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.
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 pm |
Mon-Fri, 8:30 - 11:00 am and 1:00 - 6:00 pm |