KSU Student Code of Conduct

I. Preamble

II. Academic Honesty

III. Disruption of Campus Life

IV. Financial Responsibility

V. Use and Possession of Drugs, Including Alcohol

VI. Jurisdiction of the University Code of Conduct

VII. Organizations

VIII. Contempt and False Statements Under Oath

IX. Revisions of the Regulations

X. Disciplinary Measures


I. Preamble

It is the purpose of the institution to provide a campus environment which encourages academic accomplishment, personal growth, and a spirit of understanding and cooperation.  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. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at Kennesaw State University assume a responsibility to abide by the University’s student conduct regulations, just as they assume an individual’s responsibility to abide by federal, state and local laws. Violation of statutory laws, or of the University student conduct regulations, or specific departmental rules may lead to disciplinary action(s) by Kennesaw State University.

Students who are accused of a Code of Conduct 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 who are found responsible for a violation of the KSU student conduct regulations may be subject to sanctions up to and including dismissal from the institution. 

University disciplinary proceedings may be instituted against a student charged with a violation of a law which is also a violation of this Student Code of Conduct without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

By adhering to these policies and regulations students can fulfill their responsibilities and enjoy the exercise of their own rights while also respecting the rights of others.

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II. Academic Honesty

The high quality of education at Kennesaw State University is reflected in the credits and degrees its students earn. The protection of high standards of academic integrity is crucial since the validity and equity of the University's grades and degrees depend upon it. Any student found to have violated any KSU academic honesty regulation after a hearing before a university hearing panel or before a hearing officer shall be suspended for at least one semester, 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. These regulations are designed to assist students in (1) developing appropriate attitudes about, and (2) understanding and following the university’s standards relating to academic honesty. The regulations protect students by helping them avoid committing infractions that may compromise the completion of their KSU degrees or damage their reputations.

A. Plagiarism and Cheating

No student shall receive, attempt to receive, knowingly give or attempt 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.).  Unless specifically authorized, the presence and/or use of electronic devices during an examination, quiz, or other class assignment is considered cheating.  Engaging in any behavior which a professor prohibits as academic misconduct in the syllabus or in class discussion is cheating.  When direct quotations are used, they should be indicated, and when the ideas, theories, data, figures, graphs, programs, electronic based information or illustrations of someone other than the student are incorporated into a paper or used in a project, they should be duly acknowledged.  No student may submit the same, or substantially the same, paper or other assignment for credit in more than one class without the prior permission of the current professor(s).

B. Unauthorized Access to Official University Materials

No student shall take or attempt to take, steal or in any unauthorized manner otherwise procure, gain access to, alter or destroy 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.).

C. Misrepresentation, Falsification of University Records or Academic Work
 
No student shall knowingly provide false information in completing University forms or applications (including admissions forms, scholarship applications, time sheets, use of false or counterfeit transcripts, etc.) or in any work submitted for credit.

D. Malicious Removal, Retention, or Destruction of Library Materials
 
No student shall misplace, take, destroy or attempt to misplace, take or destroy any item or part of an item belonging to or in the protection of the University library with the intention of bringing about an undue disadvantage in the classroom work of other Kennesaw State University students.

E. Malicious/Intentional Misuse of Computer Facilities and/or Services
 
The malicious or intentional misuse of computer facilities and services is prohibited. Violation of state and federal laws (including 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 (including account violations, damage, or destruction of the system and/or its performance, unauthorized copying of electronic information, use of threatening or obscene language, etc.) is prohibited.
 
F. Student Identification Cards

(1) Lending, selling, or otherwise transferring a student identification card of any type is prohibited, as is the use of an identification card by anyone other than its original owner.

(2) No student shall obtain under false pretenses any additional student identification cards.

(3) A student must present proper credentials to properly identified University faculty and staff upon their request while these persons are in the performance of their duties.

G. Revisions of Academic Honesty Regulations

Any student, faculty member or administrator can propose any revision of, additions to and deletions from these Academic Honesty Conduct Regulations. Recommendations shall be submitted to the Vice President for Student Success. The Vice President, in consultation with appropriate parties, shall ensure discussion on the proposed change. When all parties have had an opportunity to comment on the proposal, the Vice President shall forward all recommendations to the University Council. The Council, in turn, shall send its recommendations with comments to the Kennesaw State University President and cabinet.

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III. Disruption of Campus Life

It is the purpose of the institution to provide a campus environment which encourages academic accomplishment, personal growth, and a spirit of understanding and cooperation. An important part of maintaining such an environment is the commitment to protect the health and safety of every member of the campus community. In order to promote these goals, students should be familiar with and abide by the rules against disruption of campus life.

