Complaint Resolution Process

The process to address alleged Student Code of Conduct violations has been established to provide the student with due process while ensuring the safety of the college community as a whole. This process is static and may change only when extreme unpredictable circumstances arise.

When a complaint is received, the Student Conduct Officer or his/her designee will meet with the Respondent. The Respondent will be advised of the allegation(s), the student conduct process, and student’s rights and responsibilities.

If during this meeting the Respondent accepts responsibility, then the student can choose between an informal resolution meeting with sanctions or mediation between the Complainant and Respondent. Please note: mediation will only happen if both parties agree. Mediation may never be used in cases of alleged sexual misconduct.

If during the meeting the Respondent does not accept responsibility, then the Student Conduct Officer or a designee will initiate an investigation. The Student Conduct Investigator will interview all parties involved and determine whether the Respondent committed the alleged conduct and whether the alleged conduct constitutes a violation of the Student Code of Conduct.  If the Student Conduct Investigator does not find any evidence of a potential violation of the Student Code of Conduct, the Student Conduct Investigator can recommend that the case be dismissed by the Student Conduct Officer.

If the Student Conduct Investigator finds any evidence of a potential violation of the Student Code of Conduct, the investigator can recommend that the case moves forward to a Formal Hearing Process.

Please note: All meetings will be recorded for accuracy of information and will remain confidential. This is permitted in accordance with the Georgia Recording Law.

A. Informal Resolution Meeting

The Student Conduct Investigator will request an initial meeting with the Complainant, Respondent, and/or witnesses in order to determine whether the Respondent committed the alleged conduct and whether the alleged conduct constitutes a violation of the Student Code of Conduct. The Respondent will be advised of the allegation(s), the student conduct process, and the student’s rights and responsibilities. Every effort will be made to resolve the matter by mutual agreement. Following the preliminary meeting(s), a report will be sent to the Student Conduct Officer who will take one of the following actions:

1. If the Respondent fails to respond to meeting request and / or fail to appear, the Student Conduct Officer may consider the available evidence without the Respondent’s input and make a determination. If the Student Conduct Officer finds the Respondent responsible, s/he may impose sanctions. The Respondent will be notified of the sanction via his or her official college email address and/or certified mail. The Respondent will be granted (five) 5 Business Days to appeal the sanction to the Vice President of Student Affairs.
2. If there is no basis for the allegation or if it does not warrant disciplinary action, the Conduct Officer will dismiss the allegation.
3. If the Respondent accepts responsibility of the alleged violations, sanctions will be determined by the Student Conduct Officer. However, depending on the severity of the alleged violation(s), sanctioning may be deferred to the Student Conduct Panel.

Interim Contact Restrictions. As a general rule, the status of a student accused of violations of the Student Code of Conduct should not be altered until a final determination is made regarding the all allegations against him/her. However, interim suspension may be imposed upon a finding by the Student Conduct Officer that the continued presence of the accused student on campus constitutes a potential or immediate threat to the safety and wellbeing of the accused student or any other member of the College community or its guests, or that the continued presence of the student on campus creates a risk of substantial disruption of classroom or other College-related activities. If an interim disciplinary suspension is imposed, the matter must be referred as soon as possible to the Hearing Panel.

B. Formal Hearing Process

The Respondent may choose an Administrative Meeting or Student Conduct Panel Hearing, unless extenuating circumstances requires a panel hearing.

