In accordance with federal and state law including, Title IX of the Education Amendments of 1972 (“Title IX”) and Title VII of the Civil Rights Act of 1964(Title VII), the University System of Georgia (USG) prohibits discrimination on the basis of sex in any of its education programs or activities or in employment. The USG is committed to ensuring the highest ethical conduct of the members of its community by promoting a safe learning and working environment. To that end, this Policy prohibits Sexual Misconduct, a form of sex discrimination, as defined herein. 

USG institutions are committed to reducing incidents of Sexual Misconduct, providing prevention tools, conducting ongoing awareness and prevention programming, and training the campus community in accordance with the Jeanne Clery Campus Safety Act (“Clery Act”) and the Violence Against Women Act (“VAWA”). Prevention programming and training will promote positive and healthy behaviors and educate the campus community on consent, sexual assault, sexual harassment, alcohol and drug use, dating violence, domestic violence, stalking, bystander intervention, and reporting.

When Sexual Misconduct does occur, all members of the USG community are strongly encouraged to report it promptly through the procedures outlined in this Policy. The purpose of this Policy is to ensure uniformity throughout the USG in reporting and addressing Sexual Misconduct. This Policy applies to all members of the USG community. This Policy is not intended to infringe or restrict rights guaranteed by the United States Constitution including free speech under the First Amendment, or the due process clauses of Fifth and Fourteenth Amendments.

Reporting Structure
Title IX Coordinators (“Coordinators”) at USG institutions shall have a direct reporting relationship to both the institution’s President or the President’s designee and the USG Assistant Vice Chancellor for Student Affairs or their designee. The President of each institution shall determine the organizational and operating reporting relationships for the Coordinators at the institution and exercise oversight of institutional issues relating to Sexual Misconduct. However, the Assistant Vice Chancellor for Student Affairs or designee shall have authority to direct the Coordinators’ work at each institution as needed to address system-wide issues or directives. The President of each institution shall consult with the Assistant Vice Chancellor for Student Affairs on significant personnel actions involving Coordinators, to include but not be limited to, appointment, evaluation, discipline, change in reporting structure, and termination.

6.7.1 Definitions and Prohibited Conduct

Community: Students, faculty, and staff, as well as contractors, vendors, visitors and guests.
Complainant: An individual who is alleged to have experienced conduct that violates this Policy.
Consent: Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion; by ignoring or acting in spite of objections of another; or by taking advantage of the incapacitation of another where the respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally consent under Georgia law. Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time by a party by using clear words or actions.
Dating Violence: Violence committed by a person who is or has been in asocial 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; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.
Domestic Violence: 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.
Incapacitation: The physical and/or mental inability to make informed, rational judgments. It can result from mental disability, sleep or any state of unconsciousness, involuntary physical restraint, status as a minor under the age of 16, or from intentional or unintentional taking of alcohol and/or other drugs. Whether someone is incapacitated is to be judged from the perspective of an objectively reasonable person.
Nonconsensual Sexual Contact: Any physical contact with another person of asexual 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 and “Criminal Sexual Contact” as defined by the Federal Bureau of Investigation..
Nonconsensual Sexual Penetration: 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 the genitals or anus of another person. This provision also includes “Rape, Incest, and Statutory Rape” as defined by the Clery Act.
Confidential Employees: Institution employees who have been designated by the institution to talk with a Complainant or Respondent in confidence. Confidential Employees must only report that the incident occurred and provide date, time, location, and name of the Respondent (if known) without revealing any information that would personally identify the alleged victim. This minimal reporting must be submitted in compliance with Title IX and the Clery Act. Confidential Employees may be required to fully disclose details of an incident in order to ensure campus safety.
Privileged Employees: Individuals employed by the institution to whom a complainant or alleged victim may talk in confidence, as provided by law. Disclosure to these employees will not automatically trigger an investigation against the complainant’s or alleged victim’s wishes. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual-assault related services (e.g., sexual assault resource centers, campus health centers, pastoral counselors, and campus mental health centers) or as otherwise provided by applicable law. Exceptions to confidentiality exist where the conduct involves suspected abuse of a minor (in Georgia, under the age of18) or otherwise provided by law, such as imminent threat of serious harm.
Reasonable Person: An individual who is objectively reasonable under similar circumstances and with similar identities to the person being evaluated by the institution.
Reporter: An individual who reports an allegation of conduct that may violate this Policy but who is not a party to the complaint.
Respondent: An individual who is alleged to have engaged in conduct that violates this Policy.
Responsible Employees: Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who is not a Confidential Employee or Privileged Employee. Student employees who serve in a supervisory, advisory, or managerial role are in a position of authority for purposes of this Policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders).
Sexual Exploitation: 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.
Examples of sexual exploitation may include, but are not limited to, the following:
 

• Invasion of sexual privacy;
• Prostituting another individual;
• Non-consensual photos, video, or audio of sexual activity;
• Non-consensual distribution of photo, video, or audio of sexual activity, even if the sexual activity or capturing of the activity was consensual;
• Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts;
• Knowingly transmitting an STD or HIV to another individual through sexual activity;
• Intentionally and inappropriately exposing one’s breasts, buttocks, groin, or genitals in non-consensual circumstances; and/or
• Sexually-based bullying.

Sexual Harassment (Student on Student): Unwelcome verbal, nonverbal, or physical conduct based on sex (including gender stereotypes), determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to participate in or to benefit from an institutional education program or activity.
Sexual Harassment (Other Than Student on Student): Unwelcome verbal, nonverbal, or physical conduct, based on sex (including gender stereotypes),that may be any of the following:

• Implicitly or explicitly a term or condition of employment or status in a course, program, or activity;
• A basis for employment or educational decisions; or
• Is sufficiently severe, persistent, or pervasive to interfere with one’s work or educational performance creating an intimidating, hostile, or offensive work or learning environment, or interfering with or limiting one’s ability to participate in or to benefit from an institutional program or activity.
  The USG also prohibits unwelcome conduct determined by a Reasonable Person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a USG education program or activity in violation of Title IX.
   

Sexual Misconduct: Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation, sexual harassment and stalking.
Stalking: 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.
For the purposes of this definition:

• 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.
   

6.7.2 Reporting Sexual Misconduct
USG encourages the reporting of all Sexual Misconduct as soon as possible. While there is no statute of limitations on an institution’s ability to respond toa report, the ability to respond diminishes with time as information and evidence may be more difficult to secure.

6.7.2 (A) Institutional Reports
An institutional report occurs when the institution has notice of a complaint. That notice occurs in two instances:
1. When a Responsible Employee receives a complaint; or
2. When the Title IX Coordinator or their designee receives a complaint.

Any individual may make a report, but the institution does not have notice of the report until information is known to a Responsible Employee or the Coordinator. The report may be made directly to the Coordinator in multiple formats to include: writing, email, phone, letter, fax, interview, or other method that provides the basis of the complaint of sexual misconduct. There is no specific information required to constitute a report; however, the report should contain as much information as can be provided. Reporting options should be included on the Title IX website.

Complainants, or anyone with knowledge of Sexual Misconduct, may file a report with a Responsible Employee or the Coordinator. That Responsible Employee must provide a complete reporting of all information known to them to the Coordinator. Responsible Employees informed about Sexual Misconduct allegations should not attempt to resolve the situation, but must notify and report all relevant information to the Coordinator as soon as practicable.

Upon receipt of an institutional report, the Coordinator will contact the Complainant. That contact will discuss the availability of supportive measures, the invitation to discuss their wishes with respect to implementation of supportive measures, and explain the process of filing a complaint. An institutional report does not automatically prompt an investigation.

The Coordinator’s identity and contact information shall be published by each institution prominently on the institution’s website, as well as in any relevant publication. Each institution may choose to have Deputy Title IX Coordinators to whom reports may be made, as well.

The Coordinator shall notify the Assistant Vice Chancellor for Student Affairs or their designee of any allegation(s) of Sexual Misconduct that could, standing alone as reported, lead to the suspension or expulsion of the Respondent(s). The Assistant Vice Chancellor for Student Affairs or their designee will work with the institution to determine whether any support services or interim measure(s) are necessary. If an allegation is not initially identified as one that would lead to the suspension or expulsion of the Respondent(s), but facts arise during the course of the investigation that could lead to the Respondent’s suspension or expulsion, the Title IX Coordinator shall notify the Assistant Vice Chancellor for Student Affairs or designee. 

The Assistant Vice Chancellor for Student Affairs or designee shall have the discretion to oversee the handling of the complaint.

6.7.2 (B) Confidential Reports
Confidential Employees or Privileged Employees may receive reports of Sexual -based Misconduct without the requirement to report that information to the Coordinator, except as dictated by law or professional standards. Upon request by the Complainant, Confidential Employees and Privilege Employees may make a report to the Coordinator within the degree of specificity dictated by the Complainant.

Nothing in this provision shall prevent an institution staff member who is otherwise obligated by law (i.e, the Clery Act) to report information or statistical data as required.

