Judicial Affairs Policies and Procedures Columbus State University Student Judicial Affairs Policy and Procedure Operations Manual 2013-2014 This document is intended to be a guide for those individuals acting as hearing officers within the Division of Student Affairs at Columbus State University. These policies and procedures are to work in consort with official University and Board of Regents publications and should not supersede or supplant them. 2 Table of Contents INTRODUCTION......................................................................................................................... 4 COLUMBUS STATE UNIVERSITY MISSION STATEMENT ................................................................ 4 STUDENT’S RIGHTS AND RESPONSIBILITIES ................................................................................. 5 DUE PROCESS .............................................................................................................................. 5 Required Due Process for Non-Academic Misconduct .......................................................... 5 DEFINITION OF TERMS........................................................................................................... 6 HEARING OFFICERS ................................................................................................................ 6 VICE PRESIDENT FOR STUDENT AFFAIRS ..................................................................................... 7 DEAN OF STUDENTS ..................................................................................................................... 7 ASSISTANT DEAN OF STUDENTS .................................................................................................. 7 DIRECTOR OF RESIDENCE LIFE .................................................................................................... 7 RESIDENCE LIFE COORDINATORS ................................................................................................ 8 HEARING PROCEDURE ........................................................................................................... 8 HEARING DECORUM .................................................................................................................... 9 REPORTS AND LETTERS................................................................................................................ 9 Incident Reports .................................................................................................................... 10 Hearing Notice ...................................................................................................................... 10 Hearing Worksheet ............................................................................................................... 11 Letter of Disposition ............................................................................................................. 11 JUDICIAL APPEAL PROCEDURE ........................................................................................ 11 SANCTIONS AND REMEDIES ............................................................................................... 12 APPENDIX .................................................................................................................................. 14 I II III IV V VI VII VIII IX X XI XII XIII XIV XV HEARING NOTICE ............................................................................................................. 15 HEARING NOTICE – WHILE INCARCERATED ..................................................................... 16 LETTER OF DISPOSITION: GUILTY ..................................................................................... 17 LETTER OF DISPOSITION: NOT GUILTY............................................................................. 18 LETTER OF DISPOSITION: WAIVER OF RIGHT TO HEARING............................................... 19 PARTY TO THE CRIME OF CRIMINAL TRESPASS ................................................................ 20 PROCEDURES FOR FORMAL HEARING ............................................................................... 21 PROCEDURES FOR INFORMAL HEARING ............................................................................ 22 EMERGENCY SUSPENSION: LETTER TO STUDENT ............................................................. 23 EMERGENCY SUSPENSION: NOTICE OF JUDICIAL ACTION ................................................ 24 READMISSION: INSTRUCTIONS FOR READMISSION AFTER SUSPENSION ............................ 25 READMISSION: REINSTATEMENT LETTER ......................................................................... 26 READMISSION: DENIAL LETTER ........................................................................................ 27 SANCTIONING GUIDELINES: ALCOHOL ............................................................................. 28 SANCTIONING GUIDELINES: MARIJUANA ......................................................................... 29 Introduction The educational mission of Columbus State University holds many opportunities for intellectual and social development. A basic component of the educational mission embellishes expectations of acceptable behavior based on ethics and integrity necessary in a university community. The judicial affairs program at Columbus State exists to maintain discipline and decorum by augmenting the policies, procedures, and mission of the university. Judicial affairs contribute to the teaching of appropriate individual and group behavior, as well as protecting the campus community from disruption and harm. Student discipline should be educationally directed towards personal growth as much as possible. Columbus State’s judicial program is conducted in ways that will serve to foster the ethical development and personal integrity of students and the promotion of an environment that is in accord with the overall academic mission of the institution. However, there are times when a student commits a violation, or series of violations, that it becomes necessary to remove them from the University community. In all cases, the institution should be diligent to ensure that the accused and the victim’s rights are protected and that University policy is followed. The proceedings of all disciplinary hearings, investigations and findings are closed and will remain confidential within the disciplinary system1. With exception to a need to know in order to perform assigned duties, all staff members involved in the judicial affairs process must refrain from discussing