals, if needed.
- d. The advisor shall not assume responsibility for conducting the defense of the accused student/organization; the advisor may assist the student/organization's representative in addressing the hearing body, but may not cross-examine witnesses or answer questions directed to the student.
- The student shall be entitled to ask relevant questions of the University official, of the conduct board, or of any witnesses.
- The decision reached at the hearing shall be communicated in writing to the student or organization's representative within five business days after the conclusion of the hearing and summary of the evidence.
- A tape recording or summary transcript of the proceedings shall be kept and made assessable to the student upon request should the case involve possible suspension or expulsion for the sole purpose of appealing a decision of suspension or expulsion.
- The deliberations phase of student conduct hearings are confidential and not tape recorded.
- The student shall be notified in writing of the right to appeal a decision of suspension or expulsion. Should a student appeal to the President of the University, any action assessed by another university official or conduct body shall be withheld pending disposition of the appeal. Student organizations, however, are not able to appeal any decision relative to outcomes from any level of campus judiciaries.
- While firmly committed to the concept of due process, the University recognizes the fact that the student may be accused of on-campus or off-campus offenses that, by their nature, would present a clear and present danger of serious physical or mental harm to the students or to another member of the University community or to University property. In such case, the Vice President for Student Affairs or his or her appointee may impose the necessary temporary sanctions, pending a hearing. Further, the Vice President for Student Affairs, or his or her appointee, shall have power to impose such temporary sanctions, pending the outcome of a hearing, when a student or student group engages in conduct that presents a clear and present danger to the freedoms and rights of other members of the University community in any manner whatsoever, or which may otherwise interfere with in the operation of the University.
BB. STUDENT CONDUCT PROCESSES
- The conduct boards of the University are the Faculty-Student Conduct Board and the Student Conduct Board. Composition of the conduct boards shall be as follows:
- a. The Faculty-Student Conduct Board of Georgia Southwestern State University shall consist of seven members, of whom four shall be faculty members appointed by the President of the University and three shall be regularly-enrolled students appointed by the President of the University upon recommendation of the President of the Student Government Association and the Student Conduct Officer of the University. All appointments shall be for one-year terms, but members shall be eligible for reappointment provided that no faculty member shall serve longer than five consecutive years. None of the committee members shall be officers or members of any institutional governing council. These committee members shall be selected as early as possible each Fall Semester and shall serve until the appointments for the succeeding year become effective. Members of the Faculty-Student judiciary shall select one of their own members to act as the Presiding Officer. The Presiding Officer shall set the time and place for hearings referred to the Faculty-Student Judiciary by the Student Conduct Officer and shall notify involved conduct board members. The Student Conduct Officer will notify accused individuals, witnesses, or organizations as outlined in AA. Decisions by the Faculty-Student Conduct Board shall be made by majority vote.
- b. The Student Conduct Board of Georgia Southwestern State University shall consist of nine members, the Chief Justice, who is the Vice President of Academic Affairs of The Student Government Association, and eight students nominated by the Student Government Association and appointed by the President of Georgia Southwestern State University. The Student Conduct Board may be utilized at the discretion of the Student Conduct Officer in hearing non-suspendable matters. Decisions by the Student Conduct Board shall be made by majority vote.
- c. In addition to the two conduct boards, there is also a Faculty Subcommittee on Student Discipline. This subcommittee shall consist of three faculty members and two students. The members of this Committee shall not be members of either of the Conduct Boards. The President shall appoint the members of this Subcommittee at the beginning of the Fall semester, with the assistance of the Student Conduct Officer, if desired. The purpose of this subcommittee is to review and handle appeal cases submitted to the President’s Office. The appeals process is outlined in section DD.
- Each conduct board shall formulate its rules and policies of procedure within the guidelines specified within this document.
- a. Preliminary investigations of charges against students shall be conducted by the University hearing Student Conduct Officer or his/her designee who will render a decision as to whether the alleged infraction is of a serious enough nature to warrant possible suspension or expulsion.
