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Kennesaw State University    
 
    
 
  Nov 21, 2017
 
2008-2009 Graduate Catalog [ARCHIVED CATALOG]

Statement of Student Rights and Responsibilities


 

Preface

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Students of Kennesaw State University are guaranteed all of the rights, privileges and freedoms granted to a citizen of the United States. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at Kennesaw State University assume a responsibility to abide by the policies and regulations expressed in this Statement of Student Rights and Responsibilities. By doing so, students may fulfill their responsibilities and enjoy the exercise of their own rights while also respecting the rights of others.

Interpersonal Relations and Non-Discrimination Position Statements and Policies

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Kennesaw State University, a member of the University System of Georgia, does not discriminate on the basis of race, color, religion, age, sex, national origin, disability, or sexual orientation in employment or provision of services.

Intellectual Diversity and Interpersonal Relations Position Statement

Kennesaw State University is an educational community comprised of individuals from different ethnic, racial and religious groups and of different genders, political beliefs, ages, abilities and sexual orientations. In light of this diversity, Kennesaw State University is resolved to contribute to the development of an integrated, pluralistic society in which individuals model and support humaneness and respect for the individual.

Kennesaw State University is committed to a diversity of intellectual viewpoints. We trust in a genuine free marketplace of ideas where faculty and students are encouraged to express their considered opinions openly. We further believe that this intellectual exchange is healthy, democratic, and produces new insights. The exchange of ideas is also a splendid means of encouraging “critical thinking” as long as it is conducted within an atmosphere that respects the dignity of all concerned.

The University is also committed to providing quality education, which is enhanced by the perspectives provided by individuals and groups with varying backgrounds and views. Racism, sexism and other discriminatory attitudes and behaviors impede learning and working. Conversely, respect for differences enhances educational and work experiences. Kennesaw State University is dedicated to creating an environment that cherishes and nourishes this diversity.

KSU Diversity Vision Statement

It is our vision to create a strong multicultural and diverse educational environment at KSU in order to increase student satisfaction and to promote an understanding and awareness of people from various backgrounds upon graduation. In this way, KSU students will be educated for, and can effectively compete in the global society.

Americans with Disabilities Act (ADA)

Kennesaw State University does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.

The Americans with Disabilities Act (ADA), Public Law 101-336, gives civil rights protections to individuals with disabilities. This statute guarantees equal opportunity for this protected group in the areas of public accommodations, employment, transportation, state and local government services and telecommunications.

Qualified individuals with disabilities are encouraged to apply for employment opportunities with the University. Individuals with disabilities who require reasonable accommodation to participate in any portion of the application, interview and/or testing process must advise the University’s Department of Human Resources in advance. Upon request, applicants must provide documentation confirming a disability and the need for an accommodation. Advance requests for reasonable accommodation(s) should be directed to the Director of Human Resources. The office telephone number is (770) 423-6030 V/TDD. The FAX number is (770) 423-6570. The Web address for employment opportunities is http://www.kennesaw.edu/hr

The following individuals have been designated by the President of the University to provide assistance and ensure compliance with the ADA. Should you require assistance or have further questions about the ADA, please contact either the ADA Compliance Officer for Students at (770) 423-6443; the ADA Compliance Officer for Facilities at (770) 423-6224; or the Director of Human Resources, ADA Compliance Officer for staff and faculty at (770) 423-6030.

Kennesaw State University Policy on Accessibility in Facilities, Programs and Employment

Kennesaw State University is committed to providing accessibility to all individuals, regardless of disability. As a recipient of federal funds, KSU has maintained compliance with Section 504 of the Rehabilitation Act of 1973 in providing accessibility to programs and services for students with disabilities. The Americans with Disabilities Act of 1990 has expanded the accessibility requirements to include employment, public accommodations and telecommunications accessibility.

The University’s ADA response team includes the Director of Human Resources, the Director of Plant Operations, and the Assistant Director for Disabled Student Services. The team has promoted compliance with the Americans with Disabilities Act through training of supervisors in hiring and employment practices, conducting a campus facilities survey to determine physical accessibility and purchasing, and placement of telecommunication devices for the deaf in primary offices around campus. Students who require accommodation in facilities, services, or programs should contact the Assistant Director for Disabled Student Services to arrange an individual assistance plan.

Accommodation may include classroom accessibility, modified computer equipment, handicap parking, assistance with note-taking, sign language interpreting services, class materials in alternate format, library and laboratory assistance, and other accommodations. Determination of appropriate accommodations to be provided will be based upon documentation of the extent of disability.

Offices which may be contacted by means of a telecommunication device for the deaf (TDD) include Admissions, Registrar, CAPS Center, Continuing Education, Sturgis Library, Bursar’s office, Human Resources, Public Safety, the disabled student support services office and the central operator.

Acquired Immune Deficiency Syndrome (AIDS) Policy

Kennesaw State University shall provide academic programs, support services, and social /recreational programs to all eligible individuals, regardless of their disability. In the event that an employee or student is (or becomes) HIV (human immunodeficiency virus) positive, that individual shall retain his/her right to these programs, services and activities. All actions taken by Kennesaw State University will comply with the laws pertaining to public health practices and the rights of individuals to privacy and confidentiality. Instances that arise will be handled individually to provide maximum support to any member of the faculty, the administration, the staff or the student body who is HIV positive.

Sexual Harassment

Kennesaw State University follows the established policy on sexual harassment of the Board of Regents of the University System of Georgia. That policy (802-18 in the Regents’ Policy Manual) is as follows: Federal law provides that it shall be an unlawful discriminatory practice for any employer, because of the sex of any person, to discharge without cause, to refuse to hire, or otherwise discriminate against any person with respect to any matter directly or indirectly related to employment or academic standing. Harassment of an employee on the basis of sex violates this federal law. Sexual harassment of employees or students in the University System is prohibited and shall subject the offender to dismissal or other sanctions after compliance with procedural due process. Unwelcome sexual advancements, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment. Sexual harassment can occur in situations where one person has power over another, but it can also occur between equals. Both men and women can be sexually harassed, though women are most often victimized. A relationship between a faculty member and a student should be considered one of professional and client in which sexual relationships are inappropriate.

Procedures for Handling Complaints of Sexual Harassment

Informal Resolution

Early efforts to control a potential harassment situation are very important. Sometimes an individual can stop sexual harassment by telling the person directly that he/she is uncomfortable with the person’s behavior and would like it to stop. Writing a letter to the person can also be effective.

Formal Complaints and Grievances

Formal complaints of sexual harassment by students against faculty or staff will be resolved according to established grievance procedures (see Grievance Procedures for Students- Grievance Procedure for Discrimination, Harassment, and Retaliation in this catalog). Sexual harassment is a form of sexual discrimination. A formal complaint of sexual harassment by one student against another student will be resolved through the student judiciary process (contact the Director of Judiciary Programs at 770-499-3403).

President’s Statement on Sexual Harassment

“The mission of Kennesaw State University is to provide a learning environment in which all members of the University community are free to pursue their professional and personal goals. Sexual harassment is not only illegal, but an intolerable interference with the attainment of our mutual goals. Unwelcome sexual advances and conduct seriously damage the learning and work climate, and it is the University’s intention to protect our environment from such abuses. Resolution of complaints of sexually harassing behavior should be attained as informally as possible, but in the absence of that cooperation, we will enforce our policies to the fullest, up to and including dismissal.”

