Conduct hearings at Valdosta State University are hearings to arrive at corrective recommendations regarding alleged student misconduct. 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, truth, and due process.

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

Where the respondent indicates that the student contests the charges, and once the investigation report has been finalized and copies provided to the respondent and alleged victim (where applicable,) the case shall be set for hearing; however, the alleged victim (where applicable) and respondent may have the option of selecting mediation as a possible resolution in certain student misconduct cases where they mutually agree, except where deemed inappropriate by the Director of the Office of Student Conduct & Title IX or their designee.

Where a case is not resolved through mediation, the respondent shall have the option of having the charges heard either by an administrator (Administrative Hearing) or the Student Conduct Committee. Particularly egregious allegations will be heard by the Conduct Committee, as well as in cases where suspension or expulsion are possible. 

A. Procedures for Conduct Committee Hearings

  1. All disciplinary hearings involving the responding student, and the appropriate disciplinary committee will be conducted in a manner consistent with the Family Educational Rights and Privacy Act (FERPA) and applicable law.
  2. Disciplinary hearings are presided over by the chairperson of the committee. The committee chair may exclude any person from the hearing who materially interferes with the proceedings. Any disruptions of a hearing can result in disciplinary action being taken against the student and/or organization/group involved in the disruption. The chairperson of the committee makes such a determination with input of the Director of the Office of Student Conduct & Title IX or their designee, and when that determination is made those causing the
    disruption will be asked to leave the hearing and its premises immediately. If they do not voluntarily leave, the University Police will be contacted to escort them off the premises.
  3. The respondent and alleged victim (where applicable), as parties to these proceedings, shall have the right to use an advisor (including an attorney) of his or her choosing, and at his or her own expense, for the express purpose of providing advice and counsel. The advisor may be present during meetings and proceedings during the investigatory and/or resolution process at which his or her advisee is present. The advisor may advise his or her advisee in any manner, including providing questions, suggestions, and guidance on responses to any questions of the advisee, but shall not participate directly. The University shall not prohibit family members of a party from attending if the party requests such attendance but may limit each participant to two family members.
  4. The respondent shall have the right to present witnesses and evidence to the hearing officer or panel, as well as to ask questions of any witnesses. This questioning will take place through the submission of written questions to the panel or hearing officer for consideration; however, the parties’ advisors may still actively advise and assist in drafting those questions. The hearing officer or panel shall ask the questions as written, and will limit questions only if they are unrelated to determining the veracity of the charge leveled against the respondent(s). In any event, the hearing officer or panel shall err on the side of asking all submitted questions, and must document the reason for not asking any questions.
  5. Where the hearing officer or panel determines that a party or witness is unavailable and unable to be present due to extenuating circumstances, the hearing officer or panel may establish special procedures for providing testimony from a separate location. In doing so, the hearing officer or panel must determine there is a valid basis for the unavailability, ensure proper sequestration in a manner that ensures testimony has not been tainted, and decide that such an arrangement will not unfairly disadvantage any party. If it is be believed that a party or witness who is not physically present has presented tainted testimony, the hearing officer or panel will disregard or discount the testimony during the hearing.
  6. Formal civil rules of evidence do not apply to the investigatory or resolution process. The standard of review shall be a preponderance of the evidence; the disciplinary committee will determine based on the evidence presented at the hearing, whether it is more likely than not that the violation in question did occur. However, any decision to suspend or to expel a student must also be supported by substantial evidence at the hearing.
  7. Documentation of the proceedings, which may include written findings of fact, transcripts, audio recordings and/or video recordings, will be on file in the Office of Student Conduct & Title IX in accordance with USG records retention policy (Appendix D. Section II).
  8. Following a hearing, both the respondent and alleged victim (where applicable) shall be provided a written decision via VSU email of the outcome and any resulting sanctions. The decision will include details on how to appeal. Additionally, the written decision must summarize the evidence in support of the sanction. The same information will be provided, regardless of whether the student opts for a student panel or an administrative hearing.
B. Hearings in Absentia
In cases where students refuse or fail to engage in the process, the process will proceed. Notice will
be sent to the student, giving them opportunity to participate. Hearings held in absentia will be
conducted as Administrative Hearings, unless allegations are severe and/or sanctions likely to be
administered are suspension or expulsion, based on the gravity of the allegations.

 

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