any and all details of disciplinary matters. Requests for information regarding a particular individual or the disposition of a hearing should be directed to the Dean of Students. Columbus State University is not a sanctuary where students escape the responsibilities of good citizenship. Violations of civil and criminal laws will be referred to the appropriate law enforcement officials. The University will fully cooperate and assist all agencies in upholding local, state and federal laws. The University retains the right to impose sanctions independent of action taken by a regular court system if a student is accused of criminal misconduct on or offcampus, and during or between academic terms. Columbus State University Mission Statement2 Columbus State University's mission is to promote educational, economic, social and cultural growth in Georgia and beyond. The university is dedicated to excellence in teaching in a student-centered environment, research and creative activities, service to the region and the state, 1 Disciplinary records are protected educational records under FERPA. Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities. U.S. Department of Education, Washington, DC. 2 Columbus State University Student Handbook, 2012-13 4 and community engagement through university community partnerships. This mission will be achieved within the context of the Mission of the University System of Georgia and the Core Mission Statement for State Universities of the University System of Georgia. Student’s Rights and Responsibilities3 Columbus State University exists to serve the higher education needs of those students who qualify for admission. The essence of higher education is found in the unhampered freedom to study, investigate, write, speak and debate on any aspect or issue of life. In attempting to achieve that unhampered freedom, the students acquire certain fundamental rights and responsibilities. These rights and responsibilities are considered an integral part of the educational process at Columbus State University. Any additional rights or responsibilities may be promulgated under established procedures during the school year as required for the general well being of the student body and University. A student is expected to follow these rules and the University is expected to enforce them. At the same time, the University is expected to acknowledge the student’s rights stated herein and respect the student’s autonomy in these areas. Unfamiliarity is not an excuse for infractions of the regulations. Knowledge of the regulations, on the other hand, can help the student use their rights to the fullest and avoid having others infringe on these rights. Due Process The Due Process Clause of the federal Constitution prohibits the government from depriving an individual of life, liberty, or property without certain procedural protections. The minimum requirements for due process were established by Dixon v. Alabama State Board of Education4 which said, [1] notice of the alleged charges of misconduct, and [2] opportunity to be heard by an appropriate hearing officer. This was reaffirmed in Willis v. Texas Tech Univ. Health Sciences Center, when the court stated, “[S]tudents who are subject to discipline by a public institution are entitled to [1] notice of the charges, [2] an explanation of the evidence supporting the charges, and [3] an opportunity to tell their side of the story ” 5 Required Due Process for Non-Academic Misconduct6 Minimum requirements for an administrative hearing consist of: 1. The student being given written notice of the alleged violation(s), 2. The student being given a written explanation of the alleged violation(s) and 3 Columbus State University Student Handbook, 2012-13 Dixon v. Alabama State Board of Education, 294 F.2d 150 (5th Cir.1961). 5 Roth, J. (ed.) (2011). Willis v. Texas Tech Univ. Health Sciences Center, 394 Fed.Appx. 86 (5th Cir. 2010). Higher Education Law in America. Malvern, PA: Center for Education and Employment Law, p.12. 6 Columbus State University, Student Handbook 2012-2013. 4 5 3. The student being given an opportunity to be heard by an appropriate Hearing Officer7, which may be written. Definition of Terms Accused – The individual named on the hearing notice as having allegedly violated university policy. Appeal – Action taken by an individual, after being found guilty of violating a university policy, that questions the sanctions imposed, the procedure applied, or offers new evidence not previously available. Disposition Letter – Notice given to an individual stating the findings of the hearing officer and listing sanctions, if any. FERPA – The Family Educational Rights and Privacy Act of 1974, commonly referred to as the Buckley Amendment, protects the rights of students by controlling the creation, maintenance, and access to educational records. It guarantees students access to their academic records while prohibiting unauthorized access by others8. Guest – Persons who are allowed to observe the proceedings of a hearing at the discretion of the dean of students. This may include parents of students who are involved, interested members of the campus community, or a lawyer of a student involved. The hearing officer may excuse a guest at any time without cause. Hearing Advisor - A current student or member of the faculty or staff. The hearing advisor does not represent the student and is only at the hearing to offer advice and to ensure that a fair hearing occurs. Hearing Officer - A Columbus State University faculty or staff member who is duly appointed to hear the facts of a matter, make a decision, and issue sanctions when appropriate. Hearing Notice – Letter given to an individual who is being charged with violating institutional policy. Incident Report - A record of an event that occurred. Victim – Individual(s), organization(s), or the university who has or will suffer loss due to the alleged violation. Waiver of Hearing Letter – A letter from the accused addressed to the appropriate hearing officer in which the accused forfeits their right for a hearing, enters a plea of guilty as charged, and accepts the sanctions outlined in the letter. Hearing Officers A student being called before a judicial body can be both a daunting and emotional experience. It is the responsibility of the hearing officer to provide an atmosphere that is professional, free of prejudice and bias, open to the facts and testimony of all witnesses, and is 7 Hearing Officer is defined as any individual given the authority to render a decision which results in a sanction for misconduct. 