II. Disciplinary
Administration
A.
Disciplinary Procedures:
1. All alleged acts
of student misconduct (except violations of motor vehicle regulations)
may be reported to the Vice President for Student Affairs who is the principal
administrator to enforce university disciplinary measures pertaining to
student conduct violations. Cases involving charges of alleged misconduct
must be carefully documented in writing and substantial evidence must be
presented to help prove the alleged offense. In matters of alleged academic
dishonesty or classroom disruption, a faculty member either:
(a) Reserves the right
and judgment to privately handle individual student cases. The corrective
action to be taken may include a grade penalty or removal from the course
with the assigned grade of "F". The faculty member will review the facts
and circumstances and then discuss the circumstances with the student before
taking final action. In the event the student cannot be reached, he/she
will be given the grade of "Incomplete" until such time as he/she can be
reached. The student shall have the right of appeal of the faculty member's
decision, first to the faculty member's department head, and then to the
appropriate school dean, and, if necessary, to the Vice President for Academic
Affairs.
When an appeal for academic
dishonesty violation reaches the office of the Vice President for Academic
Affairs, the Vice President may choose to refer the appeal to the Academic
Dishonesty Appeal Committee for its review and recommendation before making
a final decision. Such a referral to this committee is not required.
The Academic Dishonesty
Appeal Committee shall be composed of four faculty members and four students.
One faculty member from each of the four schools shall be recommended by
the Dean of each school and appointed by the Vice President for Academic
Affairs. The four student representatives shall be recommended by the President
of the Tau Alpha Pi Honor Society and appointed by the Vice President for
Academic Affairs.
A faculty member of the
appeals committee shall be appointed as chairperson by the Vice President
for Academic Affairs. A quorum for committee meetings shall be five and
the chairperson shall vote only in the event of a tie. All normal hearing
and due process procedures will be followed in all cases referred to the
Academic Dishonesty Appeal Committee.
Removal of a student from
a course for academic dishonesty or disruptive behavior will result in
a grade of "F". This grade of "F" shall not be superseded by a voluntary
withdrawal from the course and will be included in the student's cumulative
grade point average calculated for graduation purposes; or
(b) The alleged academic
dishonesty or classroom disruption violation may be referred to the Vice
President for Student Affairs (with documentation) to be handled the same
as any other alleged misconduct violation. If an academic dishonesty or
classroom disruption case is referred to the Vice President for Student
Affairs, the faculty member must reserve judgment on any grade penalty
until there is a determination of guilt or innocence.
2. The Vice President
for Student Affairs shall cause to be investigated alleged acts of student
misconduct and may appoint a staff member to conduct an inquiry into alleged
misconduct and recommend what further action, if any, might be initiated.
When additional action is justified, the Vice President for Student Affairs
shall notify the accused student(s) in writing.
3. When the Vice President
for Student Affairs gives written notification to a student(s) for alleged
misconduct, it shall contain a statement of the nature of the alleged or
suspected misconduct and state the section(s) of the conduct code allegedly
violated.
4. The Vice President
for Student Affairs or his designee will normally confer with the accused
student(s) and at the conference the student(s) may (1) admit or deny the
alleged violation, (2) waive further hearing and request that the Vice
President for Student Affairs take appropriate action, or (3) request a
hearing as specified in Section 5 or 6 below.
5. Cases of misconduct
which may result in suspension or expulsion normally will be referred to
the Judicial Committee, which shall hear them. (This does not preclude
possible legal actions by appropriate law enforcement agencies in those
cases of non-academic misconduct in violation of federal, state, or local
law.)
6. If the case does not
involve possible suspension or expulsion, the Vice President for Student
Affairs may make full disposition of the case except that he may, at the
request of the accused or for good cause, refer any case of misconduct
to the Judicial Committee.
7. A student accused of
an act of misconduct is encouraged to notify his or her parents or guardian
of the charge(s). Parents or guardians may schedule a conference with the
Vice President for Student Affairs if they so request.
8. An accused student
may continue to attend classes and other school functions until a decision
is rendered. Exceptions to this will be when a student's presence may create
a clear and present danger of materially interfering with the normal operations
of the school or when a material threat exists to members of the campus
community. In such cases, the Vice President for Student Affairs may impose
temporary protective measures, including interim suspension, pending a
hearing. A student is not entitled to continue in class while a suspension
decision is under appeal.
9. After a disciplinary
decision has been made, the Vice President for Student Affairs shall give
written notice of the action taken to party or parties who initiated the
original misconduct complaint.
B. Student/Faculty
Judicial Committee:
The Judicial Committee
shall consist of three members of the faculty, one of whom shall be selected
by the committee as chairperson, and three students selected by the Student
Government Association. The three members of the faculty are appointed
for two-year terms by the President of the University. They may succeed
themselves, but must be reappointed by the President.
