Procedures for Alleged Code of Conduct Violations

Adopted by President’s Cabinet 8/9/23

Definitions

Advisor: a person who may attend any portion of the conduct process at the request of a Respondent or Complainant (where applicable), for the purpose of observing and advising their advisee. The respondent or complainant (where applicable) is free to choose any advisor, but if choosing an advisor outside of EGSC’s pool of trained advisors, the Respondent or Complainant (where applicable) is responsible for all fees and expenses incurred.

Amnesty: Students are 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 an EGSC staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.

Associate Vice President for Conduct and Title IX (AVP): the employee authorized to oversee the Student Code of Conduct and Title IX processes, including receiving reports, conducting the initial case assessment, assigning cases to investigators, hearing officers, and hearing panels, and sending notices and information to the parties.

Complainant: an individual who is alleged to have experienced conduct that violates the Student Code of Conduct.

Conduct Conference: a meeting in the Informal or Formal Conduct Resolution Process where a Conduct staff member provides notice of a Report to the Respondent, advises them of the process, and takes a voluntary statement from the Respondent. If the Respondent chooses to accept responsibility and waive the right to a hearing, the Conduct Staff Member can serve as a Conduct Officer and determine appropriate sanctions.

Conduct Officer/Conduct Staff Member: a specially trained employee assigned by the AVP or their designee and who serves as the decision-maker regarding Minor policy violations and sanctions.

Formal Conduct Resolution Process: the investigation and resolution of any alleged Major Violation of the Student Code of Conduct, including those that may result in suspension or expulsion from EGSC or suspension or being banned from the Bobcat Villas.

Formal Hearing: a hearing conducted before a panel of a faculty, staff, and student to adjudicate any alleged and disputed Major Violations of the Student Code of Conduct, including those that may result in suspension or expulsion from EGSC or suspension or being banned from the Bobcat Villas.

Hearing Officer: a specially trained employee assigned by the AVP or their designee and who facilitates a hearing before the Student Conduct Panel in the Formal Conduct Resolution Process regarding Major Code of Conduct violations, or who is the single decision maker in the Informal Conduct Resolution Process for Minor Code of Conduct violations.

Informal Conduct Resolution Process: the investigation and resolution of any alleged Minor Violation(s) of the Student Code of Conduct.

Informal Hearing: a hearing to adjudicate any alleged and disputed Minor Violations of the Student Code of Conduct.

Informal Resolution: an informal meeting where the respondent chooses to waive rights to an informal or formal hearing and accept responsibility and sanctions.

Interim Suspension: a suspension during the investigation or before the Formal Conduct Resolution Process has concluded.

Investigator: a specially trained individual assigned by the AVP or their designee to conduct an impartial investigation and prepare an investigation report when a Report has been filed with EGSC.

Minor Violation: First-time and/or less severe offenses, not aggravated by additional circumstances or violations. Minor Violations include, but are not limited to, Failed Health and Safety Inspection; Failure to Comply; Noise complaint; Solicitation; Visitation Violation. The AVP or their designee makes final determination as to whether a violation is minor or major.

Major Violation: More severe offenses, including, but not limited to violations of EGSC’s drug and/or alcohol policies; multiple minor violations arising out of the same facts and circumstances; repeated violations; cases involving physical assault, disorderly conduct; substantial damage to property, theft of high-value items, or violations of Federal, State, or Local Laws; or egregious violations involving harassment or civility. The AVP or their designee makes final determination as to whether a violation is minor or major.

Notification: any email via EGSC email notifying a party, regardless of role, of important and timely information concerning a pending Conduct matter. Date and time of receipt of notification is the date and time of delivery of notification to the party’s EGSC or, if EGSC has not granted access to an EGSC email, otherwise designated email inbox.

Preponderance of the Evidence: the standard of review for all allegations of violations of the Student Code of Conduct. This standard requires that the evidence shows that it is more likely than not that the incident, act, or behavior alleged did occur.

Report: a report of an alleged violation of the Student Code of Conduct.

Reporter:  an individual who reports an allegation of conduct that may violate the Student Code of Conduct but who is not a party to the complaint.

