When a student is charged with violation of the foregoing conduct regulations, disposition of the student's case shall be afforded according to Constitutional requirements of due process and in keeping with the procedures outlined below:
- All complaints of alleged violation by a student shall be made in writing to the Office of Student Life. Each complaint shall contain a statement of facts outlining each alleged act of misconduct, and shall state each regulation which the student is alleged to have violated.
- The student shall be notified in writing by the Office of Student Life that he/she is accused of a violation and shall be asked to come in for a conference to discuss the complaint.
- At the above mentioned conference, the student shall be advised that:
a. He/she may, in writing, admit or deny the alleged violation, waive all further hearing, and request that the College official take appropriate action.
- In cases referred to the Student Conduct Board, the Office of Student Life shall, at least 168 hours(1 week) in advance of the hearing, notify the student in writing, via the student's Dalton State email address. A follow up phone call will be placed to the main number listed on the student's account if no response is received by the student by 72 hours (3 days) in advance of the hearing. This charge letter will include the following:
a. The date, time, and place of the hearing;
b. A statement of the specific charges and grounds which, if proven, would justify disciplinary action being taken;
c. The names of witnesses scheduled to appear.
- The student is expected to notify his/her parents or guardian of the charges. These persons may request a conference with the college officials prior to the hearing.
- The decision reached at the hearing will be communicated in writing to the student and, if the student is a minor or if he/she so requests, to his/her parents or guardian. It will specify the action taken by the hearing body and the interest of the College which has been adversely affected by the conduct which necessitated the disciplinary action. Upon the request of the student or his/her parents or guardian, a summary of the evidence will be communicated.
- The student shall be notified, in writing, of his/her right to appeal the decision of the hearing body. In cases of appeal, any action assessed by the hearing body shall be suspended pending the outcome of the appeal to the President of the College. A copy of the final decision shall be mailed to the student at the last local address within reasonable knowledge of the Office of Student Life and, if the student is a minor or if he/she so requests, to his/her parents or guardian.
b. He/she may, in writing, admit or deny the alleged violation. If the case involves the possibility of suspension or expulsion, the Office of Student Life shall refer the case to the Student Conduct Board for full disposition. Otherwise, the Office of Student Life shall make full disposition of the case, except that the Office of Student Life may, for good cause, refer any case to the Student Conduct Board. Cases may, in very unusual instances, be referred to the Faculty Committee where there exists good cause, e.g., the likelihood of serious emotional damage to the student defendant or others connected with the case. In such cases, all procedures set out herein for cases before the Student Conduct Board and appeals there from shall be substantively followed.
Student Conduct Board
- The Student Conduct Board shall hear cases involving alleged violations of the Student Code of Conduct which shall be referred to it by the Office of Student Life. Normally, these cases shall be those in which there is a possibility of suspension or expulsion of the accused student.
- Preliminary investigations of charges against students shall be made by the Office of Student Life. Cases are referred to the Student Conduct Board through its Chair. The Chair shall set the time and place for a hearing and shall notify other members, and from that point all summoning of defendant(s) and witness(es) shall be done by the Office of Student Life.
- Decisions of the Student Conduct Board shall be by a majority vote. A quorum shall consist of five members.
- Any member of the Student Conduct Board shall disqualify himself/herself if his/her personal involvement in the case is of such a nature as to be detrimental to the interest of the accused or of the institution.
- The Student Conduct Board shall make an audio recording and/or summary transcription of the proceedings.
- The hearing and other deliberations of the Student Conduct Board shall be open. The Student Conduct Board, however, may exclude any person who may be reasonably expected to interfere materially with the hearing or who does interfere materially with the hearing. 8. The Student Conduct Board shall provide a brief written summary of each case to the Office of the Vice President for Enrollment and Student Services and to the student involved including, upon request of the student, or his/her parent or guardian, a summary of the testimony and the committee's adjudication.
Rights of Student Defendants Before the Student Conduct Board
At hearings of the Student Conduct Board, the student defendant shall be afforded all rights required by due process, including:
A. The right to an advisor of his/her choice.
B. The right to question the complainant.
C. The right to present evidence in his/her behalf.
D. The right to call witnesses in his/her behalf.
E. The right to remain silent and have no inference of guilt drawn from such silence.
F. The right to cross examination.
G. The right to appeal if the Student Conduct Board imposes suspension or expulsion.
H. An audio recording and/or summary transcription of the proceedings shall be kept and made available at the student's request for the sole purpose of appeal decision of suspension or expulsion. The student may also have a verbatim transcript made at his/her own expense. The College shall also have this option at its own expense.
I. The right to be advised of his/her right to appeal the decision of the Student Conduct Board.
J. The right to attend classes and required College functions until a hearing is held and a decision is rendered. Exceptions to this would be made when the student's presence would create a clear and present danger of material interference with the normal operation and processes or the
requirements of appropriate discipline at the College. Such temporary protective measures may be applied where the student is accused of violation of a College regulation or of a local, state, or Federal law or regulation. It is understood that such temporary protective measures, if applied, will be without avoidable prejudice to the student.
