Code of Conduct

STUDENT CODE OF CONDUCT

An Abraham Baldwin Agricultural College student is expected to show proper respect for order, morality, and the rights of others. Conduct which is of a disorderly nature and in violation of written policy shall subject the student to disciplinary action. The student is also subject to city, state, and federal law. The College will not intervene nor will it ask special treatment for a student who has violated any law.

The College reserves the right to apply the Code of Conduct to a student’s actions which occur off campus when the student’s behavior and conduct pose a risk or threat to the ABAC community and/or the normal operation of the College.

All students are subject to the regulations outlined in the Code of Conduct, College Catalog, and Student Handbook. Unfamiliarity with these regulations is not a valid excuse for infractions.

Provisions of the Student Code of Conduct may be revised, supplemented, or amended as necessary at any time by the appropriate college authorities. The students and administration of Abraham Baldwin Agricultural College are bound by the regulations set forth in the following as well as any additional rules and regulations resulting from revisions to the Code during any academic year.

SECTION I. ACADEMIC CONDUCT CODE

Academic Dishonesty

Because Abraham Baldwin Agricultural College has the dual responsibility of educating students and helping them develop into mature citizens who take their place in the larger community, it has adopted a code for dealing with academic irregularities.

Academic irregularities include, but are not limited to, giving or receiving of unauthorized assistance in the preparation of any academic or clinical assignment; taking or attempting to take, stealing, or otherwise obtaining in an unauthorized manner any material pertaining to the education process; selling, giving, lending, or otherwise furnishing to any person any question and/or answers to any examination known to be scheduled at any subsequent date; fabricating, forging, or falsifying lab or clinical results; plagiarism in any form related to themes, essays, term papers, tests, and other assignments; breaching any confidentiality regarding patient information.

Disciplinary Procedures

1. When a faculty member suspects that a student has engaged in academic dishonesty, the faculty member will call the student into a private meeting in the faculty member’s office (The division chair will be notified of and will approve any action.).

2. The faculty member will confront the student with the evidence of dishonesty and/or academic irregularity. The faculty member and the student will discuss the specifics of what occurred. If the student confesses and accepts responsibility for academic dishonesty, then the faculty member will ask the student to sign in his/her own handwriting, a statement which makes clear that the student admits responsibility for the academic dishonesty. The faculty member will then consult with the division chair. The faculty member is then free to reprimand the student, to give a failing grade for the assignment, or to require the student to resubmit the assignment in question. With approval of the division chair, the faculty member can increase the penalty up to and including a “WF” for the course if the incident(s) merit this severe penalty.

3. If the student refuses to sign a statement accepting responsibility for the act(s) of academic dishonesty, then a full hearing on the matter must be held. The faculty member and chair will document this incident and schedule a meeting with the student. This information will be turned over to the Vice President for Academic Affairs, who will make the determination of charges against the student and notify him/her in writing. The charges will be mailed by the Vice President for Academic Affairs to the student along with a notice to appear at a hearing, and, if the student wishes, to bring witnesses. At least three days’ notice is necessary unless the student waives the notice in writing.

4. If the student requests a hearing, the Vice President for Academic Affairs has the option of hearing the case for administrative adjudication, convening a special hearing panel including faculty and students, or of referring it to the Student Judiciary Committee, which handles all other student disciplinary matters on campus. The committee will provide its recommendation to the Vice President for Academic Affairs. The Student Judiciary Committee, when hearing cases of academic dishonesty, will include two faculty members, two students, and the Dean of Student Life and Housing, who oversees campus discipline and the student Code of Conduct. The Chief Justice of the SGA chairs the panel. The Vice President for Student Affairs will serve as advisor to the panel for all academic dishonesty cases. In general, the decision of the Vice President for Academic Affairs or his/her designee will not be appealed to the Student Judiciary Committee. An appeal of the Vice President for Academic Affairs’ decision will go directly to the President, who may choose to use the Student Judiciary Committee to make a recommendation to him/her.

