KSU Student Codes of Conduct

 

The Kennesaw State University

Student Codes of Conduct

Table of Contents

Preface

Section 1: Philosophy Statement

Section 2: Jurisdiction

Section 3: Violations of the Law

Section 4: Student Conduct and Academic Integrity (SCAI) Authority

Section 5: The Codes of Conduct (the Rules):

   A. Student Code of Conduct

   B.  Residential Code of Conduct

   C. Code of Academic Integrity

Section 6: Possible Sanctions

Section 7: Appeals

Section 8: Interim Actions

 

The Kennesaw State University Code of Student Conduct is adapted from The NCHERM Group Model Developmental Code of Student Conduct and is used here with permission.

www.ncherm.org

 

 

Preface

 

Core Values of Student Conduct at Kennesaw State University

  • Integrity: Kennesaw State University students exemplify honesty, honor and a respect for the truth in all of their dealings.
  • Community: Kennesaw State University students build and enhance their community.
  • Social Justice: Kennesaw State University students are just and equitable in their treatment of all members of the community and act to discourage and/or intervene to prevent unjust and inequitable behaviors.
  • Respect: Kennesaw State University students show positive regard for each other, for property and for the community
  • Responsibility: Kennesaw State University students are given and accept a high level of responsibility to self, to others and to the community.

All students are responsible for knowing the information, policies and procedures outlined in this document.Kennesaw State University reserves the right to make changes to this code as necessary and once those changes are posted online, they are in effect. Students are encouraged to check online https://web.kennesaw.edu/scai/content/ksu-student-code-conduct for the updated versions of all policies.

 

Kennesaw State University: Codes of Student Conduct

 

Section 1: Philosophy Statement

The Kennesaw State University community is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life and thoughtful study and discourse. The student conduct program within the Office of Student Conduct and Academic Integrity (SCAI) is committed to an educational and developmental process that balances the interests of individual students with the interests of the University community.

A community exists on the basis of shared values and principles. At Kennesaw State University, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Codes of Student Conduct. These standards are embodied within a set of core values that include integrity, social justice, respect, community, and responsibility.

Each member of the University community bears responsibility for his or her own conduct and to assume reasonable responsibility for the behavior of others. When members of the community fail to exemplify these five values by engaging in violation of the rules below, campus conduct proceedings are used to assert and uphold the Codes of Student Conduct.

The student conduct process at Kennesaw State University is not intended to punish students; rather, it exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to control his or her own behavior so that it conforms to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.

Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. University disciplinary proceedings may be instituted against a student charged with a violation of a law which is also a violation of these Student Codes of Conduct without regard to the existence of related civil litigation in court or criminal arrest and prosecution. Proceedings under these Student Codes of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.  Procedures and rights in student conduct procedures are intended to be conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures notice and an opportunity to be heard. A student who is accused of a Code of Conduct violation may have an opportunity to be heard before a decision is made about his or her responsibility for a violation.  Nevertheless, when a student fails to appear for a hearing/disciplinary meeting after notice of the hearing has been sent to that student’s KSU email address, the hearing officer or panel may make a decision without that student’s input or explanation.  No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

 

Section 2: Jurisdiction

Students at Kennesaw State University are provided a copy of the Codes of Student Conduct annually in the form of a link on the University website. https://web.kennesaw.edu/scai/content/ksu-student-code-conduct Hard copies are available upon request from the Office of Student Conduct. Students are responsible for having read and abiding by the provisions of the Codes of Student Conduct.

The Codes of Student Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, and all University-affiliated student organizations. For the purposes of student conduct, the University considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the University or, an individual lives in any housing community on any KSU campus regardless of whether s/he is accepted as or is enrolled in Kennesaw State University class(es). In addition, any GHC student attending GHC classes on the KSU Marietta campus (regardless of whether s/he lives on campus or not) is bound by the KSU Student Code of Conduct (the disciplinary rules) and adjudication process for behavior that occurs on a KSU campus but outside the actual classroom.

The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll, and all sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the University may invoke these procedures and should the former student be found responsible, the University may revoke that student’s degree.

The Codes of Student Conduct apply to behaviors that take place on the campus, at University-sponsored events and may also apply off-campus when the Dean of Students or designee determines that the off-campus conduct affects a substantial University interest.[1] A substantial University interest is defined to include:

  • Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of him/herself or others; and/or
  • rAny situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
  • Any situation that is detrimental to the educational mission and/or interests of the University;

The Codes of Student Conduct may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The University does not regularly search for this information but may take action if and when such information is brought to the attention of University officials. Most online speech by students not involving University networks or technology may be protected as free expression and not subject to these Codes.

The Codes of Student Conduct apply to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of the University may seek resolution of violations of the Codes of Student Conduct committed against them by members of University community.

There is no time limit on reporting violations of the Codes of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.

Though anonymous complaints are permitted, doing so may limit the University’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Student Conduct and/or to Campus Police.

If a responding student facing an alleged violation of the Codes of Student Conduct withdraws from a class or the University, this will not prevent a code of conduct investigation and hearing from taking place and all such allegations will be resolved.  Once the disciplinary process is complete, if the student is sanctioned, the student must complete the sanctions before becoming eligible to re-enroll, if at all.

Kennesaw State University student email is the University’s primary means of communication with students. Students are responsible for reading all communications delivered to their University email address.

 

Section 3: Violations of the Law

Alleged violations of federal, state and local laws may be investigated and addressed under the Codes of Student Conduct. When an offense occurs over which the University has jurisdiction, the University conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.

