Code-of-Conduct.pdf

THE UNIVERSITY OF GEORGIA

CODE OF CONDUCT

Division of Student Affairs, Office of Student Conduct

CONTENTS

I. Introduction 1

II. Definitions 2

III. University Authority 4

IV. Office of Student Conduct Authority 5

V. Conduct Regulations ____ 5-7

VI. Conduct Procedures

Filing a Report

Reporters ____ 8

Responsible Action Protocol 8

Interim Measures 9

Initiating the Conduct Process 10

Resolution of the Conduct Process 10

Sanctions 16

Appeals 18

Student Holds 20

VII. Parental Notification 20

VIII. Records 21

IX. Adoption and Amendments 21

I. INTRODUCTION

Purpose

With its statewide mission and core characteristics, the

University of Georgia endeavors to prepare the

University community and the state for full

participation in the global society of the twenty-first

century. In order to facilitate the desired environment

and educational goals of the University and to protect

the rights and privileges of its students, the University

has adopted conduct regulations for individuals and

organizations and has established a conduct process.

When a student or organization is suspected of

violating a conduct regulation, the Office of Student

Conduct is responsible for investigating alleged

conduct regulation violations and coordinating the

conduct process, unless another office is designated in

this Code of Conduct.

This Code of Conduct has been developed by the Office

of Student Conduct to provide useful information to

students and organizations about their rights and

responsibilities as members of the University

community. All procedures for responding to possible

violations of conduct regulations, including specifics of

the conduct process, a listing of possible sanctions, and

the appeals procedures are included in the Code of

Conduct. These procedures have been established to

ensure due process and fundamental fairness to all

involved in the University’s conduct process. They also

ensure compliance with the minimum procedural

standards outlined in Board of Regents Policy Manual

4.6.5.

Office of Student Conduct Mission

The Office of Student Conduct, a department within the

Division of Student Affairs, seeks to enhance the

learning environment for members of the University of

Georgia community by inspiring students to engage

meaningfully, grow intellectually, and build character.

This mission is accomplished by:

• educating University of Georgia students and

organizations about their rights, responsibilities

and expectations as members of a community;

• providing a fair and educational process fo

tudents and organizations through which allege

iolations of the University Code of Conduct are

resolved;

• creating opportunities for student learning and

development; and

• offering outreach services to educate faculty, staff

and other community partners about the role of our

office and the Code of Conduct.

University Judiciary Mission

We, the University of Georgia Judiciary, seek to foster

respect within the University community through

adherence to the Code of Conduct and by utilizing

proactive education and a fundamentally fair conduct

process.

Student and Student Organization Rights

and Responsibilities

Students and organizations are not only members of

the academic community but are also members of the

larger society. Students individually, therefore, retain

the rights, guarantees and protections afforded to and

the responsibilities held by all citizens. A student is not

immune to prosecution by local, state, or federal law

enforcement agencies irrespective of whether the

University initiates conduct proceedings in a given

situation; accordingly, a conduct case may proceed in

the absence of a criminal prosecution. As members of

the University community, students and organizations

have a responsibility to know and follow the regulations

outlined in this Code of Conduct. Violations of these

regulations will result in action by the Office of Student

Conduct, unless another office is designated in this

Code of Conduct.

As would be expected, standards for University

students and organizations are higher than those of

communities not engaged solely in scholarly pursuits.

Not every situation a student or organization may

encounter can be anticipated in a written document.

Therefore, students and organizations are expected to

act in a manner that demonstrates integrity and respect

for others and the campus environment. In order to

provide direction for that expectation, the University

University of Georgia Code of Conduct | 2

has adopted The Pillars of the Arch as a means of

articulating three guiding principles or values. By

adhering to these principles, students and

organizations can enjoy their own rights while also

respecting others’ rights. By doing so, students assist

in furthering the University’s aspirations to uphold The

Pillars of the Arch.

Pillars of the Arch

As members of the University of Georgia community,

we aspire to uphold the principles manifested in the

three pillars of the Arch:

Wisdom challenges us to apply lessons received inside

and outside the classroom to our everyday lives.

Wisdom transcends knowledge, embracing curiosity,

discovery, and expression throughout our community.

Justice leads us to be fair in our dealings, accountable

for our actions, responsible for ourselves, and

empathetic for others. Justice requires honesty and

celebrates diversity, establishing credibility and

integrity for our community and ourselves.

Moderation compels us to act with civility, bolstering

our faith in others and the faith others have in us.

Moderation accentuates our self-respect, promotes

responsible citizenship, and enhances pride in our

university.

Without each of these pillars, the Arch would lose its

strength and balance. Likewise, all three qualities are

necessary for us to be strong and complete citizens.

II. DEFINITIONS

Hearing Officer refers to any person or persons

authorized by the Director for Student Conduct to

preside over hearings involving allegations of sexual

misconduct.

Panel Member refers an individual who serves on a

Hearing Panel.

Advisor refers to the individual who assists a student

or organization during the conduct process. An

Advisor is any individual the student or organization

chooses. University Judiciary members are available to

serve as Advisors as outlined in this Code of Conduct.

Appellate officer means any person authorized to

consider an appeal submitted by a student or

organization in regard to a judicial body’s decision.

Business day refers to any day on which the Office of

Student Conduct is open to the general public.

Administrative Officer refers to any person or

persons authorized by the Director for Student Conduct

or Title IX Coordinator to manage conduct cases and

administer the informal resolution process.

omplainant refers to an individual who is alleged to

be a victim of conduct that would violate this Code of

Conduct. However, in cases not involving allegations of

sexual misconduct, only a student may be considered a

Complainant.

irector for Student Conduct is that person

designated by the University to be responsible for

administration of the University’s conduct process.

Faculty member refers to any person hired by the

University and any or all extended campuses to conduct

classroom activities.

Hazing is defined as any intentional, negligent or

reckless action, activity or situation that causes another

pain, embarrassment, ridicule or harassment,

regardless of the individual’s willingness to participate.

Such actions and situations include, but are not limited

to:

• forcing or requiring the drinking of alcohol or any

other substance;

• forcing or requiring the consumption of food or any

other substance;

• calisthenics (push-ups, sit-ups, jogging, runs, etc);

• “treeings”;

• paddling;

• line-ups;

• theft of any property;

• road trips;

• scavenger hunts;

• causing fewer than six (6) continuous hours of

sleep per night;

• conducting activities that do not allow adequate

time for study;

• requiring activity that causes disruption to

academic pursuits or endeavors;

• forcing or requiring nudity at any time;

• performing acts of personal servitude for members

(driving them to class, cleaning their individual

rooms, serving meals, washing cars, shopping,

laundry, etc);

• physical abuse or injury; and

• f

orcing or requiring the violation of University

policies, or federal, state or local laws.

Hearing Panel refers to the group of individuals who

hear cases of alleged student misconduct within the

formal hearing process. A Hearing Panel is typically

made up of two Justices from University Judiciary and

one University faculty or staff member. However, for

hearings involving an allegation of sexual misconduct,

the Hearing Panel is made up of three University

faculty or staff members.

Investigator refers to any person or persons

authorized by the Director for Student Conduct or the

Title IX Coordinator to conduct investigations of

alleged violation(s) of conduct regulation(s) prior to a

formal hearing.

University of Georgia Code of Conduct | 3

Joint hearing refers to a hearing in which two or

more students or organizations are charged with

violating one or more conduct regulations pertaining to

the same incident.

Judicial body includes any person or persons

authorized by the Director for Student Conduct to

determine whether a student or organization has

violated conduct regulations and to impose sanctions.

Justice refers to an individual from the University

Judiciary who serves on a Hearing Panel.

May is used in the permissive sense.

Member of the University community includes

any person who is a student, faculty member,

University official or any other person employed by the

University, as well as contractors, vendors, visitors, and

guests. A person’s status in a particular situation shall

be determined by the Director for Student Conduct, or

as applicable, the Title IX Coordinator.

Opinion Writing Justice is the Justice who

documents the decision of the Hearing Panel in cases

not involving sexual misconduct and provides a written

decision that will be delivered to the student or

organization.

Organization and student organization refer to

any number of students who have complied with the

requirements for University registration or any number

of students who act as an organization as determined

by the Office of Student Conduct. Student

organizations that are referred to the conduct process

will be represented by the president of that

organization. The president may designate another

active member to be the representative in their place.

Policy is defined as any written rule or regulation of

the University.

Preponderance of the evidence means evidence

that would lead a reasonable person to conclude that it

is more likely than not that the act in question did

occur.

Presiding Justice refers to the Justice who manages

the formal hearing in cases not involving allegations of

sexual misconduct.

Prior record refers to all information related to any

conduct regulation violation(s) that occurred and were

resolved prior to the incident in question.

Reporter refers to an individual who reports

information to the University regarding an alleged

conduct regulation violation(s). A reporter may, in

some instances, be a Complainant, but can also be

another individual.

Respondent refers to a student or organization who

is alleged to have violated this Code of Conduct.

Shall and will are used in the imperative sense.

Student includes all persons registered at the

University and all affiliated campuses pursuing

undergraduate, graduate, or professional studies,

individuals admitted to the University and all affiliated

campuses that have been cleared to register, and

individuals who are not registered but are eligible to

individual who registers for a semester and then

withdraws, or is withdrawn, is considered a student for

that semester.

Title IX Coordinator is that person designated by

the University to be responsible for monitoring and

overseeing Title IX compliance at the University, to

include coordination of training, education,

communications, and administration of grievance

procedures for faculty, staff, students and other

members of the University community.

University refers to the University of Georgia and any

or all extended campuses.

University Advocate refers to the individual from

the University Judiciary who presents information on

behalf of the University in all matters pertaining to

formal conduct hearings facilitated by University

Judiciary.

University Judiciary refers to an organization

whose members have studied and received extensive

training regarding the procedures for University

hearings and the University conduct regulations. The

University Judiciary provides assistance for hearings

and evaluates appeals for on-campus parking tickets.