5. The student has a right to appeal the decision of the hearing officer or panel within ten (10) calendar days of the decision. The appeal will be to the President or his/her designee. The President’s decision is final. The President reserves the right to review all disciplinary cases and the judgments made during the process.

6. A student may not withdraw from a course to avoid penalty of plagiarism or other forms of academic dishonesty.

SECTION II. NON-ACADEMIC STUDENT CONDUCT CODE

Alcohol
1. The possession, consumption, and/or manufacture of alcoholic beverages on Abraham Baldwin Agricultural College property is prohibited.
2. If a student is under the age of 21 and determined to be under the influence of alcohol, he/she will be cited for underage consumption of alcohol and referred to the appropriate authorities for disposition by the appropriate disciplinary process.
3. A student in an intoxicated state manifested by boisterousness, rowdiness, obscene or indecent appearance, or by vulgar, profane, lewd language or other disorderly behavior will be cited and referred to the appropriate authorities for disposition by the appropriate disciplinary process.
4. No student shall furnish or cause to be furnished any alcoholic beverage to any person under the legal drinking age of 21.

Drugs

The possession or use (without valid medical or dental prescription), manufacture, distribution, or sale of any drug controlled by federal or Georgia law is prohibited.

Tobacco
1. The use of tobacco products in any building on campus is prohibited.
2. Smoking is not allowed within 25 feet of any building on campus.
3. Smoking is not allowed on the grounds of ABAC Place and Lakeside, except in designated smoking areas.

Damage to Property
1. Malicious or unnecessary damage or destruction of property belonging to Abraham Baldwin Agricultural College, its visitors, or to a member of the college community is prohibited.
2. Improper disposal of any form of litter on campus is prohibited.
3. Unauthorized writing on or defacing of College property is prohibited.

Disorderly Assembly
1. The Board of Regents (BOR) Policy Manual, Section 1902, states, “Any student, faculty member, administrator, or employee, acting individually or in concert with others, who clearly obstructs or disrupts, or attempts to obstruct or disrupt any teaching, research, administrative, disciplinary, or public service activity, or any other activity authorized to be discharged or held on any campus of the University System is considered by the Board to have committed an act of gross irresponsibility and shall be subject to disciplinary procedures, possibly resulting in dismissal or termination of employment (BR Minutes, 1968-69, pp. 166-168; 1970-71, p. 98).
2. No person or group of persons shall obstruct the free movement of other persons about the campus, interfere with the authorized use of facilities, or prevent the normal operation of the College.
3. This section should not be construed so as to deny any students the right of peaceful assembly, within reasonable time, manner, and place regulations.

Disorderly Conduct
1. Disorderly or obscene conduct or breach of the peace on College property or at any function sponsored or supervised by the College or any recognized College organization is prohibited.
2. No person shall push, strike, or physically assault any member of the faculty, administration, staff, student body, or any visitor to the campus.
3. Conduct on College property or at functions sponsored or supervised by the College or any recognized College organization which materially interferes with the normal operation of the College or the requirements of appropriate discipline is prohibited.
4. No student shall enter or attempt to enter any dance, social, athletic, or any other event sponsored or supervised by the College without credentials for admission (official ABAC identification card and ticket, invitation, etc.) or in violation of any reasonable qualifications established for attendance. At such College functions a student must present proper credentials to properly identified College faculty or staff upon request.
5. Conduct and/or expressions which are obscene or which are offensive to the prevailing standards of an academic community are prohibited.
6. No student shall interfere with, give false name to, or fail to cooperate with any properly identified College officials while these persons are in performance of their duties.
7. Verbal or sexual harassment, terroristic threats or abuse, and sexual assault are prohibited.
8. No student shall deliberately fail to heed a disciplinary summons, oral or written, to report to an administrative official or an authorized Student Government Association (SGA) official or judicial committee.
9. Failure to comply fully with a disciplinary sanction is prohibited.
10. The use of cell phones, pagers, or any other electronic devices in a manner that causes a disruption in the classroom, library, or other college facilities is prohibited.

