Student Regulations Committee

Minutes

April 8, 2002

 

 

Members Present:  P. Benkeser (BME), Chair; E.K. Barefield (CHEM); L. Jacobs (CEE); A. Larson (ME); J. McIver (Registrar); L. Wilcox (Student Affairs)

 

Members Absent:  D. Allen (Ex. Board Liason); L. Barajas (G. Student); R. Barke (PUBPOL); E.W. Looney (UG Student); and B. Walker (LIB); N. Watson (UG Student)

 

Visitors:  K. Boyd (Std Affairs)

 

 

1.      Senior Associate Dean of Students Karen Boyd reviewed proposed changes to the Academic Honor Code.  The Committee requested several minor modifications to Dean Boyd’s original proposal that she accepted.  The Committee then voted 3-1 to recommend approval of the proposed changes (see Attachment) to the Academic Senate.

 

2.      The Committee agreed to consider approval of the minutes of this and the March 27 meetings via e-mail.

 

Attachment:

 

XVIII. Academic Honor Code

Article I: Honor Agreement

Having read the Georgia Institute of Technology Academic Honor code, I understand and accept my responsibility as a member of the Georgia Tech Community to uphold the Honor Code at all times.  In addition, I understand my options for reporting honor violations as detailed in the code.

Article II: Honor Code

Section 1. Statement of Purpose

The members of the Georgia Tech community believe the fundamental objective of the Institute is to provide the Students with a high quality education while developing in them a sense of ethics and social responsibility.  We believe that trust is an integral part of the learning process and that self-discipline is necessary in this pursuit.  We also believe that any instance of dishonesty hurts the entire community.  It is with this in mind that we have set forth a Student Honor Code at Georgia Tech.  

 

Section 2. Objectives

An Honor Code at Georgia Tech aims to cultivate a community based on trust, academic integrity and honor.  It specifically aims to accomplish the following:

·        Ensure that Students, Faculty and administrators understand that the responsibility for upholding academic honesty at Georgia Tech lies with them;

·        Prevent any Students from gaining an unfair advantage over other Students through academic misconduct;

·        Ensure that Students understand that academic dishonesty is a violation of the profound trust of the entire academic community;

·        Clarify what constitutes academic misconduct among Students at Georgia Tech and what is expected of them by the Institute, the Faculty, and their peers;

·        Cultivate an environment at Georgia Tech where academic dishonesty is not tolerated among the Students;

·        Secure a centralized system of education and awareness of the Honor Code.

 

Section 3. Student Responsibilities

Students are expected to act according to the highest ethical standards.

The immediate objective of an Honor Code is to prevent any Students from gaining an unfair advantage over other Students through academic misconduct.  The following clarification of academic misconduct is taken from Section XIX Student Code of Conduct, of the Rules and Regulations section of the Georgia Institute of Technology General Catalog:

 

Academic misconduct is any act that does or could improperly distort Student grades or other Student academic records. Such acts include but need not be limited to the following:

·                    Possessing, using or exchanging improperly acquired written or verbal information in the preparation of any essay, laboratory report, examination, or other assignment included in an academic course;

·                    Substitution for, or unauthorized collaboration with, a Student in the commission of academic requirements;

·                    Submission of material that is wholly or substantially identical to that created or published by another person or person, without adequate credit notations indicating authorship (plagiarism);

·                    False claims of performance or work that has been submitted by the claimant;

·                    Alteration or insertion of any academic grade or rating so as to obtain unearned academic credit;

·                    Deliberate falsification of a written or verbal statement of fact to a member of the Faculty so as to obtain unearned academic credit;

·                    Forgery, alteration or misuse of any Institute document relating to the academic status of the Student.

While these acts constitute assured instances of academic misconduct, other acts of academic misconduct may be defined by the professor.

Students must sign the Honor Agreement affirming their commitment to uphold the Honor Code before becoming a part of the Georgia Tech community.  The Honor Agreement may reappear on exams and other assignments to remind Students of their responsibilities under the Georgia Institute of Technology Academic Honor Code.

 

Section 4. Faculty Responsibilities

Faculty members are expected to create an environment where honesty flourishes.  In creating this environment, Faculty members are expected to do the following:

·        Make known to their class as specifically as possible what constitutes appropriate academic conduct as well as what comprises academic misconduct.  This includes but is not limited to the use of previously submitted work, collaborative work on homework, etc.

·        Provide copies of old exams or lists of sample questions to the Georgia Tech library for Students to review;

·        Avoid the re-use of exams;

·        Include a paragraph containing information about the Georgia Tech Academic Honor Code on the syllabus for each class they teach;

·        Report instances of academic dishonesty to the Office of the Dean of Students. 

In addition to the expectations listed above, Faculty have the authority to superimpose their own interpretations on some aspects of academic conduct including, but not limited to, the following:

·                    Old exams for use during open-book exams;

·                    Contents of formula sheets allowed on exams;

·                    Use of calculators on exams;

·                    Collaboration on out of class assignments;

·                    Use of previously submitted out of class assignments.

 

Article III: Honor System

Section 1. Governing Bodies

The Georgia Institute of Technology Academic Honor Code recognizes the present bodies given the power to enforce the academic regulations of the Institute.  The Honor Code recognizes the Office of the Dean of Students to be the principle administrator to enforce Institute disciplinary measures as presently specified in Article XIX Section B, of the Rules and Regulations section of the current Georgia Institute of Technology General Catalog.

