Statement of Student Rights and Responsibilities

Students of Kennesaw State University are guaranteed all of the due process rights and privileges associated with their matriculation in a higher education institution in the university system of Georgia.. 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.

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 in facilities, programs, and employment to all individuals, regardless of disability. 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.

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 (ADA), Public Law 101-336, guarantees equal opportunity for individuals with disabilities in the areas of public accommodations, employment, transportation, state and local government services and telecommunications. 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.

Accessibility and Employment

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

Accessibility of Facilities, Programs, and Services

Students who require accommodation in facilities, services, programs or activities should contact the Assistant Director for Disabled Student Services to arrange an individual assistance plan. Accommodations 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 disability.

Members of the public who require specific accommodations in facilities, services, programs or activities should contact the office sponsoring the service, program or activity at least five days in advance to arrange individual accommodations.

Visits By Children

The university cannot accommodate children of the faculty, staff, and students on-campus during normal operating hours; i.e., 8:00 a.m. - 10:30 p.m, Monday through Thursday, and 8:00 a.m. - 5:00 p.m., Friday. Children are welcome to attend scheduled events and to make brief visits when accompanied by a parent or other adult.

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 Conduct and Academic Integrity (SCAI) Department (contact the Director of SCAI 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.”

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.

Confidentiality of Education Records

Education Records at Kennesaw State University are defined as any portion of the educational history of a student that is maintained by the University for the purpose of sharing by other academic officials and is intended to support the academic degree progress of the student. Typical examples are the academic files maintained in a department or university administrative office. These records include: files, documents and materials in multiple mediums (handwritten, tape, disks, microfilm, CD-ROM, etc.) which contain information directly related to the academic educational efforts of the student. Academic records do not include law enforcement unit records, medical records (vis-a-vis doctor patient privilege), alumni records, or human resource records.

Sole Possession Records are defined as records (notes maintained by a faculty member) that are not shared with any other educational office. Notes maintained in a sole possession record are not subject to the guidelines of FERPA. Sole Possession records that are merged with the academic record require full disclosure per FERPA guidelines.

Third Party Disclosures are prohibited by FERPA without the written consent of the student. Any persons other than the student are defined as Third Party, including parents, spouses, and employers. All educational officials are required to secure written permission prior to the release of any academic record information.

Directory Information will be withheld if requested by the student. To withhold directory information, the student must complete the Release of Directory Information form and mail the request to the Office of the Registrar, 1000 Chastain Rd, MB #0116, Kennesaw, Georgia, 30144, or hand-deliver the request to the Office of the Registrar located in Kennesaw Hall or fax the request to 770-423-6541.

The items below are designated as “Directory Information” at Kennesaw State University and may be released for any purpose at the discretion of Kennesaw State University;

• Name
• Address
• Telephone Number
• Major
• Advisor
• Dates of Attendance
• Degrees Awarded
• Participation in Recognized Activities and Sports
• Weight and Height of Athletic Participants

Students should consider very carefully the consequences of any decision to withhold “Directory Information.” Choosing the item “Student Confidentiality” will result in the exclusion of all student record information, including student name/address from printed materials. Informing Kennesaw State University not to release “Directory Information” means any future requests for such information from non-institutional persons or organizations will be refused.

Notification of Rights under FERPA for Postsecondary Institutions

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

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.

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.

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 committee, 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. Upon request, the University also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

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:

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 Student Success Services (formerly CAPS)

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

Vice President for Student Success

Letters of Recommendation

Director of Student Conduct and Academic Integrity

Discipline Files

Health Clinic

Health Insurance Brochures

I. Preamble

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. Students of Kennesaw State University are guaranteed all of the due process rights and privileges associated with their matriculation in a higher education institution in the university system of Georgia. 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 an individual’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.

Students who are accused of a Code of Conduct violation will have an opportunity to be heard before a decision is made about their responsibility for a violation. Nevertheless, when a student fails to appear for a hearing/disciplinary meeting after notice of the hearing has been sent to that student’s KSU email address, the hearing officer or panel may make a decision without that student’s input or explanation. The hearing officer or panel will base its decision on all other information and evidence presented, and may find the student responsible if a preponderance of the evidence indicates responsibility for the violation(s). Students who are found responsible for a violation of the KSU student conduct regulations may be subject to sanctions up to and including dismissal from the institution.

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 of Conduct 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.

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 high standards of academic integrity 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 hearing panel or before a hearing officer shall be suspended for at least one semester, unless the student persuades the deciding body or hearing officer 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 (including examinations, laboratory reports, essays, themes, term papers, etc.). Unless specifically authorized, the presence and/or use of electronic devices during an examination, quiz, or other class assignment is considered cheating. Engaging in any behavior which a professor prohibits as academic misconduct in the syllabus or in class discussion is cheating. 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. No student may submit the same, or substantially the same, paper or other assignment for credit in more than one class without the prior permission of the current professor(s).

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.

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

No student shall misplace, take, 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 propose any revision of, additions to and deletions from these Academic Honesty Conduct Regulations. Recommendations shall be submitted to the Vice President for Student Success. 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 Council. The Council, 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. In order to promote these goals, students should be familiar with and abide by the rules against disruption of campus life.

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 or b) is disruptive to the academic functioning of the institution.