8 Definition of FERPA. Oregon State University. Archives and Records Management Program. Retrieved on May 27, 2008 from http://osulibrary.oregonstate.edu/archives/handbook/definitions/. 6 respectful to all parties before, during, and after the proceedings. A hearing officer is defined as a Columbus State University faculty or staff member who is duly appointed to hear the facts of a matter, make a decision, and issue sanctions when appropriate. In the event that a hearing officer is directly involved as a witness to an incident, they should refer the hearing responsibilities to another qualified hearing officer for adjudication. This provides for impartial decision-making in the judicial process.9 Vice President for Student Affairs The vice president for student affairs (VPSA) is the final authority for non-academic behavioral related issues.10 The VPSA will receive disciplinary appeal requests from decisions made by the dean of students. Dean of Students The authority and responsibility to act on social and disciplinary matters is vested with the dean of students and may extend beyond the physical boundaries of the University. The dean of students will receive disciplinary appeal requests from decisions made by the assistant dean of students. The dean of students will act as the hearing officer for incidents that involve: 1) any evidence of drug possession or use, 2) physical assault or threatening behavior, 3) weapons, 4) violations of civil or criminal law, 5) behavior as reported by faculty and staff, or 6) as requested by the assistant dean of students. Assistant Dean of Students The assistant dean of students works under the authority of the dean of students and acts as the primary hearing authority at the RiverPark Campus. The assistant dean of students may act on all judicial matters as directed by the dean of students, or act in the absence of the dean of students, as directed by the VPSA. The assistant dean of students will receive disciplinary appeal requests from decisions made by the director of residence life Director of Residence Life Violations that occur in areas designated as residence life may be handled as an administrative hearing through the office of the director of residence life, in accordance with Columbus State Residence Life Policy, and in cooperation with the dean of students. The 9 Roth, J. (ed.) (2007). A. v. C. College, 863 F.Supp. 156 (S.D.N.Y. 1994). Higher Education Law in America. Malvern, PA: Center for Education and Employment Law, p.15. 10 It is understood that the President of Columbus State University is the final authority in all matters related to the university and the responsible administrator to the Board of Regents for University System of Georgia. The VPSA acts on the President’s behalf. 7 director of residence life may designate a senior member of the residence life staff to serve as the administrator for residence life judicial affairs. With exception to the incidents listed under the dean of students, the director of residence life has the authority to act on alleged violations of the Residence Life Handbook or Student Handbook. The director of residence life, or the designee, will receive disciplinary appeal requests from decisions made by residence life coordinators. Residence Life Coordinators Residence life coordinators may be directed to act as a hearing officer. Residence life coordinators may only issue sanctions that are listed in the Residence Life Handbook. A residence life coordinator may not evict a resident or issue sanctions that suspend or remove a resident’s rights. However, they may recommend these sanctions to the director of residence life. Hearing Procedure Since educational institutions have the responsibility for protecting the educational purposes for which they exist, and for establishing safeguards to insure that those charged with violations of institutional standards on scholarship and behavior are accorded equal protection from unfair disciplinary measures, the following procedures have been established for the resolution of disciplinary problems. 11 When appearing before either a Hearing Officer or Judicial Body, the accused and accuser are entitled to have a Hearing Advisor present. This Advisor must be from the Columbus State University community and must be a current student or member of the faculty or staff. The Hearing Advisor does not represent the student and is only at the hearing to offer advice and to ensure that a fair hearing occurs. Students and Hearing Advisors will not be allowed to hear deliberation proceedings. 12 In reference to the judicial affairs procedures, this minimum standard will be referred to as an Informal Hearing (see appendix VIII). Additional, after consultation with an appropriate hearing officer the student may elect to waive their right to a hearing and accept the negotiated sanctions by signing a Waiver of Hearing Letter (see Appendix V). However, a hearing officer may determine that the student and/or the university may best be served through a Formal Hearing process (see appendix VII). The student may also request that Formal Hearing procedures be used. 11 12 Columbus State University Student Handbook, 2012-13, Academic and Non-Academic Misconduct. Columbus State University Student Handbook, 2012-13, Academic and Non-Academic Misconduct. 8 Hearing Decorum A student’s appearance before a judicial officer or panel to answer charges of violating institutional policy is a serious matter. It is also a very instructive format for educating students how to represent themselves in formal settings and to authority figures. The demeanor that a hearing officer exhibits, as well as the atmosphere in which the hearing is conducted, is as much a part of the educational process at Columbus State University as any academic opportunity the student will encounter. The following is a list of guidelines that are expected levels of professional behavior for hearing officers during a disciplinary hearing. Maintain a calm and directed atmosphere. Explain the entire process to the accused before the hearing begins. Dress appropriately for the position of hearing officer. Use language that is appropriate to an office/professional setting. Listen intently to all that bring testimony, avoid interrupting except for points of clarification. Do not allow argumentative conversation or testimony. Ensure that the policies, procedures, and practices of the University are administered without prejudice or favoritism. Keep all participants