The Honor Code also recognizes the Student Honor Committee as that body given jurisdiction to hear all cases of alleged academic misconduct as currently specified in Article XIX Section B, of the Rules and Regulations section of the current Georgia Institute of Technology General Catalog.

 

Section 2. Reporting Honor Code Violations

In order for an Honor Code to function, members of the Georgia Tech Community must not tolerate violations of it by anyone.  Community members are at their discretion to use any of three options to report suspected Honor Code violations:

1. A Student may simply desire to confront the fellow Student with the perceived infraction.  While this option is most likely to enact widespread change in attitude and behavior among Students (because violators would understand that they are violating the trust of their peers and not some abstract body of people), it is still expected that an alleged violator be taken before the Student Honor Committee if he or she persists in academic misconduct.

2. A Student may choose to approach the professor of the class in which the alleged infraction occurred and seek his or her input on how to proceed.  A result of a conference of this type would be the professor’s awareness that the alleged violator needs closer monitoring to ascertain reasonable certainty of guilt before being brought before the Student Honor Committee.

3. A Student may choose to seek the advice of an Honor Advisor (see Article III., Section 3). Meetings with Honor Advisors shall address issues of policy and procedure only.  Specifics of an individual case are not to be discussed.  After a consultation with an Honor Advisor, a Student may choose to submit a formal accusation of academic misconduct to the Office of the Dean of Students.

 

Section 3. Student Honor Advisory Council

Students composing the Student Honor Advisory Council are to become well versed in all aspects of the Georgia Institute of Technology Academic Honor Code and the procedures for reporting an honor violation as well as those procedures for the trying of cases of suspected academic misconduct before the Student Honor Committee.  The Council is to act as an information resource to all members of the Georgia Tech Community on issues related to the Honor Code.

 

A. Membership

1.      Members are to be selected by the Vice-President of Student Affairs or a designated person to carry out these duties.

2.      Members must be full-time Students at Georgia Tech and must be in good academic standing.

3.      Once a member of the council, the Student shall serve until he or she graduates, unless he or she resigns or is impeached.

4.      Impeachment procedures are to be specified in the rules and/or bylaws of the Student Honor Advisory Council.

5.      Membership shall be composed of no less than fifteen (15) Students at any given time.

 

B. Duties and Responsibilities

1.      To serve in an advisory capacity to any Student(s) wishing to report an honor violation or any Student(s) being accused of committing an honor violation.

2.      To continually educate and maintain awareness among the Georgia Tech Community regarding the Honor Code.

3.      To limit discussion with Students to issues of policy and procedure.

 

Article IV. Amending the Honor Code

Amendments to the Georgia Tech Academic Honor Code may be proposed by a two-thirds (2/3) vote of both the Undergraduate Student Council and the Graduate Student Senate, or by a petition of ten percent (10%) of the total population (undergraduate and graduate) directed to both the undergraduate Student body President and the graduate body President.

Amendments become part of this Honor Code upon ratification by two-thirds (2/3) of the votes cast in a special election open to the undergraduate and graduate Students, provided that the proposed amendments have been published in the Technique at least one week prior to the vote by the Student Body and further provided that the amendments are approved by the Academic Senate.

Appendices or amendments of appendices which pertain to either the undergraduate Student body or to the graduate Student body may be proposed by a two-thirds (2/3) vote of the respective legislative body or a petition of at least ten percent of the respective Student body directed to the respective Student body president.  These shall become part of this Honor Code upon ratification by two-thirds (2/3) of the votes in a special election of the respective Student body, provided that the proposed appendices or amendments of appendices have been published in The Technique at least one week prior to the election, and further provided that the appendices or amendments of appendices are approved by the Academic Senate.

 

Appendix A:

Graduate Addendum to the Academic Honor Code

 

I.  Preamble

The Honor Code recognizes that graduate Students are involved in research and scholarly activities which occur outside the classroom.  Integrity and academic honesty are as fundamental to research and scholarly activity as they are to classroom activity.  Therefore, this Appendix to the Honor Code is adopted to pertain to the academic activities of graduate Students which occur outside of the classroom.

 

II. Scholarly Misconduct

Scholarly misconduct refers to misconduct which occurs in research and scholarly activities outside of the classroom.  It can include plagiarism, among other things.  The consequences of scholarly misconduct are governed by Institute Policy.  The following definitions are taken from the Institute Policy on Scholarly Misconduct:

 

“Misconduct” or “scholarly misconduct” is the fabrication of data, plagiarism, or other practice that seriously deviates form those that are commonly accepted within the academic or research community for proposing, conducting, or reporting research or scholarly activity.  It does not include honest error or honest differences in interpretation or judgments of data.

 

“Plagiarism” is the act of appropriating the literary composition of another, or parts of passages of his or her writings, or language or ideas of the same, and passing them off as the product of one’s own mind.  It involves the deliberate use of any outside source without proper acknowledgment.  Plagiarism is scholarly misconduct whether it occurs in any work, published or unpublished, or in any application for funding.

 

Allegations involving scholarly misconduct fall under the Institute’s Policy on Scholarly Misconduct.  This document details the procedures involved with reporting allegations and with the handling of cases.  All graduate Students are encouraged to become familiar with this policy, which is available from the Office of the Provost.

 

XIX. Student Code of Conduct

This reflects the Student Code of Conduct at the time of the printing of this catalogue.  The official Code of Conduct reflecting all changes can be found on the Dean of Students web site at http://www.deanofstudents.gatech.edu/Policy/code1.html In the event of any conflict, the Code found on the web site will govern.