- b. Any member of a conduct board shall disqualify himself/herself if his/her personal involvement in the case is of such a nature as to prevent a fair and impartial hearing.
- Appeals involving traffic fines must be entered at the Public Safety Office within three days (excluding weekends and holidays) of issuance of citation and shall be heard by the Student Conduct Board when in session. If the Student Conduct Board is not in session, the appeal will be heard by the Student Conduct Officer. Decisions in traffic appeals shall be final.
CC. DISCIPLINARY MEASURES
Upon finding that a student or student organization has violated a code of conduct, the appropriate University official or judiciary body may apply one or more disciplinary measures within the restrictions provided in stated rules and procedures. The severity of the sanction shall be consistent with the nature of the offense. For students:
- Expulsion--permanent disciplinary removal of the student from the University. During an expulsion period, a student may not visit the campus for reasons other than clarification of academic or behavior record.
- Probated Expulsion--notice that further major violation(s) of University policy shall result in expulsion.
- Suspension--mandatory disciplinary removal of the student from the University for a specified period of time. During a suspension period, a student may not visit the campus for reason other than clarification of academic or behavior record. No transfer credit from another institution which is earned during the suspension period will be accepted as credit toward a degree at Georgia Southwestern State University.
- Probated Suspension--notice that further violation(s) of University policy shall result in suspension or expulsion. This sanction may be accompanied by the restrictions and restitutions as defined below.
- Disciplinary Probation--notice to the student that further disciplinary violations(s) may result in suspension or expulsion. This sanction is assigned a specified period of time. This disciplinary measure also may include one or more of the following:
- a. Restriction--exclusion from participation in social and recreational activities, relocation of privileges available to Georgia Southwestern State University students, exclusion from representing the University in any official capacity, or from holding office in student organizations.
- b. Restitution--reimbursement for damage or destruction of property, as determined and stipulated by the University.
- c. Community Service--assignment to work a specific number of hours on a university program or project within a specific time frame. The assignment must be related to the nature of the violation.
- d. Referral for professional assessment to the Counseling Center or off-campus professionals or organizations.
- Disciplinary Warning--a written reprimand regarding behavior that violates the Student Conduct Code or University policy, which can include restriction, restitution or community service as defined above. This sanction is assigned a specified period of time.
- Fine— in addition to the preceding disciplinary measures, appropriate fines may be imposed by the proper authority based on the severity of the infraction.
- Mandatory withdrawal from the course and/or department within which the offense occurred. Credit for the course may or may not be recorded.
- Residence Hall Suspension--separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
- Residence Hall Expulsion--permanent separation of the student from the residence halls.
For Student Organizations
- Revocation of Recognition--permanent severance of the student organization's relationship with the University.
- Probated Revocation of Recognition--notice that further major violation(s) of University policy shall result in revocation of recognition. This sanction may be accompanied by restriction, restitution, and/or community service
- Suspension of Recognition--severance of the student organization's recognition by the University for a specific period of time. This sanction may be accompanied by restriction, restitution, and/or community service.
- Probated Suspension--notice that further violation(s) of University policy shall result in suspension. This sanction may be accompanied by restriction, restitution, and/or community service.
- Disciplinary Probation--notice to the student organization that further disciplinary violation(s) may result in suspension. This sanction may be accompanied by restriction, restitution, and/or community service.
- Disciplinary Warning--a written reprimand regarding behavior that violates the Student Conduct Code or University policy, which can include restriction, restitution or community service.
- Notification of regional or national officers of the action taken by the University and entry into the record of the student organization.
- Fine--in addition to the preceding disciplinary measures, appropriate fines may be imposed by the proper authority based on the severity of the infraction.
1. There is no appeal for a sanction less than suspension or expulsion. The only exception to this policy is in the case of sexual misconduct cases. (See Policy EE.)