of the hearing on task. Instruct individuals providing testimony to direct all remarks to the hearing officer. Instruct hearing advisor(s) that their comments should be directed through the student they are advising. Instruct all guests that their presence is a courtesy and they are not to speak or draw attention in any way. Doing so may cause them to be removed from the hearing. Adhere to the guidelines and paperwork established for judicial procedures. A hearing officer may not conduct a formal hearing without a faculty or staff member being present who serves as an assistant to the hearing officer. Reports and Letters The letters and reports generated when an incident occurs is the official record of the event and the institution’s response to that event. Every file should have a minimum of four documents; 1) incident report, 2) hearing notice, 3) hearing worksheet, and 4) disposition letter. There may be additional documents in an individual’s file such as: police reports, pictures, witness statements, etc. However, it should be understood that once a document is entered into a student’s file it becomes a permanent part of that record. 9 Student conduct records are to be kept five years after graduation or the last date of attendance13. Disciplinary records are protected educational records under FERPA. Thus, staff members who have access to these records and responsibility for administering judicial affairs should review and understand the laws and regulations associated. All electronic and hard copies of discipline records are housed by the dean of students in the student affairs office. Staff members that have been granted access will have view rights of these records at https://cm.maxient.com/colstate. Incident Reports An incident report is the official record of an event that occurred. (appendix-letters) Incident reports are filed by employees or students of the university. An incident report may also include a written statement from a witness. However, witness statements cannot be filed without an incident report. All efforts should be made not to interject emotional statements or make assumptions as to what an individual was thinking or feeling at the time of the incident. The author of the incident report should be careful to note what they actually witnessed and what was related to them on a first-hand basis by others. Refer to the Student Handbook or Residence Life Handbook for descriptions of the alleged violation. The alleged violation(s) should be included on the incident report. Include all witnesses’ names, address, telephone number, and written statements, if possible. Hearing Notice A hearing notice is a letter given to an individual who is being charged with violating institutional policy. The author of this letter is determined by the nature of the alleged infraction. (appendix-letters) 13 A Hearing Notice should be delivered electronically through Maxient. It may also be delivered via CSU email, registered U.S. Mail, or hand delivery with a signed receipt. Proof of attempt to deliver should be placed in the student’s file (copy of receipt, copy of email). Copies of incident reports, police reports, pictures, and other documents should be made available to the student prior to the hearing, giving full disclosure of all reports and evidence to student(s) accused of violating Student Conduct Standards and NonAcademic Violations. A hearing officer may issue an administrative directive within the hearing notice. These may limit a student’s participation in activities, restrict their movements on campus, or Norris, T., Record Retention Policy, Columbus State University. Memorandum, May 16, 2002, Category K64. 10 other directives needed to ensure safety and order while the accused prepares for their hearing. The dean of students has the authority to protect the identity of witnesses in some cases. If a hearing officer feels a problem may occur if the accused has knowledge of the names of witnesses, they may request that the dean of students withhold these names. Hearing Worksheet A hearing worksheet can be from an informal or formal hearing. This is considered the official record of a student judicial hearing having occurred. This is the document used on which all parties sign-in, the charges are listed, the accused places their initials on the blank line at the completion of each step of the hearing process, and the findings and sanction(s) are hand written by the hearing officer. When the hearing is completed, the hearing worksheet is to be scanned into the student’s file. Examples of hearing worksheets can be found in this document at appendix VII (Formal) and VIII (Informal). Letter of Disposition A letter of disposition is a letter given to an individual stating the findings of the hearing officer and listing sanctions, if any. This letter is issued at the completion of a hearing with efforts made to deliver it to the student within 24 hours of the hearing officer’s decision. This letter will include; 1) the original charges, 2) the findings of each charge and, 3) the sanctions issued. All sanctions must be referenced to the Sanctions and Remedies section of the Student Handbook. If a student is found not to be in violation of university policy after a formal or informal hearing, a letter of disposition should be filed indicating these findings (see appendix III, IV, and V – disposition letters). Judicial Appeal Procedure14 The ability to appeal a judicial ruling is a fundamental right that will be afforded to students at Columbus State University. The University will entertain appeals from students that have been suspended, expelled, removed from housing, or removed from class or forced to withdraw from the course and/or department. Victims in a sexual misconduct case are also afforded the same appeal process. Other cases may be reviewed in regard to policy and procedural accuracy upon the request from the student. Appeals based solely on the assertion of innocence will not be considered. Appeals of a decision by the residence life coordinators are to be forwarded to the 14 Columbus State University Student Handbook, 2012-13 11 director of residence life. Appeals of a decision by the director of residence life are to be forwarded to the dean of students. Appeals of a decision by the dean of students are to be forwarded to the vice president for student affairs. Within the division of student affairs, the decision of the vice president of student affairs is final. Appeals of the hearing officer’s decision must be presented in writing and may be