A.     General

B.      Administration of the Judicial Process

C.     Prohibited Academic Conduct

D.     Prohibited Non-Academic Conduct

E.     Procedural Rights, Adjudication, and Sanctions

F.     Student Appeal Procedures

G.    Record Keeping and Release of Information

H.     Appendices

1.      Honor Code

2.      Student Organizations’ Code of Conduct

3.      Drug and Alcohol Policy

4.      Sexual Harassment and Misconduct Policy

5.      Regents Statement on Disruptive Behavior

6.      Computer Use and Network Policy

7.      Board of Regents Policy 406.01 Withdrawal of Recognition of Student Organizations

 

A.                 GENERAL 

Purpose of the Disciplinary System   

A Student enrolling in the Georgia Institute of Technology assumes an obligation to conduct himself or herself in a manner compatible with the Institute’s function as an educational Institution.  Actions considered inimical to the Institute and subject to discipline fall into the categories of academic and nonacademic misconduct. The Student Code of Conduct clearly defines these expectations and outlines the adjudication process. The purpose of the Student Code of Conduct is to educate all members of the Georgia Tech community and to maintain an environment conducive to academic excellence.

 

Authority for Student Discipline

The Board of Regents’ (“BOR”) policies and bylaws “give institutions responsibility for discipline of Students, formulation of rules and determination of punishment for violations to the Institution”.  In addition, the Board of Regents and the Georgia Tech Statutes and ByLaws empower the Faculty to make rules and regulations for Students and their activities per BOR 401.1, 401.4, 406, 302.06 and Georgia Tech Statutes and Bylaws 2.4, 2.4.3.3(F), 2.5.4.

 

Student Participation 

Students as members of the Institute’s community are asked to assume positions of significant responsibility in the Institute’s judicial system in order that they might contribute their skills and insights to the resolution of disciplinary cases.  Final authority in disciplinary matters, however, is vested in the BOR in the Institute’s administration.

 

Definitions

When used in this Code:

 

“Accused” can be defined as a Student, Group, or Organization.

 

“Complainant” is defined as the accuser or the victim of an alleged violation.

 

Dean of Students” means the Dean of Students or the Dean’s designee.

 

“Group or Organization ” means a number of persons who are associated with each other, but who have not complied with Institute requirements for registration as an Organization.

 

“Group or Organization Activity” means any activity on or off Institute premises that is directly initiated for or supervised by a Group or Organization including any individual activity occurring in buildings, facilities, grounds, utilities, or resources (including computer resources) owned, leased, operated, controlled or supervised by an Institute Organization.

 

“Institution,” “Institute, “Georgia Tech,” and any other permutations of

Georgia Institute of Technology means the Institute and all of its undergraduate, graduate and professional schools, divisions, and programs.

 

“Institute Official” is defined as Faculty, administration, or staff personnel including Students serving as Institute employees.

 

“Institute Premises” means buildings, facilities, grounds, utilities, or resources (including computer resources) owned, leased, operated, controlled or supervised by the Institute.

 

“Organization” means a number of persons who have complied with or are in process of complying with the requirements for chartering.

 

“Student” means any person who is taking or auditing classes of the Institute, is participating in academic programs, is matriculated in any Institute program, has been accepted for enrollment or is eligible to reenroll without applying for readmission.

 

“Weapon” is defined in accordance with state law, and also includes any object used to attempt bodily injury or substance designed to inflict a wound or cause injury.

 

“Will” or “shall” are used in the imperative sense.

 

“Witness” is defined as a person present before the hearing panel providing evidence.

 

“Working Day” is defined as any day when class is in session per the Institute calendar. Final exam periods are not considered Working Days.

 

Interpretation of Regulations

The purpose of publishing disciplinary regulations is to give Students general notice of prohibited behavior and the judicial process.  This Code is not written with the specificity of a criminal statute and should not be confused with criminal proceedings. Judicial proceedings are not restricted by the rules of evidence governing criminal and civil proceedings.  Questions of interpretation regarding The Student Code of Conduct shall be referred to the Dean of Students for resolution.

 

Inherent Authority

The Institute reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community.

 

Addressing Inappropriate Classroom Behavior

The primary responsibility for managing the classroom environment rests with the

instructor.  Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the instructor to leave the class for the remainder of the class period.  Longer suspensions from a class, or dismissal from the Institute on disciplinary grounds, must be administered by the Dean of Students in accordance with this Code.

 

Jurisdiction

Academic misconduct relevant to any Institute activity will be addressed wherever it may occur.

 

Nonacademic misconduct includes the acts identified in section D of this Code whenever such acts:

·                    occur on Institute Premises; or

·                    occur at Institute sponsored activities; or

·                    occur at Group or Organization Activities; or

·                    create a clear and present danger of material interference with the normal or orderly processes of the Institute or its requirements of appropriate discipline.

 

Disciplinary Action While Criminal Charges Are Pending   

Students may be accountable both to civil authorities and the Institute for acts that

constitute violations of law and of this Code.  Disciplinary action at the Institute will normally proceed during pending criminal proceedings, and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. Students charged with felonies may be Interim Suspended and given the opportunity to request a review of the decision as provided in Section B (Administration of the Judicial Process, Interim Suspension for Individuals and Student Groups/Organizations) of the Code.

 

Agreements With Other Schools

Where there is conflict between provisions of this Code and tenets of an agreement with other schools, the agreement takes precedence. 

 

Student Organizational Discipline

Student Groups and Organizations are accountable to this Code. A Student Group or Organization and its officers may be held collectively and individually responsible when violations of this Code by those associated with the Group or Organization have received the consent or encouragement of the Group or Organization, or of the Group’s or Organization’s leaders or officers.  For more information, please see the Conduct Code and Disciplinary Procedures for Student Organizations.