6.7.2 (C) Law Enforcement Reports
Because Sexual Misconduct may constitute criminal activity, a Complainant also has the option, should the Complainant so choose, of filing a report with campus or local police, for the Complainant’s own protection and that of the surrounding community. The institution may assist the Complainant in reporting the situation to law enforcement officials. Filing a criminal report does not automatically constitute an institutional report.

6.7.2 (D) Anonymous Reports
Each institution shall provide a mechanism by which individuals can report incidents of alleged Sexual Misconduct anonymously. Individuals should understand, however, that it will be more difficult for the institution to respond and to take action upon anonymous reports.

6.7.2 (E) Complaint Consolidation
Each institution may consolidate complaints as to allegations of Sexual Misconduct against more than one Respondent, by more than one Complainant against one or more Respondents, or cross-complaints between parties, where the allegations of Sexual Misconduct arise out of the same facts or circumstances.
Parties shall have the opportunity to request or object to the consolidation; however, the institution shall have the authority to make the final determination. For the purpose of this Policy consolidation may occur during the investigation and/or the adjudication phases of the Sexual Misconduct process.

6.7.2 (F) Complaint Dismissal
Each institution is permitted, but not required, to dismiss complaints on the following grounds:
1. The alleged conduct, even if proved, would not constitute sexual misconduct;
2. The Complainant notifies the Coordinator in writing that they would like to withdraw the complaint;
3. The Respondent is no longer enrolled or employed by the institution; or
4. There are circumstances that prevent the institution from gathering evidence sufficient to reach a determination regarding the complaint.

The parties shall receive simultaneous written notice of the dismissal and the reason(s) for the dismissal. The parties shall have a right to appeal the institution’s decision to dismiss the complaint.

6.7.2 (G) Retaliation
Anyone who has made a report or complaint, provided information, assisted, participated or refused to participate in any manner in the Sexual Misconduct Process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Coordinator or their designee. Any person found to have engaged in retaliation in violation of this Policy shall be subject to disciplinary action. 

6.7.2 (H) False Complaints
Individuals are prohibited from knowingly making false statements or knowingly submitting false information to a system or institution official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, in violation of this Policy shall be subject to appropriate disciplinary action (up to and including suspension or expulsion) and adjudicated under the appropriate institutional process. 

6.7.2 (I) Amnesty
Individuals should be encouraged to come forward and to report Sexual Misconduct notwithstanding their choice to consume alcohol or to use drugs. Information reported by a student during an investigation concerning the consumption of drugs or alcohol will not be used against the particular student in a disciplinary proceeding or voluntarily reported to law enforcement; however, students may be provided with resources on drug and alcohol counseling and/or education, as appropriate. Nevertheless, these students may be required to meet with staff members in regards to the incident and may be required to participate in appropriate educational program(s). The required participation in an educational program under this amnesty procedure will not be considered a sanction.
Nothing in this amnesty provision shall prevent an institution staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.

6.7.2 (J) Confidentiality
Where a Complainant requests that their identity be withheld or the allegation(s) not be investigated, the Coordinator should consider whether or not such request(s) can be honored in a manner consistent with the institution’s obligations to promote a safe and nondiscriminatory environment. The institution should inform the Complainant that the institution cannot guarantee confidentiality. Honoring a Complainant’s request for confidentiality shall not prevent the institution from reporting information or statistical data as required by law, including the Clery Act.

6.7.3 Responding to Reports of Sexual Misconduct
6.7.3 (A) Support Services
Once the Title IX Coordinator has received information regarding an allegation of Sexual Misconduct the parties will be provided written information about support services. Support services are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without charge that are made available to the Complainant and Respondent before or after the filing of a complaint or where no complaint has been filed. Support services include counseling, advocacy, housing assistance, academic support, disability services, health and mental services, and other services, available at the student’s institution. Available support services should also be listed on the institution’s Title IX website.

6.7.3 (B) Temporary Remedial Measures
Temporary remedial measures may be implemented at any point after the institution becomes aware of an allegation of Sexual Misconduct and should be designed to protect any student or other individual in the USG community. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the campus community, or deter Sexual Misconduct and retaliation. Temporary remedial measures must be provided consistent with the provisions in applicable Board and institutional policies and procedures. Temporary remedial measures 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; and
5. Other measures designed to promote the safety and well-being of the parties and the institution’s community.

6.7.3 (C) Emergency Removal
Emergency removal should only occur where necessary to maintain safety and should be limited to those situations where the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the institution should consider the existence of a significant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.

When an emergency removal order is issued, the terms of the removal take effect immediately. The Respondent shall receive notice of the removal and the opportunity to respond within three business days of receipt. The institution will then determine whether the removal should remain in place.

6.7.3 (D) Jurisdiction
Each USG institution shall take necessary and appropriate action to protect the safety and well-being of its community. Sexual misconduct allegedly committed is addressed by this Policy when the misconduct occurs on institution property, or at institution-sponsored or affiliated events, or off-campus, as defined by other Board or institution conduct policies. 

6.7.3 (E) Advisors
Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an advisor (who may or may not be an attorney) of the party’s choosing at the party’s own expense. The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process, including providing questions, suggestions and guidance to the party, but may not actively participate in the process except as outlined in BOR 6.7.4 (E). All
communication during the Sexual Misconduct process will be between the institution and the party and not the advisor. With the party’s permission, the advisor may be copied on all communications.

6.7.3 (F) Informal Resolutions
Allegations of Sexual Misconduct may be resolved informally. The Complainant, the Respondent, and the institution must agree to engage in the informal resolution process and to the terms of the informal resolution. The Complainant(s) and the Respondent(s) have the option to end informal resolution discussions and request a formal process at any time before the terms of an informal resolution are reached. However, matters resolved informally shall not be appealable.

6.7.3 (G) Timeframe
Efforts will be made to complete the investigation and resolution within 120 business days. Temporary delays and limited extensions may be granted by the institutions for good cause throughout the investigation and resolution process. The parties will be informed in writing of any extension or delay and the applicable reason. The institution shall keep the parties informed of the status of the investigation.
6.7.4 Responding to Reports of Sexual Harassment Pursuant to Title IX.

The implementing Title IX regulations require special handling of complaints of sexual harassment, as defined in the regulations and listed below. The following section outlines the required specialized handling of these matters that may differ from an institution’s handling of Sexual Misconduct, as defined in this Policy. Unless expressly mentioned in this section, other provisions of this Policy shall apply to all alleged Sexual Misconduct. Other Title IX sex-discrimination allegations are handled pursuant to other applicable Board and/or institutional policies.

6.7.4 (A) Definition of Sexual Harassment
Under Title IX sexual harassment means conduct on the basis of sex that satisfies one or more of the following: 
1. An employee conditioning the provision of an aid, benefit, or service of theinstitution on an individual’s participation in unwelcome sexual conduct
2. Unwelcome conduct determined by a reasonable person to be so severe,pervasive, and objectively offensive that it effectively denies a person equalaccess to the institution’s education program or activity; or
3. “Sexual assault” as defined by the Clery Act and “dating violence,” “domestic violence,” and “stalking” as defined by the VAWA Amendments.

6.7.4. (B) Jurisdiction
Alleged misconduct is addressed by Title IX when the misconduct occurs against a person in the United States on institution property, or at institution-sponsored or affiliated events where the institution exercises substantial control over both the Respondent and the context, or in buildings owned or controlled by a student organization that is officially recognized by the institution.

6.7.4 (C) Formal Complaints
A Formal Complaint is a written document filed by the Complainant or signed by the Coordinator alleging sexual harassment, as defined by Title IX and its implementing regulations, against a Respondent and requesting that the institution open an investigation. In order to file a Formal Complaint, the Complainant must be participating in or attempting to participate in the education program or activity of the institution occurring within the United States at the time of the filing. 

6.7.4 (D) Informal Resolution
Formal Complaints may be resolved informally, except in the instance of an allegation by a student against an institution employee. The following must be met in order to proceed with the informal resolution process:
1. The parties have received written notice of the allegations
2. The parties have received written explanation of the informal process to include, but not limited to:
a. Written agreement of the parties to initiate the informal resolution process;
b. Written notice that the parties may withdraw from the process at anytime prior to the agreement of the terms of the resolution;
c. Written notice that the final resolution precludes any further institutional actions on the allegations
3. The institution has agreed to engage in the informal resolution process.

6.7.4 (E) Advisors
Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an advisor (who may or may not be an attorney) of the party’s choosing. The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process but may not actively participate in the process except to conduct cross-examination at the hearing. If a party chooses not to use an advisor during the investigation, the institution will provide an advisor for the purpose of conducting cross-examination on behalf of the relevant party.
All communication during the Sexual Misconduct process will be between the institution and the party and not the advisor. The institution will copy the party’s advisor prior to the finalization of the investigation report when the institution provides the parties the right to inspect and review directly related information gathered during the investigation. With the party’s permission, the advisor may be copied on all communications. 