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. Harassment/Bullying/Intimidation

No student shall harass, bully, or intimidate another person in any manner or by any method, including, but not limited to, harassment, bullying, or intimidation done by electronic device, sometimes called “cyberbullying.” Harassment, bullying, or intimidation is the placing of another person in reasonable fear of his or her personal safety through words or actions directed at that person, or a course of conduct that a reasonable person would consider so severe and pervasive as to interfere with the working, learning, or living environment of another.

F. Sexual Harassment

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

G. Sexual Misconduct

Sexual misconduct is prohibited. Sexual misconduct includes, but is not limited to:

1. Non-consensual sexual contact including, but not limited to, intentional and/or forcible touching or groping. Consent cannot be given when a person is incapacitated.
2. Non-consensual sexual intercourse including, but not limited to, anal, oral, or vaginal penetration, however slight. Consent cannot be given when a person is incapacitated.
3. Sexually related offenses including, but not limited to, obscene behavior, stalking, and/or exposure.

H. Theft of or Damage to Property

No student shall take, sell or attempt to take or sell, damage or destroy any items belonging to others without proper authorization. Nor shall any student make or attempt to make unauthorized use of the property of any other person or organization. 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.

I. 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, or except as allowed in limited circumstances by Georgia law.

J. 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.

K. 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.

L. 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.
3. No student shall in any way dispose of tobacco products except in receptacles properly designated for them in or on University property.

M. Kennesaw State University is a Smoke-Free Environment.

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

N. Gambling is Strictly Prohibited, but 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 Fundraising

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 fundraising events, or advertise sales or fundraising 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. Failure to Comply

Failure to comply with directions of a University official or law enforcement officer acting in performance of his or her duties and/or failure to identify oneself to such a person when requested to do so is a violation of this Student Code of Conduct.

S. Failure to Complete Sanctions

Failure to complete all sanctions imposed under this Student Code of Conduct by the stated deadline(s) is a violation and may result in additional conduct charges and/or a hold on registration until the sanctions are completed.

T. 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; 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. The express or implied willingness of the victim(s) is not a defense.

U. Residential Code of Conduct

1. Alcohol
Students who are of legal drinking age (21) may possess and consume alcoholic beverages in designated communities, but only as a private activity in private living areas (i.e., room and/or apartment). Students are legally responsible for their actions in all mental and physical conditions including those induced by alcoholic beverages. Kennesaw State University also prohibits:

a. The use or possession of alcohol by anyone under the legal drinking age of 21;

b. Providing alcohol to a person under age 21 is prohibited;

c. The transport and/or consumption of alcohol in open containers in any public area including any property that surrounds an apartment and is considered housing property;

d. The manufacture or selling of alcohol;

e. Failure to abide by the institution’s policy on student organization use of alcohol;

f. Public intoxication;

g. Common containers of alcohol (kegs, party balls, trash cans, funnels, beer hats, etc.) are not permitted. Beverages must be used in individual containers;

h. Any game or activity (especially those competitive in nature) contributing to the overindulgence of alcohol is prohibited regardless of the age of the participants;

i. Guests and/or visitors consuming or possessing alcohol in the room/apt/surrounding area of a host (resident) under the age of 21;

j. Alcohol not being clearly consumed by those 21-years of age or older in a room shared by students over and under 21 years of age;

k. The use or possession of alcohol by any resident or guest, regardless of age, in a substance-free community;

l. Being present where an alcohol violation is occurring, regardless of whether the resident/guest is using or possessing alcohol;

m. Alcohol paraphernalia is prohibited in substance free communities and residential units of underage residents. For health and safety reasons, empty alcohol containers are not permitted to be used for decorative purposes within the residential facilities.

2. Drugs
Kennesaw State University prohibits:

a. Selling, possessing or using any substance currently classified as a dangerous drug by the Georgia Controlled Substance Act or classified as illegal by state or federal law;

b. Possession of drugs that may be used to incapacitate other Individuals;

c. Possession and/or use of drug paraphernalia, including but not limited to any form of bong or smoking device, such as a hookah, even if not used or used for tobacco products;

d. Being present where a drug-related violation is occurring, regardless of whether the resident/guest is using or possessing drugs.

3. Weapons
Kennesaw State University and Housing regulations prohibit the use or possession of any weapon that can cause bodily harm either to the bearer or another individual. In unclear cases of definition, the context in which a particular object was used will determine whether it is a weapon. Items that can be easily confused as weapons, including but not limited to pellet, BB, paintball, or air guns, are prohibited.

4. Pets/Animals
The University does not permit students to have pets/animals in or around the residential communities. This includes pets belonging to outside guests; pets/animals may not “visit” at any time. The only exceptions are: 1. Fish in a properly maintained aquarium not to exceed 10 gallons; and 2. Service animals determined to be necessary for persons with disabilities.

5. Smoking
Smoking and the use of tobacco products is prohibited inside all residential facilities. A resident may smoke on a private balcony (only available at University Place) if agreed upon by all residents of the apartment. Smoking is prohibited on all common area balconies and stairwells. Students may only smoke outside in designated smoking areas around the residential communities.

6. Cooperation
Residents and guests are expected to cooperate with all reasonable requests made by members of the community, both on-campus and in the surrounding neighborhood. Likewise, residents must comply with all reasonable requests of any person acting in an official capacity as a representative of the university, including, but not limited to, Residence Life staff (including RAs), campus police, faculty, and property management staff. Cooperation includes, but is not limited to, participating in required residential activities (i.e., mandatory meetings, judicial hearings, learning communities, rules, payment of rent/fees, etc.). Cooperation also includes compliance with all rules and regulations established by KSU Residence Life and/or KSU Housing not included within this code of conduct but distributed through other printed and electronic means (housing contract, newsletters, etc.).