University official includes any person assigned

administrative, professional or staff responsibilities for

the University and any or all affiliated campuses.

University premises includes all land, buildings,

facilities, and other property in the possession of or

owned, used, or controlled by the University including

adjacent streets and sidewalks.

Sexual Misconduct Definitions

Sexual Misconduct Policy refers to that policy

through which alleged sexual misconduct, including

any form of gender or sex-based discrimination or

harassment, perpetrated by a student, will be

addressed. The Sexual Misconduct Policy (along with a

full set of definitions that are applicable to this Code of

Conduct) is outlined in its entirety in Board of Regents

Policy Manual 6.7.

Dating Violence refers to violence committed by a

person who is or has been in a social relationship of a

romantic or intimate nature with the alleged victim.

The existence of such relationship shall be determined

based on the totality of the circumstances including,

without limitation to: 1) the length of the relationship;

he type of relationship; and 3) the frequency of th

nteraction between the persons involved in the

relationship. Dating violence includes, but is not

limited to, sexual or physical abuse or the threat of such

University of Georgia Code of Conduct | 4

abuse. Dating violence does not include acts covered

under the definition of domestic violence.

Domestic Violence refers to violence committed by

a current or former spouse or intimate partner of the

alleged victim; by a person with whom the alleged

victim shares a child in common; by a person who is

cohabitating with, or has cohabitated with, the victim

as a spouse or intimate partner, or by a person similarly

situated to a spouse of the alleged victim.

Nonconsensual Sexual Contact refers to any

physical contact with another person of a sexual nature

without the person’s consent. It includes but is not

limited to the touching of a person’s intimate parts (for

example, genitalia, groin, breasts, or buttocks);

touching a person with one’s own intimate parts; or

forcing a person to touch his or her own or another

person’s intimate parts. This provision also includes

“Fondling” as defined by the Clery Act.

Nonconsensual Sexual Penetration refers to any

penetration of the vagina, anus, or mouth by a penis,

object, tongue, finger, or other body part; or contact

between the mouth of one person and genitals or anus

of another person. This provision also includes “Rape,

Incest, and Statutory Rape” as defined by the Clery Act.

Reasonable Person refers to an individual who is

objectively reasonable under similar circumstances

and with similar identities to the person being

evaluated.

Sexual Exploitation refers to taking non-consensual

or abusive sexual advantage of another for one’s own

advantage or benefit, or for the benefit or advantage of

anyone other than the one being exploited.

Sexual Harassment refers to unwelcome verbal,

nonverbal, or physical conduct, based on sex (including

gender stereotypes), determined by a Reasonable

Person to be so severe, persistent, and objectively

offensive that it effectively denies a person equal access

to participate in or to benefit from an institutional

education program or activity in violation of Title IX.

Stalking refers to engaging in a course of conduct

directed at a specific person that would cause a

reasonable person to fear for their safety or the safety

of others or suffer substantial emotional distress.

Course of conduct means two or more acts, including,

but not limited to, acts in which the stalker directly,

indirectly, or through third parties, by any action,

method, device, or means, follows, monitors, observes,

surveils, threatens, or communicates to or about a

person, or interferes with person’s property.

Substantial emotional distress means significant

mental suffering or anguish that may but does not

necessarily, require medical or other professional

treatment or counseling.

Alcohol and Other Drug Definitions

University Alcohol and Other Drug Policies

refers to all policies set forth by the University related

to alcohol and other drugs, including but not limited to

those addressed in the Code of Conduct, University

Housing Community Guides, Study Abroad Guidelines,

and other policies regarding social events.

Consumption or use of alcohol refers to the act of

drinking, ingesting, and/or any other method of

introducing any amount of an alcoholic beverage into

one’s body.

Distribution of alcohol or drugs refers to the

sharing of alcohol or illegal drugs/controlled

substances with or giving them to others.

Facilitating the possession/use of alcohol or

drugs refers to the act of allowing others to possess,

consume, or use alcohol or illegal drugs/controlled

substances in one’s residence or automobile.

Possession of alcohol or drugs refers, but is not

limited, to holding, no matter the duration, alcohol or

illegal drugs/controlled substances in hand or, having

them in one’s clothing, purse/book bag (or similar

case), automobile, residence, or other personal

belonging.

Sale of drugs refers to the exchange of illegal

drugs/controlled substances for money or other forms

of compensation.

Use of drugs refers to the act of ingesting, inhaling,

drinking, eating, and/or any other method of

introducing an illegal drug/controlled substance into

one’s body.

A Level I violation is defined as possession, use,

distribution, or facilitating the possession/use of

alcohol.

A Level II violation includes, but is not limited to,

any violation involving the operation of a motor vehicle

after consumption of alcohol and/or use of drugs; acts

of violence, destruction of property, or disorderly

conduct while using alcohol or drugs; or intoxication

level that requires medical treatment or results in

medical personnel being called, even if treatment is

refused; and any drug related violation.

The University of Georgia considers Level II

violations to be more egregious in nature than

Level I.

III. UNIVERSITY AUTHORITY

Generally, conduct regulations contained in this Code

of Conduct shall apply to conduct which occurs on

University premises and to conduct which occurs while

a student is attending or participating in any University

related activity wherever that activity may take place.

Additionally, as standards for University students and

University of Georgia Code of Conduct | 5

organizations are higher than those not a part of the

University community or the pursuit of its objectives,

any behavior, on or off University premises, is subject

to action under this Code of Conduct. Students and

organizations are expected to abide by the conduct

regulations in this Code of Conduct both on and off

campus and acknowledge the university’s authority to

take action to address behavior incongruent with these

regulations, wherever that behavior may occur.

Proceedings under this Code of Conduct may be

instituted against students charged with a violation of

a municipal, state or federal law, when the alleged

conduct is also a violation of this Code. Proceedings

under this Code may be carried out prior to,

simultaneously with or following civil or criminal

proceedings. Decisions about the timing of specific

actions will be made by the Director for Student

Conduct, Title IX Coordinator, or a designee based on

the status of the evidence and other relevant case

factors.

IV. OFFICE OF STUDENT CONDUCT

AUTHORITY

The Director for Student Conduct shall develop policies

for the administration of the conduct program and

procedural rules for conducting hearings that are not

inconsistent with provisions of the Code of Conduct.

V. CONDUCT REGULATIONS

The following actions are prohibited and constitute a

violation of the Code of Conduct. The Office of the Vice

President for Instruction handles all cases involving

alleged violations of Conduct Regulation I (Academic

Dishonesty). The University’s Equal Opportunity

Office shall be responsible for addressing alleged

violations of Conduct Regulation 3.11 by administering

and enforcing the University’s Non-Discrimination and

Anti-Harassment (NDAH) Policy. In addition, the

Equal Opportunity Office shall process and investigate

any alleged violations of Conduct Regulation 3.4

pursuant to the Student Sexual Misconduct Policy and

this Code of Conduct. The Office of Student Conduct

handles all other allegations of conduct violations and

any student or organization found to have committed a

violation of these conduct regulations is subject to the

sanctions outlined in this Code of Conduct.

To determine whether an organization is responsible

for a violation of the Code of Conduct, all circumstances

will be considered, including, but not limited to: a)

whether the misconduct was committed by one or more

members of the organization; b) whether officers of the

organization had prior knowledge of the misconduct; c)

whether organization funds were used; d) whether the

misconduct occurred as a result of an organization-

sponsored function; and e) whether members of the

organization lied about the incident.

1. Academic Dishonesty

Knowingly performing, attempting to perform, or

assisting another in performing any act of

cademic dishonesty.

The University of Georgia’s Honor Code, a

supplement to the University’s academic honesty

policy states, “I will be academically honest in all of

my academic work and will not tolerate academic

dishonesty of others.”

A complete description of the regulations and

procedures for handling matters of academic

dishonesty appear in the policy manual, A Culture

of Honesty, which is available in the Office of the

Vice President for Instruction, in the Student

Handbook under Academic Policies and

Procedures, at The Office of Student Affairs fo

winnett University Center, and online at

http://uga.edu/honesty/

2. Other Acts of Dishonesty

1. Furnishing false information to any University

fficial, office, or other law enforcement officer.

2. Forgery, alteration, or misuse of any document,

record, or instrument of identification, o

ossession of any false identification or

identification belonging to another person with

dishonest intent.

3. Causing, condoning, or encouraging the

completion of any University record, document,

or form dishonestly, including but not limited to

omitting facts which are material for the purpose

of which the record, document, or form is

submitted

4. O

ffering or causing to be offered any bribe o

favor to a University official, office, or other law

enforcement officer in order to influence a

decision.

5. Tampering with the election of any University

recognized organization.

6. Casting or attempting to cast more than one

ballot in any election or referendum on

campus.

3. Disorderly Conduct

The University of Georgia fully supports the

marketplace of ideas and shall enforce its conduct

regulations in accordance with the freedoms of

speech and expression protected by the United

States and Georgia Constitutions.

1. Intentional or reckless disruption o

bstruction of teaching, research,

administration or other University activities,

including its public service functions on or o

ampus, or other authorized non-University

activities taking place on University property

with the exception of constitutionally protected

freedom of speech and expression.

University of Georgia Code of Conduct | 6

2. Conduct that intentionally or recklessly causes

or provokes a disturbance that disrupts the

academic pursuits, or infringes upon the

rights, privacy, or privileges of another person.

3. Conduct that threatens or endangers the health

or safety of another person, including but not

limited to physical violence, abuse,

intimidation, and/or coercion; or violation of a

legal protective order.

4. Sexual Misconduct, including but not limited

to, such unwanted behavior as dating violence,

domestic violence, nonconsensual sexual

contact, nonconsensual sexual penetration,

sexual exploitation, sexual harassment, and

stalking, or any other form of conduct

prohibited by the Sexual Misconduct Policy.

The Sexual Misconduct Policy can be found at:

https://eoo.uga.edu/polici

es/sexual-

misconduct-policy.

5. Violation of published University policies,

rules, or regulations.

