STUDENT CODE OF CONDUCT

I. Purpose

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. In order to accomplish this mission, the College seeks to develop an environment which fosters respect and integrity among its members. To facilitate this environment and to meet its educational goals, the College has adopted conduct regulations for individuals and organizations and has established a judicial process for dealing with alleged violations of those regulations.

Conduct which is of a disorderly nature and in violation of written policy shall subject the student or organization 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.

Proceedings under this Code may be instituted against students charged with a violation of a city, state, or federal law when the alleged conduct is also a violation of this Code. Proceedings under this Code may be carried out before, simultaneously with, or following civil or criminal proceedings, and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

Generally, College conduct regulations shall apply to conduct which occurs on College premises. Further, the conduct regulations shall apply to conduct which occurs while a student is attending or participating in any College sponsored activity wherever that activity may take place, or any behavior, on or off College premises, which adversely affects the College community or the pursuit of its objectives.

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.

II. Definitions

When used in this Code:

1. The terms “College” and “institution” mean Abraham Baldwin Agricultural College and all of its schools, divisions, departments, and programs.
2. The term “organization” means a number of persons who have complied with College requirements for registration.
3. The term “student” means any person who is taking or auditing classes at the College, or is matriculated in any College program.
4. The terms “College premises” and “College property” mean buildings or grounds owned, leased, operated, controlled, or supervised by the College.
5. The term “weapon” is defined in accordance with state law, and includes any object or substance designed to inflict a wound or cause injury.
6. The term “College sponsored activity” means any activity on or off College premises that is directly initiated or supervised by the College.
7. The terms “will” or “shall” are used in the imperative sense.

III. Academic Conduct Code

1. Academic Dishonesty

Academic irregularities include, but are not limited to, giving or receiving of unauthorized assistance in the preparation of any academic 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.

2. Disciplinary Procedures

1. When a faculty member suspects that a student has engaged in academic dishonesty, the faculty member will contact the Office of the Vice President for Academic Affairs. The Vice President for Academic Affairs will notify the student in writing of the report and will appoint a neutral person from among the faculty or staff to meet with the faculty member who reported the matter and the student(s) believed to have engaged in academic dishonesty. The purpose of the meeting, to be scheduled by the Office of the Vice President for Academic Affairs, will be to provide a facilitated discussion about what may have occurred. The faculty member who reported the matter, the student(s) believed to have engaged in academic dishonesty, and the facilitator are the only participants in the meeting. Audio nor video recordings of these proceedings will be permitted. Following the discussion, the facilitator will submit a form summarizing results of the proceedings to the Office of the Vice President for Academic Affairs.

2. The faculty member and student(s) may reach an agreement about the matter and, if dishonesty is involved, may determine the appropriate consequences. If no resolution is agreed upon, the matter will be forwarded to the Dean of Student Life and Housing, who will convene the Student Judiciary Committee to determine the outcome of the allegation.

3. Guidelines for disciplinary procedures as outlined in Section V of the Student Code of Conduct will be applicable in cases involving alleged academic dishonesty. A written copy of the recommendations by the Student Judiciary Committee shall be sent not only to the student but also to the faculty member who made the allegations of academic dishonesty against the student, to the Vice President for Academic Affairs, and to the President.

4. Prior to any finding of responsibility on the part of the student, the faculty member shall permit the student to complete all required academic work and shall evaluate and grade all work except the assignment(s) involved in the accusation of dishonesty. The faculty member may, however, take any action reasonably necessary to collect and preserve evidence of the alleged violation and to maintain or restore the integrity of exam or laboratory conditions.

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

3. Appeals Process

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

1. 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 student of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive.
2. Written requests for appeals must be specific and detailed as to the nature and substance of the student’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.

3. 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.
4. If the student is dissatisfied with the decision of the Vice President for Student Affairs, 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.
5. 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.
6. 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.

IV. Non-Academic Conduct Code

A. 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.

B. Drugs

1. 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.

2. 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, is prohibited.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. 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.

N. 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 or her 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.

O. 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.

P. 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.

Q. 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/policies/it/studentuse.cfm.

R. 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.

3. Minor infractions of Housing policies and procedures will be dealt with through informal conferences with Residence Life staff. Students subject to an informal conference conducted by a member of the Residence Life staff are accorded the following procedural protections:

i. Written notice of charges prior to the scheduled conference.

ii. An explanation of the evidence against them.

iii. An opportunity to respond to evidence against them and to produce evidence on their behalf.

iv. The right to request administrative review of their case at the next highest level.

4. In cases where the alleged misconduct may result in expulsion,

suspension, or disciplinary removal from College housing, the student defendant shall be afforded the opportunity for a hearing before the Dean of Student Life and Housing or the Student Judiciary Committee.

V. Disciplinary Procedures

1. 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.

3. 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.

4. Students whose cases are adjudicated in disciplinary conferences with the Dean of Student Life and Housing or his/her designee are provided the following procedural protections:

i. Written notice of the specific charges at least 72 hours prior to the scheduled conference.

ii. Reasonable access prior to and during the conference to any materials which would be considered “educational records” under the Family Educational Rights and Privacy Act of 1974. Personal notes of College staff members or complainants are not included.

iii. An opportunity to respond to the evidence and to call relevant and necessary witnesses.

iv. A right to be accompanied by an advisor. An attorney attending a conference may not actively represent the accused student but may give advice to the student regarding how to present his or her defense.

v. Written notification of the decision of the hearing officer within five business days of the conference.

vi. 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:

1. Violation of due process and/or student rights

2. New evidence

3. Prejudicial treatment by the hearing officer

vii. The right to have access to a recording of the disciplinary conference for the purposes of preparing for an appeal. Students may not bring their own recording devices to disciplinary conferences.