KSU Freedom of Assembly and Expression

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Kennesaw State University recognizes and upholds First Amendment Rights of Freedom of Speech and Assembly. Demonstrations and assemblies can be valid expressions for dissenting opinions provided they do not disrupt academic and administrative functions of the institution. The opinions expressed by organizations, groups or individuals using Kennesaw State University’s facilities do not necessarily reflect the position of Kennesaw State University. Kennesaw State University affirms its commitment to the freedom of speech, assembly and expression even though the language or ideas of those seeking a venue for free expression may contradict university ideals and policies or the personal views of university employees and students. The institution expects members of the faculty, staff, and student body to refrain from, and discourage, behaviors that threaten the rights, freedoms and respect every individual deserves.

Administrative procedures and guidelines pertaining to Freedom of Assembly and Expression are detailed in the KSU Student Handbook.

Rights Pertaining to Student Records

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The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

  1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official,a written request that identifies the record(s) the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
     
  2. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the University to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
     
  3. The right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance com-mittee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.

    Note: Directory information may be released by the university without the student’s written consent. Directory information consists of name, address, telephone number, major, advisor, holds, participation in recognized activities and sports, weight and height of athletic participants, dates of attendance and degrees received. Students may deny the release of directory information by requesting in writing to the registrar that such information not be released each semester they are enrolled. However, requests that directory information be withheld from a written publication must be received in sufficient time to prevent a delay in processing that publication.
     
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202-5901

Types of Educational Records and Officials Responsible for Their Maintenance

The following are lists of student records and the officials responsible for their maintenance. Access to these records will be made available to students upon individual written requests. Such requests must be addressed to the official responsible for the maintenance of the record.

Director of Admissions

Application for Admission
Application Processing Fee
High School, College, and University Transcripts
University Entrance Exam SAT or ACT Scores
General Equivalency Development (GED) Examination Scores
GRE and GMAT Examination Test Scores
International Admission Documents, TOEFL

Director of Student Financial Aid

Loan Processing Request
Financial Aid Application
Award Notification

Chair of University Studies

University Placement Examination Scores (Placement and Exit)
International Regents’ Test

Registrar

University Level Examination Program Scores
Grades and Academic Standing Status
Petition for a Degree
Regents’ Test Results and Tracking
Georgia and U.S. History and Constitution Test Results
Registration Information—Enrollment Data
Veterans’ Records
Rules and Regulations

Director of Counseling and Advising Program Services (CAPS)

Individual Standardized Tests
Georgia and U.S. History & Constitution Test Results
CLEP Tests
ISAT Tests
COMPASS Exam

Vice President for Student Success and Enrollment Services

Letters of Recommendation

Director of Judiciary Programs

Discipline Files

Health Clinic

Health Insurance Brochures

Student Code of Conduct

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I. Preamble

Students of Kennesaw State University are guaranteed all of the rights, privileges and freedoms granted to a citizen of the United States. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at Kennesaw State University assume a responsibility to abide by the University’s student conduct regulations, just as they assume a citizen’s responsibility to abide by federal, state and local laws. Violation of statutory laws or of the University student conduct regulations or specific departmental rules may lead to disciplinary action(s) by Kennesaw State University. By adhering to these policies and regulations students can fulfill their responsibilities and enjoy the exercise of their own rights while also respecting the rights of others.

II. Academic Honesty

The high quality of education at Kennesaw State University is reflected in the credits and degrees its students earn. The protection of these high standards is crucial since the validity and equity of the University’s grades and degrees depend upon it. Any student found to have violated any KSU academic honesty regulation after a hearing before a University court panel or before the Vice President for Student Success and Enrollment Services (or his/her designee) shall be suspended for at least one semester, unless the student persuades the deciding body that the circumstances of his or her behavior substantially mitigate the gravity of the violation. These regulations are designed to assist students in (1) developing appropriate attitudes about, and (2) understanding and following the university’s standards relating to academic honesty. The regulations protect students by helping them avoid committing infractions that may compromise the completion of their KSU degrees or damage their reputations.

A. Plagiarism and Cheating

No student shall receive, attempt to receive, knowingly give or attempt to give unauthorized assistance in the preparation of any work required to be submitted for credit as part of a course (including examinations, laboratory reports, essays, themes, term papers, etc.). When direct quotations are used, they should be indicated, and when the ideas, theories, data, figures, graphs, programs, electronic based information or illustrations of someone other than the student are incorporated into a paper or used in a project, they should be duly acknowledged.

B. Unauthorized Access to Official University Materials

No student shall take or attempt to take, steal or in any unauthorized manner otherwise procure, gain access to, alter or destroy any material pertaining to the conduct of a class (including tests, examinations, grade change forms, grade rolls, roll books, laboratory equipment, University grade records in written or computerized form, etc.).

C. Misrepresentation, Falsification of University Records or Academic Work

No student shall knowingly provide false information in completing university forms or applications (including admissions forms, scholarship applications, time sheets, use of false or counterfeit transcripts, etc.) or in any work submitted for credit as part of a course.

D. Malicious Removal, Retention, or Destruction of Library Materials

No student shall misplace, take, or destroy or attempt to misplace, take or destroy any item or part of an item belonging to or in the protection of the university library with the intention of bringing about an undue disadvantage in the classroom work of other Kennesaw State University students.

E. Malicious/Intentional Misuse of Computer Facilities and/or Services

The malicious or intentional misuse of computer facilities and services is prohibited. Violation of state and federal laws (including copyright violations, unauthorized access to systems, alteration/damage/destruction, or attempted alteration/damage/destruction, use for profit, etc.) or a department’s rules for computer usage (including account violations, damage, or destruction of the system and/or its performance, unauthorized copying of electronic information, use of threatening or obscene language, etc.) is prohibited.

F. Student Identification Cards

  1. Lending, selling, or otherwise transferring a student identification card is prohibited, as is the use of an identification card by anyone other than its original owner.
  2. No student shall obtain under false pretenses any additional student identification cards.
  3. A student must present proper credentials to properly identified university faculty and staff upon their request while these persons are in the performance of their duties.

G. Revisions of Academic Honesty Regulations

Any student, faculty member or administrator can initiate any revision of, additions to and deletions from these Academic Honesty Conduct Regulations. Recommendations shall be submitted to the vice president for student success and enrollment services. The vice president, in consultation with appropriate parties, shall ensure discussion on the proposed change. When all parties have had an opportunity to comment on the proposal, the vice president shall forward all recommendations to the university senate. The senate, in turn, shall send its recommendations with comments to the Kennesaw State University president and cabinet.

III. Disruption of Campus Life

It is the purpose of the institution to provide a campus environment which encourages academic accomplishment, personal growth, and a spirit of understanding and cooperation. An important part of maintaining such an environment is the commitment to protect the health and safety of every member of the campus community. Belligerent, abusive, profane, threatening and/or inappropriate behavior on the part of students is a violation of the Kennesaw State University Student Conduct Regulations. Students who are found responsible for such misconduct may be subject to immediate dismissal from the institution. In addition, university disciplinary proceedings may be instituted against a student charged with a violation of a law which is also a violation of this student code without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this student code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

A. Disorderly Assembly

No students shall assemble on the campus for the purpose of creating a riot, or destructive or disorderly diversion, or obstructing or disrupting the normal operation of the university, including any teaching, administrative, disciplinary or public service activity, or any other activity authorized to take place on the campus.

B. Disruptive and Dangerous Conduct

No student shall act in a manner that can reasonably be expected to disturb the academic pursuits of others or infringe upon the privacy, rights, or privileges of others, or the health or safety of him/herself or other persons.

C. Disruptive Speech

That speech is prohibited which: a) presents an immediate or imminent clear and present danger, b) is disruptive to the academic functioning of the institution, or c) constitutes a threat against an individual(s) such that it would provoke that individual(s) to imminent violent reaction.

D. Physical Attack

Physical attack on or in university property or at functions sponsored by the University or any registered university organization is prohibited.

E. Sexual Harassment/Assault

No student shall subject another person to unwelcome sexual overtures or conduct, either verbal or physical.

