Section III. Process for Investigating and Resolving Disputed Reports of Student Misconduct
A. Authority
Section 4.1.1 of the BOR policies authorizes Valdosta State University to develop appropriate policies and procedures to discipline students and organizations for the violation of university policies or the student code of conduct. In accordance with this responsibility, disciplinary sanctions shall be applied only after due process, fairness, and reasonableness have been met. The aim of any disciplinary action is to redirect student behavior toward the achievement of academic goals.
The President has delegated the function of student discipline to the Vice President of Enrollment & Student Affairs, and the Office of Student Conduct & Title IX is the designee overseeing the day-to-day disciplinary process. The Vice President of Enrollment & Student Affairs is assisted in the student disciplinary process by the Office of Student Conduct & Title IX designee and various disciplinary committees. The use of the "peer-review" process in student disciplinary matters is consistent with Valdosta State University's educational goals, as well as its practice of student participation in institutional governance.
The University will take necessary and appropriate action to protect the safety and well-being of its community. Accordingly, student misconduct will be addressed when such acts occur on University property or at University-sponsored or affiliated events, or otherwise violate the VSU Student Code of Conduct at non-University sponsored events.
Students accused of violations of local, state, or federal laws may also be subject to the appropriate Valdosta State University disciplinary process for these violations. Pending civil or criminal matters shall not prevent Valdosta State University at its discretion from initiating appropriate disciplinary action.
Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though misconduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. Should a student withdraw from the University with disciplinary charges pending, the student’s academic record and/or the ability to register for classes may be encumbered.
Graduate or professional programs within the University may initiate charges against students for alleged violations of professional standards or ethics as a separate issue or as an extension of alleged acts of academic dishonesty or other violations of this Code of Conduct.
C. Rights of Students
Throughout all investigation and resolution proceedings, a respondent shall receive notice of the alleged misconduct, shall be provided an opportunity to respond, and shall be allowed to remain silent during the investigation and resolution process, without an adverse inference resulting. If the respondent chooses to remain silent, the investigation may still proceed, and policy violation charges may still result and may be resolved against the respondent.
D. Student Grievance Procedure
While it is expected that students with complaints of an academic nature will file such complaints through the normal channels (faculty member, department head, dean, vice president for academic affairs and Provost, president), if, during the course of enrollment in or employment by the institution, a student feels that the student has been discriminated against or harassed in violation of the University's policies, the following action should be taken:
- A conference should be immediately scheduled with the Title IX Coordinator, located in the Office of
Student Conduct & Title IX, (229) 333-5409, and the appropriate individual will advise the student of their rights with respect to the nature of the complaint. - A determination will be made as to whether the complaint warrants a formal investigation which requires filing an official complaint by the student. The Title IX Coordinator will retain a record of the findings in the Office of Student Conduct & Title IX in accordance with the VSU records retention policy.
- In the case of a student employee, the procedure outlined in the regular staff handbook will be followed. The Title IX Coordinator located in the Office of Student Conduct & Title IX will make this information available to the student.
E. Initial Review of Student Misconduct Reports
Regardless of how the University becomes aware of student misconduct, it shall ensure a prompt, fair, and impartial review and resolution of alleged student misconduct. When a report of student misconduct is received by the Office of Student Conduct & Title IX, the report will be reviewed to determine whether the allegation(s) describes conduct in violation of VSU policies and/or Code of Conduct. If the reported conduct would not be a violation of VSU policies and/or Code of Conduct, then the report will be dismissed. Otherwise, a prompt, thorough, and impartial investigation and review will be conducted into each report received to determine whether charges against the student should be brought.
When the responding student or organization accepts responsibility for the alleged Code of Conduct violations and has voluntarily decided to participate in the informal administrative disciplinary process, the procedures outlined in this section will not apply, and the case will be adjudicated by an informal administrative hearing. Unrelated charges and cases shall be investigated separately, unless the respondent consents to having them aggregated.
If the responding student or organization does NOT accept responsibility for the alleged Code of Conduct violations, or the facts of the case are disputed, the Vice President of Enrollment & Student Affairs may refer the case to the appropriate disciplinary committee for resolution.
F. Disciplinary committees
- The Student Judicial Council
- The Valdosta State University Student Conduct Committee
- The Title IX Committee
The composition of each disciplinary committee is as follows:
- The Student Judicial Council shall be composed of (11-15) enrolled students representing a cross-section of the Valdosta State University student body. All members of the Council shall have a minimum 2.5 cumulative grade point average the semester of their appointment and must maintain this average during their tenure. If a member does not maintain a 2.5 cumulative average, has two or more unexcused absences to scheduled meetings or hearings or is found responsible for a violation of the Student Code of Conduct, then the student will automatically forfeit his/her position on the Student Judicial Council.
- The Valdosta State University Student Conduct Committee shall be composed of the Student Judicial
Council, two faculty and staff, and members of the Office of Student Conduct & Title IX. The President of
Valdosta State University may authorize the Vice President for Enrollment & Student Affairs or their designee to make the appointments. The Student Conduct Compliance Officer will serve as the chair. - The Title IX Committee shall be composed of a representative from Academic Affairs, Athletics, Housing and Residence Life, Human Resources, and Finance and Administration. Members are appointed by the Director of the Office of Student Conduct & Title IX upon completion of required training.
