Part II: Disciplinary Procedures and Student Rights

The purpose of this policy is to establish disciplinary procedures to guide the fair and uniform enforcement of the Responsibilities listed in Part I. These procedures are applicable to any student or student organization when charged with a violation of the Responsibilities. These procedures allow for fact finding and decision making in the context of an educational community and encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the College.

JURISDICTION

All students are members of the College community. The College reserves the right to take necessary and appropriate action to protect the safety and wellbeing of the campus community and will address all violations of the Student Code of Conduct that occur on College premises. Students, faculty, staff and individuals not associated with the College may submit complaints regarding alleged violations that may have occurred on campus or off campus for review and action by the College. All complaints of alleged violation of the Student Code of Conduct shall be made in writing to the Student Conduct Officer.

The term “student” includes all persons taking courses at the College, either full-time or part-time. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students.” This Student Code applies at all locations of the College.

The term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, managed or controlled by the College (including adjacent streets and sidewalks).

The College may initiate judicial proceedings for off-campus incidents when:

1. Hazing is involved. Hazing is defined as an act which endangers the mental or physical health or safety of a person, subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership; or


2. The violation is committed while participating in a College-sanctioned or sponsored activity; or


3. The victim of the violation is a member of the College community; or


4. The violation constitutes a felony under state or federal law; or


5. The violation adversely affects the educational, research, or service function of the College.

The Student Conduct Officer is the person(s) authorized by the College President to be responsible for the administration of the Student Code of Conduct. The Student Conduct Officer shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case-by-case basis, in his or her sole discretion. The President may appoint a designee to fulfill student conduct responsibilities when necessary. The Vice President for Academic Affairs designates an individual responsible for administering the Special Procedures for Adjudication of Academic Integrity violations.

The Student Conduct Board means any person or persons authorized by the College President to determine whether a student has violated the Student Code of Conduct.

The Dean of Students, or his/her designee, is also authorized by the College President to determine whether a student has committed a non-academic violation of the Student Code and to impose sanctions upon any student(s) found to have committed a non-academic violation of the Student Code.

The Vice President for Academic Affairs, or his/her designee, is also authorized by the College President to determine whether a student has committed an academic violation of the Student Code and to impose sanctions upon any student(s) found to have committed an academic violation of the Student Code.

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FAILURE TO COMPLY

Failure to comply/respond as directed by the Student Conduct Board, the Student Conduct Officer or the Dean of Students on any matter including, but not limited to, a request to meet concerning an issue or a notice concerning or alleging a violation of the Student Code of Conduct may result in the immediate placement of a hold on the involved student’s records.

Further, sanctions up to and including suspension or expulsion may be imposed in the student's absence should the student fail or refuse to comply/respond. Failure to comply with sanctions imposed by the Student Conduct Board, the Student Conduct Officer or the Dean of Students will be a further violation of the Student Code of Conduct.

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ALTERNATIVE DISPUTE RESOLUTION (Mediation)

This section of the Student Handbook refers to procedures for filing formal grievances and/or appeals. These formal procedures vary according to the nature of the problem.

Unfortunately, formal grievance and appeals procedures usually require a great deal of time and energy, may result in high levels of frustration, and produce a less than satisfactory outcome for either or both parties. If a hearing must be conducted, both parties must spend time preparing their statements, presenting witnesses and other data, and relying on another person or committee of persons to decide the outcome. At the end of the process one party “wins” and the other party “loses.” This almost always further erodes the relationship between the parties. In addition, records of the proceedings are prepared and kept on file, limiting the confidentiality of the nature of the dispute. Therefore, prior to filing a formal grievance or appeal, persons with a complaint should consider using the College's Alternative Dispute Resolution Program. Alternative Dispute Resolution, commonly referred to as ADR, involves using one or more dispute resolution processes as an alternative to traditional grievance and appeals procedures.

Alternative methods of dispute resolution may include one or more of the following:

1. . Frank and open discussion between parties to dispel any miscommunication that may have occurred;


2. Determining the issues to be resolved and negotiating with each other to reach an acceptable conclusion;


3. Participating in a mediation session with an objective third party has been highly successful in the corporate world and is becoming widely used in educational settings.