 

B. ADMINISTRATION OF THE JUDICIAL PROCESS

Case Referrals

All acts of misconduct (except as specified by the Dean of Students in writing) on the part of Students shall be reported to the Dean of Students, who is designated the principal administrator to formulate and enforce Institute disciplinary measures as they pertain to Student academic or nonacademic misconduct. Any person may refer a Student or a Student Group or Organization suspected of violating this Code to the Dean of Students.  Those individuals referring cases are normally expected to provide testimony and to present relevant evidence in hearings and conferences.

 

Communication 

All judicial communication (requests for meetings, notifications, notice of judicial actions, etc.) will be provided via the official Institute e-mail (gt number) address.  If the Student is not currently enrolled, the notification will be sent via the US Postal Service to the last known physical address.

 

Revocation of Degrees

The Institute reserves the right to revoke an awarded degree for fraud related to the receipt of the degree, or for serious disciplinary violations committed by a Student prior to the Student’s graduation.

 

Interim Suspension for Individuals and Student Groups/Organizations        

Interim Suspension is for an interim period pending disciplinary or criminal proceedings or physical or mental evaluation.  In certain circumstances the Dean of Students may impose an interim suspension which shall become immediately effective without advance notice and prior to the actual hearing of the allegations.

 

Interim suspension may be imposed:

i.    to ensure the safety and well-being of members of the Institute community or to preserve Institute property; or

ii.       to ensure the Student’s physical or emotional safety and well-being; or

iii.      if the Student or Student Group/Organization poses a definite threat of disruption of or interference with the normal operations of the Institute; or

iv.     if the Student is charged with a felony; or

v.       if the leaders of an organization fail to respond in a timely manner.

 

During the interim suspension individuals may be denied access to classes, campus facilities and all other Institute activities or privileges.

 

The Dean of Students’ Critical Response Evaluation Team, with appropriate

members of the Management Team (i.e. Department of Housing, Counseling Center, and Greek Affairs representatives) will determine if interim suspension is warranted.  Any one member of this team may make the decision with review and ratification if appropriate, by the remainder of the team within 72 hours of this decision. 

 

A Student or Organization that has been suspended on an interim basis may submit a request to the Vice President for Student Affairs or the Vice President’s designee for a review of the decision within five (5) Working Days of the implementation of the suspension.  A request for review of an Interim Suspension decision shall be made in writing and shall list all reasons that the Student or Organization contends that the Interim Suspension is unwarranted.  The reasons for the request for review are limited to:

 

i. the reliability of the information concerning the Student’s or Organization’s conduct, including the matter of identity;

ii. whether the conduct and surrounding circumstances reasonably

indicate that the continued presence of the Student or Organization on Institute Premises poses a substantial and immediate threat to himself, herself or to others or the stability and continuance of normal Institute functions.

 

The Vice President for Student Affairs or designee will respond to the Student or Organization in writing within two (2) Working Days of the receipt of the request.

 

C. PROHIBITED ACADEMIC CONDUCT       

Academic misconduct (see XVIII. Academic Honor Code) is any act that does or could improperly distort grades or other Student academic records.  Such acts include but need not be limited to the following:

 

1.      Possessing, using, or exchanging improperly acquired written or verbal information in the preparation of any essay, laboratory report, examination, or other assignment included in any academic course;

2.      Substitution for, or unauthorized collaboration with, a Student in the commission of academic requirements;

3.      Submission of material that is wholly or substantially identical to that created or published by another person or persons, without adequate credit notations indicating the authorship (plagiarism);

4.      False claims of performance for work that has been submitted by the claimant;

5.      Alteration or insertion of any academic grade or rating so as to obtain unearned academic credit;

6.      Deliberate falsification of a written or verbal statement of fact to a member of the Faculty so as to obtain unearned academic credit;

7.      Forgery, alteration, or misuse of any Institute document relating to the academic status of the Student.

 

D.   PROHIBITED NONACADEMIC CONDUCT

Nonacademic misconduct by Students, Organizations, or Groups includes but is not limited to the following:

 

1. Violations of the Georgia Institute of Technology Student Policy on

Alcohol and Illegal Drugs and other substance violations including, but not limited to:

a.       underage use or possession of alcohol;

b.      possession or consumption of alcohol in unauthorized areas;

c.       use or possession of fake identification;

d.      distribution of alcohol to minors;

e.       behavior, while under the influence of alcohol which endangers any person;

f.        drug abuse, including the use or possession (without valid medical or dental prescription), manufacture, furnishing, sale, or any distribution of any narcotic or dangerous drug controlled by law; this provision is not intended to regulate alcoholic beverages; or

g.       disorderly conduct associated with the use of alcoholic beverages including, but not limited to, boisterousness, rowdiness, obscene or indecent conduct or appearance, or vulgar, profane, lewd, or unbecoming language;

2.      Intentionally pushing, unjustifiably striking or physically assaulting, or otherwise intentionally causing reasonable apprehension of such harm to any person;

3. Disorderly conduct, including but not limited to:

a.       obstruction or disruption of teaching, research, administration, disciplinary procedure or process or other Institute activities, including its public service functions or other authorized activities or;

b.      breach of the peace;

4. Behavior, which endangers any person;

5. Unauthorized use of college facilities or Premises including:

a.       unauthorized entry into any Institute Premises or remaining in any building after normal closing hours or;

b.      possessing, using, making, or causing to be made any key or any other means of access to any Institute Premises without proper authorization;

