USG Updates
4.6 Discipline of Students
4.6.1 Violations of State or Federal Law
A student in any University System of Georgia (USG) institution who is charged with, or indicted for, a felony or crime involving moral turpitude may be suspended pending the disposition of the criminal charges against him or her. Upon request, the student shall be afforded a hearing, as provided in this Policy Manual and any related institution policy, where he or she shall have the burden of establishing that his or her continued presence as a member of the student body will not be detrimental to the health, safety, welfare, or property of other students or members of the campus community or to the orderly operation of the institution. Upon final conviction, the student shall be subject to appropriate disciplinary action.
4.6.2 Student Organization Responsibility for Drug Abuse
The use of marijuana, controlled substances, or other illegal or dangerous drugs constitutes a serious threat to the public health, welfare, and academic achievement of students enrolled in the University System of Georgia (USG). Therefore, all student organizations, including but not limited to societies, fraternities, sororities, clubs, and similar groups of students which are affiliated with, recognized by, or which use the facilities under the jurisdiction of USG institutions, are responsible for enforcing compliance with local, state, and federal laws by all persons attending or participating in their respective functions and affairs, social or otherwise.
As provided by the Student Organization Responsibility for Drug Abuse Act, any such student organization which, through its officers, agents, or responsible members, knowingly permits, authorizes, or condones the manufacture, sale, distribution, possession, serving, consumption or use of marijuana, controlled substances, or other illegal or dangerous drugs at any affair, function, or activity of such student organization, social or otherwise, violates the laws of this State and, after being afforded the constitutional requirements of due process, shall have its recognition as a student organization withdrawn and shall be expelled from the campus for a minimum of one calendar year from the date of determination of guilt.
Such organization shall also be prohibited from using any property or facilities of the institution for a period of at least one year. Any lease, rental agreement, or other document between the Board of Regents or the institution and the student organization that relates to the use of the property leased, rented, or occupied shall be terminated for the student organization knowingly having permitted or authorized the unlawful actions described above.
All sanctions imposed by this policy shall be subject to review procedures authorized by the Board of Regents’ Policy on Application for Discretionary Review. An appeal to the Board of Regents shall not defer the effective date of the adverse action against the student organization pending the Board’s review unless the Board so directs. Any such stay or suspension by the Board shall expire as of the date of the Board’s final decision on the matter.
4.6.3 Alcohol and Drugs on Campus
In accordance with Georgia laws governing the manufacture, sale, use, distribution, and possession of alcoholic beverages, illegal drugs, marijuana, controlled substances, or dangerous drugs on college campuses and elsewhere, including the Drug-Free Postsecondary Education Act of 1990, the Board of Regents encourages its institutions to adopt programs designed to increase awareness of the dangers involved in the use of alcoholic beverages, marijuana, or other illegal or dangerous drugs by University System of Georgia (USG) students and employees. Such programs shall stress individual responsibility related to the use of alcohol and drugs on and off the campus.
To assist in the implementation of such awareness programs and to enhance the enforcement of state laws at USG institutions, each institution shall adopt and disseminate comprehensive rules and regulations consistent with local, state, and federal laws concerning the manufacture, distribution, sale, possession, or use of alcoholic beverages, marijuana, controlled substances, or dangerous drugs on campus and at institution-approved events off campus.
Disciplinary sanctions for the violation of such rules and regulations shall be included as a part of each institution’s disciplinary code of student conduct. Disciplinary sanctions for students convicted of a felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or other illegal or dangerous drugs shall include the forfeiture of academic credit and the temporary or permanent suspension or expulsion from the institution. All sanctions imposed by the institution shall be subject to review procedures authorized by Board of Regents’ Policy on Application for Discretionary Review.
The rules and regulations adopted by each institution shall also provide for relief from disciplinary sanctions previously imposed against one whose convictions are subsequently overturned on appeal or otherwise.
4.6.4 Disruptive Behavior
All students are covered by the disruptive behavior policy set forth in Board of Regents Policy 6.8 Disruptive Behavior, and institution conduct procedures must incorporate the same.
4.6.5 Tobacco and Smoke-Free Campuses
All students are covered by the tobacco and smoke-free policy set forth in Board of Regents Policy 6.10 Tobacco and Smoke-Free Campuses, and institution conduct procedures must incorporate the same.