C. Procedural
Rights of the Accused:
1. A student accused
of misconduct and summoned to a hearing before the Judicial Committee shall
have the right to
(a) Be accompanied
by an advisor of his or her choice. The chosen advisor, however, may not
actively participate in the dialog of the hearing but will be restricted
to consulting and advising his or her client.
(b) Remain silent
with no inference of guilt drawn therefrom.
(c) Question the complainant
and all witnesses.
(d) Present evidence
in his or her behalf.
(e) Call pertinent
witnesses in his or her behalf.
(f) Appeal the final
disciplinary decision of the Vice President for Student Affairs.
D. Hearing
Procedures:
1. The Vice President
for Student Affairs shall set the date, time, and place of the hearing,
shall notify the members of the hearing body, and shall summon all principals
in the case (defendants and witnesses).
2. The Vice President
for Student Affairs shall notify the accused student(s) in writing at least
three days before the scheduled hearing. The written notification should
be by certified, return receipt mail or personal service delivery. The
written notification should specify:
(a) The date, time
and place of the hearing.
(b) A statement of
the nature of the suspected misconduct of which the person is being accused,
with sufficient detail to ensure opportunity to prepare for the hearing.
(c) Names of witnesses
scheduled to appear.
3. If the accused
student is properly notified of a hearing but refuses to accept the certified
letter or otherwise does not appear at the hearing, the Judicial Committee
may proceed with the hearing in the absence of the accused student. The
student may request a rescheduled hearing in the event of a verifiable
conflict with the original hearing date.
4. Decisions of the
committee shall be by majority vote. A quorum for the Judicial Committee
shall consist of four members (two faculty and two students).
5. Any member of the
Judicial Committee shall disqualify himself or herself if his or her personal
involvement in the hearing is of such a nature as to prejudice the case.
6. The hearings of
the Judicial Committee shall be open for cases of student misconduct
but shall be closed for cases of academic dishonesty. The Judicial
Committee may exclude any person who interferes with the hearing.
7. The Judicial Committee
shall have the option of making a tape recording of the proceedings or
maintaining a written summary outline of the proceedings. This information,
when completed, shall become part of the student's disciplinary file which
is maintained by the Vice President for Student Affairs.
8. The chairperson
of the Judicial Committee shall, within three working days, submit a written
summary of the case along with the committee's recommended disciplinary
actions to the Vice President for Student Affairs, who will make the final
decision and notify the accused in writing. The Vice President for Student
Affairs shall also provide written notification of the action taken to
the party or parties who initiated the original misconduct complaint. Further
distribution of this information shall be restricted because of the confidentiality
requirements for student records.
E. Disciplinary
Measures:
1. Expulsion-a permanent severance of the student's relationship with
the university.
2. Disciplinary suspension-a temporary severance of the student's relationship
with the university. Normally, a disciplinary suspension action shall take
effect immediately following notification to the student of the disciplinary
action. Disciplinary suspension usually will continue for a specified period
of time (not less than one term not including the term when the suspension
action is initiated). A student who has been suspended shall receive a
letter grade of "WF" in all courses for that term.
Once the period of suspension has been completed, the student shall be
eligible to register for classes following consultation with the Vice President
for Student Affairs. The student will return to school on automatic disciplinary
probation until graduation. If a student is suspended for a period of time
of more than one calendar year, that individual must follow normal procedures
for readmission outlined in the university catalog.
3. Disciplinary Probation-formal written notice to the student that
any further major disciplinary problems may result in suspension. Disciplinary
probations may also include community service, fines, restrictions and/or
restitution for the damage or destruction of property or for personal injury
(medical expenses).
4. Reprimand/Warning:
(a) Oral reprimand/warning-an oral disapproval issued to the student
(b) Written reprimand/warning-a written statement of disapproval to
the student
5. Restrictions-exclusion from participating in:
(a) Social activities
(b) Identification card privileges
6. Fines
7. Restitution-a reimbursement for damage to or misappropriation of
property; this may take the form of appropriate service or other compensation.
8. In cases where a student has been found guilty of academic dishonesty
in a particular course, the faculty member may assess an additional academic
penalty. Grade penalties are a faculty prerogative only and not part of
the disciplinary measures to be administered by the Vice President for
Student Affairs.