G. Convening Disciplinary Hearings
- The accused student and or organization shall be notified in writing by VSU email of the specific charge(s) made against them and of the date, time, and place where a hearing will be held.
- The notification will inform the accused student and or organization that an advisor of their choosing may accompany them. The advisor is not there to represent the student and/or organization before the disciplinary committee. The advisor is only there to advise the student and/or organization in their response to the committee.
- The charge letter notifying the student and/or organization of the disciplinary hearing shall be sent no less than (5) class days prior to the date designated for the disciplinary hearing.
- The accused student and/or organization shall be permitted to pose questions at the hearing and question witnesses’ testimony. All questions are to be written and directed to the chairperson who asks the witness to then respond after determining relevance.
- An audio recording of the hearing will be made. A copy of the recording will be kept on file in the Office of Student Conduct & Title IX in accordance with the USG records retention policy (Appendix D, Section II).
- The hearing shall be conducted in accordance with the policy set forth in Disciplinary Hearing Procedures for Disciplinary Committees at Valdosta State University (Appendix B, Section IV).
- After proper notification is given, (note items 1-3 above) and if the accused student and/or organization does not appear at the hearing, then the hearing can proceed in their absence.
H. Investigations of Student Misconduct
If the Office of Student Conduct & Title IX determines that the potential sanctions for the alleged misconduct may involve a suspension or expulsion (even if such sanctions were to be held “in abeyance,” such as probationary suspension or expulsion), the investigation and resolution procedures will provide these additional precautions:- The respondent shall be provided with written notice of the complaint/allegations, pending investigation, charges, sanctions, and available support services. The notice will also include the identity of any investigator(s) involved. Notice will be provided via VSU email to the address on file. Where applicable, a copy shall also be provided to the alleged victim via the same means.
- Upon receipt of the written notice, the respondent shall be given at least three (3) business days to respond in writing. In that response, the respondent shall have the right to admit or to deny the allegations, and to set forth a defense with facts, witnesses, and documents – whether written or electronic – in support. A non- response will be considered a general denial of the alleged misconduct.
- Based on this response, the investigation shall consist of interviews of the respondent, the alleged victim (where applicable) and witnesses, and the collection and review of documents or other physical or electronic information, as well as other steps as appropriate. The investigator will retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any proffered
witnesses not interviewed, along with a brief, written explanation. - The investigation shall be summarized in writing in an initial investigation report and provided to the Office of Student Conduct & Title IX, who will relay the investigation report to the respondent and the alleged victim
(where applicable) in person or via email. This summary should clearly indicate any resulting charges (or alternatively, a determination of no charges), as well as the facts and evidence in support thereof, witness statements, and sanctions. - To the extent the respondent is charged with any violation, the student shall also have the opportunity to respond in writing. The respondent’s written response to the charge(s) shall be due no earlier than three (3) business days following the date of the initial investigation report. The respondent’s written response should outline his or her plea in response to the charge(s), and where applicable, his or her defense(s), and the facts, witnesses, and documents – whether written or electronic – in support. A nonresponse to the charge(s) by the respondent will be interpreted as a denial of the charge(s).
- The investigator shall conduct further investigation and update the investigation report as warranted by the respondent’s response.
- The final investigation report will be provided to the student misconduct panel or hearing officer for consideration in adjudicating the charges brought against the respondent. A copy shall also be provided to the respondent and alleged victim (where applicable) before any hearing. The investigator may testify as a witness regarding the investigation and findings, but shall otherwise have no part in the hearing process and shall not attempt to otherwise influence the proceedings outside of providing testimony during the hearing. The individual tasked with investigating allegations of student misconduct shall not be responsible for training student conduct hearing panel members or appellate body members.
I. Interim Measures
The Office of Student Conduct & Title IX designee may impose interim disciplinary measures, including interim suspension, when a student and/or organization is accused of a serious violation of a Valdosta State University regulation or of a local, state, or federal law or regulation, when it is necessary to maintain safety, and when the accused student poses a serious and immediate danger or threat to persons or property.
Interim suspensions, that is, suspensions while the investigation and adjudication process are proceeding, should only occur when necessary to maintain safety. In making such an assessment, the Office of Student Conduct & Title IX designee will consider the existence of a significant risk to the health or safety of the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.
Before an interim suspension is issued, the Office of Student Conduct & Title IX designee will make all reasonable efforts to give the accused student the opportunity to be heard on whether his or her presence on campus poses a danger. If an interim suspension is issued, the terms of the suspension shall take effect immediately.
When requested by the responding student, a review to determine whether the interim suspension should continue will be held within three (3) business days of the request. The Office of Student Conduct & Title IX designee may assign the students request to a review committee composed of three senior Student Affairs staff members or three members of the Behavioral Intervention Team. The purpose of this review is to consider rescinding the interim disciplinary action, so the student may be allowed to continue their presence at Valdosta State University until the appropriate institutional disciplinary action is administered.
Student Conduct & Title IX
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Student Health Center, 2nd Floor
200 Georgia Avenue
Valdosta, Georgia 31698 -
Mailing Address
1500 N. Patterson St.
Valdosta, GA 31698 - Phone: 229.333.5409