Mediation is a voluntary process in which an impartial third party facilitates communication and negotiation between the disputing parties in order to reach a mutually acceptable agreement. The mediator does not maintain a record of the session - the only written document is the negotiated agreement that is given to both parties.

Alternative Dispute Resolution is not appropriate for grade disputes.

Detailed information about the College's Alternative Dispute Resolution Program is available in the Student Life Office on the first floor of the Student Life Center.

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INITIATION OF COMPLAINT OF ALLEGED VIOLATIONS

1. Complaint of alleged violations may be submitted in writing to the Office of Student Affairs.


2. Complaints must be submitted within fifteen College business days (Monday - Friday) after detection of an alleged violation unless special conditions for delay can be documented.


3. The complaint must state sufficient facts, including specific names(s), date(s), locations, and descriptions of the alleged act(s) of misconduct to enable the Student Conduct Officer to make a determination as to whether further fact-finding is necessary. The complainant must sign the complaint.


4. Where the alleged misconduct is related to discrimination or harassment, the Student Conduct Officer will consult with the Affirmative Action Officer to determine whether an affirmative action investigation is warranted.


5. The Student Conduct Officer will make an initial determination as to whether there is sufficient basis to believe that a violation of the Code of Conduct may have occurred. The Student Conduct Officer may decide to interview the complainant and/or witnesses or to request additional information from the complainant.


6. Where the complaint is related to academic misconduct, Special Procedures for Adjudication of Academic Misconduct will be followed.


7. In cases of non-academic infractions and when it is determined that sufficient evidence exists to warrant charges, the Student Conduct Officer will arrange a meeting (preliminary conference) with the charged student.
   
   
   1. At this preliminary conference, the student will be provided with the following:
      
      1. A written explanation of the charges;
      2. Review of the evidence on which charges are based and names of all witnesses;
      3. A review of all due process rights and disciplinary procedures;
      4. An opportunity to review charges and evidence, to respond to the charges, and to select from adjudication options. The judicial hearing will be within ten College business days (Monday - Friday).
   
   
   2. Student must advise the Student Conduct Officer within one College business day (Monday - Friday) of the preliminary conference of his/her plea and choice of adjudication options, if applicable.

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 SPECIAL PROCEDURES FOR ADJUDICATING CASES OF ACADEMIC INTEGRITY VIOLATIONS

Academic integrity is the responsibility of all MSC faculty and students. Faculty members have the right and responsibility to demand honesty in all academic pursuits. Faculty members should promote academic integrity through clear communication and instruction on the components of academic integrity in the classroom and faculty have a responsibility to clearly define student penalties incurred in instances of cheating and plagiarism in their course syllabi. Faculty may use plagiarism-prevention technology in their classes such as Turnitin.com. Faculty members have the right and the responsibility to report all cases of Academic Misconduct to the Office of Academic Affairs. This process protects the academic integrity of the institution and guarantees that the due process rights of all students are protected. Students accused of academic misconduct have the right to have their case heard in a fair and impartial manner with all the safeguards available within the normal disciplinary processes.

When a faculty member suspects that a case for academic misconduct might be made he or she should immediately contact the Office of Academic Affairs.

The following procedures are designed to adjudicate situations involving alleged academic misconduct, recognizing the interest of each of the parties involved:

1. If there is evidence sufficient to warrant a charge, the following steps will occur:
   
   
   1. The instructor will gather all pertinent information related to the case
   2. The instructor will notify the academic dean
   3. The instructor will adjudicate the case by presenting the evidence to the student. When presented with charges by the instructor, the student will:
      
      1. accept responsibility for the charge(s) and allow the instructor to levy a sanction, or
      2. deny the charge(s) and request a formal hearing in accordance with the Hearing Processes defined later in this section.
   4. After the above steps have been completed, the instructor will forward all materials to the Office of Academic Affairs for any further adjudication of the case. Regular disciplinary proceedings in accordance with the Hearing Process as defined later in this section will apply, if the student denies the charges and requests a formal hearing.
   5. In cases adjudicated by an instructor when the student admits guilt, all materials will be forwarded to the Office of Academic Affairs for inclusion in the student's disciplinary file.
   