6.7.5 Investigations
Employee Investigations.
All Sexual Misconduct investigations involving an employee Respondent, shall be addressed utilizing Board and institutional employment policies and procedures including Human Resources Administrative Practice Manual, Prohibit Discrimination & Harassment.

Student Investigations.
Upon notice of the alleged Sexual Misconduct the institution will assess whether a formal investigation, informal resolution, or dismissal would be appropriate. In making this determination, the Coordinator will assess whether the allegation(s), if true, would rise to the level of prohibited conduct, whether a Formal Complaint must be filed, whether an investigation is appropriate in light of the circumstances, whether the parties prefer an informal resolution, and whether any safety concerns exist for the campus community. The need to issue a broader warning to the community in compliance with the Clery Act shall be assessed in compliance with federal law. Throughout any investigation and resolution proceeding, a party shall receive written notice of the alleged Sexual Misconduct, shall be provided an opportunity to respond, and shall be allowed the right to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting. If a party chooses to remain silent or otherwise not participate in the investigation or resolution process, the investigation and resolution process may still proceed, and policy violations may result.

Until a final determination of responsibility, the Respondent is presumed to have not violated the Sexual Misconduct Policy. Prior to the finalization of the investigation report, timely and equal access to information directly related to the allegations that has been gathered during the investigation and may be used at the hearing will be provided to the Complainant, the Respondent, and each party’s advisor (where applicable). Formal judicial rules of evidence do not apply to the investigation process. The standard of review throughout the Sexual Misconduct process is a preponderance of the evidence.
1. The parties shall be provided with written notice of the: report/allegations with sufficient details, pending investigation, possible charges, possible sanctions, available support services and temporary remedial measures, and other rights under applicable institutional policies. For the purposes of this
provision sufficient details include the identities of the parties involved, ifknown, the conduct allegedly constituting Sexual Misconduct, and the dateand location of the alleged incident, if known. The notice will be amended asnecessary to add new offenses or material allegations. The notice should alsoinclude the identity of any investigator(s) involved. Notice should be providedvia institution email to the party’s institution email.
2. Upon receipt of the written notice, the parties shall have at least three business days to respond in writing. In that response, the Respondent shall have the right to admit or deny the allegations, and to set forth a defense with facts, witnesses, and supporting materials. A Complainant shall have the right to respond to and supplement the notice. Throughout the Sexual Misconduct process the Complainant and the Respondent shall have the right to present witnesses and other inculpatory and exculpatory evidence.
3. If the Respondent admits responsibility, the process may proceed to thesanctioning phase or may be informally resolved, if appropriate.
4. An investigator shall conduct a thorough investigation and should retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any party’s proffered witnesses not interviewed, along with a brief, written explanation of why the witnesses were not interviewed.
5. An investigator shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
6. An initial investigation report shall be provided to the Complainant, the Respondent, and each party’s advisor (if applicable). This report should fairly summarize the relevant evidence gathered during the investigation and clearly indicate any resulting charges or alternatively, a determination of no charges. For purposes of this Policy, a charge is not a finding of responsibility.
7. The Complainant and the Respondent shall have at least 10 calendar days to review and respond in writing to the initial investigation report and directly related information gathered during the investigation. The investigator will review the Complainant’s and the Respondent’s written responses, if any, to determine whether further investigation or changes to the investigation report are necessary.
8. The final investigation report should be provided to the Complainant, the Respondent, and each party’s advisor, if applicable, at least 10 calendar days prior to the Hearing. The final investigation report should also be provided to all Hearing Panel members for consideration during the adjudication process.

6.7.6 Sexual Misconduct Hearings
Employee Hearings
All Sexual Misconduct adjudications involving an employee Respondent, shall be addressed utilizing Board and institutional employment policies and procedures including Human Resources Administrative Practice Manual, Prohibit Discrimination & Harassment.

Student Hearings
The Respondent and the Complainant, as parties to the matter, may have the option of selecting informal resolution as a possible resolution in certain cases where the parties agree, and it is deemed appropriate by the institution. Where a matter is not resolved through informal resolution a hearing shall beset. All Sexual Misconduct cases shall be heard by a panel of faculty and/or staff. 

All institutional officials responsible for management and adjudication in the Sexual Misconduct resolution process shall receive appropriate annual training as directed by the institution Title IX Coordinator or the Assistant Vice Chancellor for Student Affairs at the University System Office and required by the Clery Act and Title IX. 

In no case shall a hearing to resolve a Sexual Misconduct allegation take place before the investigation report has been finalized. The investigator may testify as a witness regarding the investigation and findings but shall otherwise have no part in the hearing process and shall not attempt to otherwise influence the proceedings outside of providing testimony during the hearing. All directly related evidence shall be available at the hearing for the parties and their advisors to reference during the hearing. 

Relevant facts or evidence that were not known or knowable to the parties prior to the issuance of the final investigative report shall be admissible during the hearing. The institution will determine how the facts or evidence will be introduced. The admissibility of any facts or evidence known or knowable by t he parties prior to the issuance of the final investigative report, and which were not submitted during the investigation, shall be determined by the institution in compliance with the obligation to provide both parties an equal opportunity to present and respond to witnesses and other evidence. Notice of the date, time, and location of the hearing as well as the selected hearing panel members shall be provided to the Complainant and the Respondent at least 10 calendar days prior to the hearing. Notice shall be provided via institution email to the parties’ institution email. Parties may attend the hearing with their advisor.
Hearings shall be conducted in-person or via video conferencing technology. Where the institution determines that a party or witness is unable to be present in person due to extenuating circumstances, the institution may establish special procedures to permit that individual to provide testimony from a separate location. In doing so, the institution must determine whether there is a valid basis for the individual’s unavailability, require that the individual properly sequester in a manner that ensures testimony has not been tainted, and make a determination that such arrangement will not unfairly disadvantage any party. Should it be reasonably believed that the individual presented tainted testimony, the hearing panel will disregard or discount the testimony. Parties may also request to provide testimony in a separate room from the opposing party, so long as no party is unfairly disadvantaged, and they have the opportunity to view the testimony remotely and submit follow-up questions. 

At all times participants in the hearing process, including parties, a party’s advisor, and institution 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 by this Policy and the institution. The institution reserves the right to remove any participant from the hearing environment if the participant refuses to adhere to the institution’s established rules of decorum.

Each institution shall maintain documentation of the investigation and resolution process, which may include written findings of fact, transcripts, audio recordings, and/or video recordings. Any documentation shall be maintained for seven years. 

Additionally, the following standards will apply to Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct hearings respectively:
A. Title IX Hearings
1. Where a party or a witness is unavailable, unable, or otherwise unwilling to participate in the hearing, including being subject to cross-examination, 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.
2. The parties shall have the right to present witnesses and evidence at the hearing.
3. The parties shall have the right to confront any witness, including the other party, by having their advisor ask relevant questions directly to the witness. The Hearing Officer shall limit questions raised by the advisor when they are irrelevant to determining the veracity of the allegations against the Respondent(s). In any such event, the Hearing Officer shall err on the side of permitting all the proposed questions and must document the reason for not permitting any particular questions to be raised.
4. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, shall be deemed irrelevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or consent between the parties during the alleged incident.
5. The hearing panel shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
6. Formal judicial rules of evidence do not apply to the resolution process and the standard of evidence shall be a preponderance of the evidence.
7. Following a hearing, the parties shall be simultaneously provided a written decision via institution email of the hearing outcome and any resulting sanctions or administrative actions. 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 or other administrative action. The institution shall also notify the parties of their right to appeal as outlined below.

B. Non-Title IX Sexual Misconduct Hearings
1. The parties shall have the right to present witnesses and evidence at the hearing. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the case being heard.
2. The parties shall have the right to confront any witnesses, including the other party, by submitting written questions to the Hearing Officer for consideration. Advisors may actively assist in drafting questions. The Hearing Officer shall ask the questions as written and will limit questions only if they are irrelevant to determining the veracity of the allegations against the Respondent(s). In any such event, the Hearing Officer shall err on the side of asking all submitted questions and must document the reason for not asking any particular questions. 
3. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, shall be deemed irrelevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or consent between the parties during the alleged incident.
4. The hearing panel shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
5. Formal judicial rules of evidence do not apply to the resolution process and the standard of evidence shall be a preponderance of the evidence.
6. Following a hearing, the parties shall be simultaneously provided a written decision via institution email of the hearing outcome and any resulting sanctions or administrative actions. 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 an rationale for any sanction or other administrative action. The institution shall also notify the parties of their right to appeal, as outlined below.

6.7.7 Possible Sanctions, Appeals, and Recusal/Bias
Employee Possible Sanctions, Appeals, and Recusal/Bias.
All Sexual Misconduct adjudication involving an employee Respondent, shall be addressed utilizing Board and institutional employment policies and procedures including Human Resources Administrative Practice Manual, Prohibit Discrimination & Harassment.