7. General Safety and Well-Being
Residents are expected to take responsibility for the overall general safety and well-being of themselves individually and the residential community as a collective. Engaging in any behavior that impedes the general safety and/or well-being of self and/or others is prohibited. This may include, but is not limited to; causing physical or psychological harm to oneself and/or others; creating an unsafe environment by leaving doors unsecured, particularly common use doors; failing to notify the appropriate authorities when knowledge exists of a situation that may impede the general safety and/or well-being of individuals and/or the community. General safety also includes maintaining your living environment and your own person in accordance with reasonable health, cleanliness, and safety expectations.

8. Fire Safety
Tampering with, vandalizing or misusing fire safety equipment is prohibited and constitutes reasons for eviction from the apartments and possible suspension or expulsion from the University. Fire safety equipment includes, but is not limited to, alarms, extinguishers, smoke detectors, door closures, alarmed doors, and sprinklers. Failure to evacuate during a safety drill will result in disciplinary action. Items that are flammable such as fuel, etc., may not be stored in a resident’s room or apartment. Items that require an open flame to operate or which produce heat (i.e., Bunsen burners, lit candles, alcohol burners, grills) are not allowed in resident’s rooms. Residents must further agree to abide by the safety regulations as stipulated in the Housing Safety Regulations (located in this handbook).

9. Noise
All students are expected to respect the rights of others by refraining from making loud noises or causing other disturbances that interfere with study or sleep.

a. All residents are expected to respect 24-hour courtesy hours. If a student makes a reasonable request of another student to be less noisy, that student should comply. No noise should be heard outside of a student room;

b. Quiet Hours will apply to noise regulation in the public areas of the residential communities. Quiet Hour adjustments may be voted on by the Community Councils. Until this occurs, residence-wide quiet hours will be in effect. Quiet Hours are 10pm until 10am Sunday through Thursday and 12am to 10am Friday and Saturday;

c. During exam periods, quiet hours will be extended to 24 hours. This regulation also applies to areas surrounding the residential communities, and public areas; and

d. In the event that a group makes a disturbance (e.g., game playing, watching TV, or yelling loudly), staff may request violators to leave immediately.

10. Guests and Visitation
Residents may allow guests (those of the same or opposite sex) to visit their room/apartments with agreement from the other residents in their room/apartment. Guests are defined as any person not assigned to live in that specific space (even if the person is a resident of another on-campus space). Community Councils and roommates may develop rules that are supplementary to but not in conflict with the established guidelines. In order to facilitate safety and privacy, the following are prohibited:

a. Use of the bedroom or bathroom of another resident without his or her prior consent;

b. Guests (including other KSU students) staying in a resident’s room more than three nights within any seven night period, staying in a resident’s room on a frequent basis, or cohabitating in any room/apartment;

c. Proceeding or allowing guests to proceed through the residential facilitie unescorted;

d. Students are expected to accompany their guests at all times and accept responsibility for their behavior. At no time should any resident provide entrance to their room to someone who is not their guest, or provide access to a guest who is unaccompanied by the resident (e.g., lending/copying a key or access card).

e. While hosts are held responsible for the actions of their guests, legal action will also be taken against a guest for violating campus policies, including but not limited to, criminal trespass, or prosecution. Guest must park in designated visitor spaces only, and hosts may lose parking privileges if guests park illegally.

f. Minors who are not enrolled KSU students must be escorted by a parent/guardian in addition to the host resident at all times. These minors may not visit overnight without advance permission from the Director of Residence Life or designee.

g. General occupancy, as recommended by management and the fire marshal, is two persons per bedroom (i.e., a four person apartment equals a total occupancy of eight people at any given time). Residents are expected to comply with occupancy guidelines. Visitation privileges may be revoked for individuals or groups who violate the visitation policies.

11. Collective Liability/Damage and Vandalism
Residents are responsible for the condition of their rooms and any shared spaces. While the University and KSU Housing will strive to attribute damage and vandalism charges to the individuals responsible, when it cannot do so, all members of an apartment or building may be charged equally for any damages. Affected residents should provide information to housing staff to assign these charges to the individual(s) responsible. Damage, vandalism, theft, inappropriate use of facilities, and/or use of facilities/furnishings in a manner other than that for which they were intended, are prohibited. There are no appeals of a Collective Liability charge.

12. Enforcement and Grievances
Any complaints or grievances should be directed to the respective residence hall staff member. Residents have the right to file charges directly against another student through the appropriate Residence Life staff member. If the staff member cannot rectify the situation, then the matter shall be referred through the appropriate channels, and ultimately submitted for action or consultations to the SCAI Department. SCAI shall handle all matters arising from this code as any non-academic violation. Grievances against Residence Life staff members shall be submitted in writing to the Director of Residence Life.

13. Modifications and Revisions
Any modifications or revisions to these codes of conduct shall be submitted to the Kennesaw State University Residence Hall Association (RHA). After discussion, the RHA shall forward its recommendations to the Director of Residence Life. Upon his/her approval, the Director of Residence Life shall forward the approved recommendations to the Director of SCAI, and Vice President for Student Success or designee.