1. Administrative Meeting
1. The Respondent will receive a letter identifying charges for the alleged violations. The charge letter will specify allegations of misconduct in sufficient detail to enable the Respondent to respond.
2. The Respondent will be required to attend an Administrative Meeting with the Student Conduct Officer within five (5) Business Days from the date of the charge letter from the Student Conduct Officer. If the Respondent fails to schedule or attend the required Administrative Meeting with the Student Conduct Officer, the Student Conduct Officer may proceed with the case in the Respondent’s absence, including making an administrative decision about the Respondent’s responsibility regarding the charges.
3. At the Administrative Meeting, the Student Conduct Officer will review the Code of Conduct with the Respondent and provide the following:

                              i.    an explanation of charges;

                             ii.    a copy of the Code, upon request;

                             iii.    a copy of the complaint, upon request;

                            iv.    a review of the Respondent’s due process rights:

1. the right to a notice in writing of all charges; and

2. the right to a fair and impartial meeting resolution which may not include the person(s) who brought the charges;

                             v.    an explanation of the Student Conduct process including:

• the opportunity to admit or deny responsibility for the alleged violation, and choose between having the Student Conduct Officer resolve the case administratively or having the Student Conduct Hearing Panel resolve the case
• the right to introduce documents, to call witnesses, and present other evidence during a conduct proceeding. NOTE: The right to call witnesses is accompanied by the obligation to provide the name(s) of and rationale for each witness, in writing, at least two (2) Business Days in advance of a meeting or hearing to the Student Conduct Officer;
• the right to pose questions of witnesses presented against the Respondent at a student conduct proceeding. All questions posed by the Respondent are to be directed towards the Student Conduct Officer during proceedings;
• the right to not be compelled to be a witness against oneself or to have his or her silence taken as an indication of responsibility for a violation;
• the right to be accompanied by an advisor of his or her own choosing according to Section 1 of the Student Code of Conduct. Advisors acting out of order, as determined by the Student Conduct Officer or his/her designee, will be asked to leave the hearing/meeting;
• the right to request postponement of a disciplinary proceeding if circumstances warrant. In most cases, a postponement will only be granted due to an academically related commitment. The decision to postpone a conduct proceeding rests with Student Conduct Officer; and
• the right to appeal the decision of a conduct proceeding in accordance with Student Code of Conduct appeal procedures.

No later than twenty (20) Business Days after meeting with the Respondent, an official investigation will be completed. Depending on the alleged violation(s), more time may be needed to complete the official investigation is which case the Respondent will be notified in writing.

2. Student Conduct Hearing Panel

The Student Conduct Hearing Panel will conduct a formal hearing on all cases assigned to them for the purposes of reviewing the evidence and recommending a finding of responsibility and disciplinary actions to the Student Conduct Officer. The Student Conduct Officer will arrange the meeting and the chairperson for the meeting(s) will develop a written statement of the findings and recommended action(s) from the Student Conduct Panel. The panel hearing will follow the procedures outlined below.

Please note: All meetings will be recorded for accuracy of information and will remain confidential. This is permitted in accordance with the Georgia Recording Law.

1. At the beginning of the hearing, the Respondent will be introduced to others who are present. The Respondent will be informed of standards alleged to have been violated and will be advised that he/she has rights specified in Section B.1.c.v.
2. The chair will read the incident report and ask the Respondent to respond.
3. If present, the Complainant will have an opportunity to describe what happened, and the Respondent will have a chance to respond.
4. If present, witnesses will be asked to describe what happened, and the Respondent will have a chance to respond.
5. All communication between the Respondent, Complainant, and witnesses will be directed to the chairperson. The chairperson will decide which questions to ask of each person.
6. The chairperson may reasonably limit the scope and time devoted to each matter or item of discussion during hearings, as well as the number of persons testifying.
7. The chairperson will decide the order of witnesses and when the Complainant and witnesses will be in the hearing room.
8. The chairperson and/or members of the Student Conduct Hearing Panel may ask questions of any Respondent, Complainant, or witness during the hearing.
9. At the conclusion of the hearing, the Respondent, Complainant, Advisors and witnesses will be asked to leave the room. These individuals will not be present during the deliberations of the student conduct panel. A decision letter will be sent to the Respondent within five (5) business days after the hearing. The Complainant will receive a notification of the panel’s decision.