F. Theft or Damage of Personal Property

No student shall take, sell or attempt to take or sell, damage or destroy any items belonging to students, faculty, staff, guests of the university, or student groups without proper authorization. Nor shall any student make or attempt to make unauthorized use of the property of any other person or organization while on the KSU campus. Sale of a textbook or other item that is not one’s own will be regarded as prima facie evidence of theft. Items should be turned in to a Lost and Found area.

G. Theft or Damage of University Property

The taking of or malicious, unwarranted, or irresponsible destruction or damaging of items of university property (including library items), items rented, leased, or placed on the campus at the request of the institution, or items belonging to the students, faculty, staff, guests of the university, or student groups or organizations is prohibited.

H. Possession of Weapons or Fireworks

Students are prohibited from possessing fireworks, firearms or other weapons on university property or at university sponsored events, except with the specific permission of the Department of Campus Safety and Security. Peace officers recognized by the State of Georgia are exempt from this firearms regulation.

I. Unauthorized Entry or Use of University Facilities

No student shall make or attempt to make unauthorized entry or use of any university building or facility including electronic data processing systems or personal electronic accounts/files. Upon appropriate notice by university officials, authorization for the use of University facilities can be withdrawn or otherwise restricted. The malicious or intentional misuse of computer facilities and services is prohibited. Violations of state and federal laws (including copyright violations, unauthorized access or systems, alteration/damage/destruction, or attempted alteration/damage/destruction, use for profit, etc.) or a department’s rules for computer usage (including account violations, damage or destruction of the system and/or its performance, unauthorized copying of electronic information, use of threatening of obscene language, etc.) are prohibited.

J. Fire Safety and False Alarms

  1. No student shall tamper with fire safety equipment.
  2. No student shall set or cause to be set any unauthorized fire in or on University property.
  3. No student shall make, or cause to be made, a false fire alarm or a false notification of the presence of a bomb.
  4. All occupants of a building must leave the building when the fire alarm sounds or when directed to leave by properly identified University faculty or staff while these persons are in the performance of their duties.

K. Littering and Sanitation

  1. No student shall dispose of trash and refuse of any kind except in proper trash receptacles.
  2. Food and drink are prohibited in designated areas of the University, including classrooms.
  3. No student shall in any way dispose of tobacco products in trash receptacles in or on University property.

L. Kennesaw State University Is a Smoke-Free Environment

Smoking is prohibited on KSU campus except in areas specifically designated for smoking.

M. Gambling Is Strictly Prohibited

N. Raffles

Raffles may be held by student organizations. Raffles will be treated as any other fund-raising activity and will be subject to fund-raising guidelines.

O. Advertising, Selling, and Fund-raising

No student or group of students acting in a representational capacity for Kennesaw State University shall carry out any form of sales (including bartering) or fund-raising events, or advertise sales or fund-raising events, without the authorization of the university president or a designated representative of the university president.

P. Campus Elections

No student shall carry out fraudulent and/or disruptive activity in connection with any election, referendum or poll conducted on the university campus.

Q. Shared Responsibility

Persons who knowingly act in concert to violate university regulations may be given joint responsibility for such violation. Students are responsible for their conduct on or in university property or at functions sponsored by the University or any registered university organization.

R. Residential Code of Conduct Violations

A violation of the residential code of conduct is also a violation of this student code of conduct. The procedures for a student to file a charge against another student for a violation of the residential code can be found in section XII (entitled Enforcement and Grievances) of the residential code of conduct.

IV. Financial Responsibility

A. Financial Responsibility

Students are required to meet all financial obligations to the university.

B. Use of Student Activities Funds

To use student activities funds, student organizations must follow guidelines set by the institution.

V. Use and Possession of Drugs, Including Alcohol

Use or possession of drugs (controlled substances) or both is prohibited.

  1. Kennesaw State University expressly prohibits the use, possession, sale or distribution of alcoholic beverages on campus by any campus constituency. Alcoholic beverages may be served at off-campus activities to adults of legal drinking age for the state in which the activity is being held, providing that a responsible organization representative acknowledges responsibility for monitoring alcohol consumption. Student activity funds or institutional funds may not be used for the purchase of alcoholic beverages. Kennesaw State University is committed to recognizing, upholding and enforcing the laws of the State of Georgia. Violation of those state laws shall not be condoned on the campus or at any activity held off campus by any constituency. Exceptions to the policy of no alcohol on campus may from time to time be permitted at the discretion of the president , and there are other limited exceptions to this policy within the residence halls by those over the age of 21. See section I of the residential code of conduct.
  2. All student organizations must submit an “Acknowledgment of Alcohol Policy” form to the vice president for student success and enrollment services during the first week of classes each fall semester and each time there is a change in either the president or advisor of the organization. By their signatures, the president and advisor are assuring Kennesaw State University that they and the individuals responsible for the group’s social events understand the Kennesaw State University Alcohol Policy and state laws regarding the service and consumption of alcoholic beverages.
  3. Alcoholic beverages will be allowed only for functions at which alcohol is not the focal point, reason for, or the “drawing card” for the event. Organizations choosing to advertise the service of alcoholic beverages at functions will not make reference to the quantity of or overindulgence in alcoholic beverages. Reference will also be made to serving of food and alternative beverages, and the checking of driver’s licenses.
  4. Any activity (especially those competitive in nature) contributing to the overindulgence of alcohol is, by these guidelines, prohibited.
  5. Any violation of this policy at any organization activity shall be reported to the vice president for student success and enrollment services by the designated monitor(s) verbally with 24 hours of returning to campus and followed by a written report within three working days. The Kennesaw State University police shall report any violation of this policy, whether at an activity or on an individual basis, to the vice president for student success and enrollment services, who shall then be responsible for disciplinary action according to established University non-academic disciplinary procedures. Possible sanctions shall be the same as those for other violations of nonacademic University rules and regulations as provided for in the University Student Code of Conduct.

VI. Jurisdiction of the University Code of Conduct

Generally, KSU’s jurisdiction and discipline shall be limited to conduct which occurs on university premises, university housing, and contiguous areas such as streets and side walks. Nevertheless, the university reserves the right to extend its jurisdiction and discipline to KSU students whose off-campus conduct violates the university’s student code of conduct and adversely affects the KSU community or the pursuit of its objectives.

In addition, the following regulations apply to off-campus activities including outings or field trips for classes of Kennesaw State University, off-campus University athletic events, study abroad programs, co-ops, internships, or any officially sanctioned off-campus activity such as those under the auspices of a Kennesaw State University class, an officially recognized University organization, or a Kennesaw State University group or organization that is seeking official University recognition.

The following regulations apply to off-campus activities including outings or field trips for classes of Kennesaw State University, off-campus University athletic events, any officially sanctioned off-campus activity such as those under the auspices of a Kennesaw State University class, an officially recognized University organization, or a Kennesaw State University group or organization that is seeking
official University recognition.

  1. Students involved in off-campus activities shall not act in a disorderly or disruptive fashion, nor shall they conduct any dangerous activity.
  2. Students involved in off-campus activities shall not take, damage, destroy or attempt to take, damage or destroy property of another.
  3. Use and possession of Drugs, including alcohol: Use and/or possession of drugs (controlled substances) is prohibited. Alcohol regulations appear in Section V of this code.

VII. Organizations

A student organization is subject to the authority of the Court in the following situations:

  • An alleged offense was committed by one or more members of an organization, and was sanctioned by the officers.
  • An alleged offense was committed by one or more members of an organization and organization funds were used to finance the venture.
  • An alleged offense was committed by one or more members of an organization and was supported by a majority of the organization’s membership.
  • An organization has chosen to protect one or more individual offenders who were members or guests of the organization.
  • The court, after hearing the case, deems that the offense, by its nature, was an organization offense and not the action(s) of the individual members.
  • An alleged offense occurred as a result of an organization sponsored function.