14. Warnings and Documented Incidents
As circumstances warrant, authorized Residence Life and/or SCAI staff may issue warnings to students for behaviors of concern, and violations of housing rules and regulations, even if such behaviors do not constitute a violation of this code. These warnings and/or documented incidents will be recorded within the student’s judiciary file.

15. Solicitation, Posting, and Use of Residential Space
For the residents’ protection against fraudulent sales and annoyance, solicitation is prohibited on university property. Periodically special programs are offered where residents can learn about products and services. Residents are prohibited from engaging in business activities on campus and in housing. All activities, research, and postings within the residential areas must be approved in advance by the Director of Residence Life or designee, even if the activities/postings are sponsored by recognized university departments or organizations.

NOTE: Residents are expected to abide by local, state, and federal law and the KSU Code of Conduct, available at www.kennesaw.edu/scai. Students are afforded appropriate due process, including notification of violations and judicial meetings. Notice forms distributed at the time of violation (typically by RAs) serve as official notice of judicial action and require a response, typically contacting an AC or RD by the next business day. ACs and RDs adjudicate most violations and their actions are final. More serious and repeat violations are typically adjudicated by Student Conduct and Academic Integrity (SCAI). Email is the official mode of communication for KSU; therefore, all students are expected to check their KSU student email account regularly.

While sanctions vary depending on circumstances and severity of specific violations, KSU reserves the right to impose a “two strike” approach and recommend removal from housing upon a second repetitive violation, except drug violations that result in immediate removal.

IV. Financial Responsibility-Use of Student Activities Funds

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

V. Use and or Possession of Drugs, Including Alcohol

Use and/or possession of drugs (controlled substances) are prohibited.

A. Kennesaw State University expressly prohibits the use, possession, sale or distribution of alcoholic beverages on campus by any campus constituency. 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 1 of the residential code of conduct.

B. All student organizations must submit an “Acknowledgment of Alcohol Policy” form to the Student Life Department 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.

C. 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.

D. Any activity (especially those competitive in nature) contributing to the overindulgence of alcohol is, by these guidelines, prohibited.

E. Any violation of this policy at any organization activity shall be reported to the Student Life Department by the designated monitor(s), generally the faculty or staff advisor, verbally within 24 hours of returning to campus and followed by a written report within three working days. The Student Life Department will send the report to the Student Conduct and Academic Integrity (SCAI) Department for possible disciplinary action. The Kennesaw State University Police shall report any violation of this policy, whether at an activity or on an individual basis, to the Dean of Student Success, who shall then be responsible for referring the matter to SCAI for possible 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 sidewalks. 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.

A. Students involved in off-campus activities shall not act in a disorderly or disruptive fashion, nor shall they conduct any dangerous activity.

B. Students involved in off-campus activities shall not take, damage or destroy or attempt to take, damage or destroy property of another.

C. 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 University hearing panel or hearing officer 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 hearing panel or hearing officer, 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; 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. The express or implied willingness of the victim(s) is not a defense.

D. Theft and Disregard for Property

1. Unauthorized taking of, attempted taking of, damage to or attempted damage to, 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 (or designee), to become officially recognized Kennesaw State University student organizations.

I. Gambling is Strictly Prohibited, but 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.

J. Sales, Fundraising and Advertising

Unauthorized selling of any kind (including bartering), unauthorized fundraising, and unauthorized advertising of fundraising 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 (or designee) for all such activities.

K. 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 (or designee) 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 (or designee) is prohibited.

L. Shared Responsibility

Student organizations are responsible at all times for organizational violations of the University Student Code of 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

A. All students shall fully comply with the instructions of the hearing panels and hearing officers of the Kennesaw State University SCAI Department.

B. No student shall make a false statement while under oath in a University disciplinary hearing.

C. No student shall disrupt the proceedings of the Kennesaw State University SCAI Department hearing, behave in a manner which is intended to lessen the authority or dignity of the Kennesaw State SCAI Department, or otherwise obstruct justice on the campus.

D. All students are expected to serve as witnesses when summoned by the Kennesaw State University SCAI Department unless excused by the Vice President of Student Success.

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

Any student, faculty member, or administrator can propose any revisions, additions, or deletions from the Student Code of Conduct regulations. Recommendations shall be submitted to the acting student government association president. The SGA president shall ensure discussion on the proposed change in the student government association. When the SGA has decided on an official recommendation to comment on the proposal, the SGA president shall forward all recommendations with comments to the Vice President for Student Success 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, the proposal shall be passed directly to the Vice President’s office for consideration and deliberation. The SGA president, upon delivering the recommendation to the Vice President’s office, shall also forward copies to the director of student conduct and academic integrity and the chair of the university council for information purposes only. The Vice President 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 University hearing panel or hearing officer, 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 University hearing panel or hearing officer, 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. Other educational or developmental remedies: imposed by the University hearing panel or any hearing officer.
11. Retraction of University degree or course credit previously awarded: The University may retract a degree or course credit previously awarded if the University Hearing panel or hearing officer recommends this sanction and both the Provost/VPAA and Registrar accept the recommendation.

B. For Student Organizations

1. Includes disciplinary sanctions 7, 8, 9 and 10 listed above.
2. Restriction of social or other activities sponsored by the organization.
3. Suspension of the organization’s registration with Student Life.
4. Probated suspension of the organization’s registration with Student Life.
5. Revocation of the organization’s registration with Student Life.
6. Probated revocation of the organization’s registration with Student Life.