6. Failure to comply with directions of any

University official, office or other law

enforcement officer acting in performance of

their duties and/or failure to identify oneself to

these persons when requested to do so.

7. Participation in a campus demonstration that

violates the University’s Policy on Freedom of

Expression, intentionally or recklessly disrupts

the normal operations of the University or

infringes on the rights of other members of the

University community.

8. Intentional or reckless obstruction, which

unreasonably interferes with the freedom of

movement of an individual or group.

9. Entering an athletic contest, dance, social or

other event without the proper credentials for

admission (ticket, identification, invitation).

10. Circulation of any advertising media that

violates the University’s Policy on Freedom of

Expression, intentionally or recklessly disrupts

the normal operations of the University or

infringes on the rights of other members of the

University community.

11. Harassment and discrimination against any

person as prohibited by the University’s Non-

Discrimination and Anti-Harassment (NDAH)

Policy.

A complete description of the regulations and

procedures for addressing potential violations

of the NDAH Policy can be found within the

policy at

https://eoo.uga.edu/policies/non-

discrimination-anti-harassment-policy.

12. Acts of animal cruelty or abuse.

4. Alcohol & Other Drug Related Misconduct

1. Use or possession of alcoholic beverages except

as permitted by law and University Alcohol and

Other Drug Policies.

2. Providing, distributing, selling, or facilitating

the use or possession of alcoholic beverages

except as permitted by law and University

Alcohol and Other Drug Policies.

3. Disruptive or disorderly conduct caused by the

influence of alcohol and/or other drugs.

4. Use or possession of narcotic or other

controlled substances except as permitted by

law and University Alcohol and Other Drug

Policies.

5. Providing, distributing, selling, or facilitating

the use or possession of narcotic or other

controlled substances except as permitted by

law and University Alcohol and Other Drug

Policies.

5. Theft, Damage & Disregard for Property

1. Taking, attempting to take, or keeping in one’s

possession any property or item, including but

not limited to any tangible possession,

information, or account, without proper

authorization.

2. Malicious or unwarranted damage or

destruction, or attempted damage or

destruction, of any property or item, including

but not limited to any tangible possession,

information, or account.

3. Selling or attempting to sell a textbook unless

the seller is the owner of the textbook or has the

permission of the owner to do so.

4. Taking, attempting to take, or keeping items

belonging to the library or items placed in the

library for display.

6. Fire Safety & Sanitation

1. Misusing, damaging or tampering with fire

safety equipment.

2. Setting or causing to be set any unauthorized

fire.

3. Possessing or using fireworks, explosives or

other incendiary devices without

authorization.

4. Making or causing to be made a false fire

alarm.

5. Intentionally or recklessly obstructing a fire

exit in any University building.

6. Failure to exit a University building when the

fire alarm sounds.

7. Failure to maintain an organization’s facilities

and/or surrounding property creating a

potential danger to the health or safety of the

occupants or other individuals.

7. Weapons

1. Possessing firearms, explosives, other

weapons, or dangerous chemicals on

University property unless permitted by law.

The weapons policy can be found at

https://police.uga.edu/crime-stats/weapons-

on-campus-info-2.

8. Unauthorized Entry or Use

1. Unauthorized entry or attempted entry into

any property, including but not limited to any

University of Georgia Code of Conduct | 7

building, office, or other facility, automobile,

backpack, or account.

2. Making or attempting to make unauthorized

use of any building, office, or other facility,

information, or accounts.

3. Unauthorized possession, use, or duplication

of keys or other methods of controlled access

(i.e. cards, codes).

9. Student Housing

1. Unauthorized entry, attempted entry, or

remaining in restricted areas, including roofs,

of any University-owned student residence.

2. Failure to comply with policies established in

various residence halls for the protection of the

privacy, rights, privileges, health or safety of

the community. University Housing

community guides can be found at

https://housing.uga.edu/site/resources.

10. Computer Use

1. Failure to comply with University computer

use policies. Computer use policies can be

found at

https://eits.uga.edu/access_and_security/

infosec/pols_regs/policies/aup/.

11. Gambling

1. Conducting, organizing, or participating in any

activity involving games of chance or gambling

except as permitted by law and University

policy.

12. Hazing

1. Participating in, condoning, encouraging,

requiring, or allowing opportunity for hazing.

13. Interference with the Orderly Operation of

the Conduct Process

1. Unreasonably delaying the conduct process by

failing to schedule or appear for a meeting as

requested by an administrative officer.

2. Intentionally providing false, distorted, or

misrepresented information to an

administrative officer or Hearing Panel or

knowingly initiating a false complaint.

3. Disrupting the orderly operation of a conduct

proceeding.

4. Attempting to discourage an individual’s

proper participation in, or use of, the conduct

process.

5. Harassing, intimidating, and/or retaliating

against an administrative officer, Panel

Member, reporting party, or any other

individual associated with any report,

investigation, informal or formal resolution, or

appellate proceeding under the Code of

Conduct.

6. Failure to comply with the sanctions imposed

under the Code of Conduct.

14. Shared Responsibility for Violations

1. Acting in concert to violate University conduct

regulations.

. Knowingly condoning, encouraging, o

equiring behavior that violates University

conduct regulations.

3. Allowing, condoning, permitting or providing

opportunity for a guest to violate University

conduct regulations.

VI. CONDUCT PROCEDURES

Filing a Report

Incidents of alleged violations of conduct regulations

are reported to the Director for Student Conduct, Office

of Student Conduct, or a designee. The Title IX

Coordinator/Equal Opportunity Office has been

designated to receive reports involving allegations of

sexual misconduct, harassment, or discrimination,

including violations of the NDAH Policy or Conduct

Regulation 3.4 and 3.11. Individuals or groups filing a

report are encouraged to do so in writing and the report

should be submitted as soon as possible after the

alleged violation. Verbal reports will also be accepted.

Reports should contain as much information as

possible, and where known to the reporter, should

provide (1) the type of misconduct alleged; (2) the name

and contact information of the student(s) and/or

organization(s) involved in the alleged misconduct; (3)

the date(s), time(s), and place(s) of the alleged

misconduct; (4) the name(s) and contact information

of any individual(s) with knowledge of the incident of

alleged misconduct; (5) whether any evidence has been

preserved; and (6) whether a criminal complaint has

been made in connection with the alleged misconduct.

Reports not submitted in writing will be independently

verified prior to initiating the conduct process. For

individuals or groups filing a report, a meeting can be

arranged with an administrative officer in the Office of

Student Conduct, or Equal Opportunity Office as

appropriate, to discuss the conduct process. For

incidents to be reported in University Housing,

individuals or groups filing a report may contact the

Community Office where the incident took place.

After receiving a report, an administrative officer will

be assigned to review the circumstances of the incident

and determine what conduct regulations, if any, are

alleged to have been violated. Reports that describe

alleged behavior that does not violate any conduct

regulation(s) may result in no action being taken.

Additionally, lack of sufficient information in a report

may result in no action being taken.

If the administrative officer, following his or her

review, finds that the report alleges violations of the

conduct regulations, the administrative officer will

initiate the conduct process.

When an organization is alleged to have violated

conduct regulations and the administrative officer

handling the case decides to initiate the conduct

process, the administrative officer will notify the chief

University of Georgia Code of Conduct | 8

officer of the organization. The chief officer will act as

the representative of the organization throughout the

conduct process. The chief officer may designate this

responsibility to another active member of the

organization by notifying the administrative officer in

writing.

Some reports submitted involve possible violations of

conduct regulations, but clearly are the result of an

unresolved, on-going dispute between students. Other

reports do not involve violations of regulations, but

they too reflect student disputes. In either of these

situations, the students may be informed of the option

to resolve the matter through mediation. Mediation is

a voluntary process that utilizes an impartial, neutral

third party who acts as a facilitator to help the parties

reach a mutually acceptable outcome. Information

regarding the University’s mediation processes will be

provided upon request.

Reporters

Incidents of alleged violations of conduct regulations

may be reported by a variety of individuals or groups,

including but not limited to University students, faculty

or staff, law enforcement, or other third parties. All

reporting parties will be subject to the following:

1. Limited Confidentiality: Where a reporter requests

that their identity be withheld or the allegation(s)

not be investigated, the administrative officer

should consider whether or not such request(s) can

be honored while still promoting a safe and

nondiscriminatory environment for the University.

The administrative officer will inform the

requesting party (1) that the University generally

cannot guarantee confidentiality and that even

honoring the request shall not prevent th

niversity from reporting information or statistical

data as required by law, including the Clery Act, (2)

that honoring the request may limit the ability to

respond fully to the incident, and (3) that such

request may limit the University’s ability to carry

out its conduct process.

2. Retaliation Prohibited: Anyone who has made a

report or complaint, provided information,

assisted, participated, or refused to participate in

any investigation or resolution under this Code of

Conduct, shall not be subjected to retaliation.

Anyone who believes they have been the target of

retaliation should immediately contact the

Director for Student Conduct or Title IX

Coordinator. Any student or organization alleged

to have engaged in retaliation will be subject to the

conduct process as outlined in this Code of

Conduct.

3. Amnesty: Individuals are encouraged to come

orward and report student misconduct and/o

articipate in a student misconduct investigation

notwithstanding such reporting individual’s choice

to consume alcohol or to use drugs. If an individual,

voluntarily and in good faith, reports their use of

alcohol or drugs, or the use by others, prior to or

during an investigation, such information will not

be used against any individual in a disciplinary

proceeding and will not be voluntarily reported to

law enforcement; however, individuals may be

provided with resources on drug and alcohol

counseling and/or education, as appropriate. This

amnesty provision shall not apply when an alleged

violation of Conduct Regulation 4 (Alcohol and

Drug Related Misconduct) is currently at issue in a

pending case or investigation.