The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint (additional grounds for interim suspension are outlined later in this document). Interim suspensions are imposed until a hearing can be held.  Within that time, the suspended student may request a hearing from the Director of Student Conduct to show cause why the interim suspension should be lifted. This hearing, conducted as soon as practical, may resolve the allegation, or may be held to determine if the interim suspension should be continued. The interim suspension may be continued if a danger to the community is posed and the University may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the University will only delay its hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed. 

 

Section 4: Student Conduct and Academic Integrity (SCAI) Authority

A.     Authority 

The Dean of Students is vested with the authority over student conduct by the President. The Dean of Students appoints a Director of Student Conduct and Academic Integrity (SCAI) to oversee and implement the student conduct process.  The Dean of Students also serves as the appeals officer when applicable.

The Director of Student Conduct (or designee) will assume responsibility for the investigation and resolution of any allegation of misconduct (academic and non-academic).  In certain circumstances, a hearing panel, rather than a hearing officer, may decide the issue of responsibility for codes of conduct violation(s) and the panel may make recommendations for sanctions if the respondent is found responsible.  See the SCAI processes and procedures for more information. https://web.kennesaw.edu/scai/content/scai-misconduct-procedures          

B.      Gatekeeping

No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a victim’s statement. A complaint wholly unsupported by any credible information will not be forwarded for a hearing.

C.      Conflict Resolution Options

The Director of Student Conduct and Academic Integrity has discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The Director of Student Conduct and Academic Integrity may also suggest that complaints that do not involve a violation of the Codes of Student Conduct be referred for mediation or other appropriate conflict resolution.

D.     Composition of the Hearing Panel

When appropriate, the Director of Student Conduct will be responsible for assembling the hearing panel according to guidelines found in the SCAI processes and procedures. https://web.kennesaw.edu/scai/content/scai-misconduct-procedures         

 

Section 5: The Codes of Conduct (The Rules)

 

A.     Student Code of Conduct

Core Values and Behavioral Expectations

The University considers the behavior described in the following sub-sections as inappropriate for the University community and in opposition to the core values set forth in this document. These expectations and rules apply to all students, whether undergraduate or graduate. The University encourages community members to report to University officials all incidents that involve the following actions. Any student found to have committed or to have attempted to commit the following misconduct is subject to the sanctions outlined in the section below entitled, Possible Sanctions.

Integrity: University students exemplify honesty, honor and a respect for the truth in all of their dealings. Behavior that violates this value includes, but is not limited to:

 

1)      Falsification. Knowingly furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification or financial instruments;

2)      Academic Dishonesty. Acts of academic dishonesty as outlined in the Code of Academic Integrity (printed in its entirety later herein);

3)      Unauthorized Access. Unauthorized access to any University building (i.e. keys, cards, etc.) or unauthorized possession, duplication or use of means of access to any university building or failing to timely report a lost University identification card or key;

4)      Collusion. Action or inaction with another or others to violate the Code of Student Conduct;

5)      Trust. Violations of positions of trust within the community;

6)      Election Tampering. Tampering with the election of any University-recognized student organization (minor election code violations may be addressed by the SGA or other appropriate student organization);

7)      Taking of Property. Intentional and unauthorized taking of University property or the personal property of another, including goods, services and other valuables;

8)      Stolen Property. Knowingly taking or maintaining possession of stolen property;

Community: University students build and enhance their community. Behavior that violates this value includes, but is not limited to:

9)      Disruptive Behavior. Substantial disruption of University operations including obstruction of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on campus;

10)   Rioting. Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property;

11)   Unauthorized Entry. Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a University building;

12)   Trademark. Unauthorized use (including misuse) of University or organizational names and images;

13)   Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of University property or the personal property of another;

14)   IT and Acceptable Use. Violating the University Acceptable Use and Computing Policy, found online at https://policy.kennesaw.edu/policy/information-technology.  

15)   Gambling. Gambling as prohibited by the laws of the State of Georgia.

16)   Weapons. Possession, use, or distribution of weapons.  For the purpose of the KSU Codes of Conduct weapons are defined as : explosives (including fireworks and ammunition), any pistol, revolver, or any weapon designed or intended to propel a missile of any kind (including air, BB, paintball, facsimile weapons and pellet guns), or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106 of the O.C.G.A. This ban includes the storage of any item that falls within the category of a weapon in a vehicle parked on University property except as allowed in limited circumstances by Georgia law.

17)   Smoking and all other use of tobacco and all use of e-cigarettes, personal vaporizers (PV), and/or electronic nicotine delivery systems (ENDS) on property owned, leased, rented or in the possession or control of the University System of Georgia. 

18)   Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to:

  1. Intentionally or recklessly causing a fire which damages University or personal property or which causes injury.
  2. Failure to evacuate a University -controlled building during a fire alarm;
  3. Improper use of University fire safety equipment; or
  4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property. Such action may result in a local fine in addition to University sanctions;

19)   Ineligible Pledging or Association. Pledging or associating with a student organization without having met eligibility requirements established by the University.

20)   Animals. Animals within University buildings, with the exception of those whose presence the University is required by law to allow.

21)   Recreational Wheeled Devices. Skateboards, roller blades, roller skates, bicycles and similar wheeled devices may not be used inside University buildings, residence halls, parking decks, or on tennis courts. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities and individuals may be liable for damage to University property caused by these activities.

Social Justice: Students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing university community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes, but is not limited to: 

22)   Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender, gender identity, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, or sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the University’s educational program or activities.