C. Academic Dishonesty

Any accused student found to have violated KSU regulations concerning academic honesty by an SCAI hearing before a University hearing panel or before a hearing officer, shall be suspended for at least one semester unless he or she has convinced the hearing body or hearing officer that there exist substantial mitigating circumstances to his or 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, or his or her designated representative, when he or she shall determine, based on clear and convincing evidence, that the student has engaged, or threatens to engage, in behavior which:

a. is seriously disruptive or significantly impedes the normal activities or academic endeavors of others, or
b. poses an immediate significant threat of physical danger to others, or
c. 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 student conduct procedures allow.

For interim suspension purposes, the designated representative of the Vice President for Student Success may be the Dean of Student Success, the Director of Student Success Services, or the Director of Residence Life.

Interim suspension may include any or all of the following:

a. restriction from participation in any academic course, program, or activity;
b. restriction from participation in any student activity on or off campus;
c. restriction from use of any or all University facilities;
d. restriction from entering the campus or any designated portion thereof.
In such instances, the process outlined for interim suspension in the university SCAI Department procedures shall be followed.

Kennesaw State University’s Student Code of Conduct, SCAI 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 SCAI 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 Student Conduct and Academic Integrity (SCAI) Department and submit the proper documentation. A university SCAI 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 SCAI policies and procedures, which includes participation in investigations related to the charges and in the hearing process. If a university panel hearing date is set, both the accuser and the accused student will have the option of obtaining an advisor from the SCAI panel to assist in the preparation and presentation of their case. A detailed description of the hearing process is found at the SCAI misconduct procedures Web site, http://www.kennesaw.edu/scai/misconduct_procedures.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 on the SCAI webpage at http://www.kennesaw.edu/scai, 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 Student Conduct and Academic Integrity (SCAI) Department which will result in a hearing.

In either situation, whether the matter is handled informally or forwarded to the SCAI for handling, the faculty member should document the incident on an Academic Misconduct Incident Report form, and forward this information to the university SCAI Department. Incident reports which are submitted to the SCAI will by kept confidential 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 an SCAI 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 SCAI for a hearing. Academic misconduct, as determined by an SCAI 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. 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 SCAI Web site, http://www.kennesaw.edu/scai/code_of_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 or b) is disruptive to the academic functioning of the institution.
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.
5. Harassment/Bullying/Intimidation
   No student shall harass, bully, or intimidate another person in any manner or by any method, including, but not limited to, harassment, bullying, or intimidation done by electronic device, sometimes called “cyberbullying.” Harassment, bullying, or intimidation is the placing of another person in reasonable fear of his or her personal safety through words or actions directed at that person, or a course of conduct that a reasonable person would consider so severe and pervasive as to interfere with the working, learning, or living environment of another.

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 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 SCAI Department using the Student Misconduct Incident Report Form: http://www.kennesaw.edu/scai/docs/general_misconduct_form.doc

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, 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 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, (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 student conduct procedures allow.

Interim suspension may include any or all of the following: (1) restriction from participating 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.

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 Student Conduct and Academic Integrity (SCAI) Department - (770) 499-3403.
2. Vice President for Student Success - (770) 423-6310.
3. Director of University Police - (770) 423-6206.
4. Dean of Student Success-(770) 423-6310
5. The KSU Student Code of Conduct
6. The University SCAI webpage (which includes all rules, policies and procedures related to the Student Conduct and Academic Integrity) at http://www.kennesaw.edu/scai/
    

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 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 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 only 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 possible 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 Dean of Student Success. 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 SCAI Department, Student Center Suite 253, 770-499-3403.

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 at subsection III R of KSU Student Code of Conduct for more information. http://www.kennesaw.edu/scai/code_of_conduct.shtml#iii

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 student conduct 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 Student Life Department at the beginning of 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 Department of Student Life by the designated monitor(s), generally the faculty or staff advisor, verbally within 24 hours of returning to campus and followed by a written report within 3 business days. Student Life will send the report to the Student Conduct and Academic Integrity (SCAI) Department for possible disciplinary action. 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 Dean of Student Success within one business day of the occurrence. The Dean of Student Success shall then be responsible for referring the matter to SCAI for possible 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/or 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, Faculty 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

A. 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.

B. 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 Life and referral to the appropriate federal, state, or local authorities for prosecution in the courts.

C. When there is an alcohol or drug infraction, in addition to any criminal prosecution or university student code of conduct sanction, a student who is a member of a university athletic team may face additional sanctions based on rules established by the NCAA, athletics department, or 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 Counseling and Psychological Services (CPS) Center, (770) 423-6600 is located on the second floor of Kennesaw Hall. The Center has eleven professional counselors available to work with students who have mental health problems and issues associated with alcohol and/or drug abuse. At present one CPS counselor is designated as the Substance Abuse Specialist and has been certified in Prime for Life. For counseling matters directly related to AOD abuse and dependence, referrals are made to the Collegiate Recovery Center (CRC) where a counselor is on hand who specializes in addiction education, prevention, and counseling.

