MGA General Conduct Procedures
NOTE: Many of the following procedures are in accordance with the Board of Regents Procedural Standards listed previously.
ABSENCE OF RESPONDENT/LACK OF COOPERATION
- If the student is absent from the University community while a student conduct process is pending or if a 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 conference/hearing after proper notice has been given, will have their cases adjudicated in absentia at the scheduled hearing time and will be bound by the findings.
ACCOMMODATIONS FOR STUDENTS WITHIN THE CONDUCT PROCESS
- All students with disabilities who are involved in the student conduct process, including complainants, respondents, and witnesses may seek accommodations for any stage of the student conduct process, including panel hearings, administrative hearings, investigations, and any pre- or post-hearing meetings.
- Any student requesting an accommodation must do so far enough in advance to allow the request to be reviewed and an appropriate accommodation identified and implemented. Although there is no firm deadline beyond which an accommodation cannot be requested, the student will be held accountable for making any request in a timely fashion, and the University may not be able to provide an accommodation that is not requested with reasonable advanced notice before the accommodation is needed to allow time for review and implementation. Accordingly, each student seeking an accommodation is strongly encouraged to do so as early as possible in the student conduct process.
- Reasonable accommodations may be offered in consultation with the Office of Accessibility Services.
- 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; now 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 an appropriate educational program(s). The required participation in an education 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.
- 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.
- Failure to comply/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 incidents may result in additional conduct charges/violations.
- This includes, but is not limited to, a request to meet concerning an issue or a notice of alleged violation of the Student Code of Conduct.
- This may result in the immediate placement of an administrative hold on the alleged student’s records. This hold may prevent students from conducting further official business with the University (i.e., registering for classes, reviewing grades, requesting transcripts).
- 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 through MGA’s student conduct policy.
- Any question of interpretation or application of the Student Code shall be referred to the Associate Vice President for Student Affairs, the Student Conduct Coordinator, or his/her designee for final determination, unless otherwise determined by the President.
- The Student Code 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.
- 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. If the student has admitted responsibility and has voluntarily decided to participate in the informal process, other procedures outlined in this Code may not apply.
- 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 an alleged violation of the Student Code of Conduct shall be made in writing to the Student Conduct Officer and may be done electronically via the Behavior Incident Reporting Form.
- 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 e-mail address contained in the BANNER Student Information System.
- Per the BOR Records Retention Policy, Student conduct records (including, but not limited to 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 graduation or date of last attendance but at least one year after final notice to Immigration and Naturalization Service.
- Records involving suspension or expulsion will be retained permanently.
- All student conduct records are maintained electronically through the Maxient Student Conduct system.
- 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 Vice President for Student Affairs, the institution’s designee setting forth the basis for the challenge, as 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 to sustain or deny the challenge, and if sustained, appoint a replacement.
- 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 (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.