Responsible Action Protocol

In addition to the amnesty outlined above provided to

student(s) reporting misconduct or participating as

witnesses during an investigation, the University’s

Responsible Action Protocol also applies to students

and organizations. The purpose of the protocol is to

encourage students to make responsible decisions in

life-threatening situations that result from alcohol

and/or other drug abuse and to seek medical attention

for someone who is in danger because of intoxication.

Students should alert University officials, UGA or local

police, or professional medical personnel when they or

their friends are in danger. Students who call for, seek,

or require emergency assistance for an alcohol or other

drug related emergency may not be subject to

mandatory alcohol and other drug sanctions under the

Code of Conduct. The Responsible Action Protocol

applies only to alcohol and other drug related medical

emergencies. It does not apply to other prohibited

behavior such as disorderly conduct (including physical

or verbal abuse), property damage, or distribution of

illicit substances.

1. The Responsible Action Protocol applies to

students who seek assistance or medical treatment

for another student experiencing or believed to be

experiencing an alcohol or drug related overdose.

The protocol also applies to students who are

experiencing an alcohol or drug related overdos

nd seek assistance or medical treatment on their

own behalf or are the subject of such a request.

2. If a representative of an organization hosting an

event calls for medical assistance, this act of

responsibility might mitigate potential conduct

onsequences that could arise against the

organization, i.e., the fact that an organization

sought help might be considered in potential

sanctioning for university policy violations.

3. The protocol applies only to the Code of Conduct

and does not in any way prohibit law enforcement

agencies within their jurisdictions from enforcing

the laws enacted by the State of Georgia.

Students considered for the Responsible Action

Protocol are required to meet with a member of the

Office of Student Conduct who, after evaluating the

situation, may also refer the student to a substance

University of Georgia Code of Conduct | 9

abuse specialist in the John Fontaine, Jr. Center for

Alcohol Awareness and Education for assessment,

counseling, and/or possible referral for treatment.

Students may also be required to complete additional

educational programming. Students who are referred

to the John Fontaine, Jr. Center for Alcohol Awareness

and Education but fail to meet and complete the

recommendations in their entirety may be subject to

further action.

Even if there is not a disciplinary action, the Office of

Student Conduct will notify the parents of the student

(Parental Notification) and will maintain a file of the

case which can be used as a prior record should

subsequent alcohol or other drug violations occur.

Files will be maintained in accordance with the Office

of Student Conduct records management.

If the student has any subsequent incidents, these will

be handled through the regular conduct process. If a

violation is found to occur, prior records, including

involvement in the Responsible Action Protocol, will be

considered for sanctioning purposes.

Interim Measures

Interim measures may be issued by the Director for

Student Conduct, Title IX Coordinator, or a designee,

at any point after the University becomes aware of an

allegation of misconduct in order to protect any student

or other individual in the University community. Such

measures should minimize the burden on both the

Complainant (where applicable) and the Respondent.

Interim measures may be designed to restore or

preserve equal access to an education program or

activity, including measures designed to protect the

safety of students’ educational environments, deter

further misconduct and retaliation, and may include,

but are not limited to:

1. Change of Housing assignment;

2. Issuance of a “no contact” directive;

3. Restrictions or bars to entering certain institution

property;

4. Changes to academic or employment

arrangements, schedules, or supervision;

5. Interim suspension; and

6. Other measures designed to promote the safety and

well-being of the parties and University

community.

Interim Suspension

In certain circumstances, the Director for Student

Conduct, Title IX Coordinator, or a designee, may

impose an interim suspension from the University at

the outset of the conduct process and prior to a hearing

before a judicial body. Interim suspension may be

imposed upon a Respondent only where necessary to

maintain safety, and should be limited to those

situations where the student or organization against

whom a report of alleged misconduct has been made

poses a serious and immediate danger or threat to

persons or property.

In determining whether to impose an interim

suspension, the Director for Student Conduct, Title IX

Coordinator, or a designee, shall consider the existence

of a significant risk to the health or safety of the

Complainant (where applicable) or 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.

During an interim suspension, the student shall be

denied access to the campus (including classes,

residential buildings, and campus transit) and/or all

other University activities or privileges for which the

student might otherwise be eligible. During the

interim suspension, the student will be permitted on

campus for scheduled meetings with the Director for

Student Conduct/Title IX Coordinator and/or other

meetings approved by the Director for Student

Conduct/Title IX Coordinator.

If an organization is placed on interim suspension, it

will be expected that all organization activities stop.

Members of the organization are not suspended from

the University unless individual suspensions have been

imposed.

Notification of Interim Suspension

Upon receiving a report indicating any of the

conditions that warrant interim suspension exist and

upon an evaluation of the reliability of that report, the

Director for Student Conduct, Title IX Coordinator, or

a designee, must make all reasonable efforts to give the

Respondent the opportunity to be heard on whether

their presence on campus poses a serious and

immediate danger or threat to persons or property.

Thereafter, the Director for Student Conduct, Title IX

Coordinator, or a designee, shall immediately notify the

Respondent, in writing, of the interim suspension. The

written notification will be hand delivered; sent by

certified mail, return receipt requested; or sent via

email with delivery receipt confirmation. The following

information will be contained in that notification:

1. the University conduct regulation(s) that are

alleged to have been violated;

2. a description of the circumstances of the incident

as reported;

3. an explanation of the conduct process;

4. an explanation of the restrictions placed on the

Respondent while on interim suspension;

5. notification that an appeal of the interim

suspension may be made to the Vice President for

Student Affairs or a designee;

6. contact information for the Director for Student

Conduct, Title IX Coordinator, or designee, and the

Vice President for Student Affairs; and

7. clarification that if no appeal of the interim

suspension is made by the Respondent, the interim

University of Georgia Code of Conduct | 10

suspension and conduct charges will be resolved

through the conduct process, either informally or

formally, as established in the Code of Conduct.

The Respondent will have the opportunity to submit an

appeal of the interim suspension. In order for the

appeal to occur, the Respondent must submit a written

appeal to the Vice President for Student Affairs, or

his/her designee. The written appeal should contain

information that challenges or disputes the interim

suspension. The challenge/dispute should be based on

procedural error, the suspension is overly harsh based

on the allegation(s), or other similar claims. The

written appeal may be accompanied by any evidence

the Respondent deems relevant (which may include but

is not limited to witness statements, written reports,

and applicable documentation). A decision regarding

whether the interim suspension should continue will

occur within three (3) business days after the receipt of

the appeal. The interim suspension will remain in

effect until the appeal is submitted to the Vice President

for Student Affairs or his/her designee AND a decision

regarding the interim suspension has been made. After

considering the appeal of the interim suspension, the

Vice President for Student Affairs or a designee may:

1. Overturn the interim suspension. The Respondent

would be immediately reinstated and conduct

charges would be handled through the normal

conduct process as described in section VI

(Conduct Procedures) of the Code of Conduct. The

Respondent would schedule a meeting with the

Director for Student Conduct, Title IX Coordinator,

or a designee to begin that process.

2. Uphold the interim suspension and the conduct

process will proceed. The restrictions placed on the

Respondent during the interim suspension would

remain in place pending the resolution of the

conduct process. The Respondent would schedule

a meeting with the Director for Student Conduct,

Title IX Coordinator, or a designee to begin that

process.

Following the decision of the Vice President for Student

Affairs or his/her designee, or if an appeal of the

interim suspension is not submitted, the interim

suspension and the conduct charges would be resolved

through the conduct process, either informally or

formally, as described in section VI (Conduct

Procedures) of the Code of Conduct. If the criteria for

informal resolution are met, the action will be resolved

upon the completion of a resolution agreement.

If the criteria for informal resolution are not met, the

matter will be referred to the formal resolution process

(investigation and hearing). Given the serious nature

of the interim suspension, formal resolutions will take

place as soon as possible and within a reasonable and

practical time for all parties concerned.

Initiating the Conduct Process

When a report has been filed and has not been

dismissed following the administrative officer’s initial

review, the Respondent will receive written notification

(includes notification sent via email to UGA mail, an

official form of communication for the University of

Georgia) of the allegations from the administrative

officer assigned to the case. That notification will

include the date of the report, the alleged conduct

regulation violation(s), a request to make an

appointment, the contact information for the

administrative officer, information regarding the

choice to bring an advisor to the appointment, any

support resources available to the Respondent, and an

electronic link to the Code of Conduct (physical copies

of the Code of Conduct are available in the Office of

Student Conduct and upon request). A copy may also

be provided to the Complainant, where applicable. The

Respondent will be able to provide information about

the incident during the meeting.

The Respondent is responsible for arranging this

requested meeting within the parameters stated in the

notification. The purpose of the meeting is to ensure

that the Respondent is sufficiently familiar with the

Code of Conduct (including the conduct regulations

and conduct process) in order to accurately prepare

and present a response to the allegations. At this

meeting the Respondent will be:

A. advised of the right to decline to make any

statements or answer questions and that in doing

so, no inference to responsibility will be drawn;

B. advised of the alleged violations and any written

report submitted;

C. advised of the procedures through which conduct

charges are resolved including the options for and

conditions of handling the matter either through

informal or formal resolution;

D. advised to consult further with the Director for

Student Conduct, Title IX Coordinator, or a

designee concerning any question or interpretation

of procedure.

Throughout the conduct process, a Respondent (and

Complainant, where applicable) has the right to have

an Advisor (who may or may not be an attorney) of their

own choosing available to provide advice and counsel

during meetings and proceedings in which the

Respondent or Complainant is present.

Resolution of the Conduct Process

Resolutions of the University’s conduct process neither

establish nor are based upon precedent. Further,

matters of local, state or federal law are independent of

the conduct process. During the meeting with the

Respondent following the initiation of the conduct

process, the administrative officer will review the

alleged violations with the Respondent, ensure that the

student or organization has been advised as outlined in

the section above, and determine, which, if any, of the

University of Georgia Code of Conduct | 11

alleged violations are to be resolved through the

conduct process. Once the administrative officer has

determined the alleged violations to be resolved

through the conduct process, there are two available

options from which the Respondent can choose: (1)

informal resolution, or (2) formal resolution

(investigation and hearing).