requested under the following circumstances: 1. A request to introduce new and compelling evidence which was not available at the time of a hearing and which could apparently result in a different final decision; 2. The specific citation of a violation of due process as it is defined in this policy; 3. The documentable failure of the decision to comply with specific Columbus State University or University System of Georgia policies; 4. The documentable error of facts substantial enough to apparently result in a different final decision; or 5. A mercy appeal requesting a less severe sanction. Sanctions and Remedies15 A hearing officer or judicial body may assign or recommend to the appropriate administrative official one or more of the following sanctions/remedies: A. Expulsion - permanent forced withdrawal from the University. B. Suspension - forced withdrawal from the University for a specified period of time. C. Forced withdrawal from the course and/or department within which the offense occurred, either with or without credit for the course as may be adjudged. D. Reprimand - a written admonition which will be placed in the individual’s file. E. Restitution - compensation to the person or University body whose property rights have been violated by the offender. F. An appropriate change in grade. G. Revocation of privileges - loss of right or denial of privileges to participate in campus functions or to have access to the campus or University facilities including parking or housing. This may include revoking the charter or official recognition of an organization. H. Probation - placing of the student or organization under restrictions for a specified period of time. 15 I. Referral - may include referral to agencies or individuals for specific evaluation, treatment, assistance or action. J. Fines or Fees – certain fines or fees may be associated with a violation. Columbus State University Student Handbook, 2012-13 12 Special Notes: 1. An Emergency Suspension may be issued when in the judgment of the Dean of Students, and after consulting with appropriate University officials, such as the Director of Student Health Services, Campus Police and/or the Director of the Counseling Center, it is determined that the continued presence of an individual poses a significant danger or threat to the themselves, others, or the University. All Emergency Suspensions should be reviewed within 72 hours of the time of suspension and a recommendation for appropriate action forwarded to the Vice President for Student Affairs. 2. A person suspended or expelled is prohibited from entering the facilities or property of Columbus State University or the Columbus State Foundation except for the pursuit of due process. 3. Students who are suspended or expelled for disciplinary reasons or those who leave the University when disciplinary action is pending will receive a WF. 4. Students who are suspended or expelled from Columbus State University for disciplinary reasons may be held responsible for all tuition, fees, housing and meal charges, as defined by Residence Life and Business Office policies. NOTE: At the discretion of the dean of students, sanctions imposed by a court system may be substituted for institutional sanctions. However, it must be understood that the University should “still ascertain that the conviction [had] a detrimental impact on the campus, and the affected student should have the opportunity to make a contrary showing.”16 In addition, the University reserves the right to address conduct “that occurs off campus, particularly [but not limited to] if the misconduct also violates criminal law and the institution can demonstrate that the restrictions are directly related to its educational mission or the campus community’s welfare (Krasnow v. Virginia Polytechnic Institute, 551 F.2d 591 (4th Cir. 1977); Wallace v. Florida A&M University, 433 So. 2d 600 (Fla. Dist. Ct. App. 1983)).17 16 17 Kaplin, W. and Lee, B. (1995). The Law of Higher Education, San Francisco, CA: Jossey-Bass, p.461. Ibid, p.457-458. 13 APPENDIX I - Hearing Notice Date Address City, State zip Dear Mr / Ms. STUDENT: This letter is to inform you that you have been charged with violating the policies of the Columbus State University Student Handbook. The alleged violation is: Violation: VIOLATION (p.X, Student Handbook) Place: Date: Time: As a result of this alleged violation a hearing has been set for: a. DAY, DATE at TIME b. PLACE NOTE: It is the student’s responsibility to inform this office if there is a conflict with a scheduled class. The student has a right to have a hearing advisor. The advisor is selected by the accused and must be a current student, faculty, or staff member of the university. I encourage you to review the sections of the handbook that cover the violations with which you are being charged, review your rights as a Columbus State University student, and become familiar with the Judicial Procedures for the Student. If you have any questions or concerns regarding this process, please see a member of the Student Affairs Office immediately. Sincerely, NAME of HEARING OFFICER TITLE Enclosures: Cc: File Incident Report OTHER REPORTS AS NEEDED Procedure for an Administrative Hearing II - Hearing Notice – While Incarcerated DATE Aaron J. Reese Dean of Students Columbus State University 4225 University Avenue Columbus, Georgia 31907 Dear Dean Reese, I understand that I have been charged with violating policies of the Columbus State University Student Handbook as reported in the CSU Police report, case #########. I also understand that in accordance with the CSU Student Handbook, “the student [should be] given notice of the alleged violation(s) and an opportunity to be heard by an appropriate Hearing Officer”. I have received such notice of the alleged violations. As I am presently incarcerated and unable to attend an on-campus administrative hearing my response is indicated below, which I understand is my opportunity to be heard by an appropriate Hearing Office. □ I have attached a written statement in support of my claim as not guilty. □ I have attached a written statement in support of my claim as guilty. □ I choose not to give a written response, nor to give a claim of guilty or not guilty. Sincerely, Mr. NAME □ The individual, as stated above, was presented with this letter and refused to respond. ___________________________________________ Print Name Title ______________________________ Signature Date 16 III - Letter of Disposition: Guilty DATE NAME ADDRESS Dear Mr. Student: This letter is to inform