A. Disorderly or Disruptive Assembly

Assembly for the purpose of or resulting in the disruption of normal university or community activity, or which obstructs the normal activities of university faculty or staff, is prohibited.

B. Use of Alcohol or Other Drugs

Use and/or possession of drugs (controlled substances) is prohibited. Alcohol regulations appear in Section V of this code.

C. Hazing

Hazing in any form is prohibited. Hazing is defined as follows: Any action taken, or situation intentionally created, on or off the premises of the university, to produce mental or physical discomfort, embarrassment, harassment, ridicule or suffering as a means to gain entry into an organization. These activities include, but are not necessarily restricted to, paddling in any form; creating excessive fatigue; physical or psychological shocks; wearing, in public, apparel that is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and/or any other activities not consistent with the regulations of Kennesaw State University.

D. Theft and Disregard for Property

  1. Unauthorized taking, attempted taking, or possession of items belonging to an individual, the university, the community, or another university or student organization is prohibited.
  2. Unauthorized use or attempted use of service (e.g., telephone, computer services, etc.) belonging to the university, the community, another student organization, or an individual is prohibited.

E. Unauthorized Entry

Unauthorized entry, attempted entry, or use of university or community facilities is prohibited.

F. Fire Safety

Use of fireworks or creation of a fire without the specific permission of the KSU Police is prohibited.

G. Academic Honesty

Maintaining files of examinations, tests, reports, or term papers is prohibited.

H. Official Recognition

All student groups and organizations shall follow the appropriate procedures, as set forward by the Office of the vice president for student success and enrollment services, to become officially recognized Kennesaw State University student organizations.

I. Gambling Is Strictly Prohibited

J. Raffles

Raffles may be held by student organizations. Raffles will be treated as any other fund-raising activity and will be subject to fund-raising guidelines.

K. Sales, Fund-raising and Advertising

Unauthorized selling of any kind (including bartering), unauthorized fund-raising, and unauthorized advertising of fund-raising or any other type of event is prohibited. Organizations shall follow the guidelines set down by the Office of the Vice President for Student Success and Enrollment Services for all such activities.

L. Proper Planning

Organizations shall be able to demonstrate that they have taken due measures to properly plan for any activities or events held on or off the university campus.

  1. All such events and activities must be registered with and approved by the Office of the Vice President for Student Success and Enrollment Services for approval at least two weeks prior to holding the event.
  2. Reasonable measures shall be taken to ensure appropriate parking, security, safety and sanitary procedures for any activity or event.
  3. Organizations shall adhere to specified time limits for any activity or event.
  4. Holding events or activities not sanctioned or approved by the Office of the Vice President for Student Success and Enrollment Services is prohibited.

M. Shared Responsibility

Student organizations are responsible at all times for organizational violations of the university student conduct regulations by their members or their guests. Organization members who knowingly act in concert to violate the regulations may be held jointly responsible with their organization for such violations. Organizations that knowingly condone, encourage, or require behavior that violates university regulations may be held jointly responsible for such violations.

VIII. Contempt and False Statements Under Oath

  1. All students shall fully comply with the instructions of the courts of the Kennesaw State University Judiciary.
  2. No student shall make a false statement while under oath in a university disciplinary hearing.
  3. No student shall disrupt the proceedings of the Kennesaw State University Judiciary, behave in a manner which in intended to lessen the authority or dignity of the Kennesaw State Judiciary, or otherwise obstruct justice on the campus.
  4. All students are expected to serve as witnesses when summoned by the Kennesaw State University Judiciary unless excused by the vice president of student success and enrollment services.

IX. Revisions of the KSU Code of Conduct excluding those pertaining to Academic Honesty

Any student, faculty member, or administrator can initiate any revisions, additions, or deletions from the Student Campus Code of Conduct Regulations. Recommendations shall be submitted to the acting student government president. The student government president shall ensure discussion on the proposed change in the student government senate. When the student government senate has decided on an official recommendation to comment on the proposal, the student government president shall forward all recommendations with comments to the vice president for student success and enrollment services no later than 90 days from the date of the initial proposal. In the event that 90 days should expire without a recommendation being given to the vice president for student success and enrollment services, the proposal shall be passed directly to the vice president’s office for consideration and deliberation. The student government president, upon delivering the recommendation to the vice president’s office, shall also forward copies to the director of judiciary programs and the chair of the university senate. The university senate shall be afforded the option of passing a motion from that body which either approves or disapproves of the entire recommended change, and this official motion shall be delivered to the president of the student government and the vice president for student success and enrollment services in a recommendation capacity. The university senate shall have no more than 40 days from which the chair is notified to approve said motion. The vice president, in turn, shall either accept or reject the student government’s recommendations. If the recommendation is accepted, the vice president shall distribute the recommendation with comments to the university president and cabinet.

X. Disciplinary Measures

A. For students

  1. Expulsion: permanent severance of one’s relationship with the university.
  2. Probated expulsion: further convictions of major offenses, as specified by the court, shall result in expulsion.
  3. Suspension: temporary severance of one’s relationship with the university.
  4. Probated suspension: notice to the student that further convictions of major offenses, as specified by the court, shall result in suspension.
  5. Disciplinary probation: notice to the student that any further major disciplinary violation may result in suspension; this action might also include one or more of the following: the setting of restrictions on social activities, the issuing of a reprimand, and restitution.
  6. Restrictions: exclusion from enjoying or participating in social activities or from holding office in university organizations.
  7. Reprimand: Oral reprimand: an oral disapproval issued to the student. Written reprimand: a written disapproval issued to the student.
  8. Restitution: reimbursement for damage or misappropriation of property; this may take the form of appropriate service or other compensation.
  9. Community service: assignment to work a specific number of hours at a community service agency.
  10. Ethics Training: for violation of the academic honesty code, assignment to Ethics Training will be in addition to and following the prescribed suspension period. For other violations, ethics training may be assigned by the hearing panel, by the vice president for student success and enrollment services, or his/her designated representative.
  11. Other Remedies: as Imposed by the vice president of student success and enrollment services or his/her designated representatives.

B. For Student Organizations

  1. Includes disciplinary sanctions 7, 8, 9, 10, and 11 listed above.
  2. Suspension of the organization’s registration with student activities.
  3. Probated suspension of the organization’s registration with student activities.
  4. Revocation of the organization’s registration with student activities.

C. Academic Dishonesty

Any accused student found to have violated KSU regulations concerning academic honesty by a Judiciary hearing before university court or before the vice president for student success and enrollment services, or his/her designee, shall be suspended for at least one semester unless he/she has convinced the hearing body that there exist substantial mitigating circumstances to his/her offense. The appropriate grade to be assigned in the case of academic dishonesty is the responsibility of the faculty.

D. Interim Suspension

Interim suspension measures may be employed against a student by the vice president for student success and enrollment services when the vice president for student success and enrollment services, or his/her designated representative, shall determine, based on clear and convincing evidence, that the student has engaged, or threatens to engage, in behavior which:

  1. is seriously disruptive or significantly impedes the normal activities or academic endeavors of others, or
  2. poses an immediate significant threat of physical danger to others, or
  3. poses an immediate significant threat of danger to him/herself, and such threat is of such a serious nature that it must be handled more expeditiously than the university judiciary procedures allow.

Interim suspension may include any or all of the following:

  1. restriction from participation in any academic course, program, or activity;
  2. restriction from participation in any student activity on or off campus;
  3. restriction from use of any or all University facilities, including the library, labs, or offices;
  4. restriction from entering the campus or any designated portion thereof.

In such instances, the process outlined for interim suspension in the university judiciary procedures shall be followed.