   
2. Upon a finding or plea of guilty, the following sanction will be imposed:
   
   1. If the instructor has published a minimum academic sanction for academic dishonesty in the course or in a written syllabus or other document distributed to members of the class, this minimum sanction will be followed.
   2. In the absence of a published minimum sanction, the student will receive, at a minimum, a grade of zero for the work involved. A higher sanction, not limited to the grade of “F” for the course, may be entered at the discretion of the hearing body.
   3. For a first offense, in addition to the sanction of the instructor or hearing body, the additional sanction of “Disciplinary Probation” will be imposed.
   4. If a student is found guilty of academic misconduct as a repeat offense, the minimum sanction will be:
      
      1. A minimum of F in the course, and
      2. Suspension from the College for a minimum of two (2) full academic semesters.


3. If a student is found not guilty of academic misconduct, the hearing body will refer the paper, assignment, or test to the appropriate department head/school dean or administrator responsible for supervision who will facilitate a resolution concerning a fair grade for the work in question.

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SPECIAL PROCEDURES FOR ADJUDICATING CASES INVOLVING RECOGNIZED STUDENT ORGANIZATIONS (RSO)

Should a complaint be filed against an RSO, the Student Conduct Officer will conduct an investigation, a hearing, and the Dean of Students may impose the following sanctions, if necessary:

1. Cancellation of recognized status,


2. Imposition of monetary fines, withholding or withdrawal of allocated COA funds and or Dues Account funds,


3. Imposition of restitution for damages,


4. Removal of any of the RSO’s officers or members from the RSO or its activities,


5. Restriction of any of the privileges or rights enjoyed by the RSO.

An RSO may appeal any finding and/or sanction imposed provided relevant grounds for appeal are cited. See Appeal Procedures, 2b. Written notification of the decision to appeal and the grounds for appeal must be received by the Student Conduct Officer within two College business days (Monday - Friday) after the original decision is communicated to the RSO. The Student Conduct Officer will convene an Appeals Panel consisting of three members (two faculty/staff, one student) not involved with the original hearing. Appeal proceedings will begin within five College business days (Monday - Friday) of the receipt of the written notification from the student. The Student Conduct Officer will be responsible for notifying the RSO of the outcome of the appeal within two College business days (Monday - Friday) of the conclusion of the appeal proceedings. This is the final appeal at the institutional level.

The right of provisional organizations to operate may be revoked upon an adverse finding by the Student Conduct Officer. In cases of revocation of provisional status, there is no institutional appeal of the decision.

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DUE PROCESS AND STUDENT RIGHTS

When a student is charged with violating the rules and regulations of the College, disposition of the case will be according to the Constitutional requirements of due process. These rights include entitlement to:

1. A written copy of the charge(s).


2. A fair and impartial hearing.


3. Know the nature of the evidence against them and names of witnesses scheduled to appear.


4. Present evidence and witnesses in their behalf. Statements from character witnesses will be accepted only in instances in which the individual providing the information has direct knowledge of the event(s) in question.


5. Be accompanied at a hearing by an advisor. The role of the advisor is passive and limited. The advisor cannot actively participate in the hearing or ask questions of the witnesses or the hearing body. The advisor's role is to advise the student and observe the proceedings.
   
   The charged student may not be accompanied by an attorney unless the charge(s) is criminal in nature. The charged student must notify the Student Conduct Officer three College business days in advance of the hearing if he/she plans to have an attorney present as his/her advisor. Failure to notify the Student Conduct Officer will result in the hearing being rescheduled.
   
   The complainant may also be accompanied by an advisor. The complainant may not be accompanied by an attorney unless the charge(s) is criminal in nature. The complainant must notify the Student Conduct Officer three College business days in advance of the hearing if he/she plans to have an attorney present as his/her advisor. Failure to notify the Student Conduct Officer will result in the hearing being rescheduled.


6. Be present at the hearing during the presentation of any evidence or material on which a decision will be made. If the student fails to attend the hearing, the hearing will be held in the student's absence.


7. Remain silent and refrain from answering questions without inference of guilt.


8. Submit questions for witnesses to the Student Conduct Officer, who, in cases involving adjudication by the Student Conduct Board hearing panel serves as Chairperson of the panel. The Chairperson will determine if the charged student's questions are appropriate and if the charged student's questions will be posed verbally or in writing.


