Statement of Student Rights and Responsibilities

Students of Kennesaw State University 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 section. By doing so, students may fulfill their responsibilities and enjoy the exercise of their own rights while also respecting the rights of others.

 KSU Student Media and the student press are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration on the campus. They are a means of bringing student concerns to the attention of the faculty and institutional authorities and of formulating opinions on various issues on the campus and in the world at large. In response to the editorial responsibility of students, the University must provide sufficient editorial freedom and sufficient financial autonomy for the student media to maintain their integrity of purpose as vehicles for free inquiry and free expression in an academic community. KSU Student Media are designated public forums. Student editors and managers have the authority to make all content decisions without censorship or advance approval.

Institutional authorities, in consultation with students and faculty, have a responsibility to provide written clarification of the role of student media/publications, the standards to be used in their evaluation, and the limitations on external control of their operation. At the same time, the editorial freedom of student editors and managers entail corollary responsibilities to be governed by the canons of responsible journalism, such as avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. As safeguards for the editorial freedom of student media, the following provisions are necessary:

1. The student press should be free of censorship and advance approval of copy, and its editors and managers should be free to develop their own editorial policies and news coverage.
2. Editors and managers of student media should be protected from arbitrary suspension and removal because of student, faculty, administrative or public disapproval of editorial policy or content. Only for proper and stated causes should editors and managers be subject to removal and then by orderly and prescribed procedures. The agency responsible for the appointment of editors should be the agency responsible for their removal.
3. All college published, broadcast and financed student media should explicitly state on the editorial page and broadcasts that opinions expressed are not necessarily those of Kennesaw State University or the student body.

For complete policies concerning KSU Student Media, contact Ed Bonza (Adviser) and Associate Director of the Department of Student Life) at 770-499-3083.

Kennesaw State University recognizes and upholds First Amendment rights of Freedom of Speech and Assembly. Demonstrations and assemblies can be valid expression 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, student body and community to refrain from and discourage behaviors that threaten the rights, freedoms and respect every individual deserves. The following administrative procedures and guidelines are intended to support the rights and freedoms of individuals and to clarify the duties and responsibilities expected of faculty, staff, students, student organizations and visitors. Scope – This policy shall apply to all non-commercial speech on the Kennesaw State University campus and other KSU facilities. (Commercial speech is regulated by the campus solicitation policies.) Any visiting person or group who desires to use the campus for an assembly or expression event must submit a completed Freedom of Assembly and Expression Policy & Request Form at least five business days in advance of the event. Request forms are only available online at ksustudent.com. This form must be authorized by the Director of the Department of Student Life or his/her designee and approved by the Vice President for Student Success. Upon approval of a request, applicants must agree to the guidelines and provisions:

• Kennesaw State University has designated locations for assemblies, demonstrations and protest activities. Applicants must use the marked area for the purpose of the activity. KSU neither encourages or discourages, or otherwise endorses, these activities and protected forms of expression.
• These activities may be conducted Mondays, Wednesdays, or Fridays from 10:00 to 11:30 AM with the exception of the first week of classes each semester, Homecoming Week, KSU Day and final exam week of each semester.
• Individuals or groups are limited to three scheduled activities per month so that opportunities are available for other applicants to use the area. Requests are handled on a first-come, first-serve basis. Once scheduled, if you cannot use the space, please cancel at least by the day before the scheduled date.
• All participants must stay within the marked area, and not obstruct, disrupt or interfere with authorized and scheduled university activities.
• Kennesaw State University cannot be held responsible for the safety of children participating in an event. Persons under the age of twelve (12) should not participate in the event or be within the marked area. All children must be accompanied by an adult.
• Sound amplification (including microphones or bullhorns) is not permitted due to the disruption of classes and other academic and administrative functions of the institution. There will be no use of motorized vehicles. Kennesaw State University equipment will not be available for assemblies, demonstrations and protest activities.
• The individuals or groups are required to remove signs, placards, litter and other materials when the approved activity period ends.
• The university has the right to differentiate between regularly scheduled academic or co-curricular activities and other assemblies, demonstrations or protests.
• Compliance with the Kennesaw State University student conduct regulations, Kennesaw State University policies and procedures, state laws of Georgia, and federal laws is required.
• The university reserves the right to refuse to permit individuals or groups to assemble, demonstrate or protest if the individuals or groups refuse to abide by these administrative procedures and guidelines.
• The university reserves the right to alter these administrative procedures and guidelines if necessary to ensure the academic as well as personal rights of the students, faculty and staff of Kennesaw State University.
• The authorized representative and/or person in charge is required to sign in compliance with these administrative procedures and guidelines; to acknowledge that the university will not be held responsible for the actions of participants in the assembly, demonstration or protest; and to agree to make restitution for any litter or property damage that occurs due to the activity.
• The Kennesaw State University Office of Public Safety and other appropriate administrators will be notified upon receipt of the request for permission to use the campus for assembly or expression. The Freedom of Assembly and Expression Policy & Request Form is a public record and will be released to interested parties.

Students of Kennesaw State University are entitled to an environment that is conducive to learning and individual growth. Please be aware of KSU’s Interpersonal Relations & Non-Discrimination Position Statements & Policies and our Student Code of Conduct regarding Disruption of Campus Life.

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

Solicitation is not allowed on campus by private businesses. However, during the school year, KSU Student Media hosts “Market Day” which is an opportunity for vendors to come to campus. Visit ksusm.com for more information. Due to a lack of space, KSU does not allow area magazine/newspaper publishers to distribute their materials without supervision unless they provide their own racks. Papers/magazines that are left on the floor in bundles will be discarded. Publishers must make arrangements to have the rack placed on campus and must also take responsibility to remove old publications and place new ones.

