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Home > Division Of Student Affairs > Student Conduct Office > Disciplinary Hearing Procedure

disciplinary Hearing Procedures

Disciplinary hearings at Valdosta State University are hearings to arrive at corrective recommendations regarding alleged student misbehavior. These recommendations affect the student or organization’s relationship with the University. The administration of discipline is viewed as an educational process NOT a criminal or civil trial proceeding. As such, the disciplinary procedures used are determined and administered by educators. Such procedures will give cognizance to the test of fairness, justice, truth, and the
requirements of due process.
The procedures used by all disciplinary committees are as follows:

A. All disciplinary hearings involving the accused student and or organization and the appropriate disciplinary committee are considered to be open meetings in accordance with the Georgia Open Meetings Law, and the Dean of Students or his designee will post a notification 24 hours prior to the actual disciplinary hearing outside the Dean of Students Office in its display case.

B. Discplinary hearings are presided over by the chairperson of the committee or his or her designee. The disciplinary committee chair may exclude any person from the disciplinary hearing who is materially interfering with the disciplinary hearing proceedings. Any disruptions of a disciplinary hearing can result in the possible immediate interim suspension of the student and or organization involved in the disruption. The chairperson of the committee makes such a determination with the possible input of the Dean of Students designee, and when that determination is made those causing the disruption will be asked to leave the hearing and its premises. If they do not voluntarily leave, the University Police will escort them off the premises.

C. Recommendations of the disciplinary committees are by a simple majority vote. A disciplinary committee quorum is more than 50% of its membership being present. A hearing may proceed with less than a quorum if the accused elects to proceed.

D. The disciplinary hearing will follow this sequence:

1. An oath is administered to the accused.
2. The presentation of the alleged violation(s) to accused. (Charges are prepared and presented by a representative of the Dean of Students Office.)
3. A call for a response from the accused to each violation of either not responsible ot responsible is requested by the chair.
4. The presentation of witnesses and documentation supporting the alleged violation(s) is made.
5. The presentation of the comments and documentation supporting the accused’s position .
6. Examination and questioning by the committee and the accused follows witness comments and information supporting the alleged violations, and after the witness comments and information of the accused.
7. The presentation of the closing comments by both parties, first the representative of the Dean of Student’s Office and then the accused.
8. Committee deliberations then occur and they are closed to the public. (The Committee may request the representative of the Dean of Students Office assistance in clarifying an issue in deliberations.)
9. The disciplinary committee reconvenes after deliberation and reads their findings and/or recommendation(s) to the accused. They also notify the accused of the right to appeal.
10. Hearing is adjourned.

E. All comments are given under oath.

F. The accused student may bring an advisor of his or her own choosing to the hearing.

G. The disciplinary committee has three charges.

1. The first is to determine the facts.
2. The committee is to determine responsibility for any or all violations.
3. IF there is a finding of responsibility for any or all charges,they are to develop a suitable disciplinary recommendation(s).
4. The final determination of the acceptability of the recommendation(s) as well as the implementation of the recommendation(s) will reside with the Dean of Students.
5. Committee deliberations are closed to all but the disciplinary committee. The committee will hear only that information pertinent to the charge(s). Committee deliberations concerning the sanction(s)may draw upon the Dean of Students or his designee for guidance.
6. The Disciplinary Committee will advise the accused of its recommendation(s) at the conclusion of the deliberations. The recommendation(s) of the committee is also communicated to the accused in writing, following the verbal notification at the judicial hearing.
7. The accused student and or organization is also informed both verbally and in writing of the right to an appeal and is informed of how to pursue the appeal process.
8. An audio recording of the hearing will be made and is on file in the Dean of Students Office.

Reviewed & revised Summer 2009