Two counselors specializing in Substance Abuse and Addiction co-lead an alcohol and other drug class for students found responsible for first time alcohol and/or other drug related code of conduct violations as mandated by the Department of Student Conduct and Academic Integrity. CPS and the Collegiate Recovery Center also perform in-house evaluations for alcohol and drug abuse and use the SASSI-3 Substance Abuse Subtle Screening Inventory as well for alcohol abuse screening. CPS and the CRC maintain a listing of referral agencies for off-campus assistance when such assistance is more appropriate. CPS and CRC services are available to all enrolled students. Two counselors currently serve as co-facilitators for the campus AOD Education and Prevention Coalition. This coalition provides many AOD services including writing of AOD campus policies, conducting research and grant writing, assessing environmental issues and establishing AOD educational programs.

The Collegiate Recovery Center is home to four on-campus 12 step meetings per week, an open monthly meeting called Celebration Recovery where students in recovery share their story with others and one weekly AOD process group called SMART recovery. The CRC has developed Alcohol and Other Drug educational workshops that it has presented in multiple cross major settings, it has trained peer educators to present about AOD issues to the incoming freshman class, and it has presented to the Greek Life, Student Athletes and other high-risk populations. Clinical professionals provide education regarding prevention and assist students with referrals for treatment in the community The CRC is located in University College Room 222. The telephone number is 678-797-2538 or email recovery@kennesaw.edu.

The Department of Human Resources, (770) 423-6030, is located in the Campus Services Building. The Drug-Free Workplace coordinator is the Assistant Vice President 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 Horizon Health and may be accessed 24 hours a day, toll free, at 1-877-851-1631. Additional information can be found at http://www.kennesaw.edu/hr/ben_eap.shtml.

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. The Center encourages students and employees to assume more responsibility for their health and well-being. The Center’s primary goal is to enhance and provide a balance in the intellectual, emotional, physical, social, environmental, and spiritual development of the whole person. They also strive to provide an environment that is supportive of positive health practices. Programming focuses on helping students and employees reduce lifestyle risk factors. The Wellness Center 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 Center also received Young Adult Program grants from the Georgia Governor’s Office of Highway Safety since 2008. This grant is used to promote education and awareness to young adults about safety issues, such as but not limited to, underage drinking, impaired driving, destructive decisions, and other high risk behaviors in order to decrease crashes, injuries, and fatalities in young adult drivers and passengers.

The KSU Health Clinic, (770) 423-6644, is located on Campus Loop Road, House 52, across from University Place Housing on the south part of campus. There is also a satellite office located near the residence halls on the north part of the campus: The Village Walk-In Clinic, Village Suites, building #37. The clinics provide services to all KSU students. Alcohol and drug use and abuse programming is presented in conjunction with the Wellness Center. A query is made regarding alcohol and drug use as part of the student’s initial health assessment and is reviewed by medical professionals at the time of student’s visit to the clinic. Medical professionals provide education regarding prevention and assist students with referrals for treatment in the community.

The Department of Residence Life, (770) 420-4388, is located in the University Village Suites to better serve the residential population, and in particular the first-year residents. The office is on the terrace level of the 3000 Building of the University Village Suites, Room 3051. It provides AOD education to residential students on a continuing basis throughout the year through programs presented in both small and large group settings.

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 Department also has established a community policing office, the North Precinct, located in building 6000 of University Village residential housing, adjacent to the North Deck parking area. 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.

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).

This policy applies to any student who withdraws from the University for medical or psychological reasons. This policy and procedures are to be used to help transition a student to a safer and/or more conducive environment when remaining at the university is not in the best interests of the student or the university community. This policy encourages a student to withdraw voluntarily when medical conditions or psychological distress make a withdrawal necessary and seeks to ease that transition and potential eventual return to the university. In those times where encouragement to the student to withdraw voluntarily has not been successful, involuntary withdrawal under this policy may be implemented. A Dean of Student Success Hold will be placed on the account of any student who withdraws for medical or psychological reasons. 

I. Student-Initiated Withdrawal

Students may voluntarily withdraw from the University for any reason prior to the Deadline to Withdraw Without Academic Penalty. The Dean of Student Success (or designee) may grant a medical withdrawal after the Deadline to Withdraw Without Academic Penalty has passed to students who are able to demonstrate medical or psychological reasons by clear and convincing evidence. Grade appeals for any reason and withdrawals for other forms of hardship (i.e., not related to physical or mental health) are addressed in a separate policy. Except under unusual circumstances, withdrawals for medical or psychological reasons must be made for all courses. An approved medical or psychological withdrawal will result in a grade of W for all courses and the procedures for tuition and fee reimbursement outlined in the KSU Catalog will be followed. Medical withdrawals will be granted for a specified period and return may be contingent on the satisfaction of certain conditions. A student withdrawal agreement will specify the reasons for and period of withdrawal, detail any conditions necessary for reinstatement, and provide that a hold will be placed on the student’s registration status until the student is eligible for reinstatement.

II. University-Initiated Withdrawal

If a student is behaving in a way that is threatening to the student or others, or that significantly interferes with the student’s education or the rights of others, the Dean of Student Success (or designee) may initiate these procedures. The Dean of Student Success (or designee) shall determine, on a case by case basis, what is sufficiently threatening and/or disruptive to warrant invoking this procedure.

The first step will be to determine an appropriate initial action. The primary alternatives for initial action are as follows, but these do not preclude other actions based on a specific situation.