Falsification of Records

No student shall alter, counterfeit, forge, or cause to be altered, counterfeited, or forged any record, form, or document used by the College.

Explosives

No student shall possess, furnish, sell or use explosives of any kind on College property or at functions sponsored or supervised by the College or any registered College organization.

Fire Safety
1. No person shall tamper with, damage, or disconnect any fire safety equipment.
2. No student shall set or cause to be set any unauthorized fire in or on College property.
3. The possession or use of fireworks on College property or at events sponsored by or supervised by the College or any registered College organization is forbidden. Fireworks are defined as any substance prepared for the purpose of producing a visible or audible effect by combustion, explosion, or detonation.
4. The unlawful possession, sale, furnishing, or use of any incendiary device is prohibited.
5. No student shall make, or cause to be made, a false fire alarm or issue a false bomb threat.
6. Remaining in a campus facility during a fire alarm without permission by the appropriate authorities is strictly prohibited.

Weapons
1. Students are prohibited from the possession of firearms on College property or at events sponsored or supervised by the College or any registered College organization. The possession or use of any other type of offensive weapon is prohibited.
2. Permission to bring a weapon on campus for class demonstrations, training, etc., must be secured from ABAC Police Department.

Hazing

All rites and ceremonies of induction, initiation, or orientation, or private actions by individuals which tend to cause or allow mental or physical suffering are prohibited. Specifically, hazing is defined as any action taken or situation created intentionally, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment, ridicule, or the breaking of College rules.

Joint Responsibility for Infractions
1. Students who knowingly act in concert to violate College regulations will be given joint responsibility for such violation.
2. Students are liable for the actions of their visitors, if the student is aware of, or in the presence of the visitor, when the visitor violates articles of the Student Code of Conduct.

Misuse of Student Identification Cards or Permits
1. Lending, selling, or otherwise transferring a student identification card or parking permit is prohibited.
2. The use of a student identification card or parking permit by anyone other than its original holder is prohibited.
3. No student may obtain under false pretenses any additional student identification cards or permits.
4. The creation of a fake identification card or parking permit as well as the altering of a valid student identification card or parking permit is prohibited. The replication and distribution of the same is also prohibited.
5. Failure to surrender a College identification card or permit to a properly identified and authorized College official is prohibited.
6. Intentionally damaging an ABAC identification card is prohibited. It is the student’s responsibility to have a damaged card replaced.

Theft
1. No student shall sell anything not his or her own without written permission of the owner.
2. No student shall take, attempt to take, or keep in his possession items of Abraham Baldwin Agricultural College property or items belonging to students, student groups, College employees, or visitors without proper authorization.
3. The illegal or unauthorized use of another’s personally identifiable information is prohibited. Violations include, but are not limited to, knowingly and willfully assuming and using any and all personal identifying information, including photographs, without the consent or authorization of said owner for the purpose of misrepresenting oneself. Using, selling, or transferring that information to obtain any benefits, credit, goods, services or other items of value in the name of said owner or to otherwise do harm to said owner is a violation of the Code of Conduct.

Unauthorized Entry or Use of College Facilities
1. No student shall make unauthorized entry into any building, office, or other facility; nor shall any student remain without authorization in any building after normal closing hours.
2. No student shall allow, aid, or assist persons in making unauthorized entry into any building, office, or other facility.
3. No student shall make unauthorized use of any facility. Upon appropriate notice by officials, authorization for the use of facilities may be withdrawn or otherwise restricted.
4. The possession of illegal articles on College property or in campus facilities is prohibited.
5. No student shall knowingly use College or student organization owned equipment, supplies, or property without proper authorization.

Traffic Violations

Traffic regulations as specified in the Abraham Baldwin Parking and Traffic Regulations booklet are considered to be part of the Student Code of Conduct. These rules and regulations will be used as a standard for all cases pertaining to the Traffic Court.