F. Appeal
Procedures:
1. An accused or
an accuser who is dissatisfied with the action taken by the Vice President
for Student Affairs (or the Vice President for Academic Affairs, in academic
dishonesty cases) may appeal the case in writing to the President of the
University within five school days after notification of the action. Such
appeal shall recite all reasons for dissatisfaction with the previous decision
and shall normally require some evidence that procedural due process rights
have been violated or that significant new evidence exists that was not
considered during the original hearing. A student is not entitled to continue
in class while a suspension decision is under appeal. The President, within
five school days, may refer the appeal to the Faculty Council and simultaneously
notify the Vice President for Student Affairs (or Vice President for Academic
Affairs). The appropriate Vice President shall be responsible for notifying
the party or parties who initiated the original complaint that an appeal
is in process. If requested, the Faculty Council shall review all facts
and circumstances connected with the case and ensure that all sides of
the case are adequately reviewed. Within five school days the Faculty Council
shall make its findings and forward its recommendation to the President.
After consideration of the committee's report, the President shall within
five school days make a decision and notify the appellant in writing.
2. The accused or
an accuser who is dissatisfied with the action taken by the President may
appeal the case in writing to the Executive Secretary of the Board of Regents
of the University System of Georgia within a period of 20 days following
the decision of the President. This application for review shall state
the decision complained of and the redress desired. A review by the board
is not a matter of right, but is within the sound discretion of the board.
If the application for review is granted, the Board, or a committee of
the Board, shall investigate the matter thoroughly and render its decision
thereon within 60 days from the filing date of application for review or
from the date of any hearing which may be held thereon. The decision of
the Board shall be final and binding for all purposes.
III. Regents'
Statement of Disruptive Behavior
The following is the
policy of the Board of Regents in regarding disruptive behavior in any
institution of the University System. The rights, responsibilities, and
prohibitions contained in this statement are incorporated as a part of
these regulations.
"Any student, faculty
member, administrator, or employee, acting individually or in concert with
others, who clearly obstructs, disrupts, or attempts to disrupt any teaching,
research, administrative, disciplinary, public service activity, or any
other activity authorized to be discharged or held on any campus of the
University System is considered by the Board to have committed an act of
gross irresponsibility and shall be subject to disciplinary procedures,
possibly resulting in dismissal or termination of employment."
IV. Student
Rights and Responsibilities
A.
Student Responsibility:
Southern Polytechnic
State University students bear a general responsibility to support the
institution's effort to maintain a spirit of free inquiry and respect for
the rights of others. This responsibility imposes a duty on students to
refrain from conduct which is not consistent with the Southern Polytechnic
State University Student Conduct Code and also to support the enforcement
of civil laws where such enforcement is reasonably deemed necessary by
responsible officials to the safety and well being of the members of the
university community as well as the continued operation of the institution.
B. Right
of Freedom of Association:
Students at Southern
Polytechnic State University are free to organize and join associations
to promote their common interests. This organization is done according
to the rules constituted and set forth regarding establishing student organizations.
The regulations are complete and very explicit, and place cooperative responsibility
for the established organization and the protection of the rights of all
students.
C. Right
to Listen:
Students or properly
established organizations (note regulations for establishing student organizations)
are allowed to invite and to hear any person of their choosing for the
purpose of hearing his or her ideas and opinions.
If the President of Southern
Polytechnic State University, the Board of Regents, or an authorized designee
thereof, after proper inquiry, determines that the proposed speech constitutes
a clear and present danger to the ordinary operation of the university,
he or she can ban the speaker.
Regulations require clearing
such invitations through the Office of Student Activities for the purpose
of arranging for security through the university police department, publicity
through the public relations office, notification of campus organizations,
and information to the President.
D. Right
to Freedom of Expression:
Students at Southern
Polytechnic State University have the right to express their opinions freely
as a part of the educational process of the university. This includes the
right to make complaints to university officials about unfair or abusive
treatment, poor service or any other unacceptable behavior on the part
of any university office, department or agency.
They must, however, respect
the rights of others and allow them to be heard as they express their opinions.
The students are expected to tell the truth and be mindful of the liability
involved should what they express prove not to be fact. This freedom and
right to expression is only a right as long as the expressions do not disrupt
or interfere with the orderly operation of the campus.
E. Residence
Halls:
Should it become necessary
to inspect or have access to private quarters, the procedures listed in
the Residence Hall Guidebook will be followed.
V. Sexual
Assault Victim's Bill of Rights
The following rights
shall be accorded, by all campus officers, administrators, and employees
of Southern Polytechnic State University, to victims of campus-related
sexual assaults:
1. The right to have
any and all sexual assaults against them treated with seriousness; the
right, as victims, to be treated with dignity; and the right for campus
organizations which assist such victims to be accorded recognition.
2. The right to have
sexual assaults committed against them investigated and adjudicated by
the duly constituted criminal and civil authorities of the governmental
entity in which the crimes occurred; and the right to the full and prompt
cooperation and assistance of campus personnel in notifying the proper
authorities. The foregoing shall be in addition to any campus disciplinary
proceedings.