Respondent:  any Student accused of violating the Student Code of Conduct.

Student: includes all persons admitted to and actively engaged at EGSC. This includes, but is not limited to, part-time, full-time, online, residential, commuter, and dual-enrolled students.

Student Conduct Hearing Panel:  a panel authorized and trained by the AVP or their designee to determine whether a student has violated the Student Code of Conduct and to determine sanctions that will be imposed when a violation has occurred. Student Conduct Hearing Panel will consist of three members: one faculty member, one staff member, and one student.

Campus Community Member:  any person enrolled or employed by or visiting EGSC, including students, faculty, staff, administrators, and employees, and recognized affiliated entities including EGSC Foundations, Student Organizations, EGSC Departments, and Official Volunteers, and visitors to the campus.

Campus Premises: all land, buildings, facilities, and other property in the possession of or owned, used, contracted with, or controlled by the Campus (including adjacent streets and sidewalks).

Confidentiality, False Statements, and Retaliation

Confidentiality: Where a Complainant (where applicable) requests that their identity be withheld or the allegation(s) not be investigated, EGSC will consider whether or not 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. EGSC will 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.

False Complaints/False 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 EGSC’s policy.

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.

Procedures

This process is intended to offer Students guidance and transparency while maintaining efficiency and consistency. The procedures for receiving, evaluating, and resolving alleged violations of the Student Code of Conduct, except for those of academic misconduct and sexual misconduct, are as follows.

1. 1. Filing a Report and Confidentiality

1. 1. 1. Any concerned individual, including, but not limited to faculty, staff, Students, and EGSC Community Members, may submit a Report of alleged misconduct by a Student to the Office of Student Conduct & Title IX.
         
         Reporters are encouraged to use the online reporting system (the "Incident Report" link). Reports can be made anonymously. However, Reporters and/or Complainants should understand that it will be more difficult for the College to investigate and to take action upon anonymous reports.
         