Inappropriate Use of College Computing Facilities and Equipment

Rules and regulations regarding appropriate use of College computing facilities and equipment as specified in the Policy on Student Use of Technology Resources are considered to be a part of the Student Code of Conduct. Students are responsible for being aware of these policies and of abiding by them. The Policy on Student Use of Technology Resources can be found at http://www.abac.edu/OITS/policy/studentuse.htm.

Student Housing Policy
1. Abraham Baldwin Agricultural College requires all new students to live on campus for a minimum of two semesters unless they meet one of the following criteria: (1) living with and commuting daily from the legal residence of a parent, legal guardian, or grandparent within a 50-mile radius of Tifton; (2) married; (3) single parent; (4) 21 years of age prior to September 1, of the current academic year; (5) have attended another college for a minimum of two semesters.
2. The Guide to Residential Living, distributed to each resident, contains procedures and rules for living in College residence halls. This booklet, the Housing Contract, and any “house rules” which have been approved by the Dean of Student Life and Housing and posted in the residence halls are considered a part of the Student Code of Conduct.

SECTION III. DISCIPLINARY PROCEDURES FOR NON-ACADEMIC

CONDUCT CODE

A. Organization and Jurisdiction

1. Section 401.01 of the Board of Regents policies delegates to individual

institutions the duty to discipline students within the framework of regulations of the Board of Regents. According to this policy, “Students violating rules and regulations of an institution may be punished, suspended, excluded, or expelled as may be determined by the institution” (BOR Policy Manual, Section 401.01). In carrying out the responsibility to discipline its students, Abraham Baldwin Agricultural College will apply disciplinary sanctions only after the requirements of due process, non-discrimination, and fairness have been met.

2. The President of ABAC has delegated the function of student discipline to

the Vice President for Student Affairs, who has, in turn, designated the Dean of Student Life and Housing and his/her staff to handle the day-to-day disciplinary process.

The Dean of Student Life and Housing is assisted in the student disciplinary process by the Student Judiciary Committee. Cases may be assigned to the Student Judiciary Committee at the discretion of the Dean or upon request by the accused student or students.
All cases involving violation of ABAC traffic rules and regulations shall be heard by the Traffic Court. The Traffic Court consists of seven students, who are appointed by the SGA President. One of the sophomore, junior, or senior justices will be appointed by the SGA President to serve as chairperson of the Traffic Court. His/her nomination shall be approved by 2/3 vote of the Senate present.
The Student Judiciary Committee will meet at the call of the Dean of Student Life and Housing. Proceedings of the committee shall be in accordance with the College Catalog and the Student Code of Conduct. The findings and recommendations of the committee will be forwarded to the Dean of Student Life and Housing for such action as may be deemed appropriate. The committee shall be composed of at least seven faculty/staff members appointed for two-year terms and eight students. Student members will be selected by an application process through the office of the Student Government Association (SGA). The President of SGA shall appoint one sophomore, junior, or senior student member to be Chief Justice. The President’s nominee shall be approved by a 2/3 vote of the Senators present.

Student Rights in the Disciplinary Process

In any disciplinary process at Abraham Baldwin Agricultural College, an accused student shall be afforded the following rights:

The right to a fair and impartial hearing.
The right to a presumption of not being responsible for a violation until proven responsible as determined by a preponderance of the evidence presented at the hearing.
The right to be notified of the charges against him or her; the specific rule or policy violated; and the time, date, and place of the scheduled hearing. This notification must occur at least 72 hours prior to the hearing (except when the accused student postpones the hearing) provided that the student has informed the College of his or her current contact information. If the student has not furnished the College with current contact information, College officials have only to make a responsible attempt to notify the student with the most recent contact information provided.
The right to an advisor of his or her choice. An attorney attending a hearing may not actively represent the accused student but may give advice to the student regarding how to present his or her defense.
The right to question all witnesses who testify at the hearing and/or to challenge all written statements presented at the hearing.
The right to present witnesses to testify in his or her defense. The Dean of Student Life and Housing shall have the authority to limit the number of witnesses in order to avoid unreasonable delays where the testimony would be repetitious or unnecessary.
The right to be present during the entire hearing (except for closed judicial deliberation) and to know all evidence used in the proceeding. The student may, however, elect not to appear, and failure to appear shall not be construed as an admission of responsibility.
The right to remain silent and such silence shall not be construed as an admission of responsibility.
The right to be notified in writing of the decision of the judicial body or hearing officer within five business days of the date of the hearing.
The right to appeal to a higher judicial body or College administrative official within five business days of receiving the judicial decision for any of the following causes:

i. Violation of due process and/or student rights

ii. New evidence

iii. Prejudicial treatment by the original hearing body

The right to have access to a recording of his or her hearing for the purposes of preparing for an appeal. Students may not bring their own recording devices to disciplinary hearings.

Procedures for Disciplinary Hearings

Disciplinary hearings at ABAC are hearings to arrive at corrective recommendations regarding alleged student misbehavior. 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 within the requirements of due process and protection of student rights.

The procedures used by all disciplinary committees are as follows:

All disciplinary hearings involving the accused student(s) and the appropriate judiciary committee are considered to be open meetings in accordance with the Georgia Open Meetings Law.
Student judiciary hearings are presided over by the chair of the Student Judiciary Committee or his or her designee. The chair may exclude any person from the hearing who is materially interfering with the judicial hearing proceedings. Any disruptions of a judicial hearing can result in the possible immediate interim suspension of the student(s) involved in the disruption. The chair of the committee makes such a determination, 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, ABAC Police will escort them off the premises.
Recommendations of the Student Judiciary Committee are by a simple majority vote. A Student Judiciary 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.
The judicial hearing will follow this sequence:

i. An oath is administered to the accused.

ii. The alleged charge or charges are presented to the accused (Charges are prepared and presented by the Dean of Student Life and Housing or his/her representative).

iii. The chair calls for a response to each charge from the accused.

iv. Witnesses and documentation supporting the alleged violation(s) are presented.

v. Comments and documentation supporting the accused’s position are presented.

vi. Examination and questioning by the committee follow presentation of documentation and witness comments.

vii. Closing comments are presented by both parties, first the administration and then the accused.

viii. The Student Judiciary Committee goes into closed session to deliberate.

ix. The Student Judiciary Committee reconvenes and reads its findings and/or recommendation(s) to the accused. The accused is also notified of the right to appeal.

x. The hearing is adjourned.

All comments in the hearing are given under oath.
The accused student may bring an advisor of his or her own choosing to the hearing. An attorney attending a hearing may not actively represent the accused student but may give advice to the student regarding how to present his or her defense.
The Student Judiciary Committee has three charges: to determine the facts; to decide on the question of responsibility for any or all charges; to develop a suitable disciplinary recommendation.
Committee deliberations are closed to all but members of the Student Judiciary Committee. The Student Judiciary Committee will hear only that information pertinent to the charge(s). Student Judiciary Committee deliberations concerning possible sanctions may draw upon the Dean of Student Life and Housing or his/her designee.
The Student Judiciary Committee will advise the accused of its recommendation(s) at the conclusion of the deliberations. The recommendation(s) of the Student Judiciary Committee will also be communicated to the accused in writing following the conclusion of the hearing.
The accused is also informed both verbally and in writing of the right to an appeal and is informed of how to pursue the appeals process.
An audio recording of the hearing will be made and a transcription be available in the office of the Dean of Student Life and Housing.

Disciplinary Sanctions

One or more of the following sanctions may be imposed for violations of the Student Code of Conduct. This list is not exhaustive and may be enlarged or modified as needed.