6. Furnishing false information to any Institute Official or offering false statement in any Institute disciplinary hearing;

7. Forgery, alteration, replication, or misuse of any document, record, or identification upon which the Institute relies, regardless of the medium;

8. Any physical or mental hazing action related to membership or connected with rites or ceremonies of induction, initiation, or orientation into Institute life or into the life of any Group or Organization;

9. Safety violations, including, but not limited to:

a.       intentionally initiating or causing to be initiated any false reporting, warning or threat of fire, explosion or other emergency;

b.      tampering with safety devices, or other emergency, safety, or fire fighting equipment;

c.       setting or attempting to set an unauthorized fire;

d.      possession of unauthorized fireworks, firearms, ammunition, or

       possession of dangerous Weapons, materials, or chemicals; or

 e. unauthorized sale, possession, furnishing, or use of any bomb or

       explosive or incendiary device;

10. Theft and/or unauthorized possession or use of property or services belonging to the Institute, another person, or any other entity;

11.    Malicious or unauthorized damage to or destruction of Institute

property or property belonging to another;

12.    Violation of rules governing residence in Institute-owned or controlled   

       Property, such as residence halls;

13. Illegal gambling, including online;

 14. Failure to return or submit property or records of the Institute within

                        the time prescribed by the Institute;

15. Acting with any other person to perform an unlawful act or to violate  

                        an Institute regulation or policy;

16. Failure to comply with:

a.  instructions or a direction of any properly identified Institute Official while that person is acting in the performance of their duties;

b.  the terms of a disciplinary sanction;

17. Failure to cooperate with investigative, judicial, or disciplinary proceedings;

18. Intentional violations of Georgia Institute of Technology regulations or policies, which are found on the Dean of Students’ web page at http://www.deanofstudents.gatech.edu/Policy/index.html. Such regulations or policies include the Institute Computer Network Usage Policy, as well as those regulations relating to entry and use of Institute facilities, use of amplifying equipment, campus demonstrations, parking, and Student Organizations;

19.              Violation of the Georgia Tech Student Policy on Sexual Harassment and Sexual Misconduct;

20. Violation of any Board of Regents policies or the laws of any city, county,

state, or the United States.

 

 

E. PROCEDURAL RIGHTS, ADJUDICATION, AND SANCTIONS

 

Procedural Rights of the Accused

Students accused of an act of misconduct and summoned to a hearing before the    Student Honor Committee, Graduate Judiciary Cabinet, Undergraduate Judiciary Cabinet, or Judicial Board have the right to:

a.       be informed of the charge(s) and alleged misconduct upon which the charge is based;

b.      be informed of the evidence upon which a charge is based and accorded an opportunity to offer a relevant response;

c.       be accompanied by an advisor of their choice;

d.      remain silent with no inference of guilt drawn therefrom;

e.       call and question relevant Witnesses

(A witness is permitted to testify via electronic means – telephone, video conferencing etc. – and permitted to be questioned through the Chief Justice/Chairperson.)

f.        present evidence in their behalf;

g.       be considered innocent of the charges until proven responsible by a preponderance of the evidence;

h.       appeal a decision, if requested;

i.         waive any of the above rights.

Investigation          

The Institute’s judicial process utilizes an investigatory model, not an adversarial model in resolving allegations of misconduct with the primary goal of uncovering the truth. The Dean of Students shall open an initial investigation. During the investigation, a Student should continue to attend class and required Institute functions unless otherwise instructed by the Dean of Students.  The investigation is closed in one of four (4) ways: 1) the Student is not charged, 2) the Student agrees to an Alternative Dispute Resolution, 3) the Student agrees to an administrative conference/resolution or 4) the Dean of Students issues a decision based on the hearing panel’s findings and recommendation. 

 

Forums of Adjudication

1) Alternative Dispute Resolution

At the sole discretion of the Dean of Students, cases may be assigned for Alternative Dispute Resolution (“ADR”).  If ADR is not agreed to by both parties the remaining forums will adjudicate the case.  Results of the ADR proceedings do not require the Accused to acquire a formal discipline record; however, ADR cases will be considered “prior violations” if future infractions occur.  ADR is available only for an Accused’s first violation in cases where if adjudicated, the resulting sanction would be less severe than probation.  The ADR agreement outlines the exact nature of the appropriate sanction to be administered if the agreement is violated. This agreement will close the case, as a Student who chooses ADR is granted no right of appeal.

 

2.  Administrative Conference/Resolution

After the Dean of Students completes a sufficient investigation, charges the Accused  with a violation of the Student Conduct Code, and outlines appropriate sanctions for the incident, the Accused may accept responsibility for the charges and agree to abide by the sanctions.  This choice will close the case, as a Student, Group, or Organization that accepts the terms of an administrative conference/resolution is granted no right of appeal.

 

The Accused may elect to accept an administrative conference/resolution, if offered, at any time before a Hearing Panel convenes.  If the Accused chooses an administrative conference/resolution, the Accused will be provided notice of a final disciplinary action from the administrative hearing officer containing the official charges and terms of the sanctions.  If the sanctions are not fulfilled according to the terms, additional charges or sanctions may result, and/or a hold may be placed on the Accused’s record until terms are met.