23)   Harassment. Any unwelcome conduct based on actual or perceived status including: (sex, gender, gender identity, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status). Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community.  Hostile Environment- sanctions can and will be imposed for the creation of a hostile environment only when [unwelcome] harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the University’s educational or employment program or activities[2].

24)   Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by an responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a civil rights grievance proceeding or other protected activity [under this Code].

25)   Abuse of Conduct Process. Abuse or interference with, or failure to comply in, University processes including conduct and academic integrity hearings including, but not limited to:

  1. Falsification, distortion, or misrepresentation of information;
  2.  Failure to provide, destroying or concealing information during an investigation of an alleged policy violation;
  3.  Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system;
  4. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding;
  5.  Failure to comply with the sanction(s) imposed by the campus conduct system;
  6. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.

Respect: University students show positive regard for each other and for the community. Behavior that violates this value includes, but is not limited to:

26)   Harm to Persons. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

27)   Threatening Behaviors:

  1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
  2. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.

28)  Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.

29)   Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent (and/or) failing to discourage (and/or) failing to report those acts may also violate this policy. Hazing may be considered and charged as a group/team/organizational violation and/or a violation by individuals.  http://www.kennesaw.edu/greeklife/hazing.html

30)   Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another;

31)   Stalking. Stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear; 

32)   Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation (See Sexual Misconduct Policy for further information)[3]  https://policy.kennesaw.edu/sites/web.kennesaw.edu.policy/files/sexualmisconductpolicy_10012014.pdf

33)   Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

Responsibility: University students are given and accept a high level of responsibility to self, to others and to the community. Behavior that violates this value includes, but is not limited to:

34)   Alcohol. The use, possession, manufacture, sale or distribution of alcoholic beverages on campus by any individual or campus constituency. Student activity funds or institutional funds may not be used for the purchase of alcoholic beverages. Kennesaw State University is committed to recognizing, upholding and enforcing the laws of the State of Georgia. Violation of those state laws shall not be condoned on the campus or at any activity held off campus by any constituency. Exceptions to the policy of no alcohol on campus may from time to time be permitted at the discretion of the president, and there are other limited exceptions to this policy within the residence halls by those aged 21 or older. (see the residential code of conduct below)

  1. Underage alcohol use and/or possession.
  2. Distributing or providing alcohol to underage persons.
  3. Manufacture and/or sale of alcohol.
  4. All other alcohol violations.

35)   Drugs. The use, possession, manufacture, sale, or distribution of illegal drugs (controlled substances) or drug paraphernalia.  In addition, smoking, ingesting, or otherwise using a substance not already prohibited by the preceding sentence in a manner not consistent with the manufacturer's recommended use is prohibited. This includes, but is not limited to, all forms of synthetic marijuana, regardless of brand name.;

  1. The use, possession, manufacture, sale, or distribution of illegal drugs.
  2. All other drug violations.

36)   Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications;

37)   Failure to Comply. Failure to comply with the reasonable directives of University officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so;

38)   Financial Responsibilities. Failure to promptly meet financial responsibilities to the institution, including, but not limited to; knowingly passing a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.

39)   Other Policies. Violating other published University policies or rules, including all Residence Hall policies (see the Residential Code of Conduct, below) ;

40)   Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.)

41)   Violations of Law. Evidence of violation of local, state or federal laws.

 

B.      Residential Code of Conduct

As a resident at KSU, you assume an obligation to conduct yourself in a manner compatible with the university's function as an educational institution. This residential code of conduct defines the institution's expectations of all residents. Any violations of these codes of conduct will be reported to residence life or student conduct personnel. Jurisdiction of these violations shall be held by the Department of Student Conduct and Academic Integrity (SCAI) and the Vice President for Student Affairs or his/her designated representative, and handled in the manner stipulated for non-academic grievances. The residential code of conduct is a subset of the KSU codes of conduct and applies to all students as well as non-students. All Kennesaw State University students and other students who reside in on-campus housing shall abide by the following rules and regulations.

1) Alcohol

Kennesaw State University abides by Georgia State Law concerning sale, possession, manufacture, distribution and use of alcohol. Students who are of legal drinking age (21) may possess and consume alcoholic beverages in designated communities, but only as a private activity in private living areas (i.e., room and/or apartment). Alcohol is not permitted in building common areas (lobbies, lounges, study rooms and hallways). Residents of legal age may have alcohol on their balcony or patio, as long as it is in a non-glass container.  Students are legally responsible for their actions in all mental and physical conditions including those induced by alcoholic beverages.

Kennesaw State University also prohibits:

  1. The use or possession of alcohol by anyone under the legal drinking age of 21;
  2. Providing alcohol to a person under age 21;
  3. The transport and/or consumption of alcohol in open containers in any public area including any property that surrounds an apartment and is considered housing property;
  4. The manufacture or selling of alcohol;
  5. Failure to abide by the institution's policy on student organization use of alcohol;
  6. Public intoxication;
  7. Common containers of alcohol (kegs, party balls, trash cans, funnels, beer hats, etc.) are not permitted. Beverages must be used in individual containers;
  8. Any game or activity (especially those competitive in nature) contributing to the overindulgence of alcohol is prohibited regardless of the age of the participants;
  9. Guests and/or visitors consuming or possessing alcohol in the room/apt/surrounding area of a host (resident) under the age of 21;
  10. Alcohol not being clearly consumed by those 21-years of age or older in a room shared by students over and under 21 years of age;
  11. The use or possession of alcohol by any resident or guest, regardless of age, in a substance-free community, substance-free communities are designated each academic year. For more information on which communities are substance-free, please consult the housing and residence life website;
  12. Being present where an alcohol violation is occurring, regardless of whether the resident/guest is using or possessing alcohol;
  13. Alcohol paraphernalia is prohibited in substance free communities and residential units of underage residents. For health and safety reasons, empty alcohol containers are not permitted to be used for decorative purposes within the residential facilities.

