On May 9, 2021, Georgia’s Governor Brian Kemp passed into law the “Max Gruver Act” which amends the state’s hazing laws found in Georgia Code Section 16-5-61. Most notably the Act expands (1) the definition of hazing and school organizations that could potentially engage in hazing, (2) the protection against hazing to prospectively enrolled students, and (3) the public disclosure requirements for hazing incidents.
The public disclosure of each incident of hazing adjudicated pursuant to this Code shall include the following minimal information to be posted prominently on the school’s website for a period of not less than five (5) years after final adjudication or conviction. This information shall include:
The name of the school organization involved
The date or dates on which the hazing occurred
A description of the specific hazing related findings, sanctions, adjudications, and convictions for any person or school organization.
Public disclosure provided pursuant to this Code shall not include the personal identifying information of any individual student and shall be subject to the requirements of the Family Education Rights and Privacy Act.
Within fifteen (15) University business days from the time of detection of an alleged violation, complaints of suspected behavioral misconduct against a student should be reported to the Office of Student Conduct via the Behavior Incident Reporting Form. This complaint shall include:
Name and MGA ID number of the student alleged to have violated the Code.
Date(s), time(s), and location(s) of the alleged violation.
Type or nature of the alleged violation.
Supporting documentation related to the alleged violation including but not limited to:
Written statement from the complainant or reporter outlining the alleged violation and a basic timeline of events
Witness statements, if any
Photographs related to the alleged violation, if any
Other relevant documents or emails
Failure to provide any or all of these documents may impact the ability to proceed with alleged violations.
The Office of Student Conduct, in consultation with the complainant or reporter, will determine:
If an alleged violation shall be pursued or dismissed.
The appropriate alleged violation.
The appropriate sanction.
The appropriate means for addressing or adjudicating the alleged violation.
The student respondent(s) will be provided an opportunity to hear and review the nature of the charge, review the documentation associated with the charge, and choose from adjudication options.
The student respondent(s) shall have at least three (3) University business days to respond to the allegation and select his/her adjudication option.
Adjudication Options
Respondent accepts responsibility for the alleged violation, accepts the sanction, and waives hearing and appeal rights.
Respondent denies responsibility and requests a hearing on the alleged violation.
Hearing Process/Resolution
When a student accepts responsibility for the alleged violation and accepts the sanction, he/she will acknowledge this acceptance in writing or via email from their MGA email account.
The sanction will be imposed, and the case will be considered resolved once any and all sanctions have been completed.
When a student denies responsibility for an alleged violation, he/she will have the opportunity to have the case heard before a Student Conduct Hearing Panel or before a Student Conduct Hearing Officer.
The student will schedule a preliminary meeting with a Student Conduct Officer to review the initial complaint and sanction and will confirm the request for a hearing in writing.
The Student Conduct Officer will coordinate a hearing based on the student’s choice of a Hearing Panel or a Hearing Officer within ten (10) University business days after the written request is received.
If there are extenuating circumstances that prevent or limit the ability to schedule a hearing, the Student Conduct Officer will notify the student in writing and shall request an extension of no more than ten more days to schedule the hearing.
A written notice of the date, time, and location or manner of the hearing shall be provided at least three (3) days prior to the hearing. This notice shall be provided by institutional email, or by alternative method, as necessary.
Hearings will be held during regular hours of operation on the Cochran or Macon campus, or online via Teams.
The student may also request a continuance if circumstances are such that a delay is warranted. This request must be made in writing. A continuance may be granted at the discretion of the Hearing Officer with written notice of the rescheduled hearing provided to the student.
A Student Conduct Officer shall serve as the non-voting Chair of the hearing body, be it a Hearing Panel with members of the Student Conduct Board, or Hearing Officer, either based on availability of those individuals.
Findings
After both parties (complainant and respondent) have had an opportunity to present their side of the case, the hearing body will, in a closed session, deliberate and reach a decision regarding the responsibility of the respondent related to the violation of the Student Code of Conduct.
In cases heard by a Student Conduct Hearing Panel, a majority vote is necessary to reach a decision regardless of the quorum.
During deliberation, the hearing body will make a decision based on whether it is more likely than not that a violation of the Code of Conduct occurred.
If the student is found responsible for behavioral misconduct, the hearing body will determine an appropriate sanction.
Sanctions of suspension or expulsion shall be considered recommendations and may require further approval by the University and/or the University System of Georgia.
If the student is found not responsible, the Hearing Officer will notify the complainant/reporter and the respondent of the decision and the case will be considered closed, with no further action to be taken.
As noted previously, in accordance with the Max Gruver Act, the public disclosure of each incident of hazing adjudicated pursuant to this Code shall include the following minimal information to be posted prominently on the school’s website for a period of not less than five (5) years after final adjudication or conviction. This information shall include:
The name of the school organization involved
The date or dates on which the hazing occurred
A description of the specific hazing related findings, sanctions, adjudications, and convictions for any person or school organization.