 

3.  Hearing Panel

An accused Student, Group, or Organization may choose adjudication. The Dean of Students reserves sole discretion to forward cases to the appropriate panel including, but not limited to, the Undergraduate Judiciary Cabinet, the Graduate Judiciary Cabinet, the Student Honor Committee, or the Institute Judicial Board. The hearing panel composed of Students will make a recommendation to the Dean of Students as to the panel’s fact-finding and sanctions.  A hearing panel composed of Faculty members and Students will forward a decision to be implemented by the Dean of Students.  Decisions of a hearing panel and a decision made after a recommendation from a hearing panel can be appealed by the Accused.

 

If  the Student, Group, or Organization accused of non-academic misconduct chooses to have the case adjudicated by a hearing panel, the case will be forwarded to one of three boards: 1) the Undergraduate Judiciary Cabinet, 2) the Institute Judicial Board or 3) the Graduate Judiciary Cabinet.   The Undergraduate Judiciary Cabinet hears cases of undergraduate nonacademic misconduct. The Institute Judicial Board hears cases of undergraduate nonacademic misconduct and has jurisdiction over the case if the event occurred in or around Institute housing and if the likely resulting sanction, if found responsible, is less severe than probation, with a few noted exceptions. The Graduate Judiciary Cabinet has jurisdiction over allegations of graduate Student nonacademic misconduct. The Undergraduate and Graduate Judiciary Cabinet delegate to the Institute Judicial Board the right to adjudicate nonacademic violations as outlined in the Institute Judicial Board Procedures section. If a Student accused of academic misconduct chooses to have the case adjudicated by a hearing panel, the case will be forwarded to the Student Honor Committee.

 

Notice of Hearing

Cases will be forwarded from the Dean of Students to the chairperson of the appropriate hearing panel.  The chairperson, upon receipt of this case, will issue official notice to the Accused containing the time, date, and location of the hearing, as well as possible sanctions that may result if the Accused is found responsible.  In addition, the notification should specify the nature of the allegation or suspected misconduct with which the Student, Group, or Organization is accused and the names of all possible Witnesses. This notification will be provided at least three (3) calendar days prior to a scheduled hearing.  Upon request, the Accused may meet with the Dean of Student prior to the hearing to review evidence and procedure.

 

General Hearing Procedures

·                    These procedures shall apply to all hearing panels charged with hearing cases under this Code.

·                    Hearings shall ordinarily be closed except for the Accused, the Accused’s advisor, the Complainant, the Complainant’s advisor, and those directly involved; exceptions may be made at the discretion of the chairperson.

·                    Members of the hearing panel shall disqualify themselves if their personal involvement in the hearing is of such a nature as to prejudice the outcome of the case.  Any party may challenge any member of the panel for good cause by notifying the panel’s Chief Justice/Chairperson.  The panel will hear the challenge and then meet privately to consider whether the request should be granted.  The Chief Justice/Chairperson shall not be removed if challenged. (The hearing panel’s advisor may remove the Chief Justice/Chairperson if clear conflict of interest or prejudice is determined by the advisor.)

·                    Accused Students, Groups, or Organizations who fail to appear after proper notice will be deemed to have pled “not responsible” to the charges against them and exercised the right to remain silent without prejudice.  A hearing may be conducted in their absence at the discretion of the chairperson.

·                    The hearing panel shall make a tape recording and/or summary transcription of the proceeding, which will serve as the official record of the hearing.  No other recording devices will be permitted.  The Accused or the Complainant may request a copy of the Institute’s tapes upon payment of the cost to reproduce the tapes, or may listen to the original tapes in a location designated by the Dean of Students at no charge.

·                    The hearing panel’s chairperson shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing.  The Chairperson may exclude any person, including the Accused who disrupts a hearing.

·                    The Complainant, if any, may be present throughout the hearing and respond to testimony.  However, the Complainant does not present the allegations against the Accused.  The Complainant may bring a support person.  The support person is not permitted to address the panel.

·                    Written testimony and other means of communication including, but not limited to electronic, email, telephone, or video conferencing is admissible.

·                    The Accused may bring as many Witnesses as necessary to respond to the allegations.  The Accused is limited to two (2) character Witnesses.  Letters of recommendation will be considered during deliberations.

·                    Hearing panel deliberations are closed to all but the hearing panel members.

·                    The hearing panel will consider past violations (but not until responsibility is determined), prior stipulations, the impact or potential impact of the violation the community and Complainant, and the nature of the violation (including whether bias-based) when determining sanctions.

·                    Decisions for the hearing panel shall be by majority vote.  The hearing panel shall provide the Dean of Students with a brief written summary of each case with a finding of fact.  The Student hearing panels will include in the written summary recommendations for appropriate disciplinary action to the Dean of Students.  The Faculty Honor Committee decides sanctions and puts them in writing to be implemented by the Dean of Students.  The Student hearing panels make recommendations in writing to the Dean of Students. The Dean of Students will review the case and recommendations and implement disciplinary action.

 

Panel Appointment Criteria

For Board or Committee specific appointment criteria see the Student Organizations’ website  (http://www.deanofstudents.gatech.edu/Policy/student.org.code.html) for the most recently approved constitutions and bylaws governing each of the Student hearing panels and the Faculty Senate website  (http://www.facultysenate.gatech.edu/) for the most recently approved Statutes and Bylaws governing the Honor Committee.

 

Student Honor Committee Procedures

The Student Honor Committee (“SHC”) is a committee of the Faculty Senate that shall hear all cases referred to it by the Dean of Students involving alleged dishonesty in academic matters on the part of Students.