Informal Resolution

If the Respondent agrees that the violation(s) of the

conduct regulations cited occurred, they may decide to

have the case resolved through the informal process. A

Respondent always has the right to refuse the informal

process and proceed with a formal hearing. Final

resolution of the informal process must meet the

following criteria: (1) the administrative officer

handling the case and the Respondent agree that

informal resolution is a reasonable option given the

circumstances; (2) the Respondent must accept

responsibility for the violation(s) of the specified

conduct regulation(s); (3) the Respondent must agree

with the sanctions resulting from the violation(s); (4) if

applicable, the Complainant should agree with the

sanctions issued for the violation(s) and may propose

sanctions that are reasonable and in accordance with

the Code of Conduct. Cases that do not meet all four

criteria for the informal resolution will be referred to

formal resolution (investigation and hearing).

Decisions for Informal Resolution

If the Respondent decides to resolve the conduct

charges informally, and all conditions for such

resolution are met, the Respondent will receive a

written copy of the decision. The decision will be

completed by the administrative officer handling the

case, and upon review, the Respondent will sign the

decision indicating agreement with the method of

resolution. An executed agreement, because voluntary

on behalf of the parties, is not eligible for appeal and is

the final disposition of the matter.

Formal Resolution

If the Respondent disputes that a violation of conduct

regulations has taken place, rejects the informal

resolution, or does not agree with the sanctions

resulting from the informal resolution, the case shall be

resolved through the formal resolution procedures as

follows:

Access to Advisors

1. The Respondent and Complainant (where

applicable), as parties to the formal resolution

process, shall have the right to be assisted by an

Advisor of their choosing.

2. In cases not involving allegations of sexual

misconduct, the Respondent will be assigned an

Advisor from the University Judiciary to assist the

Respondent during the hearing. The Respondent

may elect to waive their right to an Advisor from

the University Judiciary but must notify the Office

of Student Conduct of such wavier, as well as the

identity of the Advisor of their choosing, in writing

prior to the hearing.

3. The Respondent and Complainant (where

applicable) are responsible for presenting their

own case. The Advisor may be present and advise

their advisee in any manner, including by

providing questions, suggestions, and guidance on

responses to any questions asked of their advisee,

but may not otherwise participate directly during

interviews or hearings (except to conduct cross-

examination during Title IX sexual misconduct

cases, discussed below).

4. In Title IX sexual misconduct cases, if a party has

not identified an Advisor by the end of the

investigation, the party will be provided an Advisor

by the University for the purpose of conducting

cross-examination during the hearing on behalf of

the relevant party. However, a party may decide at

any time to utilize an Advisor of their choosing.

Investigation

1. A written “Notice of Investigation” shall be

delivered to the Respondent (and Complainant,

where applicable). The notice shall include (1) the

specific conduct regulation(s) which the

Respondent is alleged to have violated; (2) notice

that the case has been scheduled for an

investigation to determine whether charges will

result from the allegations; (3) the identity of any

investigator(s) assigned to the case; and (4) the

range of sanctions that may result based on the

allegations.

2. Upon receipt of the written notice, the Respondent

shall be given three (3) business days to respond in

writing. In that response, the Respondent has the

right to admit or to deny the allegations, and to set

forth a defense (including self-defense) with facts,

witnesses, and documents – whether written or

electronic – in support. A non-response will be

considered a general denial of the allegations. The

Complainant (where applicable) shall also be

provided three business days to respond to or

supplement the notice.

3. Based on the response, an investigator(s) shall

conduct a thorough investigation which may

consist of interviews of the Respondent, the

Complainant (where applicable) and witnesses,

and the collection and review of documents or

other physical or electronic information, as well as

other steps as appropriate. The investigator(s)

should retain written notes and/or obtain written

or recorded statements from each interview. The

investigator(s) shall also keep a record of any

proffered witnesses not interviewed, along with a

University of Georgia Code of Conduct | 12

brief, written explanation of why the witnesses

were not interviewed.

4. If at any point the investigator determines there is

insufficient evidence to support a charge or to

warrant further consideration of sanctions, then

the complaint should be dismissed. Additionally, if

the Respondent admits responsibility, the

investigation may conclude and the process may

proceed to a hearing for a determination of

sanctions or may be resolved through an informal

resolution, if appropriate.

5. The investigation shall be summarized in writing in

an initial investigation report and provided to the

Respondent, as well as the Complainant (where

applicable), in person or via email. This summary

should clearly indicate any resulting charges (or

alternatively, a determination of no charges), as

well as the facts and evidence in support thereof,

witness statements, and possible sanctions. A

charge is not a finding of responsibility, but

indicates that there is sufficient evidence to

warrant further consideration and adjudication.

6. To the extent the Respondent is ultimately charged

with any violation(s), they shall have the

opportunity to review and respond in writing to the

initial investigation report. The Respondent’s

written response to the charge(s) shall be due three

(3) business days following the date of the initial

investigation report, and should outline any

additional information the Respondent feels

should be included in the report. For investigations

involving allegations of sexual misconduct, the

Respondent and Complainant (where applicable)

shall have at least ten (10) calendar days to review

and respond. A nonresponse to the charge(s) by the

Respondent will be interpreted as a denial of the

charge(s).

7. The investigator(s) shall review any responses and

will conduct further investigation and/or update

the investigative report as warranted by the

response.

8. Once the investigation is complete, the final

investigative report should be provided to the

judicial body for consideration in adjudicating the

charges brought against the Respondent. A copy

shall also be provided to the Respondent, the

Complainant, and any Advisor, if applicable.

Hearing Notification and Procedure

1. Following the submission of the final investigative

report to the applicable parties as outlined above, a

written “Notice of Hearing” shall be delivered to

the Respondent, as well as the Complainant (where

applicable). The notice shall include (1) the specific

conduct regulation(s) the Respondent has been

charged with violating following the investigation;

(2) the alleged factual circumstances supporting

the charge(s); (3) the date, time and place of the

hearing; (4) a list of potential witnesses and any

information that may be presented against the

Respondent at the hearing; and (5) notice that the

University Advocate (only in cases not involving

allegations of sexual misconduct) has the right to

gather and present additional evidence and

witnesses for use in the formal hearing;

accordingly, the University Advocate will notify the

Respondent of such evidence and witnesses by the

deadline stated in the Notice of Hearing.

2. The Notice of Hearing must be received by the

Respondent at least ten (10) calendar days prior

to the hearing date. The Respondent, with the

consent of the Director for Student Conduct or a

designee, may waive the minimum notice

requirements as long as the waiver is in writing.

3. The Respondent is deemed to have received notice

when he/she is personally given a copy of the notice

or, in the case of an organization, when any officer

of the organization is personally given a copy. If it

is not possible to deliver the notice in person, the

written notification shall be sent by certified mail,

return receipt requested, to the Respondent’s

permanent address of record and shall be

considered delivered on the date indicated on the

signed return receipt or after ten (10) business days

have passed from the date of mailing.

4. Two or more Respondents will be scheduled to

participate in a joint hearing if they are alleged to

have taken part in the same incident, act, event, or

series of related acts. The conduct regulation(s)

alleged to have been violated and/or the alleged

factual circumstances of the violation need not be

identical for participation in a joint hearing.

5. Any Respondent required to participate in a joint

hearing may file a request for a separate hearing,

citing specific reasons that a joint hearing would

unfairly prejudice the case. A request for a separate

hearing must be submitted in writing to the

Director for Student Conduct or a designee within

two (2) business days after receipt of the “Notice of

Hearing.” The Director for Student Conduct or a

designee will make the decision regarding the

request and notify the Respondent.

6. Any Respondent subject to two or more unrelated

reported incidents of alleged misconduct is entitled

to a separate investigation and hearing for each

incident. While a Respondent may be charged with

multiple violations for a single incident, unrelated

incidents will be investigated and heard separately

through the formal resolution process, unless the

Respondent consents to having them aggregated.

7. The Respondent shall be presumed not to have

violated a conduct regulation until such a violation

is proven. The standard of proof shall be

preponderance of the evidence.

University of Georgia Code of Conduct | 13

8. Formal judicial rules of evidence do not apply to

the formal resolution process, including during the

investigatory and hearing phase.

9. The Respondent, University Advocate, or

Complainant (where applicable), may request a

delay in the hearing. Such a request must be in

writing and submitted to the Director for Student

Conduct no later than one (1) business day prior to

the hearing. Reasons for a delay and the proposed

length of the delay must be included in the request

and a delay is not guaranteed. The Director for

Student Conduct or a designee will consider the

request and determine whether a delay will be

granted. If the reason given for the request

includes the need for more time to prepare for the

hearing AND it is determined that adequate notice

of hearing was given in accordance with the Code

of Conduct, a delay will not be granted. If it is

determined that the reasons for requesting the

delay show it to be necessary and a delay is granted,

the Respondent, Complainant (where applicable),

University Advocate and the Hearing Panel will be

notified no less than one (1) business day prior to

the hearing. The Respondent, as well as the

Complainant (where applicable), will receive

written notification of the new hearing date, time

and location at least five (5) business days prior to

the new hearing.

10. If the Office of Student Conduct needs to delay the

hearing, the Respondent, Complainant (where

applicable), University Advocate, and Hearing

Panel will be notified no less than one (1) business

day prior to the hearing. The Respondent will

receive written notification of the new hearing

date, time and location at least five (5) business

days prior to the new hearing.

11. Where a party or witness is unavailable, unable, or

otherwise unwilling to participate in the hearing,

(including being subject to cross-examination

during Title IX hearings), the Hearing Panel shall

not draw an adverse inference against the party or

witness based solely on their absence from the

hearing or refusal to subject to cross-examination.

Instead, the Hearing Panel may hear the case at its

discretion, and decisions will be based on evidence,

as well as any testimony or information, presented

at the hearing.