you of the disposition of the charges against you. You have been found GUILTY of: 1. You have been assigned sanctions as follows: 1) a. 2) a. In accordance with the Student Handbook, appeals regarding this decision should be made in writing to the Vice President for Student Affairs. If you have questions see the handbook or contact a member of the Student Affairs staff. Sincerely, Aaron J. Reese Dean of Students Cc: Dr. Gina Sheeks, Vice President of Student Affairs Other CSU personnel and offices, as needed File 17 IV - Letter of Disposition: Not Guilty Date Name Address Dear Name: This letter is to inform you of the disposition of the charges against you. Your plea of NOT GUILTY was accepted. You have been found NOT GUILTY of: Charges As with any proceedings, it takes time and investigation to ascertain the truth. Thank you for your cooperation and understanding in this matter. Please feel free to come see me if there is anything I can do for you. Sincerely, NAME of HEARING OFFICER TITLE V - Letter of Disposition: Waiver of Right to Hearing DATE Student Address Dean , I understand that I have been charged with Violation, which is a violation of the Columbus State University Residence Life Handbook. I have been provided a copy of the incident report and attest to its accuracy. I understand that I have a right to a hearing. It is my intention to waive that right and plea “guilty as charged”. In doing so, I understand that I will receive the sanction(s) assigned this violation(s) according to the Residence Life Handbook or as discussed with the Dean of students, or his designee, and outlined below. I give this plea of “guilty as charged” of my own free will and have not been paid, threatened, or coerced into doing so in any way. Sincerely, SANCTIONS Student VIOLATION OF_________ Sanction(s): 1. Witnessed by; __________________________ Faculty or Staff Accepted by: ___________________________ Dean of Students or Designee Cc: Dr. Gina Sheeks, Vice President for Student Affairs Other CSU personnel and offices, as needed File VI - Party to the Crime of Criminal Trespass Party to the Crime of Criminal Trespass DATE: ______________ STUDENT: _______________________________ ADDRESS: ____________________________________________________ Student ID: ___________________ Dear ___________, You are hereby given notice that _____________________has been served with a Criminal Trespass Notice and is not to enter upon the land or premises of Columbus State University and/or Columbus State Foundation in Muscogee County, Georgia for any purpose after the receipt of this letter. That notice states: This notice is given to you pursuant of the provisions of 16-7-21 of the Official Code of Georgia Annotated regarding criminal trespass. In the event of your failure to comply with the directive of your entry upon the property of Columbus State University and/or Columbus State Foundation, Muscogee County, Georgia you will be prosecuted for criminal trespass. This notice shall be in effect immediately. Understand, if it is determined that the above named individual is in violation of their Criminal Trespass Notice while in your company, you will also charged with Criminal Trespass. Sincerely, ACKNOWLEDGEMENT I have read and understand this notice of Party to the Crime of Criminal Trespass ______________________ Dean of Students or designee Cc: Rus Drew, Chief of Police, CSU File ___________________________ Student Signature VII - Procedures for Formal Hearing Columbus State University Student: ___________________________________ Date of Hearing: __________ Hearing Officer: _____________________, Other Officials:____________________, _____________________ Student’s Hearing Advisor: _________________________ Approved by Student: ________________________ Charge Response of Accused Findings Sanctions Procedures for Formal Administrative Hearing: 1. A reasonable effort will be made to deliver a hearing notice and full disclosure of all reports and evidence to student(s) accused of violating Student Conduct Standards and Non-Academic Violations. _____ 2. Students will be reminded of their rights by the Hearing Officer or another university administrator before a judicial hearing begins. _____ (a) Right to a hearing, (b) Right to an advisor, (c) Right to hear testimony and see evidence, (d) Right to question witnesses, (e) Right to bring evidence, witnesses, and testimony, (f) Right to appeal. 3. The Hearing Officer will remind all witnesses that lying to any university official or hearing committee member is a violation of Columbus State University policy and subject to additional penalties. Pleading no violation when a violation is found to have occurred is not considered lying. _____ 4. Presentation and explanation of charges by Hearing Officer or his/her designee. _____ 5. Response of the accused. (see note) _____ 6. Presentation of evidence against the accused. _____ 7. Presentation of evidence for the accused. _____ 8. Deliberation in executive session (verdict consideration only). _____ 9. If the accused is found guilty, opportunity for presentation of two character witnesses is offered. The character witnesses must be prepared to present their testimony, either written or verbal, when the hearing reaches this point. (Hearing Advisors may be a character witness). _____ 10. The Hearing Officer presents a history of prior disciplinary records and reviews academic records. _____ 11. Any student(s) who has brought charges against another student will have the right to speak to the Hearing Officer in private. _____ 12. Deliberation on penalty in executive session. _____ 13. The accused is informed of penalty and reminded of the right of appeal. _____ 14. Any student(s) or staff/faculty member who brought charges will be informed of the outcome of the hearing. _____ NOTES When a student admits to a violation of university rules, the Hearing Officer may ask if the admission is freely given. If questions or doubts arise concerning the validity of the confession, the Hearing Officer can require that witnesses be produced to establish guilt. The Hearing Officer is responsible for making certain that the accused is not using a false claim to avoid penalty. _____ VIII - Procedures for Informal Hearing Columbus State University Student: ___________________________________ Date of Hearing: __________ Hearing Officer: ______________________, Other Officials:____________________, _____________________ Student’s Hearing Advisor: __________________________ Approved by Student: _________________________ Charge Response of Accused Findings Sanctions Procedures for Informal Administrative Hearing: 1. A reasonable effort will be made to deliver a hearing notice and full disclosure of all reports and evidence to student(s) accused of violating Student Conduct Standards and Non-Academic Violations. _______ Note: An informal hearing may not take place within two (2) working days of the incident. 