1. Continue at the university with no restrictions. The university may take no action if it is decided, based on review of the referral information or other information presented, that the student may be allowed to continue with no restrictions. In those cases, care should be taken to provide opportunities for the student to be advised of accommodations and supportive services that are available. In cases where there are conduct actions pending, those actions should go forward.
2. Continue in university pending further proceedings. The university may require that the student meet certain conditions regarding the student’s behavior over a specified period of time if he/she is to remain enrolled. Such conditions here could include, for example, stopping classroom disruptiveness, or continuing only if the student avails him or herself of supportive services or accommodation arrangements. Failure to comply with the conditions, coupled with further disruptive behavior, may result in having additional conduct complaints added to any that were previously pending or deferred. At no point will the university engage in a behavioral contract or agreement with a student whose behaviors indicate harm or danger to themselves or any member of the community.
3. Remaining enrolled at the university subject to conditions but without eligibility to remain in campus housing. Under certain circumstances, where other students’ living and learning environment is very likely to be disrupted by a student’s behavior, the Director of Residence Life will have the option of allocating alternative and more suitable living accommodations if such are available, or removing a student from campus housing on an interim basis.
4. Interim Suspension. If there is sufficient disruptive or threatening behavior, or behaviors that are assaultive, suicidal, self-injurious or self-neglectful which present an imminent risk of injury to the student or others, the student may be suspended.

III. Standard for Interim Suspension

Interim suspension, under the Code of Conduct, may be imposed by the Dean of Student Success (or designee) when necessary to (a) protect the health and safety of a student or of the community, when investigating a conduct violation, (b) to allow time for a behavioral mental health assessment or evaluation, or (c) when a student fails to participate in the process. Interim suspension will be used for periods of time pending a hearing for a Code of Conduct violation or Involuntary Withdrawal.

A. Interim Suspension Review

Students who are suspended on an interim basis may petition the Dean of Student Success (or designee) for a review to show cause why they should not be suspended on an interim basis. This proceeding will be limited to:

1. the reliability of the information concerning the student’s behavior;
2. whether the student’s behavior poses a danger of causing substantial, serious harm to the student or others, causing property damage, or directly impeding the lawful activities of others;
3. whether the student has completed an evaluation, in accordance with the standards and procedures.

In the event that a student does not or is unable (e.g., incarcerated, hospitalized) to initiate a review, the Dean of Student Success (or designee) will conduct an administrative review of the available evidence within 5 days of the initiation of the suspension. The sole decisions to be made at the review are whether interim medical suspension should be continued or modified, and whether medical withdrawal should remain in consideration.

IV. Standard for Involuntary Medical/Psychological Withdrawal

University may withdraw a student if it is determined, by a preponderance of the evidence (that it is more likely than not) that the student is engaging in or threatening to engage in behavior which (a) poses a substantial danger of causing imminent harm to the student, to others or to substantial property rights, or (b) renders the student unable to engage in basic required activities necessary to obtain an education (including, but not limited to, the inability to attend or complete academic courses or coursework; or, when considered with other facts, the inability to attend to the student’s own basic, daily hygienic requirements) or (c) substantially impedes the lawful activities of others.

A. Standard for Separating a Student on the Basis of Behaviors Resulting from a Condition of Disability

Students who have self-disclosed and provided documentation to the University of a disability that meets the requirements of KSU and the University System of Georgia are afforded the rights and protections defined in Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. A student who is under consideration for involuntary medical/psychological withdrawal may request that the Dean of Student Success (or designee) consider whether the documented disability is a significant factor in the behavior in question. When a student invokes disability status as a mitigating factor, the following considerations will apply:

1. Behavior that poses or is likely to pose a substantial danger of causing imminent harm to the student or others (i.e., a direct threat) renders the student not otherwise qualified to continue his/her relationship with the University. A student who is not otherwise qualified to attend the University is not entitled to reasonable accommodations as a result of the disability.

a. A direct threat exists when a student poses a significant risk to the health or safety of themselves or others. A significant risk constitutes a high probability of substantial harm. Significance will be determined by:

i. The duration of the risk;
ii. The nature and severity of the potential harm;
iii. The likelihood that the potential harm will occur; and
iv. The imminence of the potential harm.
b. Determining whether a student poses a direct threat requires an objective and individualized assessment and due process hearing. The assessment shall be based on a reasonable medical or mental health judgment, other relevant objective evidence and the totality of the circumstances. This standard also applies to hearings on the reinstatement of a student who has been withdrawn.

2. If a student has a disability that has been properly recognized by the University, and the student engaged in behavior that is deemed disruptive but not likely to lead to imminent harm, the University may provide reasonable accommodations in an effort to mediate the effects of the disability on the student’s participation in University programs. The Dean of Student Success, in consultation with other professionals on and off campus, will develop an accommodation plan that affords the student a reasonable opportunity to continue at the University while supporting the need to maintain an academic environment that is orderly, civil, and conducive to learning.

3. If the student continues to cause significant disruption to the University environment even with appropriate accommodations, the student may be subject to involuntary withdrawal proceedings as defined above.

B. Status of Code of Conduct Proceedings

If the student has been accused of a violation of the Conduct Code, but it appears that the student is not capable of understanding the nature or wrongfulness of the action, this medical withdrawal policy may be activated prior to issuance of a determination in the conduct process.