Copyright Compliance & Fair Use

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright specific exclusive rights. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. There are specific limitations on these rights established in the law. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use.” For a complete list of copyright holder rights and more information on fair use, visit the KSU Copyright Management Center at kennesaw.edu/library/copyright/index.htm.

KSU Computer Usage Policy

An individual’s use of computing resources in a university environment is not an absolute, personal right; rather it is a privilege conditional on the individual’s compliance with state and federal laws, campus policy, and general acceptable use. The Computer Usage Policy seeks to define what constitutes acceptable and unacceptable use of Kennesaw State University computing facilities and resources. In using the computing resources of Kennesaw State University, the user agrees to abide by all applicable University Policies & Procedures as well as all applicable local, state, & federal laws. Kennesaw State University reserves the right to review any account and files created on university resources. Kennesaw State University access accounts are issued solely in support of the mission of the organization. This includes activities which are considered educational, but may not strictly relate to course content. A list of guidelines for the acceptable use of computing resources and facilities at Kennesaw State University is available at its.kennesaw.edu/infosec/docs.php?id=policy/ComputerUsage. If you are not sure whether something is allowed, you are encouraged to contact the Kennesaw State University Help Desk to advise you on whether your task is a legitimate use of your account.

Information Technology Services expects fair and responsible usage of KSU Computing resources. In the case of abuse, the rights of the users can be suspended. Technology controls permit the logging of activities on University computer systems, and systems are regularly monitored for unauthorized use. If you have questions regarding proper usage, assistance should be sought through the Kennesaw State University Help Desk.

Individuals using KSU Computing resources are prohibited from use of the system to commit a criminal act. This includes (but not limited to) unauthorized access or attempt to access other systems, the implementation of any virus or malicious program, downloading and/or distribution of music, movies, or any other electronic media in which legal copyright is not owned, or any use of the system to plan, commit, or exploit criminal activities. As with any other type of misconduct, incidents of computer misuse and abuse are dealt with in accordance with the judicial policy outlined in the University Catalog.

Punishments may include fines, academic suspension, expulsion, and possibly incarcerations. Violations of local, state, and/or federal laws will be turned over to the Kennesaw State University Department of Public Safety. Individuals in violation of this policy are subject to a range of sanctions including, but not limited to, the loss of computer or network access privileges, disciplinary action, dismissal from the University, and/or legal action. Some violations may constitute criminal offenses, as outlined in the Georgia Computer Systems Protection Act and other local, state, and federal laws.

The Georgia Computer Systems Protection Act: The Act was signed into law on July 1, 1991 and establishes certain acts involving computer fraud or abuse as crimes punishable by defined fines, imprisonment, or both. The Act specifically defines common computer misuse scenarios such as computer theft, computer trespass, invasion of privacy, forgery, and password disclosure. The Georgia Computer System Protection Act is available, in its entirety, at www1.legis.ga.gov/legis/2003_04/fulltext/sb103.htm

Policy Violations: If an employee or student witnesses any violation of policy they should report it directly to ITS via abuse@kennesaw.edu. If any employee or student witnesses a criminal act, they should notify KSU Public Safety.

Updates available at kennesaw.edu/parking

A. Authority:
Kennesaw State University adopts these regulations pursuant to the authority conferred upon the Board of Regents to regulate the University System of Georgia Campus Traffic, Official Code of Georgia Annotated (OCGA), Title 20. These regulations supersede all previous KSU Parking and Traffic Regulations pertaining to motor vehicle parking on campus.

B. Application:
These regulations apply to all persons operating motor vehicles at Kennesaw State University and become part of the terms and conditions accepted by all persons permitted to operate motor vehicles on campus. Students, faculty and staff shall not park any motor vehicle on campus unless qualified to do so under applicable state law and KSU regulations. The campus includes that property owned or leased by the Board of Regents and designated as Kennesaw State University. For the purpose of these regulations, a “motor vehicle” is a conveyance with two or more wheels propelled by an electric or fuel-burning motor.

C. Display of KSU Parking Permits:
All vehicles on campus must display a valid KSU parking permit unless parked in a designated visitor parking area. Vehicles without a valid permit will be ticketed and/or booted, and/or towed. Students should check kennesaw.edu/parking or kennesaw.edu/cardservices for specific information on parking permits. One-day passes are available as appropriate by visiting the Welcome Center at the visitor lot. It is the responsibility of all KSU employees and students to review and abide by the Parking Policies and Procedures.

D. Parking Regulations:
In order to facilitate a safe and orderly flow of traffic on campus, KSU adopts in full all the statutes and provisions of OCGA, Title 40, Article 10, regarding “Stopping, Standing and Parking.” When appropriate, curbs may be painted yellow to designate restricted parking as set forth by Georgia law; however, the lack of yellow curbing or restricted parking signs is not a defense for those charged with violations of state or campus parking regulations. Parking is not permitted on the grass, on sidewalks, in driveways or any other area not designated for parking. Reserved parking areas include but are not limited to “faculty and staff reserved” lots, loading zones, visitor spaces and other areas marked reserved for specific persons or functions. Areas so marked are reserved at all times, unless otherwise specified. Drivers of private vehicles may use loading zones during actual loading and unloading of heavy or bulky material (30 minutes or less) with four-way flashers activated and a note with driver’s name and location left on the dashboard.

KSU will vigorously enforce Georgia’s “Parking Law for Persons with Disabilities” in accordance with OCGA 40-6-226. Drivers of vehicles parked in spaces designated for persons with disabilities must have valid license plate or display on their dashboard (in full view) or hung from their rear view mirror the official permit issued by the Georgia State Patrol for persons with disabilities.

