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Judicial Review Process

Student Code of Conduct

Authority

  1. The Code is not written with the specificity of a criminal statute and should not be confused with criminal law. College conduct proceedings are not restricted by the rules of evidence governing criminal and civil proceedings. Students may be charged under multiple sections of the Student Code of Conduct (Non-Academic Misconduct, the Academic Misconduct) based upon the same conduct. Students may be held accountable both to civil or criminal authorities and the college for acts that constitute violations of law and the Policy. Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings.
  2. Sexual misconduct is not governed by this Code, but by the Sexual Misconduct Policy, including its procedures and sanctions.
  3. Any question of the interpretation or application of the Code shall be referred to the Assistant Vice President of Academic Retention and Resources for final determination.
  4. In any instance in which a student code of conduct case requires or results in an academic integrity violation/sanction; the student code of conduct case will take precedence. The dual cases will be investigated and adjudicated in concert.

Jurisdiction

  1. The College 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 college property, at college-sponsored or affiliated events, or otherwise violate the college’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, the procedures outlined in this section will not apply. Academic misconduct relevant to any college activity will be addressed regardless of where it may have occurred. Non-academic misconduct will be addressed whenever such acts:
    1. occur on college Premises;
    2. occur at college-sponsored activities;
    3. occur at Student Group or Organization Activities;
    4. occur online or through an electronic medium; or
    5. occur off College Premises when conduct adversely affects the College and/or the pursuit of its objectives.

Interim Measures

Interim measures may be implemented by the college at any point after the college becomes aware of the alleged student misconduct and should be designed to protect any student or other individual in the USG community. To the extent interim measures are imposed, they should minimize the burden on both the alleged victim Complainant (where applicable) and the Respondent, where feasible. Interim measures may include, but are not limited to:

  1. Issuance of a “no contact” directive;
  2. Restrictions or bars to entering certain College Premises;
  3. Changes to academic or employment arrangements, schedules, or supervisions;
  4. Interim suspension; and
  5. Other measures designed to preserve the safety and well-being of the parties and the College’s Community.

Any reports that involve allegation(s) of conduct that could lead to the suspension or expulsion of the Respondent(s) in an initial report must be promptly reported to the System Director.

Interim Suspension:

In certain circumstances the Assistant Vice President of Academic Retention & Resources may impose a suspension prior to the investigation and resolution process.

  1. The Assistant Vice President of Academic Retention & Resources will determine if interim suspension is warranted. Interim suspensions should occur only where necessary to maintain safety and shall be limited to situations where the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the Assistant Vice President of Academic Retention & Resources shall consider the existence of a significant risk to the health or safety of the Complainant (where applicable) or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.

    Before an interim suspension is issued, the institution must make reasonable efforts to give the Respondent the opportunity to be heard on whether the Respondent’s presence on campus poses a danger. If an interim suspension is issued, the terms of the suspension shall take effect immediately. The Respondent shall receive notice of the interim suspension and the opportunity to respond to the interim suspension. The student shall be notified in writing of this action and the reasons for the interim suspension. Within three business days of receiving a challenge the institution will determine whether the interim suspension should continue.

  2. During the interim suspension the student may be denied access to classes, campus facilities, and all other College activities or privileges.
  3. Cases of interim suspension shall be given priority and will be expedited through the conduct process.

Conduct Procedures

  1. Case Referrals

    Any person may file a complaint against a Student, Group or RSO for violations of the Code. In larger case violations (such as a cheating ring) the student code of conduct administrator may file charges on behalf of the institution

    The complaint shall be prepared in writing and directed to the office of student conduct (OSC). Complaints should include as much information as possible – such as: (1) the type of misconduct alleged; (2) the name and contact information of the Respondent; (3) the date(s), time(s), and place(s) of the misconduct; (4) the name(s) and contact information of any individual(s) with knowledge of the incident; (5) whether any tangible evidence has been preserved; and (6) whether a criminal complaint has been made.

    The complaint should be submitted as soon as possible after the event takes place or when it is reasonably discovered, generally within thirty (30) Business Days following the discovery of the incident. The Complainant should forward any supporting documentation to OSC within ten (10) Business Days of the original submission or OSC may process the case based solely on the original complaint. OSC may also initiate a complaint based upon information received.

    Complainants may file a report with law enforcement as well as with OSC.

    Confidentiality: Where a Complainant (where applicable) requests that their identity be withheld or the allegation(s) not be investigated, the College should 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. 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.