4.6.6 Weapons
The University System of Georgia (USG) prohibits all weapons on property owned or leased by the USG and its institutions, except as specifically provided in Board of Regents Policy 6.11 Weapons or federal or state law. All students are covered by the weapons policy set forth in Policy 6.11 Weapons, and institution conduct procedures must incorporate the same.
4.6.7 Hazing
Hazing is a criminal act under state law and must be specifically prohibited by each institution’s student code of conduct. This policy sets forth institutional requirements for hazing investigation, reporting, and prevention to comply with state and federal law.
Each institution must include definitions of hazing and school/student organization in its student code of conduct that meet or exceed the definitions set forth in the Stop Campus Hazing Act and Max Gruver Act.
Each institution must establish policies covering the following areas:
1. Reporting and investigating alleged incidents of hazing;
2. Due process requirements for adjudication of alleged incidents of hazing;
3. Public disclosure of administrative adjudications of hazing or hazing related criminal convictions within 15 days of final adjudication or public notice of conviction; AND
4. Promotion of hazing prevention and awareness, including information about applicable local and state law. Institution policies must include descriptions of research-informed campus- wide prevention programs and primary prevention strategies related to hazing for students, staff, and faculty.
a. This may include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing
4.7 Standards for Institutional Student Conduct Investigations and Disciplinary
Proceedings
This Policy establishes minimum procedural standards for investigations and resolutions of alleged student conduct violations, which each institution must incorporate into its respective student conduct policies. The purpose of this Policy is to ensure uniformity in the quality of investigations while providing for due process that affords fairness and equity in all student conduct investigations. This Policy is not intended to infringe or restrict rights guaranteed by the United States Constitution including free speech under the First Amendment, or the due process clauses of the Fifth and Fourteenth Amendments.
These procedures apply to matters relating to student misconduct, except matters relating to academic dishonesty, which are covered under separate institutional policies, and sexual misconduct, which is covered under Board of Regents Policy 6.7. Institutions shall inform students of their procedures governing student misconduct complaints and investigations. The terms Respondent and Reporter will be used throughout this Policy and are defined below.
Respondent means an individual who is alleged to have engaged in behavior that would violate any applicable Board or institution policy.
Reporter means an individual who reports information to an institution regarding alleged policy violations.
Institutions may establish to what extent the procedures outlined in this Policy apply to Reporters.
4.7.1 Reports of Student Misconduct
Institutions must provide clear notice to students and other campus community members as to how to file complaints of misconduct. A complaint of a conduct violation may be filed by any institution or other USG employee, any student, or any member of the public.
Complaints to the appropriate department and/or person(s) should include as much information as possible – such as: (1) the type of misconduct alleged; (2) the name and contact information of the individual(s) accused of misconduct; (3) the date(s), time(s), and place(s) of the misconduct; (4) the name(s) and contact information of any individual(s) with knowledge of the incident; (5) whether any tangible evidence has been preserved; and (6) whether a criminal complaint has been made.
Information from complaints may be shared as necessary to investigate and to resolve the alleged misconduct. Complaints shall be investigated and resolved as outlined below. The need to issue a broader warning to the community in compliance with the Jeanne Clery Campus Safety Act (“Clery Act”) shall be assessed in compliance with federal law.
Where appropriate, a Reporter may file a law enforcement report as well as an institutional report but is not required to file both.
Confidentiality:
If a Reporter requests that their identity be withheld or the allegation(s) not be investigated, the institution should consider whether such request(s) can be honored while still promoting a safe and nondiscriminatory environment for the institution and conducting an effective review of the allegations. The institution should inform the requesting party that the institution cannot guarantee confidentiality and that even granting requests for confidentiality shall not prevent the institution from reporting information or statistical data as required by law, including the Clery Act.
Retaliation:
Anyone who has made a report or complaint, provided information, assisted, participated or refused to participate in any investigation or resolution under applicable Board or institution policy shall not be subjected to retaliation. Anyone who believes they have been subjected to retaliation should immediately contact the appropriate department or individual(s) for that institution. Any person found to have engaged in retaliation shall be subject to disciplinary action, pursuant to the institution’s policy.
False Complaints/Statements:
Individuals are prohibited from knowingly giving false statements to an institution official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, in violation of applicable Board or institution policy shall be subject to appropriate disciplinary action (up to and including suspension or expulsion) and adjudicated pursuant to the institution’s policy.