Student Possible Sanctions, Appeals, and Recusal/Bias
A. Possible Sanctions
In determining the severity of sanctions or corrective actions the following should be considered: the frequency, severity, and/or nature of the offense; history of past conduct; an offender’s willingness to accept responsibility; previous institutional response to similar conduct; strength of the evidence; and the wellbeing of the university community. The institution will determine sanctions and issue notice of the same, as outlined above.
The broad range of sanctions includes: expulsion; suspension for an identified time frame or until satisfaction of certain conditions or both; temporary or permanent separation of the parties (e.g., change in classes, reassignment of residence, no contact orders, limiting geography of where parties can go on campus) with additional sanctions for violating no-contact orders; required participation in sensitivity training/awareness education programs; required participation in alcohol and other drug awareness and abuse prevention programs; counseling or mentoring; volunteering/community service; loss of institutional privileges; delays in obtaining administrative services and benefits from the institution (e.g., delaying registration, graduation, diplomas);additional academic requirements relating to scholarly work or research; financial restitution; or any other discretionary sanctions directly related to the violation or conduct.
For suspension and expulsion, the institution must articulate, in its written decision, the substantial evidence relied upon in determining that suspension or expulsion were appropriate. For purposes of this Policy substantial evidence means evidence that a reasonable person might accept to support the conclusion.
B. Appeals
The Respondent the Complainant shall have the right to appeal the outcome of a sexual misconduct case 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 (or appeal), because such information was not known or knowable to the person appealing during the time of the hearing(or appeal); (2) to allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing (or appeal),including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by a conflict of interest or bias by the Title IX Coordinator, Conduct Officer, investigator(s), decisionmakers(s); or (3) to allege that the finding was inconsistent with the weight of the information. The appeal must be made in writing, must set forth one or more of the bases
outlined above, and must be submitted within five business days of the dateof the final written decision. The appeal should be made to the institution’sPresident or their designee.
The appeal shall be a review of the record only, and no new meeting with the Respondent or any Complainant is required. The President or their designee may affirm the original finding and sanction, affirm the original finding but issue a new sanction of greater or lesser severity, remand
the case back to any lower decision maker to correct a procedural or factual defect, or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand. The President or their designee’s decision shall be simultaneously issued in writing to the parties within a reasonable time period. The President or their designee’s decision shall be the final decision of the institution.
Should the Respondent or Complainant wish to appeal the final institutional decision, they may request review by the Board of Regents in accordance with the Board of Regents’ Policy 6.26 on Discretionary Review.
Appeals received after the designated deadlines above will not be considered unless the institution or Board of Regents has granted an extension prior to the deadline. If an appeal is not received by the deadline the last decision on the matter will become final.

C. Recusal/Challenge for Bias
Any party may challenge the participation of any institution official or employee in the process on the grounds of personal bias by submitting a written statement to the institution’s designee setting forth the basis for the challenge. The designee shall not be the same individual responsible for investigating or adjudicating the conduct allegation. 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 institution’s designee will determine whether to sustain or deny the challenge and, if sustained, the replacement to be appointed.

Policy Statement: The most current Student Code of Conduct (the “Code”) can be found on the Policy Library web site as listed in the References. In the event of any conflict, the Code found in the Policy Library will govern.

Table of Contents

A. General
B. Definitions
C. Prohibited Non-Academic Conduct
D. Prohibited Academic Conduct
E. Interim Measures
F. Conduct Procedures
G. Sanctions
H. Appeal Procedures
I. Record Keeping and Release of Information
J. References

A. GENERAL

The Code educates all members of the Georgia Tech Community about the Institute’s expectations and Students’ rights and creates a standard by which Students are expected to conduct themselves for the purpose of establishing an environment conducive to academic excellence. Georgia Tech Students, Registered Student Organizations, and Groups are responsible for their own behavior, and the Institute has the authority to establish an internal structure for the enforcement of its policies and procedures, the terms of which students have agreed to accept by their enrollment.

1. Authority
a. The Code is not written with the specificity of a criminal statute and should not be confused with criminal law. Institute conduct proceedings are not restricted by the rules of evidence governing criminal and civil proceedings. Students may be charged under multiple sections of the Student Code of Conduct (Non-Academic Misconduct, the Academic Misconduct) based upon the same conduct. Students may be held accountable both to civil or criminal authorities and the Institute for acts that constitute violations of law and the Policy. Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Students who reside in Institute housing are subject to Housing policies and procedures in addition to this Code.

b. Sexual misconduct is not governed by this Code, but by the Sexual Misconduct Policy, including its procedures and sanctions.

c. The Office of Student Integrity (OSI), in consultation with the Office of the General Counsel, shall develop consistent operating procedures for the administration of the Conduct Process and for the conduct of Student Conduct Panel hearings.

d. Any question of the interpretation or application of the Code shall be referred to the Associate Vice President for Student Life & Dean of Students for final determination.

e. In any instance in which reference is made to an official of the Institute, such reference shall mean the official or the official’s designee.

2. Jurisdiction

a. The Institute shall take necessary and appropriate action to protect the safety and well-being of its community. Accordingly, student conduct should be addressed when such acts occur on Institute property, at Institute-sponsored or affiliated events, or otherwise violate the Institute’s student conduct policies, regardless as to where such conduct occurs. If the student has admitted responsibility and has voluntarily decided to participate in the informal process, the procedures outlined in this section will not apply. Academic misconduct relevant to any Institute activity will be addressed regardless of where it may have occurred. Non-academic misconduct will be addressed whenever such acts:

1. occur on Institute Premises;
2. occur at Institute-sponsored activities;
3. occur at Student Group or Organization Activities;
4. occur online or through an electronic medium; or
5. occur off Institute Premises when conduct adversely affects the Institute and/or the pursuit of its objectives.

b. Each Student shall be responsible for their conduct under this Code from the time of application for admission through the actual awarding of a degree. This includes conduct that may occur before classes begin or after classes end during the academic year, as well as during time periods between terms of actual enrollment. The Code shall apply to a Student’s conduct even if the Student withdraws from school while a disciplinary matter is pending. The Code applies to Institute programs in virtually remote and overseas locations.

c. The Institute shall retain the ability to adjudicate matters that occurred during a Student’s enrollment at Georgia Tech.

3. Inappropriate Classroom Behavior
The primary responsibility for managing the classroom environment rests with the instructor. Students who engage in any acts that result in disruption of a class may be directed by the instructor to leave the class for the remainder of the class period. Longer suspensions from a class can be administered only by the Associate Vice President for Student Life & Dean of Students in accordance with this Code.

4. Registered Student Organization Discipline
Registered Student Organizations are subject to this Code. Any Registered Student Organization accused of committing or attempting to commit one or more acts of misconduct is subject to the conduct procedures outlined in Section F.

B. DEFINITIONS

“Administrative Conference” refers to the meeting between the Respondent and the Student Conduct Administrator and/or Investigator that can occur at the initiation of the Conduct Process. An Administrative Resolution may be offered to the Respondent during this conference.

“Administrative Resolution” refers to a decision by a Student Conduct Administrator that will
result in the Respondent either being found responsible or not for the alleged violation.

“Advisor” refers to an individual, chosen by the Respondent or the Complainant (where applicable), who assist a Respondent or the Complainant with the Conduct Process. The Respondent and the Complainant have the right to use an Advisor (who may or may not be an attorney) of their choosing, and at their own expense, for the express purpose of providing advice and counsel. The Advisor may be present during meetings and proceedings of the investigatory and/or resolution process at which the advisee is present. The Advisor may advise the advisee in any manner, including providing questions, suggestions, and guidance on responses to any questions asked of the advisee, but shall not participate directly during the investigation and/or resolution process unless it is a Title IX proceeding.

“Appellate Officer” means the person authorized by the Institute to consider an appeal of a disciplinary decision rendered by a Student Conduct Administrator, a Student Conduct Panel, or the Associate Vice President for Student Life & Dean of Students.

“Business Day” means any day in which the Institute is open for its full hours of operation, in accordance with the Institute’s official calendars. All campuses will follow their respective calendars. When an authorized Institute Official closes the Institute, it will not be considered a Business Day.

“Chair” means a member of a Student Conduct Panel who is identified by the Institute to oversee the proceedings during a hearing.

“Complainant” means an individual who is alleged to be a victim of conduct that would violate any Board of Regents or other applicable Institute policy, including but not limited to, the Code.

“Community” includes any Student, Staff, Faculty Member, Institute Official, Affiliate, or any other person employed by the Institute. A person’s status in a particular situation shall be determined by the Associate Vice President for Student Life & Dean of Students.

“Conduct Process” refers to the process that begins upon receipt of complaint, to include, the Administrative Conference, the investigation of misconduct allegations, and all other meetings and proceedings of the investigatory and/or resolution process.

“Faculty Member” means any person hired by the Institute to conduct classroom, teaching, or research activities or who is otherwise considered by the Institute to be a member of its Faculty.