9. An audio recording of the hearing will be made by the Chairperson of the hearing panel. The deliberation/sanctioning phase of the proceeding will not be taped. The charged student will be provided, upon request, a copy of the hearing recording. Written transcripts of the hearing will not be available.


10. A decision based solely on the evidence presented.


11. A written notice of the results of the hearing and an explanation of the decision and sanction assessment. If a student is found not in violation of the charge(s), all related documents and records will be destroyed.


12. Appeal the finding and/or sanction.

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PLEA OPTIONS

The Student Conduct Officer will present the student charged with violations of the Student Code of Conduct with a written document describing the charges filed against him/her. The student will respond in one of the following ways to each charge:

1. Admission of responsibility for the charge(s) and waive the right to a hearing. The Student Conduct Officer will determine appropriate sanction(s).


2. Denial of responsibility for the charge(s) and request a hearing.

METHODS OF ADJUDICATION

1. Administrative Hearing - The Dean of Students, a member of the Student Conduct Board, will serve as the hearing body for all student conduct cases in which the possible sanctions of suspension or expulsion are not involved and for cases involving suspension or expulsion when the charged student does not request a hearing by a panel of the Student Conduct Board in a timely manner. The Vice President for Academic Affairs, or his/her designee, shall serve in this capacity in cases involving academic integrity violations.


2. A panel of the Student Conduct Board - A faculty/staff/student committee with members appointed by the College President. Members of the Board will serve as a panel for resolving Student Code of Conduct involving students. Each panel will be composed of at least three members, including at least one student. The Student Conduct Officer serves as non-voting Chairperson of the hearing panel. (The Student Conduct Officer may appoint an ad hoc panel when the Student Conduct Board is unable to hear cases in a timely manner. Each ad hoc panel will be composed of at least three members, including at least one student.)
   
   It is the responsibility of the Student Conduct Officer to provide orientation and support for the hearing body.

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ABSENCE OF ACCUSED OR LACK OF COOPERATION

If the student is absent from the College community while a disciplinary case is pending or if a student declines to participate in the disciplinary process, the student is not absolved of responsibility.

Students who have been properly notified of a scheduled hearing, and who fail to appear at the hearing after proper notice has been given, will have their cases adjudicated in absentia at the scheduled hearing time and will be bound by the findings.

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NOTIFICATION

In all cases relative to written notification of students, such notification will be considered complete once a message has been sent to the student's college e-mail address contained in the Banner Student Information System.

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THE HEARING PROCESS

The focus of the Hearing Process in disciplinary proceedings shall be determining the innocence or guilt of those accused of violating the Student Code of Conduct. Hearings are not open to observers. Decisions shall be based upon the preponderance of all available evidence in each case. This means the evidence does not have to be enough to free the mind from a reasonable doubt but must be sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other. Student Conduct Board hearings are not legalistic proceedings, and formal rules of evidence do not apply.

1. If a charged student denies responsibility for alleged charge(s), the hearing will be scheduled within ten College business days (Monday - Friday) after the charged student requests it. Hearings will be held during normal College business hours on the Macon campus.
   The charged student may request, in writing, a continuance from the Student Conduct Officer if circumstances are such that a delay is warranted.
   
   The charged student will be notified, in writing, of the date, time, and location of the rescheduled hearing. The charged student must make this written request no fewer than 48 hours prior to the scheduled hearing time.
   
   The Student Conduct Officer will serve as Chairperson of the Student Conduct Board and hearing panels and will select the members of each Student Conduct Board hearing panel. All procedural questions are subject to the final decision of the Student Conduct Officer.


2. The party charging a violation of the Code of Conduct has the right to be informed of these hearing procedures and the right to be present throughout the presentation of witnesses and evidence. The Student Conduct Officer will inform the charging party of these rights prior to the hearing.
   
   The records of the student conduct process and of the sanctions imposed, if any, shall be considered to be the education records of both the party charging a violation of the Student Code of Conduct and the charged student(s) because the educational career and chances of success in the academic community of each may be impacted.