Handling Student Code of Conduct Violations at KSU

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Kennesaw State University’s Student Code of Conduct, Judiciary Policies and Procedures, suspension policies, and campus police are organized in ways to preserve and protect the health, safety and academic integrity of the campus community, as noted in the following policies and procedures. In general, the University Judiciary Program handles all charges against students which involve alleged violations of the Kennesaw State University Student Code of Conduct, including allegations of academic misconduct and disruptive behavior. In addition, the KSU police may become involved with incidents of disruptive behavior.

Faculty, staff and/or students who are witnesses to or victims of incidents of alleged violations of the Student Code of Conduct should immediately contact the University Judiciary Office and submit the proper documentation. The university judicial officer will conduct a preliminary investigation and advise as to the appropriate course of action in each situation. Incidents of misconduct may be subjected to mediation, or negotiation, if appropriate, prior to the formal hearing process.

A person bringing charges against a student for alleged violations of the Code of Conduct is expected to fully cooperate with the judiciary policies and procedures, which includes participation in investigations related to the charges and in the hearing process. Once a university court hearing date is set, both the accuser and the accused student will have the option of obtaining an advisor from the judiciary panel to assist in the preparation and presentation of their case. A detailed description of the hearing process is found at the Judiciary policies and procedures Web site, http://www.kennesaw.edu/judiciary/procedur.shtml

I. Academic Misconduct

Academic misconduct is defined in Section II of the Kennesaw State University Student Code of Conduct. Procedures for addressing and reporting incidents of academic misconduct can be found in the Judiciary Policies and Procedures, as well as the Faculty/Staff Guide to Addressing Student Conduct Issues. The University’s policies include procedures for both handling informal resolutions of academic misconduct, and filing formal charges with the Office of Judiciary Programs, which will result in a hearing.

In either situation, whether the matter is handled informally or forwarded to the judiciary for handling, the faculty member should document the incident on an Academic Misconduct Incident Report form, and forward this information to the university judiciary officer. Incident reports which are submitted to the Office of Judiciary Programs will not be released without the written consent of the student, in accordance with the Family Educational Rights and Privacy Act.

Under the informal procedure, a faculty member who has evidence that a student has committed academic misconduct may elect to resolve the issue within the confines of the class, if the student readily admits to the misconduct, without coercion or intimidation. The faculty member must first meet with the student to explain and discuss the allegations of misconduct. If the student admits the misconduct, and declines a judiciary hearing, the faculty member may assign an appropriate sanction. Informal sanctions may include additional academic work for the class, grade reduction, a grade of “F” on the assignment or in the course, etc.

However, if the student denies the misconduct, or the student and faculty member cannot reach an informal agreement regarding an appropriate penalty, the misconduct should be reported to the judiciary program for a hearing. Academic misconduct, as determined by a judiciary hearing, carries a mandatory minimum suspension of one semester, unless substantial mitigating circumstances are proven.

II. Disruptive Behavior

It is the purpose of the University to provide a campus environment which encourages academic accomplishment, personal growth, and a spirit of understanding and cooperation. An important part of maintaining such an environment is the commitment to protect the health and safety of every member of the campus community. Belligerent, abusive, profane, threatening and/or inappropriate behavior on the part of students is a violation of the Kennesaw State University Student Code of Conduct. Students who are found in violation of the Code of Conduct may be subject to immediate dismissal from the University. In addition, those violations, which may constitute misdemeanor or felony violations of state or federal law, may also be subject to criminal action beyond the University disciplinary process.

Disruptive behavior includes, but is not limited to the following conduct (See the KSU Student Code of Conduct in the Kennesaw State University Handbook and Planner or the code of conduct on the judiciary Web site, http://www.kennesaw.edu/judiciary/code.conduct.shtml for additional categories of unacceptable student conduct.):

  1. Disorderly Assembly
    No student shall assemble on the campus for the purpose of creating a riot, or destructive or disorderly diversion, or obstructing or disrupting the normal operation of the University (including any teaching, administrative, disciplinary, or public service activity, or any other activity authorized to take place on the campus).
  2. Disruptive and/or Dangerous Conduct
    No student shall act in a manner which can reasonably be expected to disturb the academic pursuits of others or infringe upon the privacy, rights or privileges of others, or the health or safety of him/herself or other persons.
  3. Disruptive Speech
    That speech is prohibited which: a) presents an immediate or imminent clear and present danger, b) is disruptive to the academic functioning of the institution, or c) constitutes a threat against an individual(s) such that it would provoke that individual(s) to imminent violent reaction.
  4. Physical Attack
    Physical attack on or in University property or at functions sponsored by the University or any registered university organization, is at any time prohibited.

A faculty member is responsible for maintaining discipline in the classroom setting, to the extent that all students in that class have an opportunity to participate in the learning process. Free exchange of ideas through appropriate dialogue is a necessary and important room, other areas of the campus provide support services which are also important to the total learning process. Sometimes a faculty or staff member may be confronted with a situation where the conduct of a particular student or students is inappropriate in that it impedes the natural and necessary learning process. The faculty or staff member must then determine whether the situation is disruptive but not imminently dangerous, or both disruptive and imminently dangerous to the health and safety of others. part of the learning process. Outside the classroom, other areas of the campus provide support services which are also important to the total learning process. Sometimes a faculty or staff member may be confronted with a situation where the conduct of a particular student or students is inappropriate in that it impedes the natural and necessary learning process. The faculty or staff member must then determine whether the situation is disruptive but not imminently dangerous, or both disruptive and imminently dangerous to the health and safety of others.

If the situation is not imminently dangerous, the faculty or staff member may control the immediate situation by requiring the student(s) to meet specific criteria (not speaking during the remainder of the class period, leaving the classroom or office area immediately, etc.), or the faculty member may choose to dismiss the class for the remainder of the period to avoid a confrontation. Such action should be immediately reported to the department chair and to the Office of Judiciary Programs, using the Student Misconduct Incident Report Form.

If the faculty or staff member feels that there is a significant imminent danger to the health and safety of the student(s), others, or him/herself, the faculty or staff member should immediately contact the University’s Public Safety office for assistance. The responding officer at the time of notification shall remove the student from the area immediately and refer the incident to the Vice President for Student Success & Enrollment Services, or his/her designated representative, for possible handling under the “interim suspension” policy.

Interim suspension measures may be taken against a student when the Vice President for Student Success & Enrollment Services or his/her designated representative shall determine, based on clear and convincing evidence, that the student has engaged, or threatens to engage, in behavior which (1) is seriously disruptive or significantly impedes the normal activities or academic endeavors of others, (2) poses an immediate, significant threat of physical danger to others, or (3) poses an immediate, significant threat of danger to him/herself, and is of such a serious nature that it must be handled more expeditiously than the university judiciary procedures allow.

Interim suspension may include any or all of the following: (1) restriction from participation in any academic course, program, or activity; (2) restriction from participation in any student activity on or off campus; (3) restriction from use of any or all university facilities, including the library, labs, or offices; (4) restriction from entering the campus or any designated portion thereof.

If a determination is made to suspend a student under the interim suspension policy, the person rendering the decision shall notify the student, the public safety department, the registrar, and the student’s teachers that the student has been temporarily suspended from the institution pending the outcome of a hearing. The case will then be forwarded to the University Judiciary for a hearing, to be held as soon as practical. In such situations, the student may waive the normal ten-day notification requirement in order to have a more speedy hearing and decision.

Supplemental Program Specific Recourse

Some degree programs, such as those in education or nursing, have program-level admission and retention standards and review procedures in place beyond the generally applicable institutional admission and retention policies. If disruptive student behavior occurs in the context of fulfilling program requirements in such areas, the faculty or staff member may also have the recourse of filing a complaint with the designated program-level official and proceeding through the due process procedures established for handling such complaints. Individuals should consult the dean of the college and/or published standards as to the applicability of such program-specific recourse to the incident or incidents in question.