EXPULSION: permanent separation of the student or organization from the College. The student or organization will be barred from College premises. Students who are expelled from the College are not entitled to any refund of tuition, housing, meal plan, or other fees.
SUSPENSION: separation of the student or organization from the College for a period of time with two conditions: (1) the student may not return or the organization be reinstated before a specified date; and (2) readmission is not automatic. The student or organization shall not participate in any College sponsored activity and may be barred from the College’s premises. Students who are suspended from the College are not entitled to any refund of tuition, housing, meal plan, or other fees.
INTERIM SUSPENSION: The Vice President for Student Affairs or a designee may suspend a student for an interim period pending disciplinary proceedings, such interim suspension to become immediately effective without prior notice, whenever there is evidence that the continued presence of the student on the College campus poses a substantial threat to the student or to others or to the stability and continuance of normal College functions. A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice President for Student Affairs or a designee within five business days from the effective date of the interim suspension. A hearing shall then be held on the following issues only: (a) the reliability of the information concerning the student’s conduct; (b) whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the College campus poses a substantial threat to self or to others or to the stability and continuance of normal College functions.
DISCIPLINARY PROBATION: notice to the student or organization that any further violations of College rules and regulations will likely result in suspension. Disciplinary probation may also include the setting of restrictions on participation in College activities or entry into certain College facilities.
DISCIPLINARY WARNING: notice to the student or organization that further misconduct may result in more severe disciplinary action.
RESTRICTION: exclusion from participation in campus organization leadership or membership; involvement in campus social, recreational, sporting, or recruitment activities; residence hall visitation or access; the use of campus facilities; identification card privileges; or parking or driving privileges on campus.
RESTITUTION: the student or organization is required to make payment to the College or to other persons or groups for damages incurred as a result of a violation of the Code of Conduct. Restitution may take the form of appropriate service or other compensation.
FORCED WITHDRAWAL: from the academic course within which an offense occurred, without credit for the course.
CHANGE IN GRADE: with the concurrence of the instructor, for the course in which an offense occurred.
REFERRAL/PROFESSIONAL ASSESSMENT: referral to the Student Development Center or other professional counseling/evaluation service.
PARENTAL AND/OR GUARDIAN NOTIFICATION: The Family Educational Rights and Privacy Act (20 USCS 1232g.i) provides in pertinent part that institutions of higher education are not prohibited “. . . from disclosing, to a parent or legal guardian of a student, information regarding any violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s education records, if (A) the student is under the age of 21; and (B) the institution determines that the student had committed a disciplinary violation with respect to such use or possession.”
OTHER SANCTIONS: other sanctions may be imposed instead of or in addition to those specified above.

Appeals Process

Students/organizations have the right to appeal a Student Judiciary Committee or administrative hearing recommendation in accordance with the following procedures:

Requests for appeals must be submitted in writing to the Office of the Vice President for Student Affairs within five business days of the date of the letter notifying the defendant of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive.
Written requests for appeals must be specific and detailed as to the nature and substance of the defendant’s complaint and must clearly indicate what action is requested. The written request should specify the grounds for appeal. Judicial recommendations may be appealed on the following grounds:

· A violation of due process

· Prejudicial treatment by the original hearing body

· New evidence has become available which was not available at the time of the hearing.

Appeals shall be decided upon the record of the original proceedings, the written appeal submitted by the defendant, and any written briefs submitted by other participants. Cases will not be reheard on appeal.
If the original decision in the case was not rendered by the Vice President for Student Affairs, he/she shall consider the appeal and give a decision.
If the student is dissatisfied with the decision of the Vice President, the student may request in writing that the President consider the appeal, but such request must be made within five business days of the Vice President’s decision or the Vice President’s decision will be considered final and conclusive.
Within five business days of receiving the appeal, the President will either rule on the appeal or refer the appeal to a special Presidential Panel. The Presidential Panel will review all facts and circumstances connected with the case and within five business days make a report of its findings to the President. After consideration of the Panel’s report, the President will within five business days make a decision which shall be final so far as the College is concerned.
Should the student be dissatisfied with the President’s decision, written application may be made to the Board of Regents for a review of the decision. This application must be submitted within twenty days following the decision of the President. Additional information regarding procedures for appealing to the Board is available in the Office of the Vice President for Student Affairs. The decision of the Board shall be final and binding for all purposes.

Updated on 7/23/03