 

Undergraduate Judiciary Cabinet Procedures                                          

The Undergraduate Judiciary Cabinet (“UJC”) is a Student hearing panel that  primarily shall hear allegations referred to it by the Dean of Students of undergraduate Student nonacademic misconduct.  The typical case heard by the UJC is likely to result in a sanction of disciplinary probation, suspension held in abeyance, suspension, or expulsion if a violation is found to have occurred.

 

Institute Judicial Board Procedures                                                              

The Residence Hall Judicial Board (“RHJB”) serves as the Institute Judicial Board (IJB) in cases referred to it by the Dean of Students involving Code of Conduct violations originating both inside and in the immediate vicinity of Housing.  The RHJB is not serving as the IJB when adjudicating violations of the Housing Contract, as well as the Housing Community and Services Guide.  The IJB is a Student hearing panel that shall hear allegations of Student nonacademic misconduct which will most likely result in a sanction of reprimand or disciplinary warning, if a violation is found to have occurred.  The IJB also may hear allegations of substance abuse violations which could result in probation.  It will not consider substance abuse cases involving endangering behavior. 

 

Graduate Judiciary Cabinet Procedures                                       

The Graduate Judiciary Cabinet (“GJC”), a Student hearing panel, shall hear allegations of graduate Student nonacademic misconduct referred to it by the Dean of Students.

 

Organizational Judicial Board Procedures

All organizational hearing panels (for example, IFC, NPHC, and Panhellenic, etc.) designated by the Dean of Students to hear allegations of organizational violations of Institute policy are recommending bodies to the Dean of Students.

 

Potential Sanctions

Sanctions that may be imposed in accordance with this Code include but are not limited to:

 

Sanctions which potentially affect standing

 

Loss of good standing - A Student, Group, or Student Organization not in good standing with the Institute is subject to the following restrictions:

·        Ineligibility to hold an office in any Student Organization recognized by the Institute or to hold any elected or appointed office of the Institute.

·        Ineligibility to represent the Institute outside the Institute or in a public activity of the Institute.  This includes representing the Institute at any official function, intercollegiate athletics or any forms of intercollegiate competition or representation.

 

Reprimand – verbal or written notice that the Accused’s behavior is inappropriate.

 

Disciplinary warning – a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action and/or removal from good standing.

 

Disciplinary probation – notice to the Accused that any further major disciplinary violation may result in suspension or expulsion.  Additional restrictions, conditions or loss of good standing may also be imposed.  Violations of the terms of disciplinary probation, or any violation of this Code during the period of probation, will likely result in suspension or expulsion from the Institute.

 

Suspension Held in Abeyance – the sanction of suspension may be held in abeyance.  If the Accused is found in violation of this Code during the time of Suspension Held in Abeyance, the Suspension shall take effect immediately without review or hearing.  Additional sanctions appropriate to the new violation also may be given.  The Accused who has been issued a Suspension Held in Abeyance sanction is deemed “not in good standing” with the Institute.  The length of the Suspension Held in Abeyance shall be decided by the hearing panel or as a term of the administrative resolution.

 

Suspension – exclusion for a period of time from the Institute Premises, and other privileges or activities set forth in the suspension notice.  A suspended Student or Student Organization shall immediately leave the campus and not enter the campus or its resources during the period of suspension, except when on official school business.  Violation of this stipulation can adversely affect the Accused’s chances for readmission.  The Dean of Students will determine when the Accused has met the requirements for readmission.

Expulsion – permanent termination of the Accused’s status, and exclusion from Institute Premises, privileges, and activities.

 

Non-standing related sanctions

Restitution – repayment to the Institute or to an affected party for damages resulting from a violation of this Code.

Fine – a monetary penalty, paid to the Institute.

 

Grade Change – change of grade for the course in which a violation of the Honor Code occurred.

 

Programmatic Sanctions – assignment to educational programs that address issues important to the campus community (i.e., alcohol, community issues, anger management, etc.).

 

Restrictions – Exclusion from participation in social, privileged, or extra curricular activities for a specified period of time.

 

Other Sanctions – other sanctions may be imposed instead of or in addition to those specified such as discipline service hours, counseling assessments, and research projects.

 

The Institute will develop sanctioning guidelines for some violations of this Code.  Guidelines are provided to give an understanding of likely sanctions but are not a required or guaranteed response to a violation.

 

F.      APPEAL PROCEDURES

 

These procedures apply to individual Student allegations.  The process for Student Organization appeals is outlined in the Student Organization Code of Conduct which can be found on the Office of the Dean of Students  website (http://www.deanofstudents.gatech.edu/Policy/student.org.code.html) and in the appendices of this Code.

 

If accused students are dissatisfied with the action taken by the Dean of Students, they may appeal the case in writing to the Vice President of Student Affairs of Georgia Tech within seven (7) calendar days after the action about which there is a complaint was delivered.  Such an appeal shall cite all reasons for dissatisfaction with the previous decision.

 

An appeal is not a new hearing and shall be limited to review of the record of the initial hearing, supporting documents, the Student’s appeal and the response of the panel and the Institute for one or more of the following purposes:

·        to determine whether the original hearing was conducted fairly in light of the charges and evidence presented;

·        to determine whether the original hearing was conducted in conformity with prescribed procedures;

·        to determine whether the sanctions imposed were appropriate for the violation which the Student was found to have committed; and/or

·        to determine whether new evidence, not available at the time of the hearing is relevant to the final decision.

The Vice President of Student Affairs and the Student Grievance and Appeal Committee (“SGAC”) may contact any person or entity needed to adequately review the appeal.