    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 of Regents or College Policy shall not be subjected to retaliation. Anyone who believes they have been the 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 College Policy.

    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 of Regents or College Policy shall be subject to appropriate disciplinary action (up to and including suspension or expulsion) and adjudicated pursuant to College Policy.

    Amnesty: 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; 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 a College staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.

  2. Communications

    All communications (requests for meetings, notifications, notice of hearings, etc.) will be provided via official College e-mail addresses, as defined by the Office of Information Technology. If the Respondent is not currently enrolled, the notification will be sent via U.S. Postal Service to the last known address on file with the Registrar.

Appeal Procedures

Appeals may be made in any cases where sanctions are issued, even when such sanctions are held “in abeyance,” such as probationary or expulsion. Where the sanction imposed includes a suspension or expulsion, there are appellate procedures provided to the Respondent and Complainant at every level.

Any party may challenge the participation of any College official or employee in the process on the grounds of personal bias by submitting a written statement to the College’s designee setting forth the basis for the challenge. The written challenge should be submitted within a reasonable time after the party reasonably should have known of the existence of the bias. The College’s designee will determine whether to sustain or deny the challenge, and if sustained, the replacement to be appointed.

  1. Reasons for Appeal

    The appeal process is not intended to grant a new hearing at a higher level. An appeal shall be limited to a review of the record of the initial hearing, supporting documents, and the Respondent’s written appeal. The Respondent must explicitly state why he or she believes an appeal is warranted. Appeals will be considered only for the following reasons:

    1. to consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing (or appeal), because such information was not known or knowable to the person appealing during the time of the hearing (or appeal);
    2. to allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing (or appeal), including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by a conflict of interest or bias by the Title IX Coordinator, Conduct Officer, investigator(s), or decision maker(s); or
    3. to allege that the finding was inconsistent with the weight of the information.

  2. Process

    1. Effective date of sanctions
      • If a case is appealed, sanctions are not imposed while the appeal is pending unless the welfare of a person or the community is threatened.
      • Sanctions will be imposed if an appeal is not filed, the deadline for an appeal passes, or when an appeal decision has been finalized.
    2. Appeal to the Assistant Vice President of Academic Retention & Resources
      • The appeal must be made in writing and must set forth one or more of the bases outlined above and must be submitted within five (5) Business Days of the date of the final written decision.
      • The appeal shall be a review of the record only, and no new meeting with the Respondent or the Complainant will be held. The Assistant Vice President of Academic Retention & Resources, or their designee, may affirm the original finding and sanction; affirm the original finding but issue a new sanction of greater or lesser severity; remand the case back to the decision-maker to correct a procedural or factual defect; or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.
      • The Assistant Vice President of Academic Retention & Resources or their designee shall then issue a decision in writing to the Respondent within a reasonable time period, ordinarily ten (10) Business Days. This is the final decision of the College, unless the sanction is suspension or expulsion.
      • In cases where the Respondent has been expelled or suspended, the decision of the Assistant Vice President of Academic Retention & Resources may be appealed to the President or their designee solely on the three grounds set forth above.
    3. Appeal to the President
      • The appeal to the President or their designee must be made in writing, must set forth one or more of the bases outlined above, and must be submitted within five (5) Business Days of the date of the final written decision by the Assistant Vice President of Academic Retention & Resources. The President’s designee shall normally be the Chief Academic Officer, unless there is a conflict of interest or the Chief Academic Officer is otherwise unavailable.
      • The appeal shall be a review of the record only, and no new meeting with the Respondent or the Complainant (where applicable) will be held.
      • The President or their designee may affirm the original finding and sanction; affirm the original finding but issue a new sanction of greater or lesser severity, remand the case back to any lower decision maker to correct a procedural or factual defect; or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand. The President or their designee's decision shall be issued in writing to the parties within a reasonable time period, ordinarily within ten (10) Business Days. The President or their designee's decision shall be the final decision of the College.

  3. Appeal Decisions

    Appeals received after the designated deadlines will not be considered unless the College or Board of Regents has granted an extension prior to the deadline. If an appeal is not received by the deadline the last decision on the matter will become final.

  4. Board of Regents

    In cases where the President or their designee has received an appeal and issued a final decision, The Respondent or Complainant (where applicable) may file an application for discretionary review to the Board of Regents in accordance with the Board of Regents Policy 6.26, Application for Discretionary Review. Applications from USG students are permitted for final institution decisions other than decisions on admissions (including program admissions), residency, student grades, and traffic citations, as the final decision on those matters’ rests with the President or their designee. The application for review shall be submitted in writing to University System Office of Legal Affairs the within twenty (20) calendar days following the College’s final decision.