2. Students will be reminded of their rights by the hearing officer before a judicial hearing begins and that lying to any university official or hearing committee member is a violation of Columbus State University policy and subject to additional penalties. ______ Note: In addition, the hearing officer explains what a waiver of hearing letter is to the accused. 3. Hearing officer presents the charges to the accused. ________ 4. Student responds to the charges (see note below). ________ 5. Hearing officer deliberates in executive session on verdict and sanctions. ________ 6. The accused is informed of the verdict and penalty, and reminded of the right of appeal. Note: The accused may request a waiver of hearing or formal hearing at any point prior to the hearing officer informing the accused of the verdict. NOTE When a student admits to a violation of university rules, the Hearing Officer may ask if the admission is freely given. If questions or doubts arise concerning the validity of the confession, the Hearing Officer can require that witnesses be produced to establish guilt. The Hearing Officer is responsible for making certain that the accused is not using a false claim to avoid penalty. _____ IX - Emergency Suspension: Letter to Student STUDENTS NAME ADDRESS Dear Mr/Ms: This Letter is to inform you that you have been charged with violating the policies of the Columbus State University Student Handbook. The alleged violation is: Violation: 1. 2. 3. Place: Date: Time: As a result of this alleged violation: a. You have been placed on Emergency Suspension, effective immediately (see note below). b. You are not to enter any property of Columbus State University until such time you are contacted to do so by this office in order that you may obtain due process with regard to these charges. Excerpt from: Columbus State University Student Handbook, p.80 Special notes; 1. An Emergency Suspension may be issued when in the judgment of the Dean of Students, and after consulting with appropriate University officials, such as the Director of Student Health Services, Campus Police and/or the Director of the Counseling Center, it is determined that the continued presence of an individual poses a significant danger or threat to the themselves, others or the University. All Emergency Suspensions should be reviewed within 72 hours of the time of suspension and a recommendation for appropriate action forwarded to the Vice President of Student Affairs. I encourage you to review the sections of the handbook that cover the violations with which you are being charged, review your right as a Columbus State University student, and become familiar with the Judicial Procedures for the Student, If you have any questions or concerns regarding this process, please see a member of the Student Affairs Office immediately. Sincerely, NAME TITLE Enclosures: Cc: Police Report Dr. Gina Sheeks, Vice President for Student Affairs and Enrollment Management Chief Rus Drew, University Police Other offices as needed File X - Emergency Suspension: Notice of Judicial Action NOTICE OF JUDICIAL ACTION To: Dr. Gina Sheeks, Vice President for Student Affairs and Enrollment Management From: Aaron J. Reese, Dean of Students and Enrollment Management Cc: Chief Rus Drew, University Police Date: DATE Re: STUDENT NAME BACKGROUND The above named student was placed on Emergency Suspension due to the student’s alleged involvement with the incident, as referenced with case number (#######) . In accordance with the CSU Student Handbook policy1 concerning Emergency Suspension this particular Emergency Suspension has been reviewed. RECOMMENDED APPROPRIATE ACTION 1. The Office of the Dean of Students will make reasonable effort to deliver a hearing notice and full disclosure of all reports and evidence to the student accused of violating the Student Conduct Standards of Columbus State University2. 2. The Office of the Dean of Students will make a reasonable effort to allow the student an opportunity to respond to the charges, as prescribed in the CSU University Handbook3. 3. The Office of the Dean of Students will consider all reports, evidence, and the response of the accuse student, and will render a decision consistent with the policies set fourth in the Student Handbook. Excerpts from the Columbus State University Student Handbook – 2008-09 1 An Emergency Suspension may be issued when in the judgment of the Dean of Students, and after consulting with appropriate University officials, such as the Director of Student Health Services, Campus Police and/or the Director of the Counseling Center, it is determined that the continued presence of an individual poses a significant danger or threat to the themselves, others or the University. All Emergency Suspensions should be reviewed within 72 hours of the time of suspension and a recommendation for appropriate action forwarded to the Vice President for Student Affairs (2008-09,CSU Student Handbook, p.79). 2 A reasonable effort will be made to deliver a hearing notice and full disclosure of all reports and evidence to student(s) accused of violating Student Conduct Standards and Non-Academic Violations (2008-09,CSU Student Handbook, p.78). 3 Minimum requirements for an administrative hearing consist of the student being given notice of the alleged violation(s) and an opportunity to be heard by an appropriate Hearing Officer (2008-09,CSU Student Handbook, p.78). XI - Readmission: Instructions for Readmission after Suspension Instructions Request for Readmission When suspended Columbus State University students, who have been suspended for disciplinary reasons must apply for readmission. The Behavioral Assessment and Recommendation Team (BART) is charged with the review and approval of these request. Each request will be considered on the basis of disciplinary record, academic progress and other information deemed appropriate by BART for this review. Prior to being considered for readmission, a student should: 1. Have no outstanding balance on their account with the business office, and 2. Have no holds on their records by any office, other than the Office of the Dean of Students. Students will be required to: 1. Complete an Application for Readmission (http://admissions.columbusstate.edu/forms/) 2. Submit a letter of explanation and request A letter from the student explaining: (1) the reason for suspension, (2) how personal change has occurred during the time of suspension, and (3) request for readmission to the University. 