12. The Hearing Panel, members of the University

Judiciary, the Respondent going through the

formal hearing process, the Complainant (where

applicable), one Advisor per party, and approved

University officials are allowed to be in the hearing

room during formal hearing

proceedings. Witnesses will be invited at the

designated times as specified in the Hearing

Order, outlined below. All formal hearings are

closed to the public unless the Respondent requests

an open hearing and all requirements necessary to

open the hearing are satisfied.

13. It is expected that all persons making statements or

answering questions at the hearing do so truthfully.

14. Witnesses may not be present in the hearing room

until called for their presentation. Each witness will

be advised, by the Hearing Panel or Hearing

Officer, to refrain from discussing with any other

witness what transpired in the hearing room

during his/her presentation. Failure to respect this

request may result in witnesses being charged with

a conduct regulation violation. Witnesses will be

expected to remain available in the event they are

recalled or until they are excused by the Hearing

Panel, but they will not be restricted to a particular

room and will not be supervised.

15. Hearings shall be conducted in-person or via video

conferencing technology. If the student

participating in the hearing or a witness is

unavailable and unable to attend the hearing due to

extenuating circumstances, the Hearing Panel (or

in hearings involving allegations of sexual

misconduct, the Hearing Officer) has discretion to

allow that individual the opportunity to provide

testimony from a separate location. The Hearing

Panel (or in hearings involving allegations of sexual

misconduct, the Hearing Officer) shall assess

whether there is a valid basis for the unavailability

and make a determination that the manner in

which the testimony is provided will not unfairly

disadvantage any party. Should it be reasonably

believed that a party or witness who is not

physically present has presented tainted testimony,

the Hearing Panel will disregard or discount the

testimony.

Additionally, a party may request to provide

testimony from a separate location than the

opposing party. In such instance, measures must

be put in place to ensure no party is unfairly

disadvantaged by the separation and they have the

opportunity to view the testimony remotely and

submit any follow-up questions.

16. The Respondent and Complainant (where

applicable) shall be provided the opportunity to

question witnesses (including the other party) as

outlined in the Hearing Order below, and in

hearings involving allegations of sexual

misconduct, questions will be reviewed for

relevancy by the Hearing Officer. The Hearing

Officer shall ask the questions as written and will

limit questions only if they are irrelevant to

determining the veracity of the charge leveled

against the Respondent.

In Title IX sexual misconduct hearings, a party’s

Advisor shall ask any questions on cross-

examination of a witness, including the other party,

provided that the Hearing Officer shall review the

questions for relevancy before a response from the

witness is provided. The Hearing Officer will limit

questions when they are irrelevant to determining

University of Georgia Code of Conduct | 14

the veracity of the charge leveled against the

Respondent.

In all cases, the Hearing Officer shall err on the side

of asking or permitting all submitted questions and

must document the reason for not allowing any

particular questions.

17. The Hearing Panel (or in hearings involving

allegations of sexual misconduct, the Hearing

Officer) may, at the beginning of the hearing,

announce times when they shall recess for meals

and announce the time the hearing shall conclude

or be continued. No hearing shall last beyond

10:00 p.m. or a reasonable time thereafter. The

Hearing Panel (or in hearings involving allegations

of sexual misconduct, the Hearing Officer) shall set

the date and time for the hearing to resume while

all parties are present.

18. Any individual participating in the hearing may

request a recess. Recesses should be kept short and

to a minimum. If they become excessive in number

or in length, the person asking for a recess may be

asked to provide a reason for their request. The

Hearing Panel may approve or deny a request for a

recess.

19. All hearings will be recorded. The original will be

considered the official record of the hearing.

Recesses and deliberations are not recorded.

20. At all times participants in the hearing process,

including parties, Advisors, witnesses, University

Judiciary members, and University officials, are

expected to act in a manner that promotes dignity

and decorum throughout the hearing. Participants

are expected to be respectful to others and follow

procedural formalities outlined in this Code of

Conduct and by the Office of Student Conduct. The

Hearing Panel (or in cases involving allegations of

sexual misconduct, the Hearing Officer) has the

right to remove any participant from the hearing

environment if the participant refuses to adhere to

the established rules of decorum.

Hearing Order

1. The order of the hearing for cases not involving

allegations of sexual misconduct shall proceed as

follows:

A. The Presiding Justice begins the hearing.

B. The parties are introduced, and the charges

(alleged violations) are read. The Presiding

Justice will confirm that the student was given

notice and understands the charges (alleged

violations).

C. The Presiding Justice will explain the order of

the hearing.

D. The University Advocate and Respondent will

be asked to present information truthfully.

E. The Presiding Justice reviews each side's

witness and evidence list for changes to the list

or the order in which witnesses will be called.

The Hearing Panel will consider the addition of

witnesses and/or evidence that were not

previously submitted according to procedure

as well as the reason for the late addition(s).

The decision to allow the addition(s) is at the

discretion of the Hearing Panel.

F. The University Advocate is asked to provide

information regarding the alleged violation

and pending charges (make an opening

statement summarizing alleged charges and

introduce witness and evidence information to

be presented at the hearing).

G. The Respondent is asked to make their opening

statement (a summary of witnesses and

evidence to be presented).

H. The University Advocate presents their

evidence and/or witnesses, including but not

limited to the investigative report.

I. Information and/or witnesses should be

presented in the order indicated on the witness

and evidence list.

J. After each piece of evidence is presented by the

University Advocate, the Respondent may

comment on it or ask questions of the Advocate

at the time it is presented.

K. The Hearing Panel may then ask the University

Advocate questions regarding the evidence

presented. If comment was provided by the

Respondent on any piece of evidence presented

by the Advocate, the Hearing Panel may also

ask the Respondent questions regarding those

comments.

L. The University Advocate will call their

witnesses. Each witness, after being asked to

present information truthfully, may make a

statement and/or respond to questions from

the University Advocate.

M. The Respondent is given an opportunity to

question each witness.

N. The Hearing Panel may also ask questions of

each witness. When the questioning is

concluded, the Presiding Justice will ask if

anyone (University Advocate, Respondent,

Hearing Panel) wants to recall the witness later

in the hearing. If such is not the case, the

witness is excused from the hearing.

O. After the University Advocate and all other

witnesses sharing information regarding an

alleged violation have made statements and/or

answered questions, the Respondent presents

their evidence and/or witnesses.

P. Evidence and/or witnesses should be

presented in the order indicated on the witness

and evidence list.

Q. After each piece of evidence is presented by the

Respondent, the University Advocate may

comment on it or ask questions at the time it is

presented.

R. The Hearing Panel may then ask questions

regarding the Respondent’s evidence, and if

comment was provided by the Advocate on any

University of Georgia Code of Conduct | 15

piece of evidence presented by the Respondent,

the Hearing Panel may also ask the Advocate

questions regarding those comments.

S. The Respondent will call their witnesses

(including themselves if listed). Each witness

may make a statement and/or respond to

questions from the Respondent.

T. The University Advocate will have the

opportunity to question all witnesses

presented by the student.

U. The Hearing Panel may also ask questions of

each witness. When the questioning is

concluded, the Presiding Justice will ask if

anyone (University Advocate, Respondent,

Hearing Panel) wants to recall the witness later

in the hearing. If such is not the case, the

witness is excused from the hearing.

V. The Presiding Justice will again ask each side if

they have additional witnesses or information

to add to the witness and evidence list. The

Hearing Panel will consider the addition of

witnesses and/or evidence that were not

previously submitted according to procedure

as well as the reason for the late

addition(s). The decision to allow the

addition(s) is at the discretion of the Hearing

Panel.

W. After all witnesses and evidence have been

presented for the first time, witnesses may be

recalled by the University Advocate, the

Respondent, or the Hearing Panel.

X. The Presiding Justice will call for a recess after

all evidence and witnesses have been presented

to allow the University Advocate and the

Respondent to prepare for closing statements.

Y. The University Advocate makes his/her closing

statement. No new evidence is allowed; this is

an opportunity to summarize key points

already made.

Z. The Respondent makes their closing

statement. No new evidence is allowed; this is

an opportunity to summarize key points

already made.

2. The order of the hearing for cases involving

allegations of sexual misconduct shall proceed as

follows:

A. The Hearing Officer begins the hearing.

B. The parties are introduced, and the charges

(alleged violations) are read.

C. The Hearing Officer will remind all

participants that they are required to answer

all questions truthfully and to the best of their

knowledge and ability.

D. The Hearing Officer will ask the Respondent

whether they admit or deny each charge.

E. The Hearing Officer will present the

undisputed facts as summarized in the

investigative report.

F. The Complainant, if applicable, will be

provided the opportunity to present an

opening statement to the Hearing Panel.

G. The Respondent will be provided the

opportunity to present an opening statement

to the Hearing Panel.

H. If a witness has been requested to participate

by either party, the Hearing Officer, or the

Hearing Panel, prior to the hearing, the

Hearing Officer will request that the witness

join the hearing and will then ask the witness

questions previously submitted by the parties

and/or Hearing Panel.

I. Following the initial questioning and

responses provided by the witness, the Hearing

Officer will ask the parties and Hearing Panel

whether there are any additional questions for

that witness.

J. The Hearing Officer will review any additional

questions submitted and ask the questions as

written if they are appropriate as outlined in

the Hearing Notification and Procedures

above. Additionally, in Title IX sexual

misconduct hearings, the parties have the right

to confront any witness on cross-examination,

including the other party, by having their

Advisor ask relevant questions directly to the

witness. Questions must be asked directly by

an Advisor but will be reviewed for relevancy

by the Hearing Officer before a response from

the witness is provided.

K. When the questioning is concluded, the

Hearing Officer will ask if anyone wants to

recall the witness later in the hearing. If such

is not the case, the witness is excused from the

hearing.

L. The Hearing Officer will continue to call

witnesses as submitted by the parties and/or

Hearing Panel unless circumstances

necessitate otherwise.

M. The Hearing Officer will ask the Complainant,

if participating, questions previously

submitted by the parties and/or Hearing Panel.

N. Following the initial questioning and

responses provided by the Complainant, the

Hearing Officer will ask the parties and

Hearing Panel whether there are any

additional questions for the Complainant.