Resources

  1. Director of the University Judiciary Program - (770) 499-3403.
  2. Vice president for student success and enrollment services - (770) 423-6310.
  3. Director of University Police - (770) 423-6206.
  4. The KSU Student Code of Conduct
  5. The University Judiciary Program Home page (which includes all rules, policies and procedures related to the Judiciary) at http://www.kennesaw.edu/judiciary/

III. Sexual Assault

Victims should report instances of alleged sexual assault to either the KSU Department of Public Safety (770) 423-6666 or the Student Success and Enrollment Services Office (770) 423-6310.

The victim of a sexual assault should take care to preserve any evidence that may be necessary to prove that the assault occurred. Victims are advised to consult law enforcement authorities before showering/bathing, or changing or laundering any clothing that was worn during the assault. However, the fact that the victim of a sexual assault has already bathed, showered, or otherwise compromised potential evidence should in no way dissuade the victim from reporting the assault, as such actions may not prevent prosecution or conduct proceedings from going forward.

Students who report sexual assaults to the KSU Department of Public Safety or the vice president for student success and enrollment services shall be afforded assistance in seeking counseling and follow-up medical care, making changes to their academic situations and reporting to the appropriate criminal authorities after an assault has occurred.

Kennesaw State University recognizes and upholds the rights of victims of sexual assault, including:

  1. The right to have any and all sexual assaults against them treated with seriousness; the right, as victims, to be treated with dignity; and the right for campus organizations which assist victims to be accorded recognition.
  2. The right to have sexual assaults investigated and adjudicated by the duly constituted criminal and civil authorities of the governmental entity in which the crimes occurred; and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The foregoing shall be in addition to any campus disciplinary proceedings.
  3. The right to be free from any kind of pressure from campus personnel that victims (1) not report crimes committed against them to civil and criminal authorities or to campus law enforcement and disciplinary officials; or (2) report crimes as lesser offenses than the victims perceive them to be.
  4. The right to be free from any kind of suggestion that campus sexual assault victims not report, or under report, crimes because:
    1. the victims are somehow responsible for the commission of crimes against them;
    2. victims were contributively negligent or assumed the risk of being assaulted; or
    3. by reporting crimes they would incur unwanted personal publicity.
  5. The same right to advisement and assistance, or ability to have others present, in any campus disciplinary proceeding that the institution permits the accused; and the right to be notified of the outcome of such proceeding.
  6. The right to full and prompt cooperation from campus personnel in obtaining, securing, and maintaining evidence (including a medical examination) as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings.
  7. The right to be made aware of, and assisted in exercising any options, as provided by state and federal laws or regulations with regard to mandatory testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing.
  8. The right to counseling from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves.
  9. After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailant(s), including transfer of classes if requested by the victims.

Note: Kennesaw State University is concerned with your safety. We publish two campus safety publications: Safe and Sound and Sexual Assault: Myths and Reality. They contain such information as campus crime statistics and campus safety policies. These publications are available at the Department of Public Safety, upon request. You may also request a campus security report regarding crime statistics from this office.

IV. Parental Notification Policy: Drug and Alcohol Violations

Sections 951 and 952 of the 1998 Higher Education Amendment established that institutions of higher education could notify the parents or legal guardians when their student under the age of 21 was found to be in violation of the school’s disciplinary code for drugs and alcohol. Kennesaw State University strives to create a balance between honoring the personal growth and responsibility of its students as they learn to establish their own independence with that of providing parents with the sensitive information they need to know in order to advise their students effectively. Parental notification is done when the university believes that it will help the student by providing support for their physical health and safety, academic success and/or personal development. Parents of students under the age of 21 may be notified when a student is determined to have violated the KSU Student Code of Conduct in regard to alcohol or other controlled substances. Circumstances leading to parental notification include, but are not limited to, the following:

  • A student endangers him/herself or others while under the influence of alcohol or other controlled substances (i.e., this may include alcohol poisoning, hospitalization, fighting or on-campus DUI);
  • Student who committed the violation required medical intervention or transport as a result of consumption of alcohol or a controlled substance;
  • The occurrence of an arrest (i.e., this might include minor possession of alcohol or other drugs, possession with intent to distribute/supply or the manufacturing or cultivation of drugs or alcohol);
  • The occurrence of significant property damage;
  • The occurrence of a major disruption to the university’s educational mission;
  • When an administrator determines that any future violation of the alcohol/drug policy will likely result in the student’s suspension;
  • When an administrator determines that any future violation of the alcohol/drug policy will likely result in the student’s removal from university housing;
  • The violation suggests a pattern of alcohol or controlled substance abuse.

In order to allow the student to have the first opportunity to notify his/her parent(s) or legal guardian(s) of the alcohol/drug violation, students will be afforded two business days after the determination of a rule infraction before the university will attempt to issue a notification to the parent(s) or legal guardian(s). Notification will be coordinated through the office of the Vice President for Student Success and Enrollment Services. Written notification will detail the fact that the student has been found responsible for an alcohol or other drug offense. Written notice will not include specific details of the offense(s) for which the student is found responsible, the circumstances surrounding the offense(s), or the specific disposition of the case. The notification will include a listing of campus/community services that are available to address the student’s alcohol or drug situation. Parents/guardians interested in gaining more information about the violation or disposition of the case are encouraged to discuss the case with their student or request that the student sign a written consent to have this information revealed to his/her parents. Questions or concerns regarding these guidelines should be directed to Kennesaw State Judiciary Programs, Student Center Room 285, 770-499-3403.

Environmental Health and Safety

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KSU Position Statement on Environmental Awareness

Kennesaw State University endeavors to encourage in each student, faculty, staff member, and the community, a respect for the worth of the environment and a desire and capacity to recycle, to conserve energy and to take other measures to help conserve limited resources. This institution focuses on developing an environmental ethic that promotes excellence, responsibility and stewardship in environmental affairs and is committed to educating the community about environmental issues.

KSU Mission Statement on Occupational Health and Safety

It is the goal of Kennesaw State University to protect employees and property of KSU and to provide safe work places. To this end, the Department of Environmental, Health & Safety of Kennesaw State University will ensure compliance with local, state, and applicable federal codes, provide technical assistance, conduct routine facility audits and empower the employees of KSU through training in hazard recognition and accident prevention.

KSU is a Restricted Smoking Campus

Smoking is prohibited on KSU campus except in areas specifically designated for smoking.

Drug and Alcohol Policy

I. Introduction

National statistics reveal that the leading causes of death among the 18-23 year-old population are alcohol-related accidents, alcohol-related homicides, and alcohol-related suicides. A high percentage of campus disorderly conduct, disruptive behavior and property destruction, and academic failures on a national level is alcohol-related. The abuse of alcohol and other drugs can alter behavior, distort perception, impair thinking, and impede judgment. Alcohol and drug abuse might also result in various diseases, illnesses, and even death. The Georgia legislature, in response to these disturbing facts, has provided by law certain measures to reduce those dangers associated with alcohol abuse. These measures include statutory provisions which provide that no person below the age of 21 years may use, purchase, or possess alcoholic beverages. The law also prohibits serving alcoholic beverages to any intoxicated person. These considerations, among other things, are equally applicable to the use and abuse of illicit drugs. In response, federal and state laws regarding the manufacture, use and distribution of illicit drugs have been enacted and are applicable to all full-time, part-time, and temporary faculty, staff, students, and administrators. The University supports and endorses these provisions of federal and state laws and insists on strict compliance with these statutes by its students, staff, faculty, and administrators at all levels.