3. The charged student will enter a plea to all charges before the hearing body.


4. The Student Conduct Officer will remind the charged student and each witness present of the importance of providing truthful and accurate information during the hearing process. If a witness fails to tell the truth during student conduct proceedings, Student Conduct action may result.


5. At the hearing, the Student Conduct Officer will present the evidence and facts of the case to the hearing body. The Student Conduct Officer will present witnesses in support of the case against the charged student.


6. The hearing body may question all witnesses or ask for clarification from the Student Conduct Officer or any witness.


7. The charged student may submit questions for witnesses to the Student Conduct Officer. The Student Conduct Officer will direct appropriate questions to the witnesses. The Student Conduct Officer will determine if the charged student's questions are appropriate and if the charged student's questions will be posed verbally or in writing.


8. When the case against the charged student has been presented, opportunity will be given for the charged student to make a statement regarding the charges. The hearing body or the Student Conduct Officer may question the charged student if he or she chooses to make a statement.


9. The charged student will present any evidence or witnesses in his or her behalf. Statements from character witnesses will be accepted only in instances in which the individual providing the information has direct knowledge of the event(s) in question.


10. The charged student will have an opportunity to make a statement at the conclusion of the hearing process. This closing statement by the charged student will precede the closing statement of the Student Conduct Officer.


11. The hearing body may recall any witness after testimony, if clarification is needed.


12. At the conclusion of the hearing, the Student Conduct Officer will call for adjournment.


13. Concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, charged student, and/or other witness during the hearing may be accommodated by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Student Conduct Officer to be appropriate.

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FINDINGS OF THE HEARING BODY

After hearing both sides of the case, the hearing body will, in a closed session, deliberate and reach a decision regarding the guilt or innocence of the charged student.

In cases heard by a Student Conduct Board panel, a majority vote is necessary to reach a decision regardless of the quorum.

If the hearing body finds the charged student not responsible for the violation, the Student Conduct Officer will read the finding into the taped record and will communicate the finding to the adjudicated student in writing within two College business days (Monday - Friday) of the conclusion of the hearing.

If the hearing body finds the charged student responsible for the violation, the Student Conduct Officer will read the finding into the taped record and will forward the finding to the Dean of Students.

The Dean of Students will review the record of the case and any prior disciplinary history of the adjudicated student and will reach a decision regarding appropriate sanctions to be imposed.

The Student Conduct Officer will read the sanction into the taped record and will be responsible for notifying the adjudicated student of the finding and sanction in writing within two College business days (Monday - Friday) of the conclusion of the hearing.

At the request of the adjudicated student, the Student Conduct Officer will meet with the student and provide clarification of the finding and sanction. At this time and at the student's request, information on and assistance with the appeal procedures as outlined in the Student Handbook will be provided.

The finding and sanctions are considered final unless appealed by the adjudicated student.

In cases where no decision can be reached, the Student Conduct Officer may appoint another hearing panel or drop the charges.

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SANCTIONS

The following are disciplinary sanctions that may be imposed upon the student. This list is not exhaustive and the College reserves the right to modify or enlarge the list at any time depending on the nature of the violation(s).

Upon imposition of a sanction, the student is notified by mail. In cases of suspension or expulsion, the parents of a minor will be notified by mail.

1. Disciplinary Warning – A Disciplinary Warning is an official written reprimand.


2. Disciplinary Probation – Disciplinary Probation is a period of time during which further violations of the rules and regulations of the College may result in suspension or expulsion. Probation may be imposed for a period of time ranging from the remainder of the semester in which the violation occurred to the remainder of the student's matriculation at the College. Restrictions may be imposed in conjunction with probation and may include:
   
   1. Community Service Hours - Students may be required to complete work at a designated location for a specified number of hours.
   2. Educational Programs - Students may be required to attend programs on special topics related to the offense. This does not include academic courses for credit.
   3. Restricted presence on campus - Students may be restricted on campus except to attend classes or complete coursework.
   4. Special Projects - Students may be required to write papers and/or present programs on topics related to the offense.
   5. Substance Abuse Assessment - Students may be required to submit to an assessment for substance abuse. Periodic drug testing, not to exceed two random tests per semester for a minimum of three semesters, may be required.
   6. Restitution - Students may be required to reimburse the College or other persons, groups, or organizations for damages incurred as a result of a violation of the Student Code of Conduct.
   7. Confiscation - The College reserves the right to confiscate goods used or possessed in violation of the Student Code of Conduct.