O. The Hearing Officer will review any additional

questions submitted and ask the questions as

written if they are appropriate as outlined in

the Hearing Notification and Procedures

above. Additionally, in Title IX sexual

misconduct hearings, the parties have the right

to confront any witness on cross-examination,

including the other party, by having their

Advisor ask relevant questions directly to the

witness. Questions must be asked directly by

an Advisor but will be reviewed for relevancy

by the Hearing Officer before a response from

the witness is provided.

University of Georgia Code of Conduct | 16

P. The Hearing Officer will ask the Respondent

questions previously submitted by the parties

and/or Hearing Panel.

Q. Following the initial questioning and

responses provided by the Respondent, the

Hearing Officer will ask the parties and

Hearing Panel whether there are any

additional questions for the Respondent.

R. The Hearing Officer will review any additional

questions submitted and ask the questions as

written if they are appropriate as outlined in

Hearing Notification and Procedures

above. Additionally, in Title IX sexual

misconduct hearings, the parties have the right

to confront any witness on cross-examination,

including the other party, by having their

Advisor ask relevant questions directly to the

witness. Questions must be asked directly by

an Advisor but will be reviewed for relevancy

by the Hearing Officer before a response from

the witness is provided.

S. The Hearing Officer will call for a recess after

all evidence and witnesses have been presented

to allow the Complainant, if applicable, and

Respondent the opportunity to prepare for

closing statements.

T. The Complainant, if applicable, is provided the

opportunity to present his/her closing

statement. No new evidence is allowed; this is

an opportunity to summarize key points

already made.

U. The Respondent is provided the opportunity to

present his/her closing statement. No new

evidence is allowed; this is an opportunity to

summarize key points already made.

Decisions for Formal Resolution

At the conclusion of the hearing, the Presiding Justice

or Administrative Hearing Officer will instruct the

parties and any advisor(s) to vacate the hearing room

so that the Hearing Panel can deliberate. All

deliberation sessions are closed and are not recorded.

After deliberation and by majority vote the Hearing

Panel will determine with respect to each charge

brought before the Hearing Panel whether or not a

preponderance of the evidence presented at the hearing

indicates that a violation occurred with respect to such

charge.

If no violation occurred, the Hearing Panel will indicate

that the Respondent was found not in violation of the

charge(s).

If the Hearing Panel finds that a violation(s) did occur,

deliberations will then move to a discussion concerning

appropriate sanctions. If the Hearing Panel has made

the decision that a Respondent was in violation of the

charge(s) they will then have access to prior record

information. Prior record will be considered when

determining sanction(s).

The decision, including whether or not the Respondent

committed a violation(s) as well as any sanction(s), will

be recorded on a written Formal Hearing Decision

Form and will include a summary of evidence relied on

in support of the outcome and resulting sanction(s).

Specifically, the decision must include the allegations,

procedural steps taken through the investigation and

resolution process, findings of facts supporting the

determination(s), determination(s) regarding

responsibility, and the evidence relied upon and

rationale for any sanction. Additionally, a decision to

issue a sanction of suspension or expulsion must

include the substantial evidence relied upon in

determining that suspension or expulsion were

appropriate. For purposes of this Code of Conduct,

substantial evidence means evidence that a reasonable

person might accept to support the conclusion.

A copy of the decision will be sent via email to the

Respondent, and Complainant (where applicable). If

delivery confirmation cannot be obtained from the

Respondent, and Complainant (where applicable), the

Formal Hearing Decision Form will be sent to the

applicable party by certified mail. Where certified mail

is required, notice of the Formal Hearing Decision shall

be considered delivered on the date indicated on the

signed return receipt or after ten (10) business days

have passed from the date of mailing.

Sanctions

When a Respondent has violated a conduct regulation,

the administrative officer and the Respondent will

agree on one or more sanctions through an informal

resolution, or the Hearing Panel will assign one or more

sanctions following a formal hearing. The findings of

fact, any particular circumstances, and prior record of

the Respondent will be the factors considered by the

administrative officer or Hearing Panel when

determining any appropriate sanctions.

Sanctions for Individuals

The following sanctions may be imposed against a

student for the violation of a University conduct

regulation. This list is neither exhaustive nor in order

of severity and may be enlarged upon or modified to

meet the particular circumstances of any given

situation.

1. Expulsion: Permanent severance of the student’s

relationship with the University. An expulsion

issued after a student has graduated, in

adjudication of misconduct that occurred before

the graduation, will result in a recommendation for

the University to revoke the student’s degree.

2. Suspension: Temporary severance of the student’s

relationship with the University for a specific

period of time. The period of time and any

requirements that must be satisfied prior to

eligibility for readmission or registration are to be

specified in the decision of the judicial body.

University of Georgia Code of Conduct | 17

3. Probation: Notice that further finding of

responsibility for the violation of any conduct

regulation(s) as specified in the decision of the

Hearing Panel or informal resolution agreement

may result in suspension or expulsion from the

University. The period of probation shall be

specified in the decision of the judicial body.

4. Restitution: Reimbursement for a loss caused by

the student’s actions.

5. Community Service: Assignment to work a specific

number of hours at a community service site

approved by the Office of Student Conduct or Title

IX Coordinator, as applicable. Community Service

locations exist on and off campus.

6. Restrictions: Terms of suspension or probation

restricting privileges during the pendency of the

suspension or probation. Such restrictions may

include, but are not limited to, barring from

University property, no-contact directives,

identification card privileges and/or parking

privileges.

7. Housing Restrictions: Terms of a sanction

indicating the loss or restriction of the student’s

privilege to live in University-owned residences.

Such restrictions include, but are not limited to,

expulsion (permanent separation) from University

housing; suspension (time-specific separation) from

University housing; University housing probation

(notice that further finding of responsibility could

result in housing suspension or expulsion), and/or

University housing relocation.

8. Other Educational Sanctions: Projects or

assignments designed to educate a student in

connection with the effect of his/her behavior.

Educational assignments include, but are not

limited to, mentor program, follow-up

meetings/consultations, and/or alcohol education

(e.g. BASICS, DUI School).

Sanctions for Alcohol or Drug Related

Violations

The Division of Student Affairs at the University of

Georgia promotes a community of student learning,

success, and well being. The abuse and illegal use of

alcohol or other drugs jeopardize this community by

placing the health and safety of individuals at risk and

undermining the university's academic mission.

Therefore, we expect all students to act responsibly and

in accordance with the law and the university's Code of

Conduct.

In recognition of the concerns that may arise from the

use of alcohol or other drugs, the University of Georgia

supports a program of alcohol and other drug

education in conjunction with other sanctions that may

be appropriate. All students found in violation of

Alcohol and Other Drug Related Misconduct (see

Conduct Regulation 4) through the University’s

conduct process will receive sanctions as outlined

below.

First Violation Sanctions for Individual Students

These minimum sanctions will be imposed for all first

violations listed below.

First violation for possession (not consumption) of

alcohol, or facilitating the possession (not

consumption) of alcohol by others: Alcohol and Other

Drug (AOD) education program and probation for six

(6) months from the date of resolution.

First violation for consumption, use, or distribution of

alcohol, facilitating the use of alcohol by others, or

disruptive or disorderly conduct caused by the

influence of alcohol: Alcohol and Other Drug (AOD)

education program and probation for twelve (12)

months from the date of resolution.

First violation for illegal use, possession or distribution

of illegal drugs/controlled substances: Alcohol and

Other Drug (AOD) education program and probation

for twelve (12) months from the date of resolution.

First violation for sale of illegal drugs or controlled

substances: Suspension from the institution.

Subsequent Violation Sanctions for Individual

Students

Sanctions will likely include at least ONE of the

following:

Subsequent violations while on probation: Alcohol and

Other Drug (AOD) education program, additional

probation, community service hours, suspension from

the institution.

*Additional sanctions may be determined by the level

of the violation (Level I or II), circumstances of the

case and the student’s prior record, including the

conditions of probation from any prior record.

Subsequent Violation Sanctions Involving the

Operation of a Motor Vehicle

Any subsequent violation, while on probation for a

prior alcohol/drug violation, involving the operation of

a motor vehicle after consumption of alcohol and/or

use of drugs: Suspension from the institution.

Any second violation, regardless of probation status,

involving the operation of a motor vehicle after

consumption of alcohol and/or use of drugs when a

prior violation also involved the operation of a motor

vehicle after consuming alcohol and/or using drugs:

Suspension from the institution.

Violations after Suspension

Sanctions will likely include at least ONE of the

following:

Any alcohol or drug related violation after suspension:

Suspension from the institution, probation, appropriate

AOD program, expulsion from the institution.

*Additional sanctions may be determined by the level

of the violation (Level I or II), circumstances of the

University of Georgia Code of Conduct | 18

case and the student’s prior record, including the

conditions of probation from any prior record.

Two

or More Violations (separate incidents)

while Not on Probation

In cases where students are referred to the Office of

Student Conduct for an additional alcohol/drug related

violation that occurs before the resolution of any prior

alcohol/drug related violation or pending case –

sanctions will be determined by the administrative

officer or Hearing Panel but should be no less than

those outlined under the heading subsequent violation

sanction based on the type of violation.

Add

itional Sanctions

The findings of fact, any particular circumstances, and

prior record of the student will be factors considered

when determining other appropriate sanctions that

may be imposed.

Possi

ble Ramifications of Suspension

Students who are suspended from the University for

any length of time should be aware that this action may

have an impact on the following:

• tuition, Residence Hall costs and fees (suspension

does not forgive financial obligations);

• student financial aid including HOPE Scholarship;

• athletic participation and eligibility;

• health insurance (contact your personal health care

provider);

• University housing;

• meal plan;

• use of University resources and access to

University facilities;

• immigration status for international students;

• status and benefits of veterans and dependents of

veterans;

• internships, assistantships, and study abroad; and

• class withdrawal.

This is not an exhaustive list.