If the student is ordered to be medically withdrawn from the university, or another action is taken under these provisions following a finding that the student’s behavior was the result of a lack of capacity, such action terminates the pending conduct action. If the student is found not to be subject to medical withdrawal or other action under this section, conduct proceedings may be resumed.

C. Referral for Assessment or Evaluation

The Dean of Student Success (or designee) or Behavioral Response Team may refer or mandate a student for evaluation by a campus or independent licensed psychiatrist or psychologist (LPC, LCSW, etc.) chosen or approved by the institution if it is believed that the student may meet the criteria set forth in this policy or if a student subject to conduct proceedings provides notification that information concerning a mental/behavioral disorder will be introduced. The referral for evaluation will require the student to provide the results to the appropriate administrators.

Students referred or mandated for evaluation will be so informed in writing with personal and/or delivery via KSU student email, and will be given a copy of these standards and procedures. The evaluation must be completed within 5 business days from the date of the referral letter, unless an extension is granted by the office of the Dean of Student Success (or designee). A student who fails to complete the evaluation in accordance with these standards and procedures, or who fails to provide the evaluative results to the appropriate administrators, may be withdrawn on an interim basis, or referred for conduct action, or both.

V. Involuntary Medical Withdrawal Hearing Procedures

If the medical evaluation or administrative assessment supports the need for medical withdrawal, a hearing will be scheduled before the Dean of Student Success (or designee) who may consult with appropriate medical or mental health professionals (e.g., representatives of the Student Health Center or Counseling & Psychological Services Center). The student will be informed via their KSU student email account, which is the official means of communication between the university and its students. The student will be given at least 2 business days prior to the hearing to independently review the psychological or psychiatric evaluation and any other evidence that will be presented in support of involuntary withdrawal. In addition, the student will be notified of who is expected to present information at the hearing, and is expected to notify the Dean of Student Success (or designee) in advance of any witnesses the student expects to bring. The student is entitled to call medical experts or other expert witnesses, and the university may do so as well. The student may consult with an advisor throughout this process, and the Dean of Student Success (or designee) has the discretion to permit an advisor to be present at the hearing. The role of the advisor is to advise rather than actively represent the student.

If the evaluation does not support medical withdrawal, the Dean of Student Success (or designee) will notify the student within 5 business days. If other action is pending, the appropriate individuals will be notified and will proceed with their actions. The student and the student’s representatives may present information for or against involuntary medical withdrawal and will be given the opportunity to ask questions of others presenting information. The hearing will be conversational and non-adversarial; however the Dean of Student Success or other designated person in charge of the hearing will exercise active control over the proceeding, to include deciding who may present information. Formal rules of evidence will not apply. Anyone who disrupts the hearing may be excluded.

A written decision will be rendered by Dean of Student Success (or designee) within 5 business days, stating the reasons for its determination. The decision will be delivered via their KSU student email account. If the student is withdrawn, the notification will include information concerning when reapplication may be made, as well as specifying any conditions of reinstatement. The decision of the Dean of Student Success, or designee, is subject to appeal to the Vice President for Student Success. A recording of the proceeding will be kept.

VI. Appeal

A decision in favor of withdrawal can be appealed within 5 business days of receiving the written decision of withdrawal. The withdrawal takes effect immediately unless otherwise specified. Appeal requests must be in writing and will be delivered to the appeals officer, who is the Vice President for Student Success (or designee).

If the appeals officer determines that one of the three bases for appeal, below, has been met, a review by the appeals officer will be conducted, at the discretion of the appeals officer. This is the final level of review in the matter.

Except as required to explain the basis of new information, appeals are typically limited to review of the record or transcript of the initial hearing and supporting documents. At the discretion of the appeals officer, witnesses may be called, or a rehearing held, for one or more of the following purposes:

1. There were procedural errors in the process (a procedure error occurs when there is not substantial compliance with KSU policies and procedures as published on the KSU website);
2. Significant new information or evidence becomes available that was not available or known to exist as of the hearing date and that evidence would likely have influenced the original decision;
3. There were substantive errors in the decision (a substantive error occurs when there was no evidence to justify a withdrawal decision or other means of supporting the student that may have prevented the need for withdrawal were not adequately considered)

The Vice President of Student Success (or designee) may support or change a decision and/or modify a withdrawal determination, making changes only if a compelling justification to do so exists. The appeal outcome will be communicated via the student’s KSU email account and will typically be issued no more than 5 business days after the appeal is requested. 

VII. Reinstatement

A student seeking reinstatement who has been medically withdrawn must petition the Dean of Student Success (or designee) for reinstatement, and may not reenter the university without providing competent medical evidence that:

1. the medical/psychological condition no longer exists; or
2. the medical/psychological condition is sufficiently under treatment so as to remove any substantial likelihood of reoccurrence of the situation which caused medical withdrawal; and
3. the student is no longer a direct threat.

In addition to the information that a student seeking reinstatement submits, the university may require the student to undergo an evaluation by a licensed physician or psychologist (LPC, LCSW, etc.) of the university’s choosing. The results of such evaluation must be disclosed to appropriate university personnel.

In addition to any requirements set forth by the University for readmission under this policy, the general readmission policies and procedures of the university will be followed.

A medical withdrawal is not considered a conduct action, though a prior medical withdrawal may be considered in subsequent conduct hearings involving the student.

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 SS (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 advisor 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 advisor 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 and Academic Integrity (formerly Office of Judiciary Programs).

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