 

2) Drugs

Kennesaw State University prohibits:

  1. Selling, possessing, distributing, manufacturing or using any substance currently classified as a dangerous drug by the Georgia Controlled Substance Act or classified as illegal by state or federal law;
  2. Possession of drugs that may be used to incapacitate other Individuals;
  3. Possession and/or use of drug paraphernalia, including but not limited to any form of bong or smoking device, such as a hookah, even if not used or used for tobacco products;
  4. Being present where a drug-related violation is occurring, regardless of whether the resident/guest is using or possessing drugs;
  5. Having guests who possess or who use illegal drugs in your apartment;
  6. Disrupting or disturbing others in the residential communities related to drug use on or off campus including the odor of marijuana.
  7. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.

3) Weapons

Kennesaw State University and Housing regulations prohibit the use or possession of any weapon that can cause bodily harm either to the bearer or another individual. Residents may not possess or use any weapons, ammunition, gunpowder, fireworks or any other items, which pose a danger to the campus community. Residents shall not use or store dangerous items in their room or common area. In unclear cases of definition, the context in which a particular object was used will determine whether it is a weapon. Items that can be easily confused as weapons, including but not limited to pellet, BB, paintball, or Nerf and air guns, are prohibited. If the Department of Residence Life can demonstrate an educational need, this policy may be 

 

4) Pets/Animals

The University does not permit students to have pets/animals in or around the residential communities. If a resident is found to have an unauthorized pet in their apartment for any reason at any time, they are subject to a pet fine that is charged daily. This includes pets belonging to outside guests; pets/animals may not “visit” at any time. The only exceptions are:

  1. Fish in a properly maintained aquarium not to exceed 10 gallons; and
  2. Animals determined to be necessary for persons with disabilities. Student Disability Support Services and the Department of Residence Life must approve all residential students seeking the use of such animals

5)Smoking/Tobacco Use

Smoking, all other use of tobacco, and all use of e-cigarettes, personal vaporizers (PV), and/or electronic nicotine delivery systems (ENDS) is prohibited on property owned, leased, rented or in the possession or control of the University System of Georgia.  This includes all on-campus housing and grounds as well as all other areas on campus. 

6) Cooperation and Compliance

Residents and guests are expected to cooperate with all reasonable requests made by members of the community, both on-campus and in the surrounding neighborhood. Likewise, residents must comply with all reasonable requests of any person acting in an official capacity as a representative of the university, including, but not limited to, Residence Life staff (including RAs), campus police, faculty, and housing staff. Cooperation includes, but is not limited to, participating in required residential activities (i.e., mandatory meetings, judicial hearings, learning communities, rules, payment of rent/fees, etc.). Cooperation also includes compliance with all rules and regulations established by KSU Residence Life and/or KSU Housing not included within this code of conduct but distributed through other printed and electronic means (housing contract, newsletters, etc.).

Knowingly acting as an accessory or being present while any violation of the university policy is occurring is in violation of the residential code of conduct. A resident is expected to remove him or herself from a situation where university policies are being violated, failure to do so may result in disciplinary action.

7) General Safety and Well-Being

Residents are expected to take responsibility for the overall general safety and wellbeing of themselves individually and the residential community as a collective. Engaging in any behavior that impedes the general safety and/or well-being of self and/or others is prohibited. This may include, but is not limited to; causing physical or psychological harm to oneself and/or others; creating an unsafe environment by leaving doors unsecured, particularly common use doors; failing to notify the appropriate authorities when knowledge exists of a situation that may impede the general safety and/or well-being of individuals and/or the community.

General safety also includes maintaining your living environment and your own person in accordance with reasonable health, cleanliness, and safety expectations.

8) Fire Safety

Tampering with, vandalizing or misusing fire safety equipment is prohibited and constitutes reasons for eviction from the apartments and possible suspension or expulsion from the University. Fire safety equipment includes, but is not limited to, alarms, extinguishers, smoke detectors, door closures, alarmed doors, and sprinklers. Failure to evacuate during a safety drill will result in disciplinary action, as they are required by Georgia law. Items that are flammable such as fuel, etc., may not be stored in a resident's room or apartment. Items that require an open flame to operate or which produce heat (i.e., Bunsen burners, lit candles, alcohol burners, grills, fireworks) are not allowed in resident's rooms. Residents must further agree to abide by the safety regulations as stipulated in the Housing Safety Regulations.

9) Noise

  1. All students are expected to respect the rights of others by refraining from making loud noises or causing other disturbances that interfere with study or sleep.
  2. All residents are expected to respect 24-hour courtesy hours. If a student makes a reasonable request of another student to be less noisy, that student should comply. No noise should be heard outside of a student room;
  3. Quiet Hours will apply to noise regulation in the public areas of the residential communities. Quiet Hour adjustments may be voted on by the Community Councils. Until this occurs, residence-wide quiet hours will be in effect. Quiet Hours are 10pm until 10am Sunday through Thursday and 12am to 10am Friday and Saturday;
  4. During exam periods, quiet hours will be extended to 24 hours. This regulation also applies to areas surrounding the residential communities, and public areas; and
  5. In the event that a group makes a disturbance (e.g., game playing, watching TV, or yelling loudly), staff may request violators to leave immediately.