“Group” means persons who are associated with each other, but who have not complied with Institute requirements for chartering or annual registration as a Registered Student Organization.

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

“Information” means any Witness testimony, documents, statements, or tangible material
presented to an Investigator, Student Conduct Administrator, or Student Conduct Panel.

“Institute” and “Georgia Tech” each refer to the Georgia Institute of Technology, its respective campuses, and all of its undergraduate, graduate, and professional schools, divisions, and programs.

“Institute Official” is defined as Faculty Members, administration, or staff, including students serving as Institute employees, who are acting on behalf of the Institute.

“Institute Premises” includes all land buildings, facilities, grounds, utilities, resources, and other property (including computer resources) in the possession of, or owned, operated, leased, controlled, or supervised by the Institute (including adjacent streets and sidewalks).

“Investigator” means a person or entity charged with reviewing allegations of misconduct.

“May” is used in the permissive sense.

“Office of Student Integrity” or “OSI” means the office designated by the Institute to oversee the Code.

“Policy” or “Policies” means any written rule or regulation of the Institute, the Board of Regents of the University System of Georgia.

“Preponderance of the Evidence” is the standard of review used in determining responsibility and means whether a Respondent is more likely than not to be in violation of the Code.

“President” means the Institute's President or their designee.

“Registered Student Organization” or “RSO” means persons who have complied with or are in the process of complying with, the Institute requirements for chartering or annual registration requirements pursuant to the Registered Student Organizations Policy.

“Respondent” means a Student, Group, or RSO who is alleged to be in violation of the Code. The individual designated as the highest-ranking member of the Group or RSO shall represent the Group or RSO as the Respondent.

“Sanction” and “Supplementary Requirements” means the conditions imposed upon a Respondent found responsible for a violation of the Code.

"School/Student Organization" means an organization (such as a club, society, association, corporation, order, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, student government, or group living together) in which two or more of the members are enrolled students or alumni, including local affiliate organizations, whether or not the organization is established or recognized by the institution.

“Student” means any person who is taking or auditing classes of the Institute, either full-time or part-time; is participating in academic programs; or is pursuing undergraduate, graduate, or professional studies. A Student is also any person who matriculates in any Institute program, has been accepted for enrollment, or is eligible to re-enroll without applying for readmission.

“Student Conduct Administrator” means an Institute Official as authorized by the Associate Vice President for Student Life & Dean of Students to lead the Administrative Conference, recommend violations based on an investigation of alleged misconduct, or impose Sanctions upon any Student(s) found to have violated the Code.

“Student Conduct Panel” means a set of persons authorized by the Institute to determine whether the Respondent has violated the Code. In non-academic cases, the Panel recommends a decision and Sanctions, if applicable, to the Director of Student Integrity.

“System Director” refers the University System of Georgia’s System Director of Equity & Investigations.  

“Substantial Evidence” means evidence a reasonable mind might accept as adequate to support a conclusion.

“Weapon” means any object or substance designed, intended, or used to inflict or threaten bodily injury.

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

“Witness” is defined as a person providing information during the Conduct Process.
 

C. PROHIBITED NON-ACADEMIC CONDUCT

Any Student, Group, or RSO accused of committing or attempting to commit one or more acts of non-academic misconduct is subject to the Conduct Process in Section F.

1. Alcohol violations including, but not limited to:

a. Underage use or possession of alcohol.
b. Possession or consumption of alcohol in an unauthorized area.
c. Use or possession of fake identification.
d. Distribution of alcohol to underage person(s).
e. Behavior, while under the influence of alcohol that endangers any person.
f. Disorderly conduct associated with the use of alcoholic beverages.

2. Illegal drugs and other substance violations including, but not limited to:

a. Use or possession of illegal drugs (without valid medical or dental prescription).
b. Behavior, while under the influence of illegal drugs, that endangers any person.
c. Manufacturing, furnishing, selling, or distributing of any narcotic or dangerous drug controlled by law.
d. Disorderly conduct associated with the use of illegal drugs.

3. Unjustifiably pushing, striking, or otherwise intentionally causing reasonable apprehension of such harm to any person.

4. Disorderly conduct including, but not limited to:

a. Boisterousness, rowdiness, obscene, or indecent conduct or appearance.
b. Obstruction or disruption of teaching, research, administration, or other Institute activities, including its public service functions or other authorized activities.
c. Breach of the peace.

5. Behavior that endangers any person(s), including self.

6. Unauthorized use of Institute Premises including:

a. Unauthorized entry into any Institute Premises or remaining without permission in any building after normal closing hours.
b. Possessing, using, making, or causing to be made any key or other means of access to any Institute Premises without proper authorization.

7. Furnishing false information to any Institute Official.

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

9. Hazing is any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that— 
(i) is committed in the course of an initiation into, an affiliation or connection with, the maintenance of membership in, or any other condition or precondition connected to a student organization or school organization; and 
(ii) causes or creates a risk, above the reasonable risk encountered in the course of participation in institution or organization activities (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including— 
(a) whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
(b) causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
(c) causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
(d) causing, coercing, or otherwise inducing another person to perform sexual acts;
(e) any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
(f) any activity against another person that includes a criminal violation of local, state, tribal, or federal law; and
(g) any activity that induces, causes, or requires another person to perform a duty or task that involves a violation of local, state, tribal, or federal criminal law.

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

a. Intentionally initiating or causing to be initiated any false reporting, warning or threat of fire, explosion, or other emergency.
b. Tampering with safety devices or other emergency, safety, or firefighting equipment.
c. Setting or attempting to set an unauthorized fire.
d. Unauthorized possession of fireworks, firearms, and/or ammunition.
e. Unauthorized possession of authorized weapons and/or dangerous materials or chemicals.
f. Unauthorized sale, possession, furnishing, or use of any bomb or explosive or incendiary device.

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

12. Malicious or unauthorized damage to or destruction of Institute property or property belonging to another.

13. Illegal gambling, including online gambling.

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

15. Acting with any other person to perform an unlawful act or to violate an Institute, Board of Regents, and/or University System Policy.

16. Failure to comply with instructions or a directive of any properly identified Institute Official while that person is acting in the performance of official duties.

17. Abuse of the Conduct Process including, but not limited to:

a. Failure to cooperate with the investigation, resolution, and procedures of the Code.
b. Falsification, distortion, or misrepresentation of Information before a Student Conduct Administrator or Student Conduct Panel.
c. Disruption or interference with the orderly conduct of an Administrative Conference and/or a Student Conduct Panel proceeding.
d. Attempting to influence the impartiality of a Student Conduct Administrator and/or a member of a Student Conduct  Panel at any point in the Conduct Process.
e. Failure to comply with the Sanction and/or Supplementary Requirements imposed under the Code.
f. Influencing or attempting to influence another person to commit an abuse of the Conduct Process.

18. Harassing another person including, but not limited to:

Placing another person in reasonable fear of his/her personal safety through words or actions directed at that person, or unreasonably interfering with the working, learning, or living environment of the person.

19. Violation of any Institute Policy, rule or regulation.

20. Violation of any Board of Regents or University System of Georgia Policy and/or federal, state, or local law.

21. Discriminatory conduct including:

a. Objectively offensive conduct directed at a particular person or persons based upon that person or persons’ race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, gender expression, veteran status, or any class protected by law that creates a hostile environment or that results in excluding participation in, or denies the benefits of any educational program or working opportunity for that person or persons.
b. Verbal or written threats, coercion or any other conduct that is based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, gender expression, veteran status, or any class protected by law, that by design, intent or recklessness incites reasonable fear of physical harm or otherwise unreasonably interferes with another’s working, learning, or living environment of the person. Allegations of sex and/or gender-based discrimination will be governed by the Sexual Misconduct Policy.

D. PROHIBITED ACADEMIC CONDUCT

Any Student accused of committing or attempting to commit one or more of the following acts of academic misconduct is subject to conduct procedures in Section F.

1. Unauthorized access including possessing, using, or exchanging improperly acquired written or verbal information in the preparation of a problem set, laboratory report, essay, examination, or other academic assignment.

2. Unauthorized collaboration including unauthorized interaction with another Student or Students in the fulfillment of academic requirements.

3. Plagiarism including submission of material that is wholly or substantially identical to that created or published by another person or persons, without adequate credit notations indicating the authorship.

4. False claims of performance for work that has been submitted by a Student.

5. Grade alteration including alteration of any academic grade or rating to obtain unearned academic credit.

6. Deliberate falsification including a written or verbal statement of fact to a Faculty Member and/or Institute Official, to obtain unearned academic credit.

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

8. Distortion including any act that distorts or could distort grades or other academic records.

9. Unauthorized use of another’s intellectual property including classroom recordings, power point presentations, lecture notes (any media), examination questions, or study guides.

E. INTERIM MEASURES

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

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

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

Interim Suspension:

In certain circumstances the Associate Vice President for Student Life & Dean of Students may impose a suspension prior to the investigation and resolution process.