An illegally parked vehicle may be impounded without notice and at the owner’s expense if it presents a hazard to motorists or is obstructing traffic. Other vehicles subject to immediate impound include, but are not limited to, those parked in marked “Tow Away Zones,” those parked in spots reserved for specific persons or for a numbered carpool, and those receiving three or more parking citations. A vehicle is subject to impound immediately upon receiving the third citation. Although the University assumes no liability for damage or losses incurred as a result of such impound, KSU parking shall attempt to inventory the contents of impounded vehicle(s) in order to account for any and all valuables contained therein. No attempt to gain entry for inventory purposes will be attempted when said vehicle(s) is locked with all windows secured. An impounded vehicle will be released to the legal owner upon presentation of proof of ownership. The legal owner of the vehicle is responsible for all towing and storage charges pertaining to the impound. Occasionally a driver will park illegally and then place an old or misappropriated citation on his/her windshield in an attempt to avoid a new ticket. To discourage this behavior, such vehicle is subject to immediate impound. The fine schedule for campus parking violations may be modified annually by KSU Parking and is made available through the Bursar’s Office and on the parking web site. Unpaid fines may result in local sanctions, such as holds on class registration and release of records, and/or referral to outside collection agencies.

E. Parking Citation Appeals:
Information on appealing parking tickets may be found online at kennesaw.edu/parking and/or the website for the Department of Student Conduct and Academic Integrity kennesaw.edu/SCAI. Information may also be obtained over the phone by calling the respective departments (770-499-3403 for SCAI or 770-423-6506 for the Department of Parking & Transportation). Please note that tickets must be appealed within fourteen (14) calendar days from the date on which they are issued; furthermore, any ticket not paid within thirty calendar days (whether appealed or not) may accrue a late fee as explained on the ticket.

F. Traffic Regulations:

1. Traffic safety on campus is everyone’s responsibility. Students, staff and faculty are expected to obey all traffic laws and practice safe driving habits while operating motor vehicles at Kennesaw State University. The speed limit is 25 MPH campus-wide (unless otherwise indicated), except in parking lots where it is 5 MPH. The University is public property and all of the streets in and around campus are deemed public highways. Anyone operating a motor vehicle in violation of Georgia law may be required to answer charges in State Court.
2. Pursuant to the Official Code of Georgia Annotated, Title 20, the KSU Police are charged with enforcing traffic laws on campus. They are fully empowered to make traffic arrests for offenses committed within their jurisdiction. Questions regarding Uniform Traffic Citations may be addressed to the State Court of Cobb County, Traffic Violations Bureau.
3. KSU Police will investigate all motor vehicle accidents occurring on campus. For purposes of documentation, drivers are urged not to move their vehicles until after the arrival of an officer. Copies of accident reports are usually available on the fourth business day following the accident.
4. The Central Parking Deck is closed every weekend, unless otherwise announced. Gates are locked each Friday at 5:30 PM. Please remove your vehicle before 5:30 PM on Fridays. If your vehicle is locked in the Central Deck over the weekend, you may contact Public Safety at 770-423-6206.

G. Parking Selection:
Students are eligible to select their preferred parking area as soon as they register for fall classes. Each area will have a pre-determined number of available permits assigned to it, so you should select your desired parking area immediately after you register to ensure you receive the parking location that best meets your particular schedule. Students will receive a new hangtag specific to the parking area they choose and will only have access to the parking areas that correspond to their hangtags. On-campus residential student parking options will default to their area of residence. Residential students are required to park only in the lots associated with their residence except on open parking days. Students may opt out of the parking permit fee by agreeing to not bring a vehicle on campus. Students who wish to opt out of parking for fall 2013 are required to visit the Card Services office in person. If you currently have a hangtag, you must return that hangtag to Card Services to avoid the parking fee. If the hangtag is not returned, your Owl Express account will be assessed the full $83 parking fee.

All students are still required to pay the $60 infrastructure fee associated with the parking fees. This fee is mandatory to ensure continued development of our parking program from year to year.

The deadline to opt out for fall 2013 is Monday, September 16, 2013. Up until this date, you will receive a full refund of the parking permit fee when you opt out. After that deadline, no refunds will be issued.

IMPORTANT: A parking selection must be made by every student. If a parking area is not selected, by system default, your account will be charged the full $83 permit fee but you will NOT receive a parking permit. You will then be required to go to Card Services to make a selection and get your permit or to opt out of parking. The parking permit fee on your account will be adjusted based on the parking area selected. Parking selections will carry over from the fall to spring semesters, so there is no need to make a selection for the spring semesters unless a change is desired. More information is available on the Parking & Transportation website at kennesaw.edu/parking. Questions should be sent to parking@kennesaw.edu.

H. KSU Shuttle:
KSU has a shuttle service (called B.O.B. – the Big Owl Bus) that runs Monday thru Thursday 7:00 AM – 11:00 PM and Friday 7:00 AM - 6:30 PM (hours of operation are subject to change based on demand). The shuttle will not run on weekends, during class breaks, or over the summer. Anyone with a valid KSU ID is eligible to ride the shuttle. For more information on the shuttle program, route information or to sign up to park off-campus, please visit our website at kennesaw.edu/shuttles.

Crime Prevention & Personal Safety Programs

KSU police sponsors many educational programs on sexual assault awareness and prevention; personal safety and security; date rape; campus safety; and self-defense. Scheduled classes are advertised on the KSU police website kennesaw.edu/police KSU Police regularly speak to classes and student groups. Topics discussed can be tailored to the event or class including: crime prevention, campus safety, sexual assault/stalking, active shooter response options, and alcohol/drug prevention. To schedule an officer to speak to your class or group, e-mail the request to safensound@kennesaw.edu.