 

10) Guests and Visitation

Residents may allow guests (those of the same or opposite sex) to visit their room/apartments with agreement from the other residents in their room/ apartment. Guests are defined as any person not assigned to live in that specific space (even if the person is a resident of another on-campus space). Community Councils, residential communities and roommates may develop rules that are supplementary to but not in conflict with the established guidelines. In order to facilitate safety and privacy, the following are prohibited:

  1. Use of the bedroom or bathroom of another resident without his or her prior consent;
  2. Guests (including other KSU students) staying in a resident's room more than three nights within any seven night period, staying in a resident’s room on a frequent basis, or cohabitating in any room/apartment;
  3.  Overnight guests are defined as anyone who is in the room after 3AM.
  4. Residents must escort their guests at all times within the residential community;
  5. Students are expected to accompany their guests at all times and accept responsibility for their behavior. At no time should any resident provide entrance to their room to someone who is not their guest, or provide access to a guest who is unaccompanied by the resident (e.g., lending/copying a key or access card).
  6. While hosts are held responsible for the actions of their guests, legal action will also be taken against a guest for violating campus policies, including but not limited to, criminal trespass, or prosecution. Guest must park in designated visitor spaces only, and hosts may lose parking privileges if guests park illegally.
  7. Minors who are not enrolled KSU students must be escorted by a parent/guardian in addition to the host resident at all times. These minors may not visit overnight without advance permission from the Director of Residence Life or designee.
  8. General occupancy, as recommended by management and the fire marshal, is two persons per bedroom (i.e., a four person apartment equals a total occupancy of eight people at any given time). Residents are expected to comply with occupancy guidelines. Visitation privileges may be revoked for individuals or groups who violate the visitation policies.

11) Collective Liability/Damage and Vandalism

Residents are responsible for the condition of their rooms and any shared spaces. While the University and KSU Housing will strive to attribute damage and vandalism charges to the individuals responsible, when it cannot do so, all members of an apartment or building may be charged equally for any damages. Collective liability damages are defined as damages caused to lounges, study rooms, recreation rooms, hallways, stairwells, bathrooms or any space not accepted or identified as belonging to a specific individual. Affected residents should provide information to housing staff to assign these charges to the individual(s) responsible. Damage, vandalism, theft, inappropriate use of facilities, and/or use of facilities/furnishings in a manner other than that for which they were intended, are prohibited.

12) Enforcement and Grievances

Any complaints or grievances should be directed to the respective residence hall staff member. Residents have the right to file charges directly against another student through the appropriate Residence Life staff member. If the staff member cannot rectify the situation, then the matter shall be referred through the appropriate channels, and ultimately submitted for action or consultations to the SCAI Department. SCAI shall handle all matters arising from this code as any non-academic violation. Grievances against Residence Life staff members shall be submitted in writing to the Director of Residence Life.

13) Modifications and Revisions

Any modifications or revisions to these residential code of conduct shall be submitted to the Kennesaw State University Residence Hall Association (RHA). After discussion, the RHA shall forward its recommendations to the Director of Residence Life. Upon his/ her approval, the Director of Residence Life shall forward the approved recommendations to the Director of SCAI, and Vice President for Student Affairs or designee.

14) Warnings and Documented Incidents

As circumstances warrant, authorized Residence Life and/or SCAI staff may issue warnings to students for behaviors of concern, and violations of housing rules and regulations, even if such behaviors do not constitute a violation of this code.

These warnings and/or documented incidents will be recorded within the student’s conduct file.

15) Solicitation, Posting, and Use of Residential Space

For the residents’ protection against fraudulent sales and annoyance, solicitation is prohibited on university property. Periodically special programs are offered where residents can learn about products and services. Residents are prohibited from engaging in business activities on campus and in housing. All activities, research, and postings within the residential areas must be approved in advance by the Director of Residence Life or designee, even if the activities/postings are sponsored by recognized university departments or organizations. Items are not permitted to be posted on the exterior of the buildings, siding, stairwells, hallways, lounge areas, and any other area not permitted by the Department of Residence Life.

16) Additional Rules

There can be residential areas that have additional rules and regulations as defined as necessary by the Department of Residence Life. These rules and regulations can be found on the Housing and Residence Life website. For a complete list of all housing and residence life rules that are not included in the residential student code of conduct, please consult the housing and residence life website.

 

C.      Code of Academic Integrity

Core Values and Honor Code Pledge

Kennesaw State University students accept the pledge below by virtue of their acceptance into the institution and enrollment in courses.  The declaration of principles and obligations within this pledge form the core mission statement of the Code of Academic Integrity.  All subsequent prohibitions and rules of the Kennesaw State University Code of Academic Integrity concretely apply the precepts of this pledge by delineating behaviors that constitute academic misconduct.  Should the investigation and/or resolution of alleged academic misconduct reveal that the actual misconduct which occurred is different than the initial allegations (e.g. alleged plagiarism which turns out to have been cheating), the final charge(s) will be modified accordingly.  Ultimately, all possible forms of academic misconduct are simply variations upon the common problem of breaching university academic integrity standards.  Assignments submitted toward completion of a course are subject to academic misconduct policies, even if the assignments in question do not receive individual grades (like early drafts of papers) or are not required (such as work submitted for extra credit).