3. Loss of Student Office/Leadership Position - Students in elected/appointed positions may lose the position as a result of a violation of the Student Code of Conduct.


4. Forced Withdrawal - Students may be withdrawn from the academic course(s) within which the violation of the Student Code of Conduct occurred without receiving academic credit for the course(s) or refund.


5. Change of Grade - Students found in violation of the Student Code of Conduct may receive a change in grade for the course, test, paper, or work in which an academic irregularity occurred.


6. Removal from Campus Housing - Students found in violation of the Student Code of Conduct may be removed from campus housing with no refund of fees. Additionally, these students will be responsible for payment of any remaining costs associated with the housing contract.


7. Temporary Suspension from a Course - Students may receive a temporary suspension from a particular course, not to exceed two class meetings.


8. Interim Suspension
   
   1. At any time following the submission of a written complaint, the Student Conduct Officer may suspend a student for an interim period prior to resolution of the disciplinary proceeding if the Student Conduct Officer believes that the information that supports the allegations of misconduct is reliable and determines that the continued presence of the student on the College campus poses a threat to any individual, property, or College function.
   2. The decision to suspend a student for an interim period shall be communicated in writing to the student and shall become effective immediately upon sending the notice.
   3. The interim suspension shall remain in effect until a final decision has been made on the pending charges or until the Student Conduct Officer determines that the reasons for imposing the interim suspension no longer exist.
   4. A student who is suspended for an interim period will be provided an opportunity to respond to the allegations of misconduct no later than five College business days (Monday - Friday) following the effective date of the interim suspension.
   5. The student will be granted a hearing opportunity, if warranted, as soon as possible following such response but no later than five College business days (Monday - Friday).
   
   
9. Suspension - A decision of suspension terminates the student's status as an enrolled student for a specific period of time and prohibits the student from attending classes. A suspended student may not participate in College sponsored activities or be present on campus without specific authorization from the Student Conduct Officer. The Student Conduct Officer may further impose a summary suspension in cases where a suspended student chooses to violate the terms of his/her suspension. Suspended students may not receive academic credit of any kind from another institution if earned during their period of suspension from the College. Students will not receive a refund of fees.


10. Expulsion - A decision of expulsion constitutes a permanent severance of the student's relationship with the College. An expelled student may not enter any part of the campus without specific authorization from the Student Conduct Officer. Students will not receive a refund of fees.


11. Revocation of Admission and/or Degree - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.


12. Withholding Degree - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code, including the completion of all sanctions imposed, if any.

A student responsible for any type of violation of the Student Code of Conduct will not be permitted to avoid sanction by withdrawing from a class or the College.

Other than expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record.

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 ADMINISTRATIVE WITHDRAWAL

Students may be administratively withdrawn from classes and/or the College when, in the judgment of the Associate Vice President for Academic Affairs or the Dean of Students, after consultation with appropriate college personnel, it is determined that because of physical, mental, emotional, or psychological health conditions, the student:

1. poses a significant danger or threat of physical harm to the student or to the person or property of others, or
2. the student interferes with the rights of other members of the College community or with the exercise of any proper activities or functions of the College or its personnel, or
3. the student is unable to meet institutional requirements for continued enrollment as defined in this Student Code of Conduct or other publications of the College.

Students may make a request in writing for an appropriate hearing prior to the final decision concerning continued enrollment.

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 APPEAL PROCEDURES NOT INVOLVING SUSPENSION/EXPULSION

Students adjudicated under the Student Code of Conduct have the right to appeal decisions of the Student Conduct Officer, Student Conduct Board panel, the Dean of Students and the Vice President for Academic Affairs provided specific relevant grounds for appeal are cited. Steps for filing an appeal are outlined below:

Written notification of the decision to appeal and the grounds for the appeal (see 2b) must be received by the Student Conduct Officer within two College business days (Monday - Friday) after the original decision is communicated to the adjudicated student. The Student Conduct Officer will convene an Appeals Panel consisting of three members (two faculty/staff, one student) who were not involved with the original hearing.