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

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

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

3. Cases of interim suspension shall be given priority and will be expedited through the conduct process.

F. CONDUCT PROCEDURES

1. Case Referrals

Any person may file a complaint against a Student, Group or RSO for violations of the Code. The procedures for filing a complaint are on the OSI website.

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

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

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

Confidentiality: Where a Complainant (where applicable) requests that their identity be withheld or the allegation(s) not be investigated, the Institute should consider whether or not such request(s) can be honored while still promoting a safe and nondiscriminatory environment for the institution and conducting an effective review of the allegations. The institution should inform the requesting party that the institution cannot guarantee confidentiality and that even granting requests for confidentiality shall not prevent the institution from reporting information or statistical data as required by law, including the Clery Act.

Retaliation: Anyone who, has made a report or complaint, provided information, assisted, participated or refused to participate in any investigation or resolution under applicable Board of Regents or Institute Policy shall not be subjected to retaliation. Anyone who believes they have been the subjected to retaliation should immediately contact the appropriate department or individual(s) for that institution. Any person found to have engaged in retaliation shall be subject to disciplinary action, pursuant to Institute Policy.

False Complaints/Statements: Individuals are prohibited from knowingly giving false statements to an institution official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, in violation of applicable Board of Regents or Institute Policy shall be subject to appropriate disciplinary action (up to and including suspension or expulsion) and adjudicated pursuant to Institute Policy.

Amnesty: Students should be encouraged to come forward and report violations of the law and/or student code of conduct notwithstanding their choice to consume alcohol or drugs. Information reported by a student during the conduct process concerning their consumption of drugs or alcohol will not be voluntarily reported to law enforcement; nor will information that the individual provides be used against the individual for purposes of conduct violations. Nevertheless, these students may be required to meet with staff members regarding the incident and may be required to participate in appropriate educational program(s). The required participation in an educational program under this amnesty procedure will not be considered a sanction. Nothing in this amnesty procedure shall prevent an Institute staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.

2. Communications

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

3. Rights

Throughout the Conduct Process, the Respondent, as party to the proceedings, is granted the following rights:

1. to seek information from a Student Conduct Administrator and/or Investigator;
2. to be informed of the charge(s) and alleged misconduct upon which the charge is based;
3. to be informed of the Information upon which a charge is based and afforded an opportunity to offer a relevant response;
4. to use an Advisor;
5. to remain silent with no inference of responsibility drawn;
6. to call and question relevant Witnesses;
7. to present Information in his/her behalf;
8. to be considered not responsible until proven responsible by a Preponderance of the Evidence;
9. to be informed of the outcome of the disciplinary proceeding in writing;
10. to appeal the decision;
11. to waive any of the above rights; and
12. to have resolution of the case within a reasonable time.

Throughout the Conduct Process, the Complainant (where applicable), as party to the proceedings, is granted the following rights:

1. to have an Advisor of their own choosing, at their own expense;
2. to be informed of the outcome of the disciplinary proceeding in writing; and
3. to appeal the decision.

Throughout the Conduct Process, Witnesses have the right to remain silent with no inference of responsibility drawn.

4. Investigation and Resolution Process
Initial Evaluation of Incident Reports

a. After OSI receives a complaint, the Student Conduct Administrator will review the complaint and any supporting Information to decide what, if any process to initiate. The Student Conduct Administrator will determine whether the facts as alleged in the complaint or report are sufficient to initiate a Conduct Process.

• If the Student Conduct Administrator determines that the facts of the complaint or report, even if true, would not constitute a violation of Policy, no further action will be taken. Otherwise, the Student Conduct Administrator may (1) attempt to resolve the situation through an informal resolution process including, but not limited to, mediation or a meeting between the Respondent and a Student Conduct Administrator or a third party; or (2) perform an initial investigation to determine what charges should be brought against the Respondent and whether those charges could potentially result in suspension or expulsion of the Respondent.
• The Respondent shall receive notice of the alleged misconduct with sufficient details, shall be provided an opportunity to respond, and shall be allowed to remain silent during the investigation and resolution process, without an adverse inference. Sufficient details include the identifies of the parties involved, if known, a statement of the alleged misconduct violation(s), and the date and location of the alleged incident, if known.  If the Respondent chooses to remain silent, the investigation may proceed, and Policy violation charges may still result and may be resolved against the Respondent. 

b. If OSI receives multiple complaints involving the same Student, each complaint will be considered separately in determining whether a Conduct Process should be initiated.  Multiple charges against the same Respondent will generally be investigated and adjudicated separately; however, multiple charges may be investigated and adjudicated together under appropriate circumstances, which may include, but are not limited to, consent of the parties, similar or related conduct, and the administrative burden of considering the charges separately. 

c. Process for Cases which will Not Result in Suspension or Expulsion 

1. If the Student Conduct Administrator initiates the Conduct Process, the Respondent is notified and is requested to contact the Student Conduct Administrator within five (5) Business Days of the notification to schedule an Administrative Conference. During the Conduct Process, the Respondent should continue to attend class and required Institute functions unless otherwise instructed by the Associate Vice President for Student Life & Dean of Students or OSI. Should the Respondent fail to contact the Student Conduct Administrator within five (5) Business Days, or fail to attend the Administrative Conference, the Student Conduct Administrator may resolve the case in the Student’s absence, or may refer the case to a Student Conduct Panel.
2. At the Administrative Conference, the Respondent is presented with the alleged violation of the Student Code of Conduct, supporting Information, and an explanation of his/her rights. The Respondent may bring an Advisor. However, if the Advisor disrupts the investigation and resolution process, they may be asked to leave. The Respondent will be provided the opportunity to present their version of the reported incident.

d. Process for Cases Which May Result in Expulsion or Suspension  

1. In cases which may result in expulsion or suspension, Georgia Tech must notify the System Director pursuant to USG Policy 4.6.
2. The Complainant (where applicable) and Respondent shall be provided with written notice of the complaint/allegations, pending investigation, possible charges, possible sanctions, available support services, and the identity of the Investigator(s). Notice should be provided via institution e-mail to the address on file.
3. Upon receipt of the written notice, the Respondent shall be given five (5) Business Days to respond in writing. In that response, the Respondent shall have the right to admit or to deny the allegations, and to set forth a defense with facts, Witnesses, and supporting materials– whether written or electronic – in support. Failure to respond by the deadline will be considered a general denial of the alleged misconduct.
4. After review of the Respondent’s response, the investigation shall continue with interviews of the Respondent, the Complainant (where applicable) and other relevant Witnesses; collection and review of documents or other physical or electronic information; and any other steps deemed necessary by the Investigator. The Investigator should retain written notes and/or obtain written or recorded statements from each interview. The Investigator shall also keep a record of any proffered Witnesses not interviewed, along with a brief, written explanation.
5. The investigation shall be summarized in writing in an initial investigation report and provided to the Respondent and the Complainant (where applicable and permissible by law) 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 and possible sanctions.
6. To the extent the summary report indicates that the Respondent will be charged with any violation, the Respondent shall have the opportunity to respond in writing. The Respondent’s written response to the report shall be due no later than three (3) Business Days following the date of the report. The Respondent’s written response should outline a plea in response to the charge(s), and where applicable, the defense(s), and the facts, Witnesses, and documents – whether written or electronic – in support. The Respondent’s failure to submit a written response to the charge(s) within three (3) Business Days will be interpreted as a denial of the charge(s).
7. The Investigator shall conduct further investigation and update the investigative report if warranted by the Respondent’s response.
8. The final investigative report shall be provided to the Student Conduct Panel or Student Conduct Administrator for consideration in adjudicating the charges brought against the Respondent. A copy shall also be provided to the Respondent and the Complainant (where applicable) before any hearing. The Investigator may testify as a Witness regarding the investigation and findings but shall otherwise have no part in the hearing process and shall not attempt to otherwise influence the proceedings outside of providing testimony during the hearing.
9. During the Conduct Process, the Respondent should continue to attend class and required Institute functions unless otherwise instructed by the Associate Vice President for Student Life & Dean of Students or OSI.

e. The case will be adjudicated by the Student Conduct Administrator or a Student Conduct Panel. The Respondent shall have the option of having the charges heard by either the Student Conduct Administrator or by a Student Conduct Panel. The Respondent may also request that the case be adjudicated by a different Student Conduct Administrator than that initially authorized to hear the case in the event of perceived bias of the initially authorized official. The Student’s reasons for their preference must be conveyed to the Associate Vice President for Student Life & Dean of Students, in writing, before the investigation begins.  Ordinarily, the Student’s preference will be honored; however, the Associate Vice President for Student Life & Dean of Students will make the final decision in their sole discretion. If the Student’s preference is not honored, the rationale for the decision will be provided to the Student in writing. TheAssociate Vice President for Student Life & Dean of Students reserves the right to determine the process to be used based on the relevant facts and circumstances, including, but not limited to: 

1. imminent graduation of the Student;
2. end of the semester; or
3. extraordinary circumstances.

f. If the case is to be adjudicated by the Student Conduct Panel, the case shall be referred to the Student Conduct Panel and follow the procedures outlined in Section F-5-b.