Sanctions for Student Organizations

The following sanctions may be imposed against an

organization for the violation of a University conduct

regulation. This list is neither exhaustive nor in order

of severity and may be enlarged upon or modified to

meet the particular circumstances of any given

situation.

1. Recommendation for Charter Revocation: An

official request to a national office that the local

chapter’s charter be revoked.

2. Revocation of University Registration: Permanent

severance of the organization’s relationship with

the University.

3. Suspension of University Registration: Temporary

severance of the organization’s relationship with

the University for a specific period of time. The

period of time and any requirements, which must

be satisfied prior to re-registration, must be

specified in the decision of the administrative

officer or Hearing Panel.

4. Probation: Notice that further finding of

responsibility for the violation of any conduct

regulation(s) as specified in the decision of the

Hearing Panel or informal resolution agreement

will likely result in suspension or revocation of

University Registration. The period of probation

shall be specified in the decision of the Hearing

Panel or the informal resolution agreement.

5. Restitution: Reimbursement for a loss caused by

the organization’s actions.

6. Community Service: Assignment to work a specific

number of hours at a community service site

approved by the judicial body and/or the Office of

Student Conduct. Community Service locations

exist on and off campus.

7. Restrictions: Restriction of some or all of the

organization’s activities or privileges, including,

but not limited to, social privileges and recruitment

privileges.

8. Other Educational Sanctions: Projects or

assignments designed to educate an organization

in connection with the effect of its members’

actions. Educational assignments include, but are

not limited to, alcohol awareness programs and/or

risk management programs.

Appeals of Formal Hearings

The Respondent (and in cases involving sexual

misconduct or other forms of discrimination and/or

harassment, the Complainant) may appeal the decision

from a formal conduct hearing, including the

revocation of a degree following an expulsion issued

after a student has graduated. Appeal information will

be included with the decision issued to a Respondent.

Appeal forms are available in the Office of Student

Conduct and at

https://conduct.uga.edu/forms/. All appeals must be in

writing and submitted to the Vice President for Student

Affairs within five (5) University business days of receipt

of the decision. The purpose of appeal procedures is to

provide the student with the opportunity to bring

forward questions regarding substantive or

procedural errors that occurred during the process.

The appeal process is not intended to grant a new

hearing at a higher level. Dissatisfaction with a

decision is not grounds by itself for an appeal.

All levels of appeal described in these procedures

involve written appeals only. Students or organizations

neither meet with nor make oral presentations to the

appellant officer. The appeal shall consist of a review

of the record only, other than in the case of the

availability of new information not known or knowable

University of Georgia Code of Conduct | 19

to the student or organization appealing during the

time of the hearing.

Grounds for Appeal

The Respondent (and in cases involving sexual

misconduct or other forms of discrimination and/or

harassment, the Complainant) shall have the right to

appeal the outcome on any of the following grounds: (1)

to consider new information, sufficient to alter the

decision, or other relevant facts not brought out in the

original hearing, because such information was not

known or knowable to the person appealing during the

time of the hearing; (2) to allege a procedural error

within the hearing process that may have substantially

impacted the fairness of the hearing, including but not

limited to whether any hearing questions were

improperly excluded or whether the decision was

tainted by bias; or (3) to allege that the finding was

inconsistent with the weight of the information.

Appeals should be submitted in writing to the Vice

President for Student Affairs or their designee for

review. Once a written appeal has been received, the

Office of Student Conduct will also provide the

following information to the Vice President for Student

Affairs or their designee:

1. the recording of the hearing;

2. all documents and evidence presented at the

hearing;

3. the written notice of the hearing;

4. the Hearing Panel’s decision; and

5. any other documents in the record of the hearing

or that are otherwise relevant to the student’s

grounds for appeal.

The Vice President for Student Affairs or their designee

shall determine the method of reviewing these

materials and make one of the following

determinations within a reasonable time period:

1. Affirm the original decision.

2. Affirm the original finding(s) but issue a new

sanction(s) of greater or lesser severity.

3. Remand the case back to the Hearing Panel to

correct a procedural or factual defect.

4. Reverse or dismiss the case if there was a

procedural or factual defect that cannot be

remedied by remand.

The Vice President for Student Affairs or their designee

will notify the Respondent (and the Complainant, if

applicable), in writing, of the decision. The case

materials, including a copy of the decision, will be

returned to the Office of Student Conduct. The decision

of the Vice President for Student Affairs or his/her

designee is considered final and all imposed sanctions

take effect after the Vice President for Student Affairs

or his/her designee issues the decision, unless the

sanction includes a suspension, expulsion, or

organization revocation.

Further Review for Cases Resulting in

Suspension, Expulsion, Charter Suspension/

Revocation and Revocation of University

Registration

Respondents (and in cases involving sexual misconduct

or other forms of discrimination and/or harassment,

the Complainant) may make further appeal to the

President of the University only if one of the following

sanction(s) was issued by the original judicial body:

1. Suspension from the University (individual student)

2. Expulsion from the University (individual student),

including the revocation of a degree following an

expulsion issued after a student has graduated.

3. Charter Suspension/Revocation (organization)

4. Revocation of University Registration (organization)

If these conditions exist, the Respondent (and in cases

involving sexual misconduct or other forms of

discrimination and/or harassment, the Complainant)

may submit a written appeal for further review to the

Office of the President within five (5) business days of

receiving the decision of the Vice President for Student

Affairs or his/her designee. Any appeal for Presidential

review must be based solely on one or more of the three

grounds set forth above under “Grounds for Appeal”

and must involve one of the four sanctions listed above.

The President may affirm the original decision; affirm

the original finding(s) but issue a new sanction(s) of

greater or lesser severity; remand the case back to the

Hearing Panel 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’s decision shall be issued in writing to

the Respondent (and the Complainant, if applicable)

within a reasonable time period.

This is the final appeal at the institution and, if

applicable, all imposed sanctions take effect after the

President issues his/her decision.

Application for Review by the Board of

Regents

Following the decision of the President, a student or

organization may apply to the Board of Regents’ Office

of Legal Affairs (“Legal Affairs”) for a further review of

the decision pursuant to Board of Regents Policy

Manual 8.6 (the “Policy”). The application for review

shall be submitted in writing to Legal Affairs within

twenty (20) calendar days of the date of the President’s

decision. A review is not considered a matter of right,

but is within the sound discretion of Legal Affairs. If

the application for review is granted, a Committee shall

review the decision of the President. Said Committee

shall consist of the Vice Chancellor for Legal Affairs or

his or her designee, the Vice Chancellor for Academic

Affairs or his or her designee, the Vice Chancellor for

Human Resources or his or her designee, and any other

person or persons deemed appropriate by the

University of Georgia Code of Conduct | 20

Committee. Legal Affairs may issue guidelines

governing the process for review. The decision of the

Committee shall be final and binding for all purposes.

Nothing within the Policy shall be construed to extend

to any party substantive or procedural rights not

required by federal or state law. The Policy shall not be

construed to extend to any party any expectation of

employment, admission, or additional due process

rights. The Policy is not part of the due process rights

afforded to students or employees of the University

System; those rights have been fully afforded upon the

decision of the President.

Student Holds

Pursuant to guidelines established by the University,

the Director for Student Conduct, or a designee, has the

ability to place a hold on the record of a student. A

registration hold prevents a student from registering

for courses, adding/removing courses, dropping

courses, and withdrawing. A document hold prevents

a student from obtaining an official or unofficial

transcript from the University and also prohibits a

student from receiving a transient letter or other letter

of good standing from the University. A graduation

hold prevents a student from graduating or otherwise

receiving the conferral of a degree from the University.

A registration hold may be placed on a student’s record

at any time following the initiation of the conduct

process and for any of the following reasons:

1. Issuance of an interim suspension;

2. Failure to attend a scheduled appointment with the

Office of Student Conduct;

3. Failure to respond to correspondences from the

Office of Student Conduct;

4. Failure to complete sanctions;

5. A sanction of suspension is issued following the

completion of the conduct process;

6. A sanction of expulsion is issued following the

completion of the conduct process; and/or

7. For other reasons determined by the Director for

Student Conduct, or a designee, to be in the best

interests of the University community.

A document hold may be placed on a student’s record

at any time following the initiation of the conduct

process when a registration hold has been placed on a

student’s record AND one of the following reasons

exists:

1. Issuance of an interim suspension;

2. The alleged conduct regulation violation(s) involve

circumstances which call into question the veracity

of a student’s academic standing at the University;

and/or

3. For other reasons determined by the Director for

Student Conduct, or a designee, to be in the best

interests of the University community

A graduation hold may be placed on a student’s record

at any time following the initiation of the conduct

process when a registration hold has been placed on a

student’s record AND one of the following reasons

exists:

1. Issuance of an interim suspension;

2. A sanction of suspension is issued following the

completion of the conduct process;

3. A sanction of expulsion is issued following the

completion of the conduct process;

4. The alleged conduct regulation violation(s) involve

circumstances which call into question the veracity

of a student’s academic standing at the University;

and/or

5. The alleged conduct regulation violation(s) involve

circumstances that may result in the expulsion of

student.

Any hold placed upon a student’s record in accordance

with these procedures will not be removed until the

circumstances which necessitated the hold have been

resolved, as determined by the Director for Student

Conduct, or a designee.

Recusal/Challenge for Bias

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, or his/her designee, setting forth the

basis for the challenge. The written challenge should be

submitted within a reasonable time after the individual

knows or 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, the replacement to be

appointed.

VII. PARENTAL NOTIFICATION

The Family Educational Rights and Privacy Act

(FERPA) has given colleges/ universities the option to

notify parents or guardians about specific types of

information from a student’s conduct record.

The Office of Student Conduct will notify parents or

guardians the first time and every subsequent time a

student is found to have violated Code of Conduct

policies on the use or possession of alcohol or other

drugs when he/she is under the age of 21 (except in

certain circumstances as determined by the Director

for Student Conduct or a designee). Parental

Notification will also occur when the Responsible