5. 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.

6. 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.

2. Student Rights in the Disciplinary Process

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

1. The right to a fair and impartial hearing.
2. The right to a presumption of not being responsible for a violation until proven responsible as determined by clear and convincing evidence.
3. The right to be notified in writing 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 in writing 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.
4. 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.
5. The right to question all witnesses who testify at the hearing and/or to challenge all written statements presented at the hearing.
6. 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.
7. 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.
8. The right to remain silent and such silence shall not be construed as an admission of responsibility.
9. 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.
10. 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

11. 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.

3. 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:

1. 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.

2. 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.

3. 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.

4. All comments in the hearing are given under oath.

5. 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.

6. The Student Judiciary Committee has four charges: to determine the facts; to decide on the question of responsibility for any or all charges; to develop a suitable disciplinary recommendation; and to produce a well documented record of all proceedings.

7. 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.

8. 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.

9. 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.

10. An audio recording of the hearing will be made and a transcription made available in the office of the Dean of Student Life and Housing.

4. 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.

1. 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.
2. 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.
3. 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 in order to discuss 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.
4. 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.
5. DISCIPLINARY WARNING: notice to the student or organization that further misconduct may result in more severe disciplinary action.
6. 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.
7. 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.
8. FORCED WITHDRAWAL: from the academic course within which an offense occurred, without credit for the course.
9. CHANGE IN GRADE: with the concurrence of the instructor, for the course in which an offense occurred.
10. REFERRAL/PROFESSIONAL ASSESSMENT: referral to the Student Development Center or other professional counseling/evaluation service.
11. 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.”
12. OTHER SANCTIONS: other sanctions may be imposed instead of or in addition to those specified above.

5. Appeals Process

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

1. 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 student of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive.
2. Written requests for appeals must be specific and detailed as to the nature and substance of the student’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.

3. Appeals shall be decided upon the record of the original proceedings, the written appeal submitted by the student, and any written briefs submitted by other participants. Cases will not be reheard on appeal.
4. 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.
5. 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.
6. 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.
7. 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.
5. Traffic Court Proceedings
1. Students receiving a parking violation have the right of appeal for seven (7) calendar days from the date of ticket issuance. If an appeal has not been completed within this time, the ticket stands.
2. If a student wishes to appeal a ticket, he/she must present the ticket to the office of the ABAC Police Department. If the student wishes to appear before the Traffic Court, he/she will be given an instruction sheet which explains the time and place of the next Traffic Court proceeding. If the student wishes not to appear before the Traffic Court but to submit a written appeal, he/she will complete a form supplied by the ABAC Police Department.
3. On the day of each Traffic Court proceeding, the Traffic Court Chief Justice will obtain from the ABAC Police Department a list (or docket) of students scheduled to appeal in person to the Traffic Court or any written appeals.
4. During the Traffic Court proceedings, students appealing in person are called to the podium individually and given an opportunity to explain their appeal. Justices may ask questions to obtain further explanation of the violation. Students must present a copy of their ticket to the court; if they fail to bring the ticket, they must obtain a copy from the ABAC Police Department before the appeal can be heard.
5. After discussion, the justices vote by paper ballot. Ballots are tallied by the Chief Justice. After the count, the Chief Justice stamps the ticket approved, denied, or reduced. If the ticket is denied or reduced, the ticket is returned to the student and he/she is instructed to pay the ticket in the Student Financial Services Office.
6. If a student is scheduled to appear before the Traffic Court and fails to appear, the appeal is automatically denied.
7. Written appeals are read and discussed. Following discussion, the justices vote by paper ballot. The Chief Justice tallies the ballots and marks the appeal form approved, denied, or reduced.
8. After all cases are heard, the list of appeals is returned to the Police Department with the results recorded.
9. Students can determine the status of written appeals by phoning or stopping by the ABAC Police Department office.
6. Traffic Court Appeals

Students/organizations have the right to appeal a Traffic Court recommendation in accordance with the following procedures:

1. Requests for appeals must be submitted in writing to the Office of Student Life and Housing within five business days of the date of the Traffic Court Hearing. Failure to appeal within the allotted time will render the original decision final and conclusive.
2. Written requests for appeals must be specific and detailed as to the nature and substance of the student’s complaint and must clearly indicate what action is requested. The written request should specify the grounds for appeal. Traffic Court recommendations may be appealed on the following grounds:

· A violation of due process

· Prejudicial treatment by the Traffic Court

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

3. The Dean of Student Life and Housing will inform the Chief Justice of the Student Judiciary Committee of appeals of Traffic Court decisions. The Chief Justice will convene the Student Judiciary Committee to hear the case within five business days of receiving the appeal.
4. In hearing Traffic Court appeals, the Student Judiciary Committee will follow procedures set forth in Section B and Section C above.
5. The student will have five business days from the date of the Student Judiciary Committee hearing to appeal in writing to the Vice President for Student Affairs. The decision of the Student Judiciary Committee stands if the student fails to submit the written appeal within the allotted time.
6. The Vice President will have five business days from the date on which the appeal is received to render a decision. The student will be notified in writing of the Vice President’s decision.
7. The decision of the Vice President for Student Affairs is final and binding.

Updated Thursday, February 12, 2009