R.A.D. (Rape Aggression Defense) and S.A.F.E. (Self-defense Awareness and Familiarization Exchange). The classes consist of a lecture portion on personal safety followed by hands-on tactical self-defense training. Classes are advertised on the KSU Police website and through KSU student e-mail and on the KSU Police Facebook page at facebook.com/KSU.Police1. Kennesaw State University realizes that your safety is of major concern. The Annual Security Report, the Safe and Sound brochure contains information on campus crime statistics and campus safety policies. Updated brochures are available each October, per the Clery Act, a federal law, at kennesaw.edu/police

Reporting Criminal Activity & Emergencies

If you are involved in or witness a crime or emergency, you should report the incident immediately either by telephone at 770-423-6666, or by use of one of the emergency phones located in the parking lots, parking decks, buildings, along several streets on campus, and in the residential areas. Non-emergency reporting of criminal or suspicious activity may be reported confidentially by calling the Tipster Line at 770-423-6305. KSU police officers are state certified and have the same power and authority as any police officer in Georgia to arrest and to enforce all state laws. For non-emergency questions, comments or concerns, e-mail safensound@kennesaw.edu.

Reporting Sexual Assault Incidents

Kennesaw State University (“KSU” or the “University”) does not condone and will not tolerate sexual misconduct or sexually exploitative or harassing behavior of any kind. KSU is committed to providing programs, activities, and an educational environment free from sex discrimination. The University has implemented this policy, and affirms our responsibility to:

• Respond promptly and effectively to sex discrimination, especially sexual harassment and sexual violence;
• Take immediate steps to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects; and
• Support all students with appropriate resources no matter their status as accuser or accused.
• The University takes all incidents of sexual misconduct very seriously. If you or someone you know may be the victim of sexual assault or sexual violence, you are strongly urged to immediately report the incident. The incident can be reported 24 hours a day, seven days a week to the University Department of Public Safety (x6666 or 770-423-6666). You may also elect to report the incident to the Cobb County Police Department (770-499-3911). In an emergency, dial 9-1-1. All student, faculty, staff or third party to the University are strongly encouraged to report a complaint of sexual misconduct to the University’s EEO/Title IX Officer, (678) 797-2904 or the Student Conduct and Academic Integrity Office (SCAI) (770) 499-3403, by email, or in person, as soon as reasonably possible to report any sexual misconduct you believe may have occurred. Please refer to the student code of conduct for additional detailed information.

Security & Access to Campus Facilities

No one is allowed access to any campus facility without proper authorization by the appropriate University officials. All requests must be submitted to KSU Events at kennesaw.edu/events. Violators of this policy may be subject to disciplinary measures under the Student Code of Conduct or to criminal trespass charges. KSU police officers regularly patrol all facilities to maintain security and regularly inspect all doors and locks to ensure that they are properly maintained.

Monitoring & Recording Criminal Activity at Off-Campus Events

KSU has no off-campus organizations or housing at this time. When student organizations hold social events off campus, the local law enforcement agency will be responsible for crime prevention and protection and will report any problems to the KSU Police.

Sexual Assault

When a possible sexual assault has occurred, the victim is encouraged to report it immediately to the KSU Police 770-423-6666. 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 criminal prosecution or student conduct proceedings from going forward. The Department of Student Conduct and Academic Integrity (SCAI) should be contacted at 770-499-3403. Students who report sexual assaults to the KSU Police shall be afforded assistance in seeking counseling and follow-up medical care, making reasonable changes to their on campus housing arrangements or academic situations and reporting to the appropriate criminal authorities after an assault has occurred.

KSU 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 that 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 (SCAI) 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 underreport, crimes because (1) the victims are somehow responsible for the commission of crimes against them; (2) victims were contributorily 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. In addition, upon request, KSU will disclose to the victim of a crime of violence, as defined in 18 U.S.C. § 16: US Code, or a non-forcible sex offense (statutory rape or incest) a report on the results of any student conduct disciplinary proceeding taken against the student who was the alleged perpetrator.
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 assailants, including transfer of classes or reasonable changes in on-campus housing arrangements if requested by the victims. Any such request should be communicated to and coordinated by the Office of the Dean of Student Success 770-423-6310 that will work with other departments on campus to effect reasonable and feasible requests.

“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 absence of that cooperation, we will enforce our polices to the fullest, up to and including dismissal.” –President Daniel S. Papp

Kennesaw State University continues its policy of implementing affirmative equal opportunity to all students, employees, and applicants for employment or admission without regard to race, color, religion, sex, sexual orientation, national origin, age, creed, veteran status or physical or mental disabilities. The University shall take affirmative action to ensure fulfillment of the policy including, but not limited to, the following actions: recruitment, enrollment and educational practice; hiring, placement, upgrading, or promotion; treatment during employment; recruitment, advertising or solicitation for employment; rates of pay or other forms of compensation; selection for training; layoff or termination; fringe benefits.