A. Disorderly Assembly

No students shall assemble on the campus for the purpose of creating a riot, or destructive or disorderly diversion, or obstructing or disrupting the normal operation of the university, including any teaching, administrative, disciplinary or public service activity, or any other activity authorized to take place on the campus.
 

B. Disruptive and Dangerous Conduct

No student shall act in a manner that can reasonably be expected to disturb the academic pursuits of others or infringe upon the privacy, rights, or privileges of others, or the health or safety of him/herself or other persons.

C. Disruptive Speech

That speech is prohibited which: a) presents an immediate or imminent clear and present danger or b) is disruptive to the academic functioning of the institution.

D. Physical Attack

Physical attack on or in University property or at functions sponsored by the University or any registered University organization is prohibited.

E. Harassment/Bullying/Intimidation

No student shall harass, bully, or intimidate another person in any manner or by any method, including, but not limited to, harassment, bullying, or intimidation done by electronic device, sometimes called “cyberbullying.”  Harassment, bullying, or intimidation is the placing of another person in reasonable fear of his or her personal safety through words or actions directed at that person, or a course of conduct that a reasonable person would consider so severe and pervasive as to interfere with the working, learning, or living environment of another.

F. Sexual Misconduct (for more info see the KSU Sexual Misconduct Policy)

General definition. Sexual misconduct encompasses a broad range of unwelcome behavior that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes, but is not limited to, criminal sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.

 

Consent. For purposes of this policy, 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, in and of itself, does not relieve a party of responsibility to obtain ongoing consent. 

 

Sexual misconduct is prohibited.

 

Examples of Sexual Misconduct. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. Sexual misconduct includes, but is not limited to, the following examples of prohibited conduct as further defined below:

• sexual assault

• sexual harassment

• sexual exploitation

 

1. Sexual assault is prohibited. Sexual assault is a form of sexual misconduct and represents a continuum of conduct that includes non-consensual sexual contact between an individual and another person.

Examples of sexual assault under this policy include, but are not limited to, the following behaviors, if non-consensual:

• Sexual intercourse

• Any sexual touching, including penetration, with any object. Sexual touching is contact of a sexual nature, however slight.

• Touching of intimate body parts such as mouth, genitalia, groin, breast, buttocks, inner thighs, or any clothing covering them

• The removal of another person’s clothes

• Touching a person with one’s own intimate body parts

• Compelling another to touch one’s intimate body parts

 

2. Sexual harassment is prohibited. Sexual harassment is a form of misconduct that includes verbal, written, or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes, when that behavior is unwelcome. Sexual harassment may include unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome conduct of a sexual nature where:

• Submission to or tolerance of such conduct is made either an explicit or implicit term or condition of employment or student admissions, enrollment, participation, and programming;

• Submission to or tolerance or rejection of such conduct is used as a basis for employment or for academic, athletic, or other educational decisions affecting an individual;

• The conduct has the purpose or effect of substantially interfering with an individual’s work or academic, athletic, or other educational performance; or

• The conduct creates an intimidating, hostile, or offensive work or educational environment.

If an individual has welcomed sexual advances or other harassing conduct (whether sexual or otherwise) by active participation in or encouragement of such activity, he or she should specifically inform the alleged harasser if such conduct is no longer welcome in order for any subsequent conduct to be deemed unwelcome. However, failure to give such notice does not prevent KSU officials from taking appropriate corrective and/or disciplinary action against the alleged harasser for his or her behavior.

 

3. Sexual exploitation is prohibited. Sexually exploitative behavior, which occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material via email or otherwise to non-consenting students/groups; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting friends watch consensual sex, and knowingly transmitting an STD, including HIV, to another student.

G. Theft or Damage to Property

No student shall take, sell or attempt to take or sell, damage or destroy any items belonging to others without proper authorization. Nor shall any student make or attempt to make unauthorized use of the property of any other person or organization.  Sale of a textbook or other item that is not one's own will be regarded as prima facie evidence of theft.  Items should be turned in to a lost and found area.

H. Possession of Weapons or Fireworks

Students are prohibited from possessing fireworks, firearms or other weapons on University property or at University sponsored events, except with the specific permission of the Department of Campus Safety and Security, or except as allowed in limited circumstances by Georgia law.

I. Unauthorized Entry or Use of University Facilities

No student shall make or attempt to make unauthorized entry or use of any University building or facility including electronic data processing systems or personal electronic accounts/files. Upon appropriate notice by University officials, authorization for the use of University facilities can be withdrawn or otherwise restricted. The malicious or intentional misuse of computer facilities and services is prohibited. Violations of state and federal laws (including copyright violations, unauthorized access or systems, alteration/damage/destruction, or attempted alteration/damage/destruction, use for profit, etc.) or a department's rules for computer usage (including account violations, damage or destruction of the system and/or its performance, unauthorized copying of electronic information, use of threatening of obscene language, etc.) are prohibited.