Because academic misconduct directly opposes the central academic mission of Kennesaw State University, all such offenses are considered extremely serious.   Accordingly, the minimum penalty for such a breach is a one-semester suspension from the university unless the student persuades the deciding body or hearing officer that the circumstances of his or her behavior substantially mitigate the gravity of the violation. If the incident constitutes the student’s first academic misconduct offense and the student takes responsibility for the misconduct, the professor and student may agree to an informal resolution and academic sanction(s) in lieu of a formal hearing (and attendant risk of suspension).  However, even in such cases, the professor may still pursue formal adjudication if he or she deems the alleged violation is of such an egregious nature as to warrant seeking suspension.

As a member of the Kennesaw State University community of scholars, I understand that my actions are not only a reflection on myself, but also a reflection on the University and the larger body of scholars of which it is a part.  Acting unethically, no matter how minor the offense, will be detrimental to my academic progress and self-image.  It will also adversely affect all students, faculty, staff, the reputation of this University, and the value of the degrees it awards.  Whether on campus or online, I understand that it is not only my personal responsibility, but also a duty to the entire KSU community that I act in a manner consistent with the highest level of academic integrity.  Therefore, I promise that as a member of the Kennesaw State University community, I will not participate in any form of academic misconduct.

Types of Academic Misconduct:

1)      Cheating.  Receiving, attempting to receive, knowingly giving or attempting to give unauthorized assistance in the preparation of any work required to be submitted for credit (including examinations, laboratory reports, essays, themes, term papers, etc.) is considered cheating, as is engaging in any behavior that a professor prohibits as academic misconduct in the syllabus or class discussion.  Unless specifically authorized, using and/or having access to electronic devices during an examination, quiz, test or other assessment is automatically considered cheating, regardless of the student’s reason for using/accessing the device;

2)      Plagiarism.  Including direct quotations from other sources into work required to be submitted for credit without indicating them as such by quotation marks, block quotes or other appropriate formatting.  Incorporating the work of someone (e.g. ideas, theories, data, figures, graphs, programs, electronic based information, illustrations, etc.) into a paper or project without due acknowledgement;

3)      Self-Plagiarism.  Submitting any work for credit which was not authored specifically and originally for the assignment in question without the prior permission of the professor receiving that assignment.  Most commonly, this means submitting the same, or substantially the same, paper or other assignment for credit in more than one class;

4)      Misrepresentation and/or Falsification.  Knowingly providing false information in completing University forms or applications (including admissions forms, scholarship applications, time sheets, false or counterfeit transcripts, etc.) or in any work submitted for credit.  This includes providing fabricated/altered documents to substantiate an excused absence (such as to meet attendance requirements or have the chance to make up a missed exam).  Signing in for another student or having another individual sign in on a student’s behalf on an attendance sheet also constitutes a violation of this code section.

5)      Unauthorized Access to University Materials.  Taking, attempting to take, stealing or in any unauthorized manner otherwise procuring, gaining access to, altering or destroying any material pertaining to the conduct of a class (including tests, examinations, grade change forms, grade rolls, roll books, laboratory equipment, University grade records in written or computerized form, etc.).

6)      Malicious/Intentional Misuse of Computer Facilities/Services.  Maliciously or intentionally misusing university-controlled computer facilities and services. This includes violations of state and federal laws (e.g. copyright violations, unauthorized access to systems, alteration/damage/destruction, or attempted alteration/damage/destruction, use for profit, etc.) or a department's rules for computer usage (e.g. account violations, damage, or destruction of the system and/or its performance, unauthorized copying of electronic information, use of threatening or obscene language, etc.).

7)      Malicious Removal, Retention or Destruction of University Resource Materials.  Misplacing, taking, destroying any item or part of an item belonging to or in the protection of the University (or the attempt thereof) with the intention of bringing about an undue disadvantage in the academic pursuits of other Kennesaw State University students.

Rights and Expectations of Accused Students

Students of Kennesaw State University are guaranteed all of the due process rights and privileges associated with their matriculation in a higher education institution in the university system of Georgia.  Additionally, students accused of a Code of Academic Integrity violation will have an opportunity to be heard before a decision is made about their responsibility for a violation.  Nevertheless, when a student fails to appear for a hearing/disciplinary meeting after notice of the hearing has been sent to that student’s KSU email address, the hearing officer or panel may make a decision without that student’s input or explanation.  The hearing officer or panel will base its decision on all other information and evidence presented, and may find the student responsible if a preponderance of the evidence indicates responsibility for the violation(s).  Students found responsible for violating academic integrity regulations will be subject to sanctions that can include academic penalties, suspension or permanent dismissal from the institution, or revocation of course credits/degrees.

 

Section 6: Possible Sanctions

A student or student organization found in violation of the KSU Student Code of Conduct, Residential Code of Conduct, or Code of Academic Honesty may be sanctioned as outlined by this section.  Sanctions for KSU Student Code of Conduct violations may be combined.

1) Types of Sanctions, in General

  1. Expulsion:  Permanent severance of student's relationship with the University.
  2. Probated Expulsion:  Further violations of major offenses, as specified by the hearing panel or hearing officer, shall result in expulsion.
  3. Suspension:  Temporary severance of a student's relationship with the University.
  4. Probated Suspension:  Notice that further violations of major offenses, as specified by the University hearing panel or hearing officer, shall result in suspension.
  5. Removal from on-campus housing.
  6. Probated removal from on-campus housing
  7. Restriction from entering certain areas on campus.
  8. Reprimand:  Oral or written disapproval issued to the student
  9. Disciplinary Probation:  Notice to the student that any further major disciplinary violations may result in suspension; this action might also include, but not be limited to, the following: the setting of restrictions on social activities, the issuing of a reprimand, and restitution.
  10. Social Restrictions:  Exclusion from enjoying or participating in social activities, or from holding office in University clubs or organizations.
  11. Restitution or fines:  Reimbursement for damage or misappropriation of property; this may take the form of appropriate service or other compensation or fines.
  12. Community Service:  Assignment to work a specific number of hours at or through a community service agency.
  13. Educational or Developmental workshops or classes.
  14. Other Educational or Developmental Remedies:  Imposed by the University hearing panel or any hearing officer.
  15. Retraction of University degree or course credit previously awarded:  The University may retract a degree or course credit previously awarded if the University hearing panel or hearing officer recommends this sanction and both the Provost/VPAA and Registrar accept the recommendation.