Following a hearing both the respondent and the complainant shall be provided a written decision via institutional email of the outcome and any resulting sanctions. The decision shall include details as to how to appeal.
In determining the severity of sanctions or corrective actions the following should be considered: the frequency, severity, and/or nature of the offense; history of past conduct; an offender’s willingness to accept responsibility; previous institutional response to similar conduct; strength of the evidence; and the wellbeing of the university community.
The following are appropriate behavioral sanctions that may be imposed upon the student. This list is not exhaustive, and the University reserves the right to modify or enlarge the list at any time depending on the nature of the violation.
Sanctions may include one or a combination of the following:
Student Conduct Warning, or an official written reprimand.
Student Conduct Probation, or a defined period of time during which further violations of the rules and regulations of the University may result in harsher sanctions, to include suspension or expulsion.
Community Service Hours – Students may be required to complete work at a designated or pre-approved location for a specific number of hours and provide documentation of completed hours.
Educational Programs – Students may be required to attend programs on special topics or complete on-line education courses related to the offense. This does not include academic courses for credit.
Restricted Presence on campus – Students may be restricted from certain areas on campus which would not interfere with their ability to attend classes or complete coursework.
Special Projects – Students may be required to write papers and/or present programs on topics related to the offense.
Substance Abuse Assessment – Students may be required to submit to an assessment for substance abuse. Periodic drug testing, not to exceed two random tests per semester for a minimum of three semesters, may be required.
Restitution – Students may be required to reimburse the University or other persons, groups or organizations for damages incurred as a result of the violation of the Code of Conduct.
Confiscation – The University reserves the right to confiscate goods used or possessed in violation of the Student Code of Conduct. Items confiscated by MGA Campus Police will not be returned as those items may be used as evidence in any criminal proceedings.
Fines – Students may be required to pay a Student Conduct fine in relation to alcohol, marijuana, or other drug-related violations or related to damage to University property.
Fines for alcohol related infractions
1st offense - $75.00
2nd offense - $100.00
3rd /repeat offense - $150.00 plus possible loss of housing privileges; possible suspension or expulsion
Fines for Marijuana or drug related infractions
1st offense - $100.00
2nd offense - $150.00
3rd /repeat offense - $200.00 plus possible loss of housing privileges; possible suspension or expulsion
Fines for Damage to Property will be based on an estimate to repair the damage (to include parts, supplies, labor)
Administrative Holds – The University may place an administrative hold (I.e., Dean of Student or DS Hold) on student records which may prevent release of transcripts, delay in registration, prevent review of grades, and prevent graduation or receipt of diploma.
Loss of Student Office/Leadership Position – Students in elected/appointed positions may lose the position as a result of a violation of the Code of Conduct.
Course Withdrawal – Students may be withdrawn from an academic course(s) within which a violation of the Code of Conduct occurred or from the institution as a whole without receiving academic credit for the course(s), fees, or refunds.
Removal from the Residence Life Program – Students may be removed from residence halls, either for a defined period of time or permanently. Additionally, students may be responsible for payment of any remaining costs associated with the housing contract and/or early termination fee. Removal from the Residence Life program does not necessarily equal suspension or expulsion from the University.
Temporary or Permanent separation of the Parties – Students may receive a change in classes, reassignment of residence or no contact orders (issued either by the court system or by an appropriate University Official), limiting geography of where parties can go on campus. If a student is temporarily suspended from an academic course, not to exceed two (2) class meetings, the student is still responsible for any material covered during the temporary suspension.
Interim Suspension
Interim suspensions – that is, suspension while the investigation and adjudication process are proceeding – should only occur where necessary to maintain safety and should be limited to those situations where the respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the institution should consider the existence of significant risk to the health or safety of the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.
Before an interim suspension is issued, the institution must make all reasonable efforts to give the respondent the opportunity to be heard on whether his or her presence on campus poses a danger. If an interim suspension is issued, the terms of the suspension shall take effect immediately. When requested by the respondent, a hearing to determine whether immediate suspension should continue will be held within three (3) University business days of the request.
Where the potential sanctions for the alleged misconduct may involve a suspension or expulsion (even if such sanctions were be held “in abeyance”, such as probationary suspension or expulsion) the institution’s investigation and resolution procedures must provide these additional, minimum safeguards:
The Respondent shall be provided with written notice of the complaint/allegations, pending investigation, possible charges, possible sanctions, and available support services. The notice shall also include the identity of any investigator(s) involved. Notice shall be provided via University email. Where applicable, a copy shall also be provided to any and all complainants/alleged victims via the same means.