Rights of Victims of Sexual Harassment/Sexual Assault
Click here to read the Institutional Policy on Sexual Harassment
Victims of sexual assault are afforded rights that are recognized by Dalton State College. These rights include assistance by the College to help the victim. A Policy for Victims of Sexual Assault is available in the Office of Student Affairs and in the Public Safety Office. In the event of a sexual assault, please contact one of these offices so that assistance can be rendered. Assistance and appropriate referral information for victims is also available in the AR Center.
In cases referred to the Office of Student Life only for student on student sexual harassment or sexual assault, the following disciplinary procedures will apply.
- Any reports of such violations to the Code of Conduct will be investigated and heard if there is an accused student, even if a complainant requests to remain anonymous and not take part in Student Conduct proceedings.
- If interim steps are necessary to provide protection and assurance to either party, the Vice President of Enrollment and Student Services will determine the institution of such steps in a prompt manner, upon receiving the formal complaint.
- All hearings will be heard by the Student Conduct Board and can never be sanctioned with meditation.
- Both the student complainant and accused student will be notified of all proceedings and outcomes in the same manner at the same time throughout the Student Conduct proceedings.
- The complainant student does not have to be present while the accused student is being questioned and vice versa. No direct questioning or cross examining of each other will take place. All questions for each other will be directed to the Student Conduct Board which will then ask the questions on behalf of each student.
- Both students may appeal at every level for process or sanction regardless of the result, following Dalton State's regular appeals process.
- Any Title IX and/or criminal investigations and proceedings will take place concurrent with these disciplinary proceedings. Any efforts will be made that will afford students to not have to duplicate procedures, where possible. All efforts will be made to conclude a hearing of this type within 60 days of receiving the complaint.
- As with all other Student Conduct hearings at Dalton State, preponderance of the evidence is the standard of proof that shall be used in these proceedings.
- If the accused is found in violation, after the appeals period has ended, Dalton State will take reasonable prompt and effective steps meant to end the sexual violence, prevent its recurrence, and address its effects.
The following are possible disciplinary measures which may be imposed upon a student found in violation of an infraction of the Code of Student Conduct. This list shall not be taken to be exhaustive and may be enlarged or modified to meet particular circumstances in any given case.
- Expulsion – severance of the student's relationship with the College.
- Disciplinary Suspension – temporary severance of the student's relationship with the College for a specific period of time, though not less than one term.
- Disciplinary Probation – notice to the student that any further major disciplinary violation may result in suspension. Disciplinary probation might also include one or more of the following: the setting of restriction, the issuing of a reprimand, or restitution.
- Reprimand –
a. Oral Reprimand - an oral disapproval issued to the student.
b. Letter of Reprimand - a written statement of disapproval to the student.
- 5. Restitution – reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation.
- 6. Forced Withdrawal – from the academic course within which the offense occurred without credit for the course.
Whenever a student shall be expelled or suspended by the Student Conduct Board, such student shall have the right to appeal in accordance with the following procedure:
- The person aggrieved shall appeal in writing to the Vice President for Enrollment and Student Services within five days after the action of which he/she complains. The Vice President for Enrollment and Student Services shall within five days appoint a committee composed of three members of the faculty of the institution or he/she shall utilize the services of an appropriate existing committee. This committee shall review all facts and circumstances connected with the case and shall within five days make its finding and report thereon to the Vice President for Enrollment and Student Services. After consideration of the committee's report, the Vice
President for Enrollment and Student Services shall within five days make a decision which shall be final so far as the institution is concerned.
- Should the aggrieved person be dissatisfied with said decision, he/she may apply to the Board of Regents, without prejudice to his/her position, for a review of the decision. The application for review shall be submitted in writing to the Executive Secretary of the Board within a period of twenty days, following the decision of the Vice President for Enrollment and Student Services. This application for review shall state the decision complained of and the redress desired. A review by the Board is not a matter of right, but is within the sound discretion of the Board. If the application for review is granted, the Board, or a committee of the Board, shall investigate the matter thoroughly and render its decision thereon within sixty days from the filing date of the application for review or from the date of any hearing which may be held thereon. The decision of the Board shall be final and binding for all purposes. (Minutes, 1962-63, pp. 244- 245; Minutes, 1967-68, pp. 750-751; Minutes, 1973-74, pp. 176-177)
Vice President for Enrollment and Student Services
650 College Drive
Dalton, GA 30720
Review of Policies Related to Student Conduct
In the fall of each even-numbered year, the Student Advisory Council shall appoint a task force to review policies related to Code of Student Conduct, disciplinary procedures and measures, and rights of student defendants. Recommendations for any changes should be made to the Student Advisory Council before the end of the calendar year.