Board of Regents Procedural Standards
Board of Regents Procedural Standards
ABSENCE OF RESPONDENT OR ACCUSED STUDENT
If the accused student or respondent is absent from the University community while a student conduct case is pending or if the student declines to participate in the student conduct 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 notification has been given, will have their cases adjudicated in absentia at the scheduled hearing time and will be bound by the findings and any associated sanctions.
AMNESTY
Students should be encouraged to come forward and report alleged 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 programs. 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 official or staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.
CONFIDENTIALITY
Where a complainant (where applicable) requests that their identity be withheld or the allegation(s) not be investigated, the institution should consider whether or not such a request(s) can be honored while still promoting a safe and nondiscriminatory institutional 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 and Georgia’s Max Gruver Act (see section 10 related to hazing).
FAILURE TO COMPLY
Failure to comply or respond as directed by the Student Conduct Coordinator, Associate Vice President for Student Affairs, the Student Conduct Board, or any other University official designated to address alleged conduct violations may result in additional conduct charges/violations. This includes but is not limited to a request to meet concerning an alleged violation of the Student Code of Conduct. Failure to comply with the request to meet may result in the placement of an administrative hold on the student’s records, which may prevent the student from conducting further official business with the University (i.e., registering for classes, reviewing grades, requesting transcripts).
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 after proper notification has been given.
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 shall be adjudicated pursuent to the institution's policy.
FERPA
The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CRF Part 99) is a Federal law that protects the privacy of student education records. The law applied to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students”.
INTERPRETATION/REVISIONS
Any question of interpretation of application of the Student Code of Conduct shall be referred to the Associate Vice President for Student Affairs or to his/her designee for final determination, unless otherwise determined by the President of the Institution.
The Student Code of Conduct shall be reviewed at least every three (3) years under the direction of the Vice President for Student Affairs. Any revisions shall be subject to the approval of the President.
JURISDICTION
All students are members of the University community. The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community and will address all alleged violations of the Student Code of Conduct that occur on University premises. Students, faculty, staff, and individuals not associated with the University may submit complaints regarding alleged violations that may have occurred on campus or off campus for review and action by the University. All complaints of alleged violations of the Student Code of Conduct shall be made in writing to a Student Conduct Officer.
The University may initiate student conduct proceedings for off-campus incidents when:
- Allegations of hazing are involved. (See Section 10).
- The violation is alleged to have been committed while:
- Participating in a University-sanctioned or sponsored activity; or
- The victim of the violation is a member of the University community; or
- The violation constitutes a felony under state or federal law; or
- The violation adversely affects the educational, research, or service function of the University.
University conduct proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.
Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Chief Student Conduct Officer. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to a violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
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 University email address contained in the Banner Student Information System. Notification may be sent to the student’s mailing address, upon request of the student.
RECORDS MANAGEMENT AND RETENTION
Student conduct records (including, but not limited to written statements, written findings of fact, transcripts, audio recordings, and/or video recordings), except those pertaining to suspension or expulsion, will be maintained for a minimum of five (5) years after the student’s date of graduation or date of last attendance (in accordance with USG Records Retention Schedule Number: 0472-06-038). Records involving suspension or expulsion will be retained permanently. All student conduct records are maintained electronically through the Maxient Student Conduct system. Student conduct records do not become a part of the student’s academic transcript, except in cases of suspension or expulsion.
RECUSAL/CHALLENGE FOR BIAS
Any party may challenge the participation of any institution official, employee, or student panel member in the student conduct process on the grounds of personal bias by submitting a written statement to the Vice President for Student Affairs, the institution’s designee setting forth the basis for the challenge. The Vice President for Student Affairs is not responsible for the investigation or adjudication of any alleged violation. The written challenge should be submitted within a reasonable time after the individual reasonably should have known of the existence of the bias. The Vice President for Student Affairs will determine whether or not to sustain or deny the challenge. If sustained, the Vice President for Student Affairs will appoint a replacement.
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 the target of retaliation should immediately contact the appropriate department or individual(s) for that institution (for Middle Georgia State University, this would be the Vice President for Student Affairs). Complaints may be sent electronically via the Middle Georgia State University Student Grievance/Complaint form. Any person found to have engaged in retaliation shall be subject to disciplinary action, pursuant to the institution’s policy.