 

2) Academic Misconduct - minimum sanction

Any responding student found to have violated KSU regulations concerning academic honesty after a hearing before the SCAI hearing panel or after an educational/disciplinary conference with the Director of SCAI, or his or her designee, shall be suspended for at least one semester unless he or she has convinced the hearing officer or body that there exist substantial mitigating circumstances to his or her offense.  It is the responsibility of the faculty member to determine the appropriate grade to be assigned to a student once the SCAI hearing panel or hearing officer finds that the student violated the Student Code of Conduct's provisions regarding academic honesty.

3) Student Organizations

In addition to e, h, k, l, n, and o listed in the above referenced sanctions, student organizations found in violation of the Student Code of Conduct may be subject to the following disciplinary action:

  1. Restriction of social or other activities sponsored by the organization.

  2. Suspension of the organization's registration with Student Life.

  3. Probated suspension of the organization's registration with Student Life.

  4. Revocation of the organization's registration with Student Life.

  5. Probated revocation of the organization's registration with Student Life.

 

Section 7: Appeals

Sanctions Take Effect Immediately

All sanctions take effect immediately after the sanction decision is communicated in writing (unless the sanction letter specifies differently), and this is true even when a student or student organization qualifies for and pursues an appeal.

Who may Appeal?

A responding student may appeal a decision of the panel as confirmed by the Director of the SCAI Department or his or her designee or the decision of an administrator in an educational/disciplinary conference only when that decision resulted in a sanction of retraction of a degree or previously awarded course credit, suspension, expulsion (from the University), and/or removal from University housing.

An organization may appeal a decision of the SCAI panel as confirmed by the Director of the SCAI Department or his or her designee or the decision of an administrator in an educational/disciplinary conference only when that decision resulted in a recommendation of a sanction of removal from University housing, and/or suspension or revocation of the organization’s registration with the University.

Generally, only a responding student or organization may appeal, but whenever there is a Title IX investigation and report with findings and recommendations based on an allegation of sexual discrimination (including sexual assault) the rules on appeals are modified so that either the responding student or the complainant may appeal in writing the finding and/or sanctions under certain circumstances.  However, if either appeals, then the other must be notified of the appeal and the other may or may not choose to make a written statement in response to the appeal.  The appeal and the statement in response to the appeal must be joined together and heard by the appeals officer at the same time so that the matter can be resolved in one action.  Any appeal decision must be communicated to both parties.   If the student chooses not to make a statement in response to the appeal, he or she may not later object to and appeal any decision by the appeals officer.  If the responding student appeals, s/he must base the appeal on one or more of the three grounds listed below (procedural error, new evidence, or substantive error).  If the complainant appeals s/he must base the appeal on (procedural error, new evidence, or on an assertion that the record of the original investigation shows by a preponderance of evidence that there was sexual discrimination/misconduct by the responding student and/or on an assertion that the sanctions imposed were unreasonably lenient based upon the circumstances of the case and the prior record of the responding student. 

Decision Letter Contents

Every decision letter to a student who has been suspended or expelled from the University or removed from housing, or had a degree or previously awarded course credit retracted, or to an organization whose registration has been suspended or revoked with the University, must contain the following information.

  1. A statement that the student or organization may be eligible for an appeal if any of the three grounds for appeal indicated below exist, and
  2. A statement that such an appeal must be submitted in writing within five business days of the receipt of the decision letter to the Director of the Department of Student Conduct and Academic Integrity, and
  3. It must provide information on how to contact the Director of the SCAI Department.           

Only Three Grounds for Appeal

Dissatisfaction with the decision is not proper grounds for an appeal.  There are only three   grounds for appeal.  They are, when a student or organization was found responsible for a code of conduct violation, one of the sanctions listed above was imposed, and
  

  1. There were procedural errors in the process (a procedural error occurs when there is not substantial compliance with the SCAI policies and procedures as published on the KSU SCAI website); or
  2. Significant new information or evidence becomes available that was not available or known to exist as of the hearing date and that evidence likely would have influenced the original decision; or
  3. There were substantive errors in the decision (a substantive error occurs when there was no evidence to justify a finding of responsibility for the Code of Conduct violation or the sanction(s) is/are unreasonably harsh based upon the circumstances of the case and the prior record of the student).

How to Appeal

All appeals must be in writing and must be submitted to the Director of the SCAI Department within five business days of the student or student organization’s receipt of the sanctioning decision in writing.  The Director of the SCAI Department will forward the appeal to the proper appeals officer. The appeals process does not grant a new hearing at a higher level.  All appeals described in this section involve written appeals only.  Students or organizations do not meet with or make oral presentations to the person deciding the appeal.  There may be times when the person deciding the appeal requests a meeting with parties involved in order to clarify matters related to the appeal, but that is solely within the discretion of the person deciding the appeal.