3. Have two reference letters submitted on their behalf a. One letter may be from an employer, minister or other individual that has had regular contact with the student during the time of suspension. Family members may not be used to write reference letters. b. The second letter MUST be from a licensed mental health counselor, psychologist, or psychiatrist and be on professional letterhead. NOTE1: Each of these letters should explain that: (1) the writer understands why the student was suspended, (2) the writer explains the relationship he/she has with the student and describes the regular contact with the student during the time of suspension, and (3) give reason(s) as to why the writer feels the student should be considered for readmission. NOTE2:Each letter should be mailed or faxed, by the writer to the address listed below. 4. If requested, the student will appear before the Dean of Students or other Columbus State University personnel for an interview. Mail all correspondence to: Dean of Students Columbus State University 4225 University Avenue Columbus, Georgia 31907 Fax (706) 507-8735 XII - Readmission: Reinstatement Letter DATE STUDENT ADDRESS Dear Mr. STUDENT: This letter is to inform you of the disposition regarding your request to be reinstated to Columbus State University, after being suspended for disciplinary violations of the Student Handbook. Findings: 1) You have been reinstated for TERM You must meet the stipulations as follows: 2) Counseling Center 3) Probation of some type If you fail to meet the stipulations as described above, it will be considered Disorderly Conduct (5.e.) of the Student Handbook and subject to disciplinary action. “No person shall interfere with, or fail to cooperate with, any properly identified University faculty or staff personnel while these persons are in the performance of their duties” Upon your arrival back on campus, please make an appointment with the Student Affairs Office to meet with me. Sincerely, Aaron J. Reese Dean of Students Cc: Dr. Gina Sheeks, Vice President for Student Affairs Other CSU personnel and offices, as needed File XIII - Readmission: Denial Letter DATE STUDENT ADDRESS Dear Mr. STUDENT: This letter is to inform you of the disposition regarding your request to be reinstated to Columbus State University, after being suspended for disciplinary violations of the Student Handbook. Findings: 1. Your petition has been denied. A person suspended form the University is prohibited from entering the facilities or property of Columbus State University or the Columbus State Foundation except for the pursuit of due process. Any and all permission to enter campus for this purpose must be obtained through the office of the Dean of Students. Students who have been “Criminally Trespassed” must obtain additional permission from the University Police Department. Sincerely, Aaron J. Reese Dean of Students Cc: Dr. Gina Sheeks, Vice President for Student Affairs Other CSU personnel and offices, as needed File XIV – Sanctioning Guidelines: Alcohol Sanctioning Guidelines Alcohol First Violation o Disciplinary Probation o Complete online alcohol education course and meet with the Counseling Center, as directed. A $25.00 fee is associated with this course o A fine of $100.00 o Parental notification o Additional sanction may be assigned at the discretion of the Judicial Hearing Officer Second Violation o Disciplinary Probation o Complete the Columbus State University Alcohol and Marijuana Restorative Justice Program. There is a $50.00 fee associated with this course o A fine of $150.00 o Parental notification o Additional sanction may be assigned at the discretion of the Judicial Hearing Officer Third Violation o Students found to be violation of the University’s alcohol policy for a third time while they are a student at Columbus State may be suspended for a minimum of one semester o Parental notification o To be considered for readmission, students must meet all of the requirements of the Instructions for Readmission When Suspended o Additional stipulations pertaining to substance abuse may be required if a student is readmitted NOTE: 1. Any student found to be in violation of a Student Conduct Code policy while on disciplinary probation is subject to suspension from the University for one semester. 2. Processing of course fees and fines will be done by the Bursar’s Office. Students will be given a receipt, which is to be turned into the Office of the Dean of Students. 3. Funds will be deposited into the Student Affairs, Alcohol and Drugs Education account to support alcohol and drug educational programs. XV – Sanctioning Guidelines: Marijuana Sanctioning Guidelines Marijuana Any student thought to be engaged in distribution or felony possession of marijuana will be referred to the University Police Department and subject to suspension. First Violation o Disciplinary Probation o Complete online alcohol education course and meet with the Counseling Center, as directed. A $50.00 fee is associated with this course o Complete the Columbus State University Alcohol and Marijuana Restorative Justice Program. There is a $50.00 fee associated with this course o A fine of $150.00 o Parental notification o Additional sanction may be assigned at the discretion of the Judicial Hearing Officer Second Violation o Students found to be violation of the University’s Misdemeanor Marijuana policy for a second time while they are a student at Columbus State may be suspended for a minimum of one semester o Parental notification o To be considered for readmission, students must meet all of the requirements of the Instructions for Readmission When Suspended o Additional stipulations pertaining to substance abuse may be required if a student is readmitted NOTE: 1. Any student found to be in violation of a Student Conduct Code policy while on disciplinary probation is subject to suspension from the University for one semester. 2. Processing of course fees and fines will be done by the Bursar’s Office. Students will be given a receipt, which is to be turned into the Office of the Dean of Students. 3. Funds will be deposited into the Student Affairs, Alcohol and Drugs Education account to support alcohol and drug educational programs.