         Reports should contain as much information as possible, such as:
         • the type of misconduct alleged;
         • the name and contact information of the Respondent;
         • the date(s) of the misconduct, the name(s) and contact information of any individual(s) with information regarding the incident;
         • existence/availability of evidence;
         • if a criminal complaint has been made.
      2. Any report should be submitted as soon as possible after the events take place, preferably within 72 hours. Individuals filing a Report or wishing to learn more about the conduct process can arrange to meet with a staff member of the Office of Student Conduct without any obligation to file a Report. Reports not submitted in writing will be verified prior to beginning an investigation. EGSC will ensure a prompt, fair, and impartial review and resolution of Reports alleging Student misconduct.
   2. Receiving and Evaluating the Conduct Complaint ("Initial Evaluation")
      1. Upon receipt of a Report, the AVP or designee will evaluate the Report and determine the appropriate course of action, considering the following factors:
         • Verification of accuracy of Report;
         • Potential standard violated;
         • Severity of the alleged incident;
         • Review of previous Reports to determine whether the Respondent has been involved in similar prior incidents;
         • Whether an interim suspension may be appropriate.
      2. After receiving and reviewing the Report, the AVP or designee will determine which process will be used to resolve the case. There are two processes which may be used:
         • Informal – Reserved for first-time and/or less severe offenses not aggravated by additional circumstances and classified as Minor Violations.
         • Formal – More severe offenses classified as Major Violations.
      3. The AVP or designee will assign the Report to a Conduct Officer for investigation.
   3. Informal Conduct Resolution Process for Minor Violations
      1. The Respondent is notified via EGSC email of the Report and the EGSC’s process for investigating and resolving charges, along with the date and time of a Conduct Conference at least three open-campus days from the date of the notice.
      2. Upon receipt of the written notice, the Respondent will have those same three open-campus days to respond in writing prior to the scheduled Conduct Conference and/or to request an alternative date and/or time for the Conference. Conduct Officers may use their discretion when approving such requests. The Respondent may admit or deny the allegations and put forth a defense of facts, witnesses, and documents – whether written or electronic – in support of their defense. A non-response will be considered a general denial of the alleged misconduct.
      3. At the Conduct Conference, the Conduct Officer will review the Report, any supporting documentation or evidence of the alleged violation, as well as any sanctions typically given to those violating the specific Code of Conduct at issue.  The Respondent may review the supporting documentation or evidence and to ask any questions about the Respondent’s rights and responsibilities.
      4. At the Conference, if the Respondent has not already done so, the Respondent may supply a written statement explaining his or her defense and any mitigating circumstances.
      5. At the conclusion of the Conduct Conference, the Conduct Officer will make a determination of responsibility and sanctions based on all evidence and documentation presented at the Conference. The standard of evidence used is a preponderance of the evidence. While Respondents are not required to be present, it is in the Respondents’ best interest to attend, as a determination will be made at the conclusion of that Conference. Failure to attend a Conduct Conference after notification may result in the charges being settled without the Respondent's participation.
      6. Within five open-campus days of the Conference, the Conduct Officer will issue a notification to the student via EGSC email concerning the decision and any sanctions, with a rationale supporting the decision and any sanctions.
      7. Within five open-campus days of the decision, Respondents may request in writing or via their EGSC email a Hearing Panel to review the facts and circumstances of the case. Upon such a request, the Conduct Officer will refer the case to a Hearing Officer. The Conduct Officer will serve as investigator of the case and prepare an investigation report for the Hearing Officer’s review. That report will contain (i) a summary of the allegations, (ii) applicable policies or procedures, (iii) a description or explanation of the evidence obtained and reviewed, (iv) a statement of the evidentiary standard, (v) the undisputed and disputed relevant facts, (vi) and potential sanctions.
      8. The matter will then be processed in the same way as a Hearing Panel for a Major Violation.
   4. Formal Conduct Resolution Process for Major Violations
      ​​​​​​​Where the alleged violations fall into the Major Violations definition, and/or the potential sanctions for the alleged misconduct may involve a suspension or expulsion, the following procedures will apply.
      1. EGSC will share substantial reports with the University System of Georgia's System Director for additional guidance, as appropriate.
      2. The AVP or designee will communicate with the Respondent and Complainant (when applicable) and provide written notice of the allegations, pending investigation, possible charges, possible sanctions, and available support services, as well as the date of a Conduct Conference at least three days from the date of the notice.
      3. Upon receipt of the written notice, the Respondent will have those same three open-campus days to respond in writing prior to the scheduled Conduct Conference and/or to request an alternative date and/or time for the Conference. Conduct Officers may use their discretion when approving such requests. The Respondent may admit or deny the allegations and put forth a defense of facts, witnesses, and documents – whether written or electronic – in support of their defense. A non-response will be considered a general denial of the alleged misconduct.
      4. At the Conduct Conference, the Conduct Officer will review the Report, any supporting documentation or evidence of the alleged violation, as well as any sanctions typically given to those violating the specific Code of Conduct at issue.  The Respondent may review the supporting documentation or evidence and ask any questions about the Respondent’s rights and responsibilities.