 

The Vice President of Student Affairs, within ten (10) Working Days, shall refer the appeal to the SGAC.  (See the Faculty Senate website  (www.facultysenate.gatech.edu) for the most recently approved Statutes and Bylaws governing the SGAC.)  Within ten Working days, the SGAC shall review all facts and circumstances connected with the case and shall make its report thereon to the Vice President of Student Affairs.  Within five days after receiving the SGAC report and after consideration of the committee’s report, the Vice President of Student Affairs shall make a decision.  The Vice President of Student Affairs may:  1) overturn the SGAC’s recommendation; 2) uphold the recommendation; 3) modify the recommendation; or 4) remand the case to the original hearing panel.

 

The Board of Regents of the University System of Georgia (the “Board”) is the final appellate authority for all cases involving Students who have been suspended or expelled.  Should aggrieved persons be dissatisfied with the decision of the Vice President of Student Affairs, they may apply to the Board, without prejudice to their position, for a review of the decision.  The application for review shall be submitted in writing to the executive secretary of the Board within a period of twenty (20) business days following the delivery of the decision of the Vice President of Student Affairs.  The controlling Bylaws of the Board governing appeals may be found at http://www.usg.edu/admin/humex/bylaws/bylaws.html#VIII.  This application for review shall state the decision complained of and the redress desired.  A review of 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 sixty (60) days from the filing date of the application for review or from the date of any hearing that may be held thereon.  The decision of the Board shall be final and binding for all purposes.

 

G. RECORD KEEPING AND RELEASE OF INFORMATION FOR INDIVIDUAL STUDENT CASES

 

Maintenance of Discipline Files

Disciplinary records of students found responsible of any charges against them will normally be retained for five (5) years from the date of the most recent notice of disciplinary action.  Disciplinary records containing records of suspension and expulsion will be permanently retained.

 

A case referral results in the creation of a disciplinary file in the name of the accused student.  This file shall be voided if (1) there are no charges filed, or (2) the case is determined to be an informational file only, or (3) the Student is found not responsible for the charges, Voided files will be so marked, shall not be kept with the active disciplinary records, and shall not leave any Student with a disciplinary record.

If the Student is not enrolled when five (5) years have passed and disciplinary action did not result in suspension, suspension held in abeyance, or expulsion, or a Student terminates enrollment more than five (5) years after a violation, the record is destroyed.

Release of Information

1.      Open Records Act

The State of Georgia’s Open Records Act, O.C.G.A. § 50-18-70 et seq., makes most records of the state open to public inspection.  Such records include, but are not limited to: (1) directory information under FERPA (see below) and (2) records of completed hearings regarding Student Organizations.

 

2.      Parental Notification

Parents of Students under the age of 21 may be notified when a Student is found responsible for violating the Georgia Tech Student Policy on Alcohol and other Drugs when any of the following occur:

·        Student endangers themselves or others while under the influence of alcohol or other substances.  Specific instances include DUI, fighting, alcohol poisoning, and hospitalization.

·        When the Dean of Students determines that any future violations of the Institute’s policy will most likely result in suspension from Georgia Tech.

·        When a hearing officer determines that any future violations of the Institute’s policy will likely result in removal from housing.

 

3.      Other Releases

The Institute complies with the current The Family Educational Rights and Privacy Act (“FERPA”).  At the time of printing, FERPA generally provides that personally identifiable information may not be released without the Student’s consent.  However, there are a number of exceptions to this rule, including, but not limited to, the following:

i.         Institute Officials, including teachers, who have a legitimate educational interest in the information;

ii.       Officials of other schools in which the Student seeks admission or intends to enroll, on the condition that the Student, upon request, receives a copy of the record that has been transferred and has an opportunity to challenge, upon request, the content of the record;

iii.      Parents of a dependent Student defined in the Internal Revenue Code, as evidence by a notarized affidavit stating that the Student is a dependent for income tax purposes;

iv.     Appropriate parties in a health or safety emergency.  Factors to consider in determining whether personally identifiable information should be disclosed shall include:

a.       the seriousness of the threat to the health and safety of the Student or other individuals;

b.      the necessity of gaining the information to deal with the emergency;

c.       the ability of the parties to whom the information is disclosed to deal with the emergency; and

d.      the extent to which time is of the essence in dealing with the emergency.

v.       In response to a judicial order or lawfully issued subpoena.  The university official must make a reasonable effort to notify the Student of the order or the subpoena several days in advance of compliance, except when the subpoena was issued for a law enforcement purpose and states that the Student is not to be notified.

vi.     In response to an applicable Open Records request.

 

Transcript Encumbrances

In pending cases that could result in suspension or expulsion, the Dean of Students will normally place a temporary encumbrance (hold) on a Student’s records.  The Dean of Students will also place a hold on a Student’s records if the Student fails to respond to an official request to meet or if the Student fails to complete assigned sanctions.

 

H. APPENDICES

 

Policies found on http://www.deanofstudents.gatech.edu/Policy/index.html

Honor Code

Conduct Code and Disciplinary Procedures for Student Organizations

Georgia Institute of Technology Student Policy on Alcohol and Illegal Drugs 

Georgia Tech Student Policy on Sexual Harassment and Sexual Misconduct

Regents Statement on Disruptive Behavior

Board of Regents Policy 406.01 Withdrawal of Recognition of Student Organizations

Policy for Dealing with Students with Psychological Difficulties

 

Other Relevant Policies

Computer Use and Network Policy -

http://www.oit.gatech.edu/security/policy/usage/contents.html

GT Parking and Transportation Services Motor Vehicle Registration -

http://www.parking.gatech.edu/ie_home.html