Amnesty:
Students should be encouraged to come forward and report violations of the law and/or student code of conduct notwithstanding their choice to consume alcohol or drugs. Information reported by a student during the conduct process concerning their consumption of drugs or alcohol will not be voluntarily reported to law enforcement; nor will information that the individual provides be used against the individual for purposes of conduct violations. Nevertheless, these students may be required to meet with staff members regarding the incident and may be required to participate in appropriate educational program(s). The required participation in an educational program under this amnesty procedure will not be considered a sanction. Nothing in this amnesty procedure shall prevent a university staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.
4.7.2 Process for Investigating and Resolving Reports of Student Misconduct
Jurisdiction:
Each institution shall take necessary and appropriate action to protect the safety and well-being of its community. Accordingly, student conduct should be addressed when such acts occur on institution property, at institution-sponsored or affiliated events, or otherwise violate the institution’s student conduct policies, regardless as to where such conduct occurs.
Access to Advisors:
The Respondent shall have the right to have an advisor (who may or may not be an attorney) of the party’s choosing, and at their own expense, for the express purpose of providing advice and counsel. The advisor may be present during meetings and proceedings during the investigatory and/or resolution process at which his or her advisee is present. The advisor may advise their advisee in any manner, including providing questions, suggestions, and guidance on responses to any questions posed to the advisee, but shall not participate directly during the investigation or hearing process.
Initial Evaluation of Student Conduct Reports:
An allegation of a violation of the Code of Conduct may be filed by any institution or other USG employee, any student, or any member of the public. Regardless of how an institution becomes aware of alleged misconduct, the institution shall ensure a prompt, fair, and impartial review and resolution of complaints alleging student misconduct. Where a report of student misconduct has been made to the appropriate department and/or person, the institution shall review the complaint to determine whether the allegation(s) describes conduct in violation of the institution’s policies and/or code of conduct. If the reported conduct would not be a violation of the institution’s policies and/or code of conduct, even if true, then the report should be dismissed. Otherwise, a prompt, thorough, and impartial investigation, and review shall be conducted into each complaint received to determine whether charges against the Respondent should be brought.
Temporary Remedial Measures
Temporary remedial measures may be implemented by the institution at any point after the institution becomes aware of the alleged student misconduct and should be designed to protect any student or other individual in the campus community. To the extent interim measures are imposed, they should minimize the burden on the Reporter, the Respondent, and the campus community, where feasible. Temporary remedial measures may include, but are not limited to:
1. Change of housing assignment;
2. Issuance of a “no contact” directive;
3. Restrictions or bars to entering certain institution property;
4. Changes to academic or employment arrangements, schedules, or supervision; and
5. Other measures designed to promote the safety and well-being of the parties and the institution’s community.
Interim Suspension
An interim suspension should only occur after determining that temporary remedial measures are not sufficient and should be limited to those situations where the respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the institution should consider the existence of a significant risk to the health or safety of the Reporter or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.
When an interim suspension is issued, the terms of the suspension take effect immediately. The Respondent shall receive notice of the interim suspension and the opportunity to respond within three business days of receipt. The institution will then determine whether the interim suspension should continue.
Initiation of Proceedings.
1. The student conduct office will review each allegation and determine if it could amount to a violation of the institution’s student code of conduct or other applicable policies and will charge the student accordingly.
2. The student will be notified of the alleged violation(s) in writing and given the opportunity to resolve informally the matter by attending a Preliminary Disciplinary Meeting with the student conduct office.
3. During the Preliminary Disciplinary Meeting, the student will be informed of his/her right to due process and the opportunity to waive a hearing and accept responsibility for the alleged violation(s) presented. By accepting responsibility, the student may also receive a recommendation of lower sanctions (as applicable) from the student conduct office. If the student accepts responsibility for the alleged violation(s) and the recommended sanctions, the student and the student conduct officer will sign a notice of the admission of responsibility, and the imposed sanctions will take effect immediately. Upon acceptance of responsibility and the sanctions, the student waives any appeal rights associated with those charges.
4. If the student denies responsibility and/or refuses to accept the recommended sanctions, the student conduct office shall complete any necessary remaining investigation, and the findings of the investigative review shall be used to determine the appropriate route or resolution of the case.
5. If the student fails to attend the Preliminary Disciplinary Meeting, the institution will move forward with a hearing to determine responsibility and sanctions. If sanctions are subsequently issued, the student will be given an assigned deadline (to be determined by the institution) to appeal the decision in writing.