The policy of Kennesaw State University is consistent with the requirements and objectives of Executive Order 11246, as amended, Vietnam Era Veterans Readjustment Act of 1974, as amended, Sections 503 and 504 of the Rehabilitation Act of 1973, The Americans With Disabilities Act 1990, and their implementing regulations. It is the University’s objective to obtain, without discrimination, individuals qualified and/or trainable for positions by virtue of job related standards of education, training experiences or personal qualification. Kennesaw State will provide reasonable accommodation for all employees, students, and applicants for employment with physical and mental limitations. The rights of employees, students and applicants to file a complaint or assist in an affirmative action/equal opportunity investigation or assist in an investigation is recognized and supported by Kennesaw State University. Kennesaw State University policy on equal employment opportunity and affirmative action will be reviewed and revised periodically for the purpose of updating it and measuring the University’s progress against stated objectives. The following persons are responsible for ensuring the compliance and continued affirmative implementation of this policy:

• Provost & Senior Vice Provost for Academic Affairs; Kennesaw Hall (1), fourth floor, 770-423-6023
• Diversity and Inclusion Office; English Building (27), Suite 201, 678-797-2614
• Human Resources Office; ADA Officer (for employees), 504 Coordinator (for employees); 227 Campus Services (35), 770-423-6030
• Sturgis Library (17), Monday thru Friday 8:30 AM – 5:00 PM (except for official holidays)

Grievance Procedures for Admissions, Privacy Rights & 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 SCAI Program. Grievances related to loss of athletic scholarship and other forms of financial aid are heard by the Financial Aid Appeals Committee. If a 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 (see KSU catalog).

Complaints & Grievances Related to Discrimination, Sexual Harassment, Hostile Environment, Retaliatory Harassment and/or Title IX

Please visit the EEO/Title website at kennesaw.edu/eeo for detailed information. You can also contact the EEO/Title IX Office with questions, by phone 678-797-2614 or email eeo@kennesaw.edu.

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.

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

Kennesaw State University is an educational community composed 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. (Approved by the KSU Faculty Senate Feb. 25, 2008)

Kennesaw State University provides program accessibility and reasonable accommodations for persons defined as disabled under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 as amended. 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, disability-accessible parking, assistance with note-taking sign language interpreting or captioning 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. Eligible students deliver certification letters to faculty at the beginning of each semester identifying the accommodations approved for that student. Faculty members are also instructed that they must provide students with special needs appropriate accommodations in a timely manner. The Assistant Director for disAbled Student Support Services will work with faculty members to ensure that students receive appropriate accommodations. A student should notify Disabled Student Support Services in writing within two (2) days of any disagreement between the student and the faculty member if agreed upon academic adjustments are not provided in order to seek a resolution. A student who alleges discrimination on the basis of disability may file a grievance through the University’s established grievance procedures. The following have been designated by the President of the University to provide assistance and ensure compliance with the ADA. Should a student 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. For more information, go to kennesaw.edu/stu_dev/dsss.

The Americans with Disabilities Act defines a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.” (ada.gov/regs2010/titleII_2010/titleII_2010_fr.pdf)

The disabling condition must be severe enough to substantially limit one or more major life activities, such as the ability to see or hear, speak, breathe, learn, work, think or take care of oneself. An animal that meets this definition is considered a service animal and is allowed to accompany the person with a disability to class meetings, services, activities, programs, field trips, or residences and to be allowed anywhere on campus unless specifically prohibited by this policy or federal/state law.

In addition, Georgia law (OCGA 30.4.2) provides that any Partner who is accompanied by a dog in training to be a service dog or a dog being raised to be trained as a service dog is required to be given the same degree of access to which a disabled Handler assisted by a service dog is entitled under applicable federal law. Federal and state law specifically excludes animals whose primary purpose is emotional support, therapy, or comfort from the definition of service animal. For the complete service animal policy and service animal registration forms, go to kennesaw.edu/stu_dev/dsss/servicedogs.html.

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 faculty, administrator, staff or student who is HIV positive.

FERPA – Family Educational Rights & Privacy Act of 1974

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-à-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 official. 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 Road, MB #0116, Kennesaw, GA 30144 or hand deliver the request to the Office of the Registrar 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, Major, Advisor, Dates of Attendance, Degrees Awarded, Participation in Recognized Activities and Sports and 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 (The Family Educational Rights and Privacy Act) for Postsecondary Institutions 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.

1. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the University to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance 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.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5901. ed.gov/policy/gen/guid/fpco/ferpa/index.html

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. In accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974, Kennesaw State University must obtain written consent from a student before releasing or discussing the student records of that student to a third party. Such written consent must be signed and dated by the student, specify the records to be released, state the purpose of the release, and identify the party or class of parties to whom release may be made. Students may complete the “Student Consent Form to Release Information” located on the Office of Registrar forms web page. Student must submit the signed consent form in person with Photo ID to the Office of the Registrar.

Director of Graduate Admissions
Application for Admission
Application Processing Fee
College and University Transcripts
GRE and GMAT Examination Test Scores
International Admission Documents, TOEFL, IELTS, Michigan

Director of Undergraduate 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

Director of Undergraduate and Graduate Global 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
International Admission Documents, TOEFL, IELTS, Michigan

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 Financial Aid
Loan Processing Request
Financial Aid Application
Award Notification

Medical Director of the Health Clinic
Health and Medical Records

Student Success Services

Director of Student Conduct and Academic Integrity
Discipline Files
Director of Student Success Services
Individual Standardized Tests
Georgia and U.S. History & Constitution Test Results
CLEP Tests
ISAT Tests
COMPASS Exam
University College

Chair of University Studies
University Placement Examination Scores (Placement and Exit)

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 the Department of Student Conduct and Academic Integrity, University Village (Suite 5100), 770-499-3403.

Updates to the student code are available at web.kennesaw.edu/scai/content/ksu-student-code-conduct
Procedures to implement the student code of conduct are available at
web.kennesaw.edu/scai/content/scai-misconduct-procedures

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 of any type 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 Misconduct (for more info see the KSU Sexual Misconduct Policy)

General definition. Sexual misconduct encompasses a broad range of unwelcome behavior that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes, but is not limited to, criminal sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.