II. Alcohol Policy

Kennesaw State University expressly prohibits the use, possession, sale, or distribution of alcoholic beverages on campus by any campus constituency. Alcoholic beverages may be served at off-campus activities to adults of legal drinking age for the state in which the activity is being held, providing that a responsible club or organization representative acknowledges responsibility for monitoring alcohol consumption. Student Activity funds or institutional funds may not be used for the purchase of alcoholic beverages. Kennesaw State University is committed to recognizing, upholding, and enforcing the laws of the state of Georgia. Violation of those state laws, incorporated into the Kennesaw State University Alcohol Policy shall not be condoned on the campus or at any activity held off campus by any constituency. Exceptions to the policy of no alcohol on campus may from time to time be permitted at the discretion of the president, and there are other limited exceptions to this policy within the residence halls by those aged twenty-one or older who do not reside in substance-free communities. See the Residential Code of Conduct for more information. http://www.kennesaw.edu/residencelife/body/code.htm

Official state regulations regarding the use, sale, or possession of intoxicating beverages are as follows:

3-1-2 Defines “alcoholic beverages” to mean all alcohol, distilled spirits, beer, malt beverages, wine, or fortified wine.

3-2-36 Provides for criminal process against any person who violates the law in counties and municipalities where the sale of alcoholic beverages is not authorized or where alcoholic beverages are being sold contrary to law.

3-3-21 Provides that no person knowingly or intentionally may sell or offer to sell any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. Provides further that distilled spirits may not be sold within 200 yards of a school building, educational building, school grounds, or college campus.

3-3-22 States that no alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication.

3-3-23 Prohibits the furnishing to, purchasing of, or possession of alcoholic beverages by persons under 21 years of age.

3-3-23.1 Provides that any person furnishing or possessing alcoholic beverages in violation of the previous Code Section shall be guilty of a misdemeanor. Establishes procedures for arrest by law enforcement officers.

University judiciary policies and procedures require that all student organizations planning to serve alcohol at any off-campus function must submit an “Acknowledgment of Alcohol Policy” form to the vice president for student success and enrollment services during the first week of classes each fall semester and each time there is a change in either the president or advisor of the organization. By their signatures, the president and advisor are assuring Kennesaw State University that they and the individuals responsible for the group’s social events understand the Kennesaw State University Alcohol Policy and state laws regarding the service and consumption of alcoholic beverages.

Alcoholic beverages will be allowed for functions at which alcohol is not the focal point, reason for, or the “drawing card” for the event. Organizations choosing to advertise the service of alcoholic beverages at functions will not make reference to the quantity of or overindulgence in alcoholic beverages. Reference will also be made to serving of food and alternative beverages, and the checking of drivers’ licenses. Any activity (especially those competitive in nature) contributing to the overindulgence of alcohol is, by these guidelines, prohibited. Any violation of this policy at any club or organization activity shall be reported to the vice president for student success and enrollment services by the designated monitor(s) verbally within 24 hours of returning to campus and followed by a written report within 3 working days.

The Kennesaw State University Department of Public Safety shall report any violation of this policy, whether at an activity or on an individual basis, to the vice president for student success and enrollment services within 24 hours of the occurrence. The vice president for student success and enrollment services shall then be responsible for disciplinary action according to established university nonacademic disciplinary procedures. Possible sanctions shall be the same as those for other violations of nonacademic university rules and regulations as provided for in the university student code of conduct.

III. Drug-Free Workplace and Campus Policy

As a recipient of Federal funds, Kennesaw State University supports and complies with the provisions of the Drug-Free Schools and Communities Act of 1989 and the Drug-Free Workplace Act of 1988. The unlawful possession, manufacture, distribution, dispensation, and use of illicit drugs and alcohol by employees or students on the university campus is prohibited and violations of this policy will result in appropriate disciplinary action.

Faculty, staff and students are expected to adhere to the policies of the university and observe the basic standards of good conduct, meet appropriate standards of performance, and observe all local, state and federal laws relative to unlawful use of illicit drugs and alcohol. Penalties for violations of these standards range from warnings and probation to expulsion, loss of academic credit, suspension, temporary or permanent suspension and withdrawal of organization recognition, referral to the legal system for prosecution, demotion, and termination of employment. Detailed sanctions are defined in the Student Handbook (Student Code of Conduct), Board of Regents’ Policy Manual, Classified Employee Handbook and in the complete policy statement available in the Office of the Provost and Vice President for Academic Affairs upon request.

IV. University Sanctions for Violations of the Alcohol and Drug Policy

  1. Any faculty, staff member, administrator, or other employee who violates the policy on alcohol and drugs, shall be subject to disciplinary action up to and including the possibility of dismissal and referral to the appropriate federal, state or local authorities for prosecution in the courts.
  2. Any student or student organization that violates the policy on alcohol and drugs, shall be subject to disciplinary action in accordance with the Kennesaw State University Student Code of Conduct up to and including educational sanctions, possible loss of on-campus housing, suspension and/or expulsion from the university and referral to the appropriate federal, state, or local authorities for prosecution in the courts. A student organization shall be subject to disciplinary action up to and including educational sanctions, suspension and/or revocation of its registration with Student Activities and referral to the appropriate federal, state, or local authorities for prosecution in the courts.
  3. When there is an alcohol or drug infraction, in addition to any criminal prosecution or university judicial code sanction, a student who is a member of a university athletic team may face additional sanctions based on rules established by the team.

V. Drug and Alcohol Education Programs and Assistance Available

A combination of several campus offices will provide assistance or act as a referring agency for Kennesaw State University. Included in the campus efforts to assist those with substance abuse problems are:

The CAPS Center, (770) 423-6600, is located on the second floor of Kennesaw Hall. The Center currently has nine professional counselors qualified to work with those persons who have problems associated with alcohol and drug abuse. At present, two counselors are certified as Prime for Life facilitators. The counseling center offers in-house counseling and educational alcohol and drug abuse programs. CAPS counselors use the Bacchus Gamma on-line educational program as needed. CAPS also performs in house evaluation for alcohol and drug abuse and uses the SASAA-3 Substance Abuse Subtile Screening Inventory as well for alcohol abuse screening. It also maintains a listing of referral agencies for off-campus assistance when such assistance is more appropriate. CAPS Center services are available to students, faculty and staff. CAPS works closely with the KSU Health Clinic, Wellness Center, and the Residence Life Department to provide alcohol and drug education programming across campus.

The Department of Human Resources, (770) 423-6030, is located in the Campus Services Building. The Drug-Free Workplace coordinator is the Director of Human Resources. Employee Assistance Programs (EAP) relating to drug and alcohol abuse are available for KSU employees (staff and faculty). KSU’s EAP is provided by EAP Consultants, Inc. Employees and their family members may contact them at 770-951-8021 or 800-869-0276 or online at www.eapconsultants.com or see http://www.eapconsultants.com/drugfree.html

The Department of Public Safety, (770) 423-6206 (non-emergency number), is located in the Public Safety Building #20 near the West Parking Deck. The KSU police are a co-sponsor of annual National Collegiate Alcohol Awareness week in October and will speak to groups or classes upon request about safety and alcohol and drug awareness issues.

The Wellness Center, (770) 423-6394, is located in the Student Recreation and Wellness Center, Bldg. 3, RM 131. The mission of the Center for Health Promotion and Wellness is to improve the health and well being of students and employees through awareness and education, and the Center makes available computer programs, Alcohol 101, and prescription drug information to further this mission. The Wellness Center also participates each year in National Collegiate Alcohol Awareness week in October, sponsoring many interactive programs designed to educate students, faculty, and staff to issues associated with alcohol use and abuse.

The KSU Health Clinic, (770) 423-6644, is located on Campus Loop Road, House 52, across from University Place Housing. The clinic provides services to KSU students, faculty, and staff. Alcohol and drug use and abuse programming is presented in conjunction with the Wellness Center.