Investigation
Throughout any investigation and resolution proceedings, a party shall receive written notice of the alleged misconduct, shall be provided an opportunity to respond, and shall be allowed to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting. If a party chooses to remain silent or otherwise not participate in an investigation, the investigation may still proceed and policy charges may still result and be resolved. Timely access to information that will be used during the investigation will be provided to the Respondent.
An investigator shall be an individual other than the Student Conduct Officer (or staff member) who adjudicates the incident in question. This individual shall provide an unbiased review of the incident and charges. This individual shall be identified and approved by the chief student affairs officer of the institution.
Where the potential sanctions for the alleged misconduct may involve a suspension or expulsion (even if such sanctions were to be held “in abeyance,” such as probationary suspension or expulsion) the institution’s investigation and resolution procedures must provide the additional minimal safeguards outlined below:
1. The Respondent shall be provided with written notice of the complaint/allegations, pending investigation, possible charges, possible sanctions, and available support services. The notice should also include the identity of any investigator(s) involved. Notice should be provided via institution email to the address on file.
2. Upon receipt of the written notice, the Respondent shall have at least three business days to respond in writing. In that response, the Respondent shall have the right to admit or to deny the allegations, and to set forth a defense with facts, witnesses, and supporting materials. A non- response will be considered a general denial of the alleged misconduct.
3. If the Respondent admits responsibility, the process may proceed to the sanctioning phase or may be informally resolved, if appropriate.
4. If at any point the investigator determines there is insufficient evidence to support a charge or to warrant further consideration of discipline, then the complaint should be dismissed.
5. An investigator shall conduct a thorough investigation and should retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any party’s proffered witnesses not interviewed, along with a brief, written explanation of why the witnesses were not interviewed.
6. A final investigation report shall be provided to the Respondent. This report should clearly indicate any resulting charges (or alternatively, a determination of no charges), as well as the facts and evidence in support thereof, witness statements, and possible sanctions. For purposes of this Policy, a charge is not a finding of responsibility but indicates that there is sufficient evidence to warrant further consideration and adjudication.
7. The final investigation report should be provided to the misconduct panel or hearing officer for consideration in adjudicating the charges brought against the Respondent before any hearing. A copy shall also be provided to the Respondent before any hearing. The investigator may testify as a witness regarding the investigation and findings but shall otherwise have no part in the hearing process and shall not attempt to otherwise influence the proceedings outside of providing testimony during the hearing.
Resolution/Hearing
In no case shall a hearing to resolve charge(s) of student misconduct take place before the investigative report has been finalized.
Where the Respondent indicates that they contest the charges and the investigative report has been finalized and copies provided to the Respondent, the matter shall be set for a hearing. However, the Respondent may have the option of selecting informal resolution in certain student misconduct cases except where deemed inappropriate by the institution Chief Student Affairs Officer (or their designee) or Assistant Vice Chancellor for Student Affairs at the University System Office.
Where a case is not resolved through informal resolution or informal resolution is not available due to the nature of the charges, the Respondent shall have the option of having the charges heard either by an administrator (Hearing Officer) or a Hearing Panel. If an administrative hearing is requested, the Student Conduct Officer shall use their discretion to determine whether the case should be heard by a Hearing Panel. Notice of the date, time, and location of the hearing shall be provided to the Respondent at least five business days prior to the hearing. Notice shall be provided via institution email where applicable. Hearings shall be conducted in person or via conferencing technology as reasonably available. Additionally, the following standards will apply to any such hearing:
1. The Respondent shall have the right to present witnesses and evidence to the hearing officer or panel. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the case being heard. The Respondent shall have the right to confront any witnesses by submitting written questions to the Hearing Officer or Hearing Panel for consideration. Advisors may actively assist in drafting questions. The Hearing Officer or Hearing Panel shall ask the questions as written and will limit questions only if they are unrelated to determining the veracity of the charge leveled against the Respondent(s). In any event, the Hearing Officer or Hearing Panel shall err on the side of asking all submitted questions and must document the reason for not asking any particular questions.