Consent. For purposes of this policy, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. “Non-consent” means without either explicit verbal consent or overt action clearly expressing consent. Such signals of consent must be mutual and ongoing, as well as offered freely and knowingly. If at any time during a sexual interaction any confusion or ambiguity should arise on the issue of consent, the sexual initiator should stop and clarify the other individual’s willingness to continue. Non-communication constitutes lack of consent.

Persons unable to give consent. By definition, the following conditions cause a person to be unable to give consent:

• Persons who are asleep or unconscious;
• Persons incapacitated by drugs, alcohol, or medication;
• Persons who are unable to communicate consent due to a physical or mental impairment;
• Persons who have been threatened or coerced into giving their consent; or
• Persons under the age of 16.

Engaging in sexual activity with someone who is unable to give consent is considered by law and KSU to be Sexual Misconduct. Note that indications of consent are irrelevant if the person is incapacitated. When there is ambiguity about whether consent has been given, a student can be charged with, and found responsible for, committing a sexual assault or another form of
sexual misconduct. Examples of incapacitation include, but are not limited to, being highly intoxicated, passed out, or asleep. Consumption of alcohol, in and of itself, does not relieve a party of responsibility to obtain ongoing consent.

Sexual misconduct is prohibited.

Examples of Sexual Misconduct. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. Sexual misconduct includes, but is not limited to, the following examples of prohibited conduct as further defined below:

• sexual assault
• sexual harassment
• sexual exploitation

1. Sexual assault is prohibited. Sexual assault is a form of sexual misconduct and represents a continuum of conduct that includes non-consensual sexual contact between an individual and another person.

Examples of sexual assault under this policy include, but are not limited to, the following behaviors, if non-consensual:

• Sexual intercourse
• Any sexual touching, including penetration, with any object. Sexual touching is contact of a sexual nature, however slight.
• Touching of intimate body parts such as mouth, genitalia, groin, breast, buttocks, inner thighs, or any clothing covering them
• The removal of another person’s clothes
• Touching a person with one’s own intimate body parts
• Compelling another to touch one’s intimate body parts

2. Sexual harassment is prohibited. Sexual harassment is a form of misconduct that includes verbal, written, or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes, when that behavior is unwelcome. Sexual harassment may include unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome conduct of a sexual nature where:

• Submission to or tolerance of such conduct is made either an explicit or implicit term or condition of employment or student admissions, enrollment, participation, and programming;
• Submission to or tolerance or rejection of such conduct is used as a basis for employment or for academic, athletic, or other educational decisions affecting an individual;
• The conduct has the purpose or effect of substantially interfering with an individual’s work or academic, athletic, or other educational performance; or
• The conduct creates an intimidating, hostile, or offensive work or educational environment.

If an individual has welcomed sexual advances or other harassing conduct (whether sexual or otherwise) by active participation in or encouragement of such activity, he or she should specifically inform the alleged harasser if such conduct is no longer welcome in order for any subsequent conduct to be deemed unwelcome. However, failure to give such notice does not prevent KSU officials from taking appropriate corrective and/or disciplinary action against the alleged harasser for his or her behavior.

3. Sexual exploitation is prohibited. Sexually exploitative behavior, which occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material via email or otherwise to non-consenting students/groups; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting friends watch consensual sex, and knowingly transmitting an STD, including HIV, to another student.

G. 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.

H. Possession of Weapons or Fireworks

Students are prohibited from possessing fireworks, firearms or other weapons on University property or at University sponsored events, except with the specific permission of the Department of Campus Safety and Security, or except as allowed in limited circumstances by Georgia law.

I. Unauthorized Entry or Use of University Facilities

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

J. Fire Safety and False Alarms

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

K. Littering and Sanitation

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

L. Kennesaw State University is a Smoke-Free Environment

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

M. Gambling is Strictly Prohibited

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

N. Advertising, Selling, and Fundraising

No student or group of students acting in a representational capacity for 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.

O. 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.

P. 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.

Q. 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.

R. 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.

S. Hazing is Prohibited (for more information see the KSU hazing policy)

“Hazing” means any intentional, negligent or reckless action, activity or situation that endangers or is likely to endanger the physical health of an individual or causes an individual pain, embarrassment, ridicule or harassment as a condition or precondition of gaining acceptance, membership, office or other status in a student group, whether or not such group is formally recognized by the University and regardless of the individual’s willingness to participate. The expressed or implied willingness of the victim (s) is not a defense. Actions and situations that may constitute hazing may include, but are not limited to, the following:

• Forcing, requiring, or encouraging the drinking of alcohol or any other substance;
• Forcing, requiring, or encouraging the consumption of food or any substance;
• Calisthenics (e.g., push-ups, sit-ups, jogging, runs);
• Treeing’s (e.g. tying someone up and throwing food or other substances on them);
• Paddling in any form
• Line-ups (e.g. yelling at or harassing people in a formation);
• Theft of any property;
• Road trips (e.g. dropping someone off and leaving him/her to find his/her own way back);
• Scavenger hunts; without prior approval from the OFSL;
• Causing an individual to be sleep deprived and/or suffer from excessive fatigue;
• Conducting activities that do not allow adequate time for studying or that interferes with their scholastic responsibilities (e.g. not allowing an individual to attend class, causing one to miss group projects);
• Forcing, requiring, or encouraging nudity at any time;
• Forcing, requiring, or encouraging the wearing of specific uniform apparel;
• Performing acts of personal servitude for members (e.g. driving them to class, cleaning their individual rooms, serving meals, washing cars, shopping, laundry); requirement/forcing of purchases for others;
• Forcing, requiring, or encouraging individuals to engage in public stunts or buffoonery, hair cutting, morally degrading/humiliating games or activities, which are distasteful or designed to provoke nausea or inebriation;
• Verbally harassing any individual or any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values;
• Producing mental or physical discomfort in any form or physical and/or psychological shocks in any form;
• Forcing, requiring, or encouraging the violation of university policies, federal, state, or local law.