Resolution of the case should be made within thirty (30) Business Days of the Administrative Conference. If resolution cannot be reached in thirty (30) Business Days, OSI will inform the Respondent and Complainant (where applicable). OSI may waive this timeline for good cause.

5. Forms of Case Resolution

In no case shall a hearing to resolve charge(s) of student misconduct take place before the investigative report has been finalized or before the Respondent has had an opportunity to respond in writing, unless the Respondent has chosen to go through an informal process or otherwise provided a written waiver of rights to these procedures. Further, unrelated charges and/or cases shall be heard separately unless the Respondent consents to the charges/cases being heard jointly.

Where the Respondent contests the charges, and after the investigative report has been finalized and copies provided to the Respondent and the Complainant (where applicable and permissible by law) the case shall be set for hearing; however, in cases with a Complainant, the Complainant and Respondent may have the option of selecting informal resolution, except where deemed inappropriate by the Associate Vice President for Student Life & Dean of Students, (or their designee) or the System Director.

Where a case is not resolved through informal means, the charges shall be heard either by an Administrator or a Student Conduct Panel. Notice of the date, time, and location of the hearing, shall be provided to the Respondent and the Complainant (where applicable) at least five (5) Business Days prior to the hearing. Hearings shall be conducted in person or via conferencing technology as reasonably available.

The following standards will apply to any such hearing, whether before an Administrator or a Student Conduct Panel:

1. The Respondent and Complainant (where applicable) shall have the right to present Witnesses and evidence to the hearing officer or panel. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the case being heard. The Respondent and Complainant (where applicable) shall have the right to confront any Witnesses, including the other party, by submitting written questions to the Hearing Officer or Hearing Panel for consideration. Advisors may actively assist in drafting questions. The Hearing Officer or Hearing Panel shall ask the questions as written and will limit questions only if they are unrelated to determining the veracity of the charge leveled against the Respondent(s). In any event, the Hearing Officer or Hearing Panel shall err on the side of asking all submitted questions and must document the reason for not asking any particular questions.
2. Where the Student Conduct Administrator or panel determines that a party or Witness is unavailable and unable to be present due to extenuating circumstances, the Student Conduct Administrator or panel may establish special procedures for providing testimony from a separate location. In doing so, the Student Conduct Administrator or panel must determine there is a valid basis for the unavailability, ensure proper sequestration in a manner that ensures testimony has not been tainted, and make a determination that such an arrangement will not unfairly disadvantage any party. Should it be reasonably believed by the Student Conduct Administrator or panel that a party or Witness who is not physically present has presented tainted testimony, the Student Conduct Administrator or panel will disregard or discount the testimony.
3. Formal judicial rules of evidence do not apply to the investigatory or resolution process.
4. The standard of review shall be a Preponderance of the Evidence; however, any decision to suspend or to expel a student must also be supported by Substantial Evidence at the hearing.
5. The Institute shall maintain documentation of the proceedings, which may include written findings of fact, transcripts, audio recordings and/or video recordings.
6. Following a hearing, both the Respondent and Complainant (where applicable) shall be provided a written decision of the outcome and any resulting sanctions. The decision shall include details on how to appeal, as outlined below. Additionally, the written decision shall summarize the evidence in support of the sanction. The same form will be completed, regardless of whether the student opts for a student panel or an administrative hearing.

a. Administrative Resolution

The Student Conduct Administrator renders a decision of: 1) Not Responsible, which closes the case, or 2) Responsible for one or more violations with an appropriate Sanction, and, as warranted, one or more from among the Supplementary Requirements. The Respondent, after being notified of the Student Conduct Administrator’s decision, may submit an appeal to the Associate Vice President for Student Life & Dean of Students according to the appeal procedures described in Section H.

b. Student Conduct Panel

1. Decisions and Sanctions
   The Student Conduct Panel, after convening a hearing, recommends a disciplinary decision to the Director of Student Integrity. The Director of Student Integrity, after reviewing the case, renders a decision of 1) Not Responsible, which closes the case, or 2) Responsible for one or more violations of the Policy with an appropriate Sanction and, as warranted, one or more from among the Supplementary Requirements. The Respondent, after being notified of the decision and Sanction, may appeal to the Associate Vice President for Student Life & Dean of Students, according to appeal procedures described in Section H.
2. Scheduling of Student Conduct Panel Hearing
   After the case is forwarded to a Student Conduct Panel, the Complainant and the Respondent will be notified of available dates and times for a hearing. The Respondent may indicate preferences from among the available dates and times. These preferences will be considered by OSI if received within three (3) Business Days of the date the options were presented to the Respondent. 

This official notice will be provided at least five (5) Business Days prior to the hearing and will include the time, date, and location of the hearing. In addition, the notice will specify the Complainant(s), Witnesses(s), and nature of the alleged misconduct. The Respondent may waive the notification timeline in order to expedite the hearing process. Upon request, the Respondent may meet with a Student Conduct Administrator to review Information and hearing procedures.

c. Faculty Conference (optional academic case resolution)

A faculty conference is an optional way in which an alleged act of academic misconduct can be resolved.

1. Initiation of Complaint

The Faculty Conference is initiated by the instructor of record, who requests the meeting with the Respondent to discuss the alleged misconduct. Should the Respondent not choose to participate in a Faculty Conference, the instructor should forward the case to OSI for investigation.

2. Participants

The Faculty Conference involves the instructor of record and the Respondent. The Faculty Conference may also involve Witnesses and a representative from OSI if requested by either the instructor or the Respondent.

3. Process

During the Faculty Conference, the instructor of record explains the alleged misconduct, supporting Information, and the Rights of the Respondent. The Respondent can provide: 1) his/her response to alleged misconduct, 2) supporting Information, and 3) Witnesses.

4. Conclusion

• If the instructor finds the Respondent not responsible, the case is closed.
• If the instructor finds the Respondent responsible, but the Respondent does not admit responsibility, the instructor forwards the case to OSI for investigation.
• If the instructor finds the Respondent responsible, and the Respondent acknowledges responsibility, the instructor proposes a Faculty Resolution including: 1) a Sanction of disciplinary warning, or disciplinary probation; 2) a grade penalty; and 3) an educational component.
• If the Respondent agrees to the Faculty Resolution, the Faculty Member forwards the resolution to OSI for consideration. OSI will determine if the Respondent has prior disciplinary history. If so, in the case will be investigated by OSI, in accordance with Section F-4.
• If the Respondent does not agree to the Faculty Resolution, the Faculty Member forwards the case to OSI.

5. Implementation

• The Respondent is formally notified of the proposed Faculty Resolution by OSI, according to the communication guidelines in Section F-2.
• The Faculty resolution goes into effect upon delivery unless the Respondent requests within five (5) Business Days that the case be forwarded to OSI for investigation.

6. Hearing Participants and Attendees

• Student Conduct Panel hearings shall ordinarily be closed except for the Respondent(s), the Complainant(s), Advisor(s), and Witnesses. Exceptions may be made at the discretion of the Chair. Witnesses are allowed at the discretion of the Chair. The Chair may exclude any person, including the Respondent, who disrupts a hearing.
• A Respondent who fails to appear after proper notice will be deemed to have responded "Not Responsible" to the charges against him/her and to have exercised the right to remain silent without prejudice. At the discretion of the Chairperson the hearing may be conducted in the absence of the Student(s) and all the Information regarding the alleged misconduct shall be presented and considered.
• The Complainant(s) and Respondent(s) may be accompanied by an Advisor and up to two (2) family members. The Complainant(s) and/or Respondent(s) should select an Advisor who can attend the hearing at the scheduled date and time. Delays are not usually granted due to scheduling conflicts of an Advisor.
• Subject to the Chairperson’s control of the hearing, the Complainant(s), Respondent(s), and their Advisor(s), and up to two (2) family members may be allowed to attend the Student Conduct Panel hearing, but not Panel deliberations.
• In Student Conduct Panel hearings involving more than one Respondent, OSI may permit the Student Conduct Panel hearings concerning each Student to be conducted either separately or jointly.
• A maximum of two (2) character Witnesses will be allowed in a hearing.

7. Hearing Procedures for Student Panel

• The Chair shall exercise control over the proceedings to achieve orderly completion of the hearing.
• Advisors are restricted to private communications with their advisee(s). If the Advisor disrupts the hearing process, he/she may be asked to leave.
   
• All questions by the Complainant(s) and Respondent(s) must be directed to the Chairperson, rather than to the Witness directly. Questions of whether potential Information will be received shall be resolved at the discretion of the Chairperson.
   