2. Where the Hearing Officer or Hearing Panel determines that a party or witness is unavailable and unable to be present due to extenuating circumstances, the Hearing Officer or Hearing Panel may establish special procedures for providing testimony from a separate location. In doing so, the Hearing Officer or Hearing Panel must determine whether there is a valid basis for the unavailability, ensure proper sequestration in a manner that ensures testimony has not been tainted, and make a determination that such an arrangement will not unfairly disadvantage any party. Should it be reasonably believed that a party or witness who is not physically present has presented tainted testimony, the Hearing Officer or Hearing Panel will disregard or discount the testimony.
3. Formal judicial rules of evidence do not apply to the investigatory or resolution process.
4. The standard of review shall be a preponderance of the evidence.
5. Institutions should maintain documentation of the proceedings, which may include written findings of fact, transcripts, audio recordings, and/or video recordings.
6. Following a hearing, the Respondent shall be simultaneously provided a written decision via institution email (where applicable) of the outcome and any resulting sanctions. The decision should include details on how to appeal, as outlined below. Additionally, the written decision must summarize the evidence relied on in support of the outcome and the rationale for the resulting sanction. The same form will be completed, regardless of whether the student opts for a hearing panel or an administrative proceeding.
4.7.3 Possible Sanctions
In determining the severity of sanctions or corrective actions the following should be considered: the frequency, severity, and/or nature of the offense; history of past conduct; a respondent’s willingness to accept responsibility; previous institutional response to similar conduct; strength of the evidence; and the wellbeing of the university community. The institution will determine sanctions and issue notice of the same, as outlined above.
The broad range of sanctions includes: expulsion; suspension for an identified time frame or until satisfaction of certain conditions or both; temporary or permanent separation of the parties (e.g., change in classes, reassignment of residence, no contact orders, limiting geography of where parties can go on campus) with additional sanctions for violating no-contact orders; required participation in sensitivity training/awareness education programs; required participation in alcohol and other drug awareness and abuse prevention programs; counseling or mentoring; volunteering/community service; loss of institutional privileges; delays in obtaining administrative services and benefits from the institution (e.g., delaying registration, graduation, or diplomas); additional academic requirements relating to scholarly work or research; financial restitution; or any other discretionary sanctions directly related to the violation or conduct.
For suspension and expulsion, the institution must articulate, in its written decision, the substantial evidence relied upon in determining that suspension or expulsion were appropriate. For purposes of this Policy substantial evidence means evidence that a reasonable person might accept to support the conclusion.
4.7.4 Appeals
Appeals may be allowed in any case where sanctions are issued, even when such sanctions are held “in abeyance,” such as probation or expulsion. Where the sanction imposed includes a suspension or expulsion (even for one held in abeyance), the following appellate procedures must be provided.
The Respondent shall have the right to appeal the outcome on any of the following grounds: (1) to consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing (or appeal), because such information was not known or knowable to the person appealing during the time of the hearing (or appeal); (2) to allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing (or appeal), including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by a conflict of interest or bias by the Conduct Officer, investigator(s), decision makers(s); or (3) to allege that the finding was inconsistent with the weight of the information. The appeal must be made in writing, must set forth one or more of the bases outlined above, and must be submitted within five business days of the date of the final written decision. The appeal should be made to the institution’s President or their designee.
The appeal shall be a review of the record only, and no new meeting with the Respondent is required. The President or their designee may affirm the original finding and sanction, affirm the original finding but issue a new sanction of greater or lesser severity, remand the case back to any lower decision maker to correct a procedural or factual defect, or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand. The President or their designee’s decision shall be simultaneously issued in writing to the parties within a reasonable time period. The President or their designee’s decision shall be the final decision of the institution.
Should the Respondent wish to appeal the final institutional decision, they may request review by the Board of Regents in accordance with the Board of Regents’ Policy 6.26 on Application for Discretionary Review.
Appeals received after the designated deadlines above will not be considered unless the institution or Board of Regents has granted an extension prior to the deadline. If an appeal is not received by the deadline the last decision on the matter will become final.
4.7.5 Recusal/Challenge for Bias
Any party may challenge the participation of any institution official, employee or student panel member in the process on the grounds of personal bias by submitting a written statement to the institution’s designee setting forth the basis for the challenge. The designee shall not be the same individual responsible for investigating or adjudicating the conduct allegation. The written challenge should be submitted within a reasonable time after the individual knows or reasonably should have known of the existence of the bias. The institution’s designee will determine whether to sustain or deny the challenge and, if sustained, the replacement to be appointed.