T. 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:

1. The use or possession of alcohol by anyone under the legal drinking age of 21;
2. Providing alcohol to a person under age 21 is prohibited;
3. 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;
4. The manufacture or selling of alcohol;
5. Failure to abide by the institution’s policy on student organization use of alcohol;
6. Public intoxication;
7. Common containers of alcohol (kegs, party balls, trash cans, funnels, beer hats, etc.) are not permitted. Beverages must be used in individual containers;
8. Any game or activity (especially those competitive in nature) contributing to the overindulgence of alcohol is prohibited regardless of the age of the participants;
9. Guests and/or visitors consuming or possessing alcohol in the room/apartment/surrounding area of a host (resident) under the age of 21;
10. 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;
11. The use or possession of alcohol by any resident or guest, regardless of age, in a substance-free community;
12. Being present where an alcohol violation is occurring, regardless of whether the resident/guest is using or possessing alcohol;
13. 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:

1. 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;
2. Possession of drugs that may be used to incapacitate other Individuals;
3. 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;
4. Being present where a drug-related violation is occurring, regardless of whether the resident/guest is using or possessing drugs.
5. Smoking, ingesting, or otherwise using a substance not already prohibited under section III T 2 a (above) in a manner not consistent with the manufacturer’s recommended use. This includes, but is not limited to, all forms of synthetic marijuana, regardless of brand name.

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 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.

1. 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;
2. 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;
3. 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
4. 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:

1. Use of the bedroom or bathroom of another resident without his or her prior consent;
2. 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;
3. Proceeding or allowing guests to proceed through the residential facilities unescorted;
4. 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).
5. 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.
6. 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.
7. 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 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 may 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 Possession of Drugs, Including Alcohol

1. The sale, use and/or possession of drugs (controlled substances) are/is prohibited. In addition, smoking, ingesting, or otherwise using a substance not already prohibited by the preceding sentence in a manner not consistent with the manufacturer’s recommended use is prohibited. This includes, but is not limited to, all forms of synthetic marijuana, regardless of brand name.
2. Kennesaw State University expressly prohibits the use, possession, manufacture, 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 III T 1.
3. 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.
4. 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.
5. Any activity (especially those competitive in nature) contributing to the overindulgence of alcohol is, by these guidelines, prohibited.
6. 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.

1. Students involved in off-campus activities shall not act in a disorderly or disruptive fashion, nor shall they conduct any dangerous activity.
2. Students involved in off-campus activities shall not take, damage or destroy or attempt to take, damage or destroy property of another.
3. Use and/or 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 is Prohibited (for more information see the KSU hazing policy)

“Hazing” means any intentional, negligent or reckless action, activity or situation that endangers or is likely to endanger the physical health of an individual or causes an individual pain, embarrassment, ridicule or harassment as a condition or precondition of gaining acceptance, membership, office or other status in a student group, whether or not such group is formally recognized by the University and regardless of the individual’s willingness to participate. The expressed or implied willingness of the victim (s) is not a defense. Actions and situations that may constitute hazing may include, but are not limited to, the following:

• Forcing, requiring, or encouraging the drinking of alcohol or any other substance;
• Forcing, requiring, or encouraging the consumption of food or any substance;
• Calisthenics (e.g., push-ups, sit-ups, jogging, runs);
• Treeing’s (e.g. tying someone up and throwing food or other substances on them);
• Paddling in any form
• Line-ups (e.g. yelling at or harassing people in a formation);
• Theft of any property;
• Road trips (e.g. dropping someone off and leaving him/her to find his/her own way back);
• Scavenger hunts; without prior approval from the OFSL;
• Causing an individual to be sleep deprived and/or suffer from excessive fatigue;
• Conducting activities that do not allow adequate time for studying or that interferes with their scholastic responsibilities (e.g. not allowing an individual to attend class, causing one to miss group projects);
• Forcing, requiring, or encouraging nudity at any time;
• Forcing, requiring, or encouraging the wearing of specific uniform apparel;
• Performing acts of personal servitude for members (e.g. driving them to class, cleaning their individual rooms, serving meals, washing cars, shopping, laundry); requirement/forcing of purchases for others;
• Forcing, requiring, or encouraging individuals to engage in public stunts or buffoonery, hair cutting, morally degrading/humiliating games or activities, which are distasteful or designed to provoke nausea or inebriation;
• Verbally harassing any individual or any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values;
• Producing mental or physical discomfort in any form or physical and/or psychological shocks in any form;
• Forcing, requiring, or encouraging the violation of university policies, federal, state, or local law.

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

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

1. All students shall fully comply with the instructions of the hearing panels and hearing officers of the Kennesaw State University SCAI Department.
2. No student shall make a false statement while under oath in a University disciplinary hearing.
3. No student shall disrupt the proceedings of the Kennesaw State University 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.
4. 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:

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

1. restriction from participation in any academic course, program, or activity;
2. restriction from participation in any student activity on or off campus;
3. restriction from use of any or all University facilities;
4. 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 Policies and Procedures, suspension policies, and campus police are organized in ways to preserve and protect the health, safety and academic integrity of the campus community, as noted in the following policies and procedures. In general, the University SCAI Program handles all charges against students which involve alleged violations of the Kennesaw State University Student Code of Conduct, including allegations of academic misconduct and disruptive behavior. In addition, the KSU police may become involved with incidents of disruptive behavior.