      5. At the Conference, if the Respondent has not already done so, the Respondent may supply a written statement explaining his or her defense and any mitigating circumstances.
      6. If the Respondent admits responsibility, the process will proceed to the sanctioning phase before a Hearing Panel.
      7. If, at any point, the Investigator or Hearing Officer determines there is insufficient evidence to support a charge or to warrant further consideration of discipline, then the complaint should be dismissed.
      8. The investigation will consist of interviews of the Complainant (where applicable), Reporter, Respondent, and witnesses identified by the parties, the collection and review of documents or other physical or electronic information, as well as other actions that are appropriate. The Investigator should retain written notes and/or obtain written or recorded statements from each interview. The Investigator will also keep a written record of any proffered witnesses not interviewed, along with a brief, written explanation. The purpose of the investigation is to determine if there is sufficient evidence to proceed with the charges under the Student Code of Conduct.
      9. The Investigator will prepare an investigation report, which will contain (i) a summary of the allegations, (ii) applicable policies or procedures, (iii) a description or explanation of the evidence obtained and reviewed, (iv) a statement of the evidentiary standard, (v) the undisputed and disputed relevant facts, (vi) and potential sanctions.
      10. The Hearing Officer (or their designee) will schedule the hearing. Notice of the date, time, and location of the hearing, will be provided to the Respondent and Complainant (where applicable) at least five open-campus days prior to the hearing.
      11. Prior to a scheduled hearing, the Hearing Officer will provide via EGSC email a copy of the investigative report to the Respondent and the Respondent’s advisor of record, the Complainant and Complainant's advisor of record (where applicable), as well as to the Student Conduct Panel who have been assigned to hear the case and who have confirmed their attendance at the hearing.
      12. Within five open-campus days after the hearing, the Respondent and Complainant (where applicable) will be provided a written decision via EGSC email of the outcome and any resulting sanctions. Students under age 21 found responsible of drug or alcohol violations will have parents notified by EGSC, as provided by FERPA.
   5. Disciplinary Sanctions
      1. Disciplinary sanctions for Non-Academic Misconduct may be imposed upon a student or student organization for an infraction of the Student Conduct Code. The AVP for Student Conduct and Title IX or their designee or a Student Conduct Hearing Panel may issue discretionary sanctions that are directly related to the violation or conduct, and to enlarge or modify sanctions to meet particular circumstances in any given case.
      2. The following is a non-exhaustive list of possible disciplinary sanctions which may be imposed upon a student or student organization for an infraction of the Student Conduct Code.
         • Expulsion - permanent severance of the student’s relationship with EGSC.
         • Suspension - temporary severance of the student’s relationship with EGSC for a specific period of time.
         • Probation - notice to the student that any further major disciplinary violation may result in suspension.
         • Residence Hall Removal –severance of the student’s relationship with on-campus housing at EGSC can be temporary or permanent.
         • Withdrawal of Recognition of Student Organization – disbanding of membership and withdrawal of recognition and privileges associated with being a student organization at EGSC.
         • Educational Sanctions – specific projects to be completed by the student, such as, but not limited to, writing a research paper on a specific topic, performing community service, or attending an educational event.
         • Reprimand a. Oral Reprimand - an oral disapproval issued to the student by the deciding disciplinary official(s). b. Letter Reprimand - a written statement of disapproval from the disciplinary official(s).
         • Restrictions - exclusion from participation in: a. Social activities b. Recreational areas c. Identification card privileges d. Visitation procedures inside on-campus housing
         • Restitution - reimbursement for damage to or misappropriation of property; this may take the form of appropriate service or other compensation.
         • Forced Withdrawal - from the academic course within which the offense occurred without credit for the course.
         • Class Change – removal from a specific class and placement in another.
         • Disciplinary Hold –a HOLD will be placed on a student’s EGSC account when they have not completed sanctions imposed as a result of a Conduct Code violation or when a student fails to participate in the initial disciplinary process.
         • Banned - students lose their privilege to be on any EGSC campus site or at any EGSC sponsored event. A banned student may not enter any part of the campus without specific authorization from the Office of Student Conduct.
         • No Contact – The student(s) may be prohibited from personal contact with specific person(s).
         • Loss of Institutional Privileges – Student may be prohibited from availing themselves of customary institutional privileges granted to all students.
         • Behavior Contract - Disciplinary Process Sanction
   6. Panel Appeals Process and Deadlines
      1. Initial appeal should be made in writing or via EGSC email to the President of EGSC or designee must be made within five open campus days of final written decision.
      2. President’s Decision on appeal must be made and communicated to student within five open campus days of receipt of appeal. The decision of the President or his designee shall be the final decision of the institution.
      3. The appeal shall be a review of the record only and no new meeting with the respondent or complainant is required. At the conclusion of the review by the President, a decision will be made within the range of possible outcomes as stated in Board of Regents’ Policy 4.6.5.
      4. Application for Discretionary Review to University System of Georgia:  the student may file an application for discretionary review in writing to University System of Georgia (USG) Office of Legal Affairs within 20 calendar days following the final institution decision.  USG Legal Affairs may, in its discretion, deny the application for review or refer the application to a committee for review. The decision of the USG is final and binding for all purposes. This constitutes the final appeal per Board of Regents’ Policy 4.6.5 and 6.28.