Appeal proceedings will begin within five College business days (Monday - Friday) of the receipt of the written notification from the student. The Student Conduct Officer will be responsible for notifying the adjudicated student of the outcome of the appeal within two College business days (Monday - Friday) of the conclusion of the appeal proceedings. This is the final appeal at the institutional level.

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APPEAL PROCEDURES FOR SUSPENSION/EXPULSION

The President may, at his or her discretion, review any student discipline case and take such action, as he or she deems appropriate.

1. Students who are appealing suspension or expulsion and feel that further action is warranted following a decision may appeal to the President of the College. The appeal must be submitted to the Student Conduct Officer in writing within two College business days (Monday - Friday) after the finding and sanction are communicated to the adjudicated student. The Student Conduct Officer is responsible for submitting the student's written appeal, along with other appropriate documentation to the President's Office. At the discretion of the Student Conduct Officer, an extension of no more than one College business day may be granted after notification of suspension or expulsion has been communicated to the student. Students appealing decisions involving suspension or expulsion may have their movements on campus restricted to academic endeavors or other restrictions deemed appropriate during the period of appeal. Otherwise, no sanction will be enforced until a final decision is reached.


2. With the President's approval, the Student Conduct Officer will convene an Appeals Panel to review the case. The panel will be composed of three members, two members from the faculty/administrative staff and one student. No panel member will be from the adjudicated student's department of academic major. A different panel may be appointed for each case.
   
   After reviewing the case, the panel will prepare a written recommendation for the President's consideration. The President will review the recommendations submitted by the panel and render a decision. The President will communicate his or her decision to the student within ten College business days (Monday - Friday) after an appeal is filed with the Student Conduct Officer. This is the final appeal at the institutional level. Therefore, the sanction imposed will be in effect immediately.
   
   
   1. Purpose of the Appeals Panel
      The purpose of an appeal is to review the procedures and findings of the body of original jurisdiction and to determine if there is a basis for error in a judicial hearing.
   
   
   2. Grounds
      A student may appeal a judicial decision on the following grounds:
      
      1. A violation of due process.
      2. Evidence of prejudicial treatment by the original hearing body.
      3. Evidence becomes available during the review process that was not previously available during the original hearing.
      4. Mercy appeal for review of an imposed sanction considered too harsh.
      
      
   3. Procedure
      The Appeals Panel:
      
      1. Will review all material related to the case including;
         
         • the record made before the original hearing body convened;
         • all pertinent documents, including hearing minutes, witness statements, and incident reports;
         • prior violations and sanctions against the student.
      2. May, at its discretion, hear oral argument from either party or their representatives.
   4. Findings
      The Appeals Panel may:
      
      1. Affirm the original decision and deny the appeal.
      2. Affirm the findings of guilt and modify the sanction. The Appeals Panel may, at its discretion, change, increase or reduce the sanction imposed. If the sanction is modified, the Appeals Panel must state in writing the justification for such modification.
      3. Find evidence of prejudice on the part of the original hearing body and refer the case for rehearing before another hearing body.
      4. Refer the case to the original hearing body for reconsideration of specific points deemed important by the Appeals Panel.
      5. Reverse the finding of guilt and affirm the appeal.

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 REGENTS’ APPEAL

Any student aggrieved by a final decision of the President may apply to the Board of Regents, without prejudice to his or her position, for a review of the decision, as provided in the Policies of the Board.
Visit the Bylaws of the Board of Regents of the University System of Georgia at http://www.usg.edu/regents/bylaws/#VIII.

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RECORDS MANAGEMENT

Disciplinary records, except those pertaining to suspension or expulsion, will be maintained for a minimum of five years after the student's date of graduation or last date of attendance. Records involving suspension or expulsion will be retained permanently.

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INTERPRETATION AND REVISION

Any question of interpretation or application of the Student Code shall be referred to the Student Conduct Officer or his or her designee for final determination, unless otherwise determined by the President.

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This Student Code of Conduct was adapted with the permission of Edward N. Stoner II and John Wesley Lowery from “A Twenty First Century Model Student Conduct Code.”

Revised 8-10-10