Faculty, staff and/or students who are witnesses to or victims of incidents of alleged violations of the Student Code of Conduct should immediately contact the University SCAI Office and submit the proper documentation. The 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 procedures website web.kennesaw.edu/scai/content/scai-misconduct-procedures.

Academic Misconduct

Academic misconduct is defined in Section II of the Kennesaw State University Student Code of Conduct. Procedures for addressing and reporting incidents of academic misconduct can be found in the SCAI procedures website, 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 Department of Student Conduct and Academic Integrity, 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 officer. Incident reports which are submitted to the Department of Student Conduct and Academic Integrity will not be released without the written consent of the student, in accordance with the Family Educational Rights and Privacy Act.

Under the informal procedure, a faculty member who has evidence that a student has committed academic misconduct may elect to resolve the issue within the confines of the class, if the student readily admits to the misconduct without coercion or intimidation. The faculty member must first meet with the student to explain and discuss the allegations of misconduct. If the student admits the misconduct and declines a 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 SCAI for a hearing. Academic misconduct, as determined by a SCAI hearing, carries a mandatory minimum suspension of one semester, unless substantial mitigating circumstances are proven.

Disruptive Behavior

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.

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. For guidance on what constitutes disruptive behavior see the KSU Student Code of Conduct in this handbook or the SCAI website at web.kennesaw.edu/scai.

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(s) 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 Department of Student Conduct and Academic Integrity, using the Student Misconduct Incident Report Form.

If the faculty or staff member feels that there is a significant imminent danger to the health and safety of the student(s), others, or him/herself, the faculty or staff member should immediately contact the University’s Public Safety office for assistance. The responding officer at the time of notification shall remove the student from the area immediately and refer the incident to the vice president for student success, 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, or (3) poses an immediate, significant threat of danger to him/herself, and is of such a serious nature that it must be handled more expeditiously than the university SCAI procedures allow.

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

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

Supplemental Program Specific Recourse

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

Resources:

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

Current AOD policies may be found at kennesaw.edu/drugalcoholpolicy

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 T of KSU Student Code of Conduct for more information. 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. There are some caveats and exceptions.
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 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. 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. 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 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.

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

1. Any faculty, staff member, administrator, or other employee who violates the policy on alcohol and drugs, shall be subject to disciplinary action up to and including the possibility of dismissal and referral to the appropriate federal, state or local authorities for prosecution in the courts.
2. Any student or student organization that violates the policy on alcohol and drugs, shall be subject to disciplinary action in accordance with the Kennesaw State University Student Code of Conduct up to and including educational sanctions, possible loss of on-campus housing, suspension and/or expulsion from the university and referral to the appropriate federal, state, or local authorities for prosecution in the courts. A student organization shall be subject to disciplinary action up to and including educational sanctions, suspension and/or revocation of its registration with Student Life and referral to the appropriate federal, state, or local authorities for prosecution in the courts.
3. When there is an alcohol or drug infraction, in addition to any criminal prosecution or university 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 addiction, referrals are made to the Center for Young Adult Addiction and Recovery (CYAAR) where counselors are on hand specializing in misuse, addiction and recovery. Counselors specializing in Substance Misuse 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 CYAAR also perform in-house evaluations for alcohol and drug abuse and use the SASSI-3 Substance Abuse Subtle Screening Inventory for alcohol abuse screening. CPS and CYAAR maintain a listing of referral agencies for off-campus assistance when such assistance is more appropriate. CPS and CYAAR 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 Center for Young Adult Addiction and Recovery (CYAAR) is located on the second floor of University College. The Center provides a safe environment in which students struggling with and recovering from substance misuse and addiction can find professional and peer support. CYAAR is home to the Collegiate Recovery Community (CRC), a peer recovery community which supports multiple on-campus 12 step meetings, SMART recovery and ANAD. In addition, there is an open monthly meeting called Celebration Recovery on the third Monday of the month where students in recovery share their story. CYAAR provides Alcohol and Other Drug education in any university settings and trains peer educators to present AOD prevention and education to the incoming freshman class. To date, CYAAR has presented to the Greek Life, Student Athletes, and other at-risk populations. Clinical professionals provide education and Screening Brief Intervention and Referral (SBIRT) services. 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 web.kennesaw.edu/hr/content/eap_employee_assistance_program.
• The Wellness Center, 770-423-6394, is located in the Student Recreation & Wellness Center (3), Room 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 Same Day Appointment Clinic, Village Suites (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 (38) 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 (38), 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 Public Safety (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. There is also an East Precinct located at the KSU Stadium. 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).

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.

Department of Environmental Health & Safety Mission Statement

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 and Safety will ensure compliance with local, state, and applicable federal codes, provide technical assistance, conduct routine facility audits and empower employees through training in hazard recognition and accident prevention.

KSU is a Restricted Smoking Campus

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

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.

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.

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:

• 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.
• 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.
• 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.

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.

• 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.
• 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.

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.

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:

• 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 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:

1. The duration of the risk;
2. The nature and severity of the potential harm;
3. The likelihood that the potential harm will occur; and
4. The imminence of the potential harm.

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.

• 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.
• 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.

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.

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.

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.StudentA 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.

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:

• 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);
• 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;
• 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.

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:

• the medical/psychological condition no longer exists; or
• 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
• 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.
 

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