J. Fire Safety and False Alarms

1. No student shall tamper with fire safety equipment.

2. No student shall set or cause to be set any unauthorized fire in or on University property.

3. No student shall make, or cause to be made, a false fire alarm or a false notification of the presence of a bomb.

4. All occupants of a building must leave the building when the fire alarm sounds or when directed to leave by properly identified University faculty or staff while these persons are in the performance of their duties.

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K. Littering and Sanitation

1. No student shall dispose of trash and refuse of any kind except in proper trash receptacles.

2. Food and drink are prohibited in designated areas of the University.

3. No student shall in any way dispose of tobacco products except in receptacles properly designated for them in or on University property.

L. Kennesaw State University Is a Smoke-Free Environment.

Smoking is prohibited on the KSU campus except in areas specifically designated for smoking.

M. Gambling Is Strictly Prohibited, but raffles may be held by student organizations. Raffles will be treated as any other fund-raising activity and will be subject to fund-raising guidelines.

N. Advertising, Selling, and Fundraising

No student or group of students acting in a representational capacity for Kennesaw State University shall carry out any form of sales (including bartering) or fundraising events, or advertise sales or fundraising events, without the authorization of the University President or a designated representative of the University President.

O. Campus Elections

No student shall carry out fraudulent and/or disruptive activity in connection with any election, referendum or poll conducted on the University campus.

P. Shared Responsibility

Persons who knowingly act in concert to violate University regulations may be given joint responsibility for such violation. Students are responsible for their conduct on or in University property or at functions sponsored by the University or any registered University organization.

Q. Failure to Comply

Failure to comply with directions of a University official or law enforcement officer acting in performance of his or her duties and/or failure to identify oneself to such a person when requested to do so is a violation of this Student Code of Conduct.

R. Failure to Complete Sanctions

Failure to complete all sanctions imposed under this Student Code of Conduct by the stated deadline(s) is a violation and may result in additional conduct charges and/or a hold on registration until the sanctions are completed.

S. Hazing (for more information see the KSU hazing policy)

“Hazing” means any intentional, negligent or reckless action, activity or situation that endangers or is likely to endanger the physical health of an individual or causes an individual pain, embarrassment, ridicule or harassment as a condition or precondition of gaining acceptance, membership, office or other status in a student group, whether or not such group is formally recognized by the University and regardless of the individual’s willingness to participate. The expressed or implied willingness of the victim (s) is not a defense. Actions and situations that may constitute hazing may include, but are not limited to, the following:

 

• Forcing, requiring, or encouraging the drinking of alcohol or any other substance;

• Forcing, requiring, or encouraging the consumption of food or any substance;

• Calisthenics (e.g., push-ups, sit-ups, jogging, runs);

• Treeing’s (e.g. tying someone up and throwing food or other substances on them);

• Paddling in any form

• Line-ups (e.g. yelling at or harassing people in a formation);

• Theft of any property;

• Road trips (e.g. dropping someone off and leaving him/her to find his/her own way back);

• Scavenger hunts; without prior approval from the OFSL;

• Causing an individual to be sleep deprived and/or suffer from excessive fatigue;

• Conducting activities that do not allow adequate time for studying or that interferes with their scholastic responsibilities (e.g. not allowing an individual to attend class, causing one to miss group projects);

• Forcing, requiring, or encouraging nudity at any time;

• Forcing, requiring, or encouraging the wearing of specific uniform apparel;

• Performing acts of personal servitude for members (e.g. driving them to class, cleaning their individual rooms, serving meals, washing cars, shopping, laundry); requirement/forcing of purchases for others;

• Forcing, requiring, or encouraging individuals to engage in public stunts or buffoonery, hair cutting, morally degrading/humiliating games or activities, which are distasteful or designed to provoke nausea or inebriation;

• Verbally harassing any individual or any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values;

• Producing mental or physical discomfort in any form or physical and/or psychological shocks in any form;

• Forcing, requiring, or encouraging the violation of university policies, federal, state, or local law.