Academic Integrity

Due Process for Students Suspected of Academic Integrity Policy Violations

A student suspected to be in violation of the Academic Integrity Policy has the right to due process. In such cases, the instructor is considered the hearing officer and should follow the three steps of required due process:

  1. The hearing officer gives the student written notice of the alleged violation(s) within 14 days of the incident.
  2. The student is given a written explanation of the alleged violation, by the hearing officer.
  3. The student may submit a written response to the hearing officer within 14 days of the hearing officer’s written explanation.

At each stage of this process, the hearing officer is responsible for reporting to the Records Manager, according to protocol established by that entity or service, and following the expectations for data trustees, data stewards, and data users within the college as outlined in the IT policies and standards.

As a result of an alleged academic integrity violation, an instructor may determine punitive action and/or require the student participate in additional education. An instructor may determine punitive action up to and including a grade of F for the course.

Appeals

An appeal is an opportunity for a student to seek appropriate due process and new findings after a hearing officer has rendered a decision. Appeals must be submitted in writing within five days of notification of charges.

Appeals based solely on the assertion of innocence will not be considered. Appeals of the hearing officer’s decision may be made under the following circumstances:

  1. The student feels there is a legitimate conflict of interest or bias with an individual serving as a hearing officer;
  2. A request to introduce new and compelling evidence which was not available at the time of a hearing and which could apparently result in a different final decision;
  3. The specific citation of a violation of due process as it is defined in this policy;
  4. The documentable failure of the decision to comply with specific GHC or USG policies;
  5. The documentable error of facts substantial enough to apparently result in a different final decision; or
  6. A mercy appeal requesting a less severe sanction.

Appeals Submissions Procedure:

  1. Appeals of a decision by an instructor are to be submitted to the division chair.
  2. Appeals of a decision by a division chair are to be submitted to the dean of the school.
  3. Appeals of a decision by a dean are to be submitted to the chief academic officer.
  4. The decision of the chief academic officer may be reviewed by the president upon request by the student.
  5. In cases where the President or their designee has received an appeal and issued a final decision, a student may file an application for discretionary review to the Board of Regents in accordance with the Board of Regents Policy 6.26, Application for Discretionary Review. Applications from USG students are permitted for final institution decisions other than decisions on admissions (including program admissions), residency, student grades, and traffic citations, as the final decision on those matters’ rests with the President or their designee. The application for review shall be submitted in writing to University System Office of Legal Affairs the within twenty (20) calendar days following the College’s final decision.

No appeal will be considered if it violates this order of operations. Appeals are generated by the student sending a written request for appeal, including all details and facts of the case at that point, and including the decision of the original hearing officer. All steps of this process must be reported to the records manager, according to protocol established by that entity or service, and following the expectations for data trustees, data stewards, and data users within the college.

Repeat Violations

The hearing officer is responsible for requesting a records search from the records manager in order to determine if a student has a record of prior violations. If the student has been sanctioned for one previous violation, that may impact the severity of the hearing officer’s decision in the current case. If this is the third violation of the academic integrity policy, it becomes a violation of the Student Code of Conduct and follows that policy.

Student Grievance

Appeals must be made in writing to the college President or their designee within 10 calendar days of decision. In cases where the President or their designee has received an appeal and issued a final decision, a student may file an application for discretionary review to the Board of Regents in accordance with the Board of Regents Policy 6.26, Application for Discretionary Review. Applications from USG students are permitted for final institution decisions other than decisions on admissions (including program admissions), residency, student grades, and traffic citations, as the final decision on those matters’ rests with the President or their designee. The application for review shall be submitted in writing to University System Office of Legal Affairs the within twenty (20) calendar days following the College’s final decision.

Record Keeping and Release of Information

  1. Retention of Student Records

    Georgia Highlands College retains student records in accordance with USG records retention guidelines.

  2. Transcript Encumbrances

    In pending cases that could result in Suspension or Expulsion, the Assistant Vice President of Academic Retention & Resources will normally place a temporary encumbrance (hold) on a Respondent’s records. The Assistant Vice President of Academic Retention & Resources will also place a hold on a Respondent’s records if the Respondent fails to respond to an official request to meet with a Student Conduct Administrator or the Assistant Vice President of Academic Retention & Resources, or if the Respondent fails to complete assigned Sanctions.