2. Each appeal from decisions in hearings before the Faculty-Student Conduct Board or any university official (who assesses either suspension or expulsion sanctions only) shall be directed in writing to the President of the University within five class days after notification of the hearing out come. The President shall refer the facts and circumstances of the case to the Faculty Subcommittee on Student Discipline, who will hear the appeal and transmit an advisory opinion. The President shall schedule the review within five class days following receipt of the student's written appeal, and a final decision must be rendered in writing within five class days after the conclusion of the review by the Faculty Subcommittee on Student Discipline.
4. The student may appeal on grounds that the evidence was not sufficient to prove guilt or on other specified relevant grounds that the sanction was too severe. In either case the student shall submit, in clearly written statements to the President, his or her reasons for appeal.
5. The President of the University shall be given all documents pertaining to the proceedings in the hearing by the Student Conduct Officer or appropriate university personnel.
6. When the President of the University has rendered in writing an adverse decision on any appeal, the student will be considered to have exhausted all recourse at the local level. Any expulsion or suspension shall become effective at this time even though an appeal may be taken to the Board of Regents. If the Regents should uphold the student, he or she will be restored to enrollment without prejudice.
This is in adherence with the Policy Manual of the Board of Regents of the University System of Georgia, which states:
4.7.1 Student Appeals
Final judgment on all appeals regarding admissions (including program admissions), residency, student grades, traffic citations, and the Guaranteed Tuition Plan rests with the president of the institution at which the appeal is heard (BoR Minutes, June 2006). Any University System student aggrieved by a final decision of the president of an institution, other than those stated above, may apply to the Board’s Office of Legal Affairs for a review of the decision, in accordance with Policy 8.6 Applications for Discretionary Review; provided, however, that an application may be reviewed if (1) the record suggests that a miscarriage of justice might reasonably occur if the application is not reviewed, or (2) whether the record suggests that the institutional decision, if not reviewed, might reasonably have detrimental and system-wide significance. (BoR Minutes, April 2010, February 2015)
4.7.2 Appeals on Other Matters
Appeals by students shall be made according to Policy 8.6 Application for Discretionary Review. (BoR Minutes, April 2010; February 2015)
8.6 Application for Discretionary Review
Any student or employee in the University System aggrieved by a final decision of the president of an institution may apply to the Board’s Office of Legal Affairs (“Legal Affairs”) for a review of the decision. Review of the decision is not a matter of right, but is within the sound discretion of Legal Affairs. If granted, the discretionary review shall be limited to the record from the institutional appeal process. Nothing in this policy shall be construed to extend to any party substantive or procedural rights not required by federal or state law. This policy shall not be construed to extend to any party any expectation of employment, admission, or additional due process rights. This policy is not part of the due process rights afforded to students or employees of the University System; those rights have been fully afforded upon the decision of the president. The Board reserves the right to change this policy at any time, and to make such changes effective retroactively to any pending application.
Each application for review shall be submitted in writing to Legal Affairs within a period of twenty calendar days following the decision of the president. Legal Affairs shall determine whether the application for review shall be granted. Legal Affairs may at its discretion refer a matter for mediation, arbitration, reconsideration, or evaluation of settlement options.
If an application for discretionary review is granted, a Committee shall review the decision of the president. Said Committee shall consist of the Vice Chancellor for Legal Affairs or his or her designee, the Vice Chancellor for Academic Affairs or his or her designee, the Vice Chancellor for Human Resources or his or her designee, and any other person or persons deemed appropriate by the Committee. Legal Affairs may issue guidelines governing the process for review. The decision of the Committee shall be final and binding for all purposes. There shall be no recourse to the Chancellor or the Board of Regents from such decision; provided, however that the Committee on Organization & Law retains the authority to make an exception to this policy in its discretion.
7. Findings and sanctions for student organizations are final; there is no process for appeals.
EE. SEXUAL MISCONDUCT CASES
- For all cases involving sexual misconduct (as defined in Section F.), the student making the accusations will be notified of the outcome of the conduct hearing for the student that has been accused of the violations.
- For all cases involving sexual misconduct, all students involved will have the right to appeal the outcome of the hearing through the outlined appeal procedures.