• In addition to the Information provided by OSI, the Student Conduct Panel, at the discretion of the Chair, may accept additional pertinent information and testimony (including impact statements). Any letters of recommendation submitted by the Respondent will be admitted for consideration at the discretion of the Chair and, if admitted, will be viewed only during Panel deliberations.
   
• All procedural questions arising during the hearing are subject to the final decision of the Chair.
   
• The Student Conduct Panel’s standard of proof shall be a Preponderance of the Evidence.  Where the potential sanctions for the alleged misconduct may involve a suspension or expulsion, the Panel’s finding must be supported by Substantial Evidence.
   
• The Student Conduct Panel in consultation with OSI, may reasonably accommodate concerns for the personal safety and well-being of the Complainant(s), Respondent(s), and/or Witnesses during the hearing.
   
• The Student Conduct Panel shall make a recording of the proceeding, which will serve as the official record of the hearing. No other recording will be permitted. The Respondent or the Complainant may request a copy of the Institute's recording or may listen to the original recording in a location designated by OSI at no charge. The record shall be the property of the Institute and is subject to the Family Educational Rights and Privacy Act of 1974, 20 USC §1232g.

G. SANCTIONS

Sanctions are imposed only when the Respondent is found responsible for one (1) or more violations of the Policy. All Sanctions are officially recorded. A Respondent who is found responsible must be given one of the four (4) Sanctions, listed in Section G-1 in ascending order of severity. The Respondent may also be subject to one or more Supplementary Requirements. There is no requirement that a Student receive less severe sanctions before more severe sanctions; some conduct may warrant immediate expulsion.

In determining the severity of sanctions or corrective actions the following should be considered: the frequency, severity, and/or nature of the offense, history of past conduct, a Respondent’s willingness to accept responsibility, previous institutional response to similar conduct, strength of the evidence, and the wellbeing of the Institute community. The Institute will determine sanctions and issue notice of the same, as outlined above.

1. Sanction Descriptions

Disciplinary Warning
A disciplinary warning is a formal written notice that the Student, Group, or RSO has violated the Student Code of Conduct and that further violations may result in more serious disciplinary action. Students, Groups, or RSOs who receive a disciplinary warning are still considered in good standing with the Institute.

Disciplinary Probation
Disciplinary probation means there is a specified time period during which the Student, Group, or RSO is considered not in good standing with the Institute. Further violations during that time period may result in more serious disciplinary action, up to and including expulsion from the Institute.

Suspension
Suspension means a Student, Group, or RSO has been found responsible for violating the Institute’s Policy. Suspension is separation of the Student from the Institute for a specified period of time, after which the Student is eligible to return. Conditions for readmission may be specified by OSI or the Associate Vice President for Student Life & Dean of Students. A suspended Student shall immediately leave campus and may not re-enter campus without prior approval from the Associate Vice President for Student Life & Dean of Students. Students on suspension are not permitted to enroll in classes at the Institute during their suspension. OSI will determine when the Respondent has met the requirements for readmission. For an RSO, the Institute will withdraw recognition for the duration of the suspension. Any further disciplinary violation may result in disciplinary action up to and including Expulsion.

Expulsion
Expulsion means a Student, Group, or RSO has been found responsible for violating the Institute’s Policy. Expulsion is permanent separation and termination of the Respondent’s status as a Georgia Tech Student, and exclusion from Institute Premises, privileges, and activities. For an RSO, the Institute permanently withdraws recognition.

For suspension and expulsion, the Institute must articulate, in its written decision, the Substantial Evidence relied upon in determining that suspension or expulsion were appropriate.

 2. Supplementary Requirements

• Restitution: Payment to the Institute or to an affected party for damages resulting from a violation of the Code.
• Fine: A monetary penalty paid to the Institute.
• Grade Change: Change of grade for the course and/or coursework in which the academic misconduct occurred.
• Programmatic Requirements: Required completion of designated educational programs
  (e.g., alcohol, community issues, anger management, assessments, etc.).
• Restrictions: Exclusion from participation in specified services and activities.
• Revocation of Admission and/or Degree: Admission to, or a degree awarded from the Institute may be revoked for fraud, misrepresentation, or other violation of Institute standards obtaining the degree, or for other serious violations committed by a Student prior to graduation.
• Withholding Degree: The Institute may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all Sanctions and Supplementary Requirements, if any.
• Other Requirements may be imposed.

H. APPEAL PROCEDURES

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

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

1. Reasons for Appeal

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

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

2. Process

a. Effective date of sanctions

• If a case is appealed, sanctions are not imposed while the appeal is pending unless the welfare of a person or the community is threatened.
   
• Sanctions will be imposed if an appeal is not filed, the deadline for an appeal passes, or when an appeal decision has been finalized.

 b. Appeal to the Associate Vice President for Student Life & Dean of Students

• The appeal must be made in writing and must set forth one or more of the bases outlined above and must be submitted within five (5) Business Days of the date of the final written decision.
   
• The appeal shall be a review of the record only, and no new meeting with the Respondent or the Complainant will be held. The Associate Vice President for Student Life & Dean of Students, or their designee, may affirm the original finding and sanction; affirm the original finding but issue a new sanction of greater or lesser severity; remand the case back to the decision-maker to correct a procedural or factual defect; or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.
• The Associate Vice President for Student Life & Dean of Students or their designee shall then issue a decision in writing to the Respondent within a reasonable time period, ordinarily ten (10) Business Days. This is the final decision of the Institute, unless the sanction is suspension or expulsion.
• In cases where the Respondent has been expelled or suspended, the decision of the Associate Vice President for Student Life & Dean of Students may be appealed to the President or their designee solely on the three grounds set forth above.

c. Appeal to the President

• The appeal to the President or their designee must be made in writing, must set forth one or more of the bases outlined above, and must be submitted within five (5) Business Days of the date of the final written decision by the Associate Vice President for Student Life & Dean of Students. The President’s designee shall normally be the Vice President for Student Engagement and Well-Being, unless there is a conflict of interest or the Vice President for Student Engagement and Well-Being is otherwise unavailable.
• The appeal shall be a review of the record only, and no new meeting with the Respondent or the Complainant (where applicable) will be held.
• The President or their designee may affirm the original finding and sanction; affirm the original finding but issue a new sanction of greater or lesser severity, remand the case back to any lower decision maker to correct a procedural or factual defect; or reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand. The President or their designee's decision shall be issued in writing to the parties within a reasonable time period, ordinarily within ten (10) Business Days. The President or their designee's decision shall be the final decision of the Institute.

3. Appeal Decisions
Decisions of the Appellate Officer go into effect immediately. Appeals received after the designated deadlines will not be considered unless the Institute or Board of Regents has granted an extension prior to the deadline. If an appeal is not received by the deadline the last decision on the matter will become final.

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

I. RECORD KEEPING AND RELEASE OF INFORMATION

1. Retention of Student Conduct Records
Georgia Tech retains student conduct records in accordance with USG Records Retention Schedules.

2. Release of Information
Student disciplinary files shall be governed by the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g.

a. Academic or non-academic misconduct resulting in expulsion may be released to third parties indefinitely.
b. Academic misconduct that resulted in suspension may be released to third parties for five years after sanction completion.
c. Any non-academic misconduct that resulted in suspension where a potential threat to the campus community exists (including but not limited to illegal drug distribution, endangering or harming any person, or jeopardizing the safety of any person) may be released to third parties for five years after sanction completion. In instances of suspension where no threat to the community is identified, the suspension may be reported until the sanction is complete.
d. Any academic or non-academic misconduct that did not result in suspension or expulsion is not released to third parties.
e. The Institute requires a specific written request from the student to release the entire disciplinary record to third parties.

3. Parent/Legal Guardian Notification
Parents/Legal Guardians of Students under the age of 21 may be notified when a Student is found responsible for violating the Georgia Tech Student Policy on Alcohol and other Drugs when any of the following occur:

a. A Student endangers themselves or others while under the influence of alcohol or other substances. Specific instances include driving under the influence, fighting, alcohol poisoning, and hospitalization.
b. The Associate Vice President for Student Life & Dean of Students determines that any future violation of Institute Policy will most likely result in suspension from the Institute.
c. A Student Conduct Administrator determines that any future violation of Institute Policy will likely result in removal from housing.

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

J. REFERENCES

Academic Honor Code:  www.honor.gatech.edu
Board of Regents: www.usg.edu/policymanual/
Computer Use and Network Policy: www.security.gatech.edu
Department of Housing:  www.housing.gatech.edu
Faculty Senate: www.Facultysenate.gatech.edu

Office of the Associate Vice President for Student Life & Dean of Students:
www.studentlife.gatech.edu/
Office of Student Integrity:  www.osi.gatech.edu
Title IX Information: https://titleix.gatech.edu/
Fraternity & Sorority Life Hazing Statement: https://greek.gatech.edu/content/hazing-statement

The following policies can be found on the OSI website:
Alcohol and Drug Policy
Sexual Misconduct Policy
Good Samaritan/Medical Amnesty Provision