C. Sanctions, Appeals, and Disciplinary Impact

Sanctions are penalties that are imposed upon a respondent that, through due process, has been found to be responsible for a Student Code of Conduct Violation. Sanctions are divided into two categories, sanction applicable to an Informal Resolution Meeting and sanctions applicable to a Formal Resolution Meeting.

In determining appropriate sanctions for violations of the Student Code of Conduct consideration may be given to:

• The nature of, severity of, and circumstances surrounding the violation.
• The student's or organization’s acceptance of responsibility.
• Conduct history of the student or organization.
• The impact of a sanction on a student or other students in the organization.
• Previous cases involving similar conduct.
• Any other information deemed relevant by the Student Conduct Hearing Panel or the Student Conduct Officer.

1. Types of Sanctions – Informal Resolution Meeting

Warning: A warning to the student that the behavior is unacceptable and that if the pattern of behavior continues, the student will face disciplinary action up to and including suspension from the college. Verbal warnings will be documented by the instructor or College official and included as evidence in the event of subsequent violations.

Reprimand: A written reprimand may be given to any student. Such a reprimand does not restrict the student in any way, but it signifies to the student that he/she is, in effect, being given another chance to conduct himself/herself as a proper member of the College community, and that any further violation may result in more serious sanctions.

Educational Assignment: Educational sanctions may include work assignments, essays, community service, participation in college-sponsored programs or activities, behavioral contract, alcohol and/or drug education and counseling with a certified drug and/or alcohol counselor, and other related educational assignments.

2. Types of Sanctions – Formal Resolution Meeting

Formal Resolution Meeting sanctions include all Informal Resolution sanctions and the following additional sanctions:

Restitution: A student who has committed an offense against property may be required to reimburse the College or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.

Restriction: A restriction upon a student’s privileges for a period of time may be imposed. This restriction may include, but is not limited to, denial of the right to represent the College in any way, denial of use of facilities, alteration or revocation of parking privileges, or restrictions from participating in extracurricular activities.

Disciplinary Probation: Continued enrollment of a student on disciplinary probation may be conditioned upon adherence to specified terms. Any student placed on disciplinary probation will be notified of the terms and length of probation in writing. If the student is found "in violation" of these terms or for violating another part of the Student Code of Conduct after due process, more severe sanctions may be imposed as specified by the terms of probation, such as suspension. Restrictive conditions may be imposed and vary according to the severity of the violation. While on Disciplinary Probation, restrictive conditions may include, but may not be limited to the following: loss of good standing, which may become a matter of record; denial of the privilege to occupy a position of leadership or responsibility in any College registered student organization, publication, or activity, or ability to represent the College in an official capacity or position; denial of use of College facilities; or no contact with another specified person(s). Under Disciplinary Probation, the student may continue to attend classes and is given a chance to show capability and willingness to act in accordance with College rules. However, if the student is subsequently found in violation of a rule while on Disciplinary Probation, the College may suspend the student from the College. While on Disciplinary Probation, a disciplinary hold will be placed on a student’s record during the probation period.

Disciplinary Suspension: If a student is suspended, he/she is separated from the College for a stated period of time. This includes but not limited to, not being enrolled in classes, participate in College related activities, whether they occur on or off campus, may not be an active member of a Registered Student Organization, may no longer use College facilities, may no longer be permitted on College property, and may not be employed by the College. Depending on the violation, a student may not be permitted to reenroll, resume courses, and/or take courses from specified instructors in the original program of study in which the violation took place. This determination is set forth and established by the Dean of the program of study.

Conditions of reinstatement, if any, must be stated in the notice of disciplinary suspension. A student under disciplinary suspension may not otherwise be present on College premises unless authorized in writing in advance under conditions approved by the Student Conduct Officer or his/her designee for a limited specified purpose. Student are subject to the standard refund period as established by the Technical College System of Georgia.

A disciplinary hold will be placed on a student’s record during the suspension period.

If a Respondent choose to withdraws from a course or Chattahoochee Technical College, all sanctions will stand, even if the Respondent returns at a later date.