T. Residential Code of Conduct

1. 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). Students are legally responsible for their actions in all mental and physical conditions including those induced by alcoholic beverages. Kennesaw State University also prohibits:

a. The use or possession of alcohol by anyone under the legal drinking age of 21;

b. Providing alcohol to a person under age 21 is prohibited;

c. 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;

d. The manufacture or selling of alcohol;

e. Failure to abide by the institution's policy on student organization use of alcohol;

f. Public intoxication;

g. Common containers of alcohol (kegs, party balls, trash cans, funnels, beer hats, etc.) are not permitted. Beverages must be used in individual containers;

h. Any game or activity (especially those competitive in nature) contributing to the overindulgence of alcohol is prohibited regardless of the age of the participants;

i. Guests and/or visitors consuming or possessing alcohol in the room/apt/surrounding area of a host (resident) under the age of 21;

j. 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;

k. The use or possession of alcohol by any resident or guest, regardless of age, in a substance-free community;

l. Being present where an alcohol violation is occurring, regardless of whether the resident/guest is using or possessing alcohol;

m. 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:

a. Selling, possessing 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;

b. Possession of drugs that may be used to incapacitate other Individuals;

c. 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;

d. Being present where a drug-related violation is occurring, regardless of whether the resident/guest is using or possessing drugs.

e. Smoking, ingesting, or otherwise using a substance not already prohibited under section III T 2 a (above) in a manner not consistent with the manufacturer's recommended use. This includes, but is not limited to, all forms of synthetic marijuana, regardless of brand name. 

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. 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 air guns, are prohibited.

4. Pets/Animals

The University does not permit students to have pets/animals in or around the residential communities. 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. Service animals determined to be necessary for persons with disabilities.

5. Smoking

Smoking and the use of tobacco products is prohibited inside all residential facilities. A resident may smoke on a private balcony (only available at University Place) if agreed upon by all residents of the apartment. Smoking is prohibited on all common area balconies and stairwells. Students may only smoke outside in designated smoking areas around the residential communities.

6. Cooperation

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 property management 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.).

7. General Safety and Well-Being

Residents are expected to take responsibility for the overall general safety and well-being 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. 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) are not allowed in resident's rooms. Residents must further agree to abide by the safety regulations as stipulated in the Housing Safety Regulations (located in this handbook).

9. Noise

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.

a. 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;

b. 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;

c. 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

d. 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 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:

a. Use of the bedroom or bathroom of another resident without his or her prior consent;

b. 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;

c. Proceeding or allowing guests to proceed through the residential facilitie unescorted;

d. 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).

e. 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.

f. 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.

g. 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.  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.  There are no appeals of a Collective Liability charge.

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 codes 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 Success 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 judiciary 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.

NOTE: Residents are expected to abide by local, state, and federal law and the KSU Code of Conduct, available at www.kennesaw.edu/scai. Students are afforded appropriate due process, including notification of violations and judicial meetings. Notice forms distributed at the time of violation (typically by RAs) serve as official notice of judicial action and require a response, typically contacting an AC or RD by the next business day. ACs and RDs adjudicate most violations and their actions are final. More serious and repeat violations are typically adjudicated by Student Conduct and Academic Integrity (SCAI). Email is the official mode of communication for KSU; therefore, all students are expected to check their KSU student email account regularly.

While sanctions vary depending on circumstances and severity of specific violations, KSU reserves the right to impose a “two strike” approach and recommend removal from housing upon a second repetitive violation, except drug violations that result in immediate removal

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IV. Financial Responsibility-Use of Student Activities Funds

To use student activities funds, student organizations must follow guidelines set by the institution.

V. Use and Possession of Drugs, Including Alcohol

A. The sale, use and/or possession of drugs (controlled substances) are/is prohibited.  In addition, smoking, ingesting, or otherwise using a substance not already progibited 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.

B. Kennesaw State University expressly prohibits the use, possession, manufacture, sale or distribution of alcoholic beverages on campus by any 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 over the age of 21. See section 1 of the residential code of conduct.

C. All student organizations must submit an "Acknowledgment of Alcohol Policy" form to the Student Life Department each fall semester and each time there is a change in either the president or advisor of the organization. By their signatures, the president and advisor are assuring Kennesaw State University that they and the individuals responsible for the group's social events understand the Kennesaw State University Alcohol Policy and state laws regarding the service and consumption of alcoholic beverages.

D. Alcoholic beverages will be allowed only for functions at which alcohol is not the focal point, reason for, or the "drawing card" for the event. Organizations choosing to advertise the service of alcoholic beverages at functions will not make reference to the quantity of or overindulgence in alcoholic beverages. Reference will also be made to serving of food and alternative beverages, and the checking of driver's licenses.
 
E. Any activity (especially those competitive in nature) contributing to the overindulgence of alcohol is, by these guidelines, prohibited.

F. Any violation of this policy at any organization activity shall be reported to the Student Life Department by the designated