3. The right to be
free from any kind of pressure from campus personnel that victims not report
crimes committed against them to civil and criminal authorities or to campus
enforcement and disciplinary officials; or report crimes as lesser offenses
than the victims perceive them to be.
4. The right to be
free from any kind of suggestion that campus sexual assault victims not
report, or under-report, crimes because:
(a) victims are somehow
responsible for the commission of crimes against them;
(b) victims were contributorily
negligent or assumed the risk of being assaulted; or
(c) by reporting crimes
they would incur unwanted personal publicity.
5. The same right
to legal assistance, or ability to have others present, in any campus disciplinary
proceeding that the institution permits to the accused; and the right to
be notified of the outcome of such proceeding.
6. The right to full
and prompt cooperation from campus personnel in obtaining, securing, and
maintaining evidence (including a medical examination) as may be necessary
to the proof of criminal sexual assault in subsequent legal proceedings.
7. The right to be
made aware of, and assisted in exercising any options, as provided by State
and Federal laws or regulations, with regard to mandatory testing of sexual
assault suspects for communicable diseases and with regard to notification
to victims of the results of such testing.
8. The right to counseling
from any mental health services previously established by the institution,
or by other victim-service entities, or by victims themselves.
9. After campus sexual
assaults have been reported, the victims of such crimes shall have the
right to require that campus personnel take the necessary steps or actions
reasonably feasible to prevent any unnecessary or unwanted contact or proximity
with alleged assailants, including immediate relocation of the victim to
safe and secure alternative housing, and transfer of classes if requested
by the victims.
10. In addition to
the above rights, students, whether sexual assault victims or not, have
a right to habitability in campus housing and in campus accommodations
for which the university receives any compensation, direct or indirect.
Definition: For
purposes of this subparagraph, "habitability" shall mean an environment
free from sexual or physical intimidation, or any other continuing disruptive
behavior by persons sharing rooms or their guests, that is of such a serious
nature as would prevent a reasonable person from attaining their educational
goals. Substantiated violations of the above-listed habitability provisions
shall be corrected by campus personnel by relocation of the complainant
to acceptable, safe, and secure alternative housing as soon as practicable,
unless the conditions of nonhabitability demonstrate the necessity of immediate
action by campus personnel.
Victims of sexual assault
can obtain assistance from University Police, the Counseling Office, Campus
Nurse, Housing Office, or the Vice President for Student Affairs. In addition,
there are other services available in the Marietta area including:
Rape Crisis Center
- 428-2666
24-hour Hotline for information,
counseling, and crisis intervention sponsored by the Cobb County YWCA.
VI. Acquired
Immune Deficiency Syndrome (AIDS) Policy
It is the policy of
the Southern Polytechnic State University to provide academic programs,
support services, and social/recreational activities to all eligible individuals.
In the event that a student, faculty member, or staff member is diagnosed
as having Acquired Immune Deficiency Syndrome (AIDS), or there is clinical
evidence of infection with the Human Immunodeficiency Virus (HIV), they
shall retain their right to these programs, services, and activities. Students
and employees of the university who may become infected with the AIDS virus
will not be excluded from enrollment or employment, or otherwise restricted,
unless medically-based judgments in individual cases establish that exclusion
or restriction is necessary to the welfare of the individual or other members
of the university community.
No admissions restrictions
will be applied and no effort will be made to identify a person with AIDS
during the admission process.
Students with AIDS
will not be denied assignment to a campus residence hall but specific decisions
regarding housing assignments and roommates will be made on an individual
basis utilizing medical personnel as necessary.
Individuals who have
AIDS are expected to seek expert medical advice about their health condition
and are obligated to conduct themselves responsibly in the interest of
protecting others.
The University will
conduct an ongoing education program for students, faculty, and staff regarding
the transmission and prevention of AIDS in order to promote rational decision-making
and to minimize confusion and fear about this disease.
The University does
not have an AIDS Testing Service on campus. Individuals interested in AIDS
testing can talk with the campus nurse or contact one of the following
for assistance:
| AID Atlanta |
Cobb County Health
Department |
| 1438 W. Peachtree
St. |
1650 County Farm Road |
| Atlanta, GA |
Marietta, GA |
| Phone: (404) 872-0600 |
Phone: (770) 514-2300 |
| Free service including
pre- and post-test counseling |
$20.00 charge including
pre- and post-test counseling |
| Tuesdays, 2:00 - 5:00
p.m. |
Mon-Fri, 8:30 - 11:00
am and 1:00 - 6:00 p.m. |