Upon receipt of the written notice, the respondent shall have three (3) University business days to respond in writing. In that response, the respondent shall have the right to admit or deny the allegations, and to set force a defense of facts, witnesses, and documents – either written or electronic – in support. A non-response will be considered a general denial of the alleged misconduct.
Suspension – A decision of suspension terminates the student’s status as an enrolled student for a specified period of time and prohibits the student from attending classes. A suspended student may not participate in University-sponsored activities or be present on campus with specific written authorization from an appointed Student Conduct Officer. The Student Conduct Officer may further impose a summary suspension in cases where a suspended student chooses to violate the terms of his/her suspension. Suspended students may not receive academic credit of any kind from another institution if earned during the period of suspension from the University. Suspended students may not receive a refund of fees.
Expulsion – A decision of expulsion constitutes a permanent severance of the student’s relationship with the University. An expelled student may not enter any part of the campus without specific written authorization from an appointed Student Conduct Officer and/or Campus Police. Expelled students shall not receive a refund of fees. Expelled students shall receive the grade of “F” in any classes in which he or she is enrolled.
Revocation of Admission and/or Degree - Admission to or a degree awarded by the University may be revoked for fraud, misrepresentation, or other violation of University standards in admittance processes, obtaining a degree, or for other serious violations committed by a student prior to graduation.
Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code, including the completion of all sanctions imposed, if any.
Students who are responsible for any type of violation of the Code of Conduct will not be permitted to avoid sanctioning by withdrawing from a class or from the University. An administrative hold may be placed on any student who does not respond to requests to adjudicate alleged violations. Student who withdrawn from a class before adjudication occurs may be added back to the class and the appropriate sanction applied.
Other than expulsion or revocation or withholding a degree, sanctions shall not be made a part of the student’s permanent academic record but shall become part of the student’s conduct record.
Students should be aware of the impact any sanction may have on their educational standing including, but not limited to, the following:
Academic standing
Tuition, Housing/Residence Hall costs and fees (suspension does not forgive financial obligations)
Student financial aid including HOPE and institutional scholarships
Co-curricular participation and eligibility to include athletics and recognized student organizations
Health insurance
Participation in the Residence Life program
Meal plans
Use of University resources and access to University facilities/campuses.
Visa/immigration status for international students
Benefits related to veterans and dependents of veterans
Internships, co-ops, and study abroad opportunities
Class withdrawal
Appeals
A respondent found responsible for a violation of the Code of Conduct, regardless of the sanction, shall have the right to appeal the outcome on any of the following grounds:
To consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing, because such information was not known or knowable to the person appealing during the time of the original hearing.
To allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing, including, but not limited to, whether any hearing questions were improperly excluded, whether the decision was tainted by bias, or whether there was a violation of the student’s due process.
To allege that the finding or sanction was inconsistent with the weight of the information.
Appeals may be made by the respondent for the above reasons in any case where sanctions are/were issued by a Hearing Panel or Hearing Officer – even those in which such sanctions are held “in abeyance,” such as probationary suspension or expulsion.
The appeal must be made in writing and must set forth one or more of the bases outlined above and must be submitted within five (5) University business days of the date of the final written outcome decision.
Students who choose not to use the above form should direct their written appeal to the original Student Conduct Officer who served on the case.
Appeals shall be a review of the record only, and no new meeting with the respondent, complainant, or witnesses will be held.
The Student Conduct Officer will convene an Appeals Body. This Appeals Body may be a Hearing Officer or a Hearing Panel, neither of which shall be comprised of any individual involved in the original hearing. These proceedings will be held within five (5) University business days of the receipt of the written appeal by the respondent.
In rare cases, the Student Conduct Officer may ask for an additional five (5) University business days when it may be challenging to coordinate availability of the Appeals Body.
The Appeals Body will make one of the following decisions:
Affirm the original finding and sanction.
Affirm the original finding but issue a new sanction(s) of lesser severity.
Remand the case back to the original decision-maker to correct a procedural or factual defect.
Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.
The Student Conduct Officer shall issue a decision in writing to the respondent and complainant within five (5) University business days of the Appeal Body’s decision.
This decision may be then appealed in writing within five (5) University business days (as determined by the date of the appeal decision letter) to the President of the University solely on the grounds set forth above.
The President will make one of the following decisions:
Affirm the original finding and sanction.
Affirm the original finding but issue a new sanction(s) of lesser severity.
Remand the case back to the original decision-maker to correct a procedural or factual defect.
Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.
The President’s decision shall be issued in writing to the respondent within five (5) University business days.
The President’s decision shall be the final decision of the institution.
Should the respondent wish to appeal the President’s decision, he or she may request a review by the Board of Regents in accordance with the Board of Regents’ Policy on Discretionary Review.
Applications for review shall be submitted in writing to the University System Office of Legal Affairs within 20 calendar days following the final institution decision.