The Department of Residence Life (770) 420-4388, is located on the first floor of the Carmichael Student Center (room 156). It provides alcohol and drug education to residential students on a continuing basis throughout the year through programs presented to small groups of residents. The Residential Life professional staff together with staff from the CAPS Center also conducts a monthly two-hour alcohol education course for all interested students. Students who are first time violators of campus alcohol rules generally are required to attend.

VI. Annual Distribution of KSU Drug and Alcohol Policies Required

The Office of the Dean of Student Success is responsible for ensuring that Kennesaw State University’s Drug and Alcohol Policy is distributed annually to each student and employee (faculty and staff).

Administrative Withdrawal of Students

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A student may be administratively withdrawn from the university when, in the judgment of the vice president for student success and enrollment services, and the director of counseling services, and after consultation with the student’s parents and personal physician, if any, it is determined that the student suffers from a physical, mental, emotional or psychological health condition which: (a) poses a significant danger or threat of physical harm to the student or to the person or property of others or (b) causes the student to interfere with the rights of other members of the university community or with the exercise of any proper activities or functions of the university or its personnel or (c) causes the student to be unable to meet institutional requirements for admission and continued enrollment, as defined in the Student Code of Conduct and other publications of the university.

Except in emergency situations, a student shall, upon request, be accorded an appropriate hearing prior to a final decision concerning his/her continued enrollment at the university.

Grievance Procedures for Students

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Grievance Procedures for Admissions, Privacy Rights and Other Non-Academic Matters

Within the framework of students’ relationships to Kennesaw State University, several avenues exist for the expression of grievance. Provision for hearing appeals by applicants denied admission to the university is outlined in Article VI, Section C, paragraph 2a, of the Bylaws of the Board of Regents. Appeal procedures for grievances related to students’ privacy rights are contained in the university catalog (see section on confidentiality of student records). Charges against students and student organizations for violations of the KSU Student Code of Conduct will be handled through the University Judiciary Program. Grievances related to loss of athletic scholarship and other forms of financial aid are heard by the Financial Aid Appeals Committee.

Grievance Procedures for Discrimination and Retaliation

All student grievances or complaints against faculty, staff, or administrators alleging (1) discriminatory practice(s) based on race, religion, color, sex, sexual orientation, handicap, or national origin, or (2) retaliation against the student because of his/her prior report of discrimination or harassment, or because of the student’s cooperation in any investigation, shall be addressed in writing to the KSU EEO office in the Division of Legal Affairs with the following caveat. If the student believes that his/her final grade in a course is unfair because of discrimination or retaliation by a faculty member, the complaint shall be addressed as specified under Academic Policies-Grade Appeal Procedures section II (Grade Appeal Procedure When There Is an Allegation of Discrimination or Retaliation). Otherwise, once the EEO office has received a written complaint containing specific allegations of discriminatory practices or retaliatory actions the following process shall take place.

  1. The EEO officer (or his/her designee) must notify in writing the person(s) whose actions or behavior is/are at issue of the allegation of discrimination and/or retaliation and of the pending investigation as soon as possible, but definitely within one week of receiving the complaint in writing from the student. The person’s immediate supervisor should be notified at the same time.
  2. During the investigation by the EEO office no administrative or legal action or intervention will be taken unless the EEO investigator first consults with and obtains the agreement of the Provost and VPAA (or his/her designee) and the VP for SSES (or his/her designee) to the proposed administrative or legal action or intervention.
  3. If the EEO officer (or his/her designee), after investigation, finds that the student does not have reasonable grounds for complaint he/she shall so notify in writing the student, the person(s) about whom the complaint is made, and that person(s)’ immediate supervisor. This investigation and notification will take place within sixty days of the written allegation’s receipt by the EEO’s office.
  4. If the EEO officer (or his/her designee), after investigation, finds the student may have reasonable cause for complaint he/she will so notify in writing the student, person(s) about whom the complaint is made, and that person(s)’ immediate supervisor. The investigation and notification will take place within sixty days of the written allegation’s receipt by the EEO’s office. On the same date that written notification is delivered to the parties, the EEO officer (or his/her designee) will contact the chair of the university council. The chair of the council will then be responsible for establishing an ad hoc committee of three (faculty/administrative faculty/staff members) and two students to hear the discrimination complaint and make recommendations. The names and contact information of the five members of the ad hoc committee shall be communicated by the chair of the university council to the EEO officer (or his/her designee).
  5. Prior to the hearing the EEO officer (or his/her designee) will arrange that the ad hoc committee shall meet and elect a chair from among the five members. The chair will conduct the hearing. The chair may participate in all deliberations, but will not vote except in the case of a tie.
  6. The hearing committee may draw up its own rules of procedure, and the committee is not bound by any formal rules of legal proceedings and may hear any information that may be of value in determining the issues involved, but minimum due process shall include the right of both parties to be notified in writing at least ten business days in advance of the date, time, and place of the hearing; the right of the person against whom the complaint has been made to be informed in writing of the specific nature of the complaint against him/her and of the evidence and/or witnesses on which it is based; and the right of both parties to present evidence and witnesses on their behalf and to question witnesses. The EEO officer (or his/her designee) shall act to make certain these due process rights are met. The supervisor of the person about whom the complaint is made will be notified that a hearing has been scheduled. The EEO officer (or his/her designee) will attend the hearing and may present any report created or evidence or information obtained during the EEO office’s investigation if requested to do so by either party or by the committee. The EEO officer (or his/her designee) shall retain all records associated with the complaint, his/her investigation, the hearing, the committee’s written report, and the president’s written decision for such length of time as required by Georgia law.
  7. Each party has the right to a non-attorney adviser to assist in preparing and presenting his/her case before the committee. Those present during the hearing will be the members of the ad hoc committee, the EEO officer (or his/her designee), the parties to the complaint, one non-attorney adviser for each party, and such witnesses as are necessary. Each witness shall be present only when his/her presence is necessary to present information and/or answer questions. No other persons shall be present unless agreed upon in writing by the chair of the committee, both parties, and the EEO officer (or his/her designee).
  8. All decisions and recommendations will be based on a majority vote, and be rendered according to the principle of the preponderance of evidence. Only the five members of the ad hoc committee should be present during deliberation except that the EEO officer (or his/her designee) may be present to answer policy questions.
  9. The hearing committee will be expected to produce a written report summarizing the information presented, indicating and explaining its decision, and making recommendations, if desirable, to any party or parties. Copies of the written report will be submitted to each party in the case (student and person complaint made against), the person’s immediate supervisor,, the EEO officer (or his/her designee), the chief legal officer for the university, and the president of the university within five business days from the completion of the hearing. The chair of the hearing committee shall act to make certain the written report is delivered to the proper persons. The opinions and recommendations of the ad hoc committee are advisory and in no way bind the president to the recommended actions.
  10. After consideration of the ad hoc committee’s written report, the president shall make a decision and communicate it in writing within five business days to the student, the party or parties against whom the complaint has been made, the EEO officer (or his/her designee), the chief legal officer of the university, and the immediate supervisor(s) of the employee(s) against whom the complaint has been made.
  11. Should the aggrieved student remain dissatisfied with the president’s decision, further redress may be sought through internal channels by applying to the Board of Regents for a review of the decision, pursuant to the Bylaws of the Board of Regents, Article IX, p. xxvii.

Nothing in this process prohibits the parties from settling this matter at any stage with the assistance of mediation through the Office of the University Ombuds (770-423-6112), if appropriate. However, any attempt to settle the matter through mediation does not affect time deadlines for this process.

Any student complaints against another KSU student should be addressed to the KSU Department of Student Conduct (formerly Office of Judiciary Programs).

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