 Information Needed by Person Deciding Appeal

The person deciding the appeal or his or her designee will receive the following information:

  1. Any recording that may have been made of the hearing (panel hearing only).
  2. All documents and evidence presented at the hearing.
  3. Any notice of hearing letter presented to the student or organization.
  4. The decision/sanction letter.
  5. Any other documents that pertain to the matter.

Appeal Decision

The person deciding the appeal or his or her designee will make one of the following determinations in writing within a reasonable period of time, generally within thirty (30) calendar days of the receipt of the appeal in his or her office.   

  1. Uphold the original decision of responsibility and make no change in sanction(s).
  2. Uphold the original decision of responsibility but modify the sanction(s).
  3. Reverse the original decision of responsibility and the sanction(s).

           
Who Will Hear the Appeal?

When a student or student organization qualifies for an appeal, completes the appeal request in writing, and submits the appeal to the SCAI Director within the five business day deadline, the Dean of Students or his or her designee shall decide the appeal. 

Further Appeal to the University President

Only a student or student organization that qualified for and completed the appeals process described above and who is not satisfied with the result may appeal to the President of the University.

  1. The student or organization must allege one or more of the same three grounds for appeal listed (above).
  2. The appeal to the President must be in writing and submitted to the Director of the SCAI Department within five business days from his/her/its receipt of the Dean of Student’s appeal decision in writing. 
  3. A review by the President is not a matter of right, but is within the discretion of the President. 
  4. If the President accepts the appeal for review, he or she may choose to ask for a recommendation on the matter from an adviser or advisers or he or she may designate someone to hear the appeal in his or her stead. 
  5. The presidential review is not a new hearing and a student or organization does not meet with or make oral presentations to the President or adviser(s).  There may be times when the President, or his or her adviser(s), requests a meeting with parties involved in order to clarify matters related to the appeal, but that is solely within his/her/their discretion. 
  6. The President shall, in writing, either decline to accept the appeal or accept the appeal and issue a decision within thirty (30) calendar days of the receipt of the appeal in his/her office.    

Additional Appeal to Georgia Board of Regents

Any possible appeals of the President’s decision are governed by the policies and bylaws of the Georgia Board of Regents.

 

Section 8: Interim Actions

Criteria

Interim suspension measures may be employed against a student by the Vice President for Student Affairs, or his or her designated representative, when he or she shall determine, based on clear and convincing evidence, that the student has engaged, or threatens to engage, in behavior which:

  1. is seriously disruptive or significantly impedes the normal activities or academic endeavors of others, or
  2. poses an immediate, significant threat of physical danger to others, and

is of such serious nature that it must be handled more expeditiously than University student conduct procedures allow. For interim suspension purposes, the designated representative of the Vice President for Student Affairs may be the Dean of Student Affairs, the Director of Student Success Services, or the Director of Residence Life.

Possible Interim Actions by the University

Interim actions may include any or all of the following:

  1. restriction from participation in any academic course, program, or activity
  2. restriction from participation in any student activity on or off campus
  3. restriction from use of any or all University facilities
  4. restriction from entering the campus or any designated portion thereof.

 

C. Duration

A student placed on interim suspension shall remain as such, pending a hearing by the SCAI Hearing Panel or other appropriate administrative hearing.  Every effort will be made to resolve the situation as quickly as possible.  A student who receives an interim suspension may request a meeting with the Vice President for Student Affairs or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus hearing

Interim Actions Procedure

  1. The Vice President for Student Affairs or his or her designee shall conduct such investigation as is necessary to obtain all the facts surrounding the situation. 
  2. The Vice President for Student Affairs or his or her designee may determine that immediate interim suspension of the student from the institution or from university housing is necessary and appropriate based upon clear and convincing evidence.
    • If such a determination is made, the Vice President for Student Affairs or his or her designee shall notify the student, the SCAI officer, the KSU Department of Public Safety, and the student's teachers, when appropriate, that the student has been temporarily suspended from the institution pending the outcome of a hearing.
    • The SCAI officer will then initiate the process for an appropriate hearing to be held as soon as practical.
  3. The Vice President for Student Affairs or his or her designee may elect not to suspend the student, but to refer the matter to the SCAI Department for further action.

 

Revised July 1, 2015

 

[1]Adapted, with gratitude, from Penn State University.

2This policy attempts to balance the need of the community to create a civil climate while also embracing the 1st Amendment protection that attaches to most harassing speech that is simply offensive.

[3] Consent. For purposes of this code of conduct, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. “Non-consent” means without either explicit verbal consent or overt action clearly expressing consent. Such signals of consent must be mutual and ongoing, as well as offered freely and knowingly. If at any time during a sexual interaction any confusion or ambiguity should arise on the issue of consent, the sexual initiator should stop and clarify the other individual’s willingness to continue. Non-communication constitutes lack of consent.

Persons unable to give consent. By definition, the following conditions cause a person to be unable to give consent:

  • Persons who are asleep or unconscious;
  • Persons incapacitated by drugs, alcohol, or medication;
  • Persons who are unable to communicate consent due to a physical or mental impairment;
  • Persons who have been threatened or coerced into giving their consent; or
  • Persons under the age of 16.

Engaging in sexual activity with someone who is unable to give consent is considered by law and KSU to be Sexual Misconduct. Note that indications of consent are irrelevant if the person is incapacitated. When there is ambiguity about whether consent has been given, a student can be charged with, and found responsible for, committing a sexual assault or another form of sexual misconduct. Examples of incapacitation include, but are not limited to, being highly intoxicated, passed out, or asleep. Consumption of alcohol or another drug, in and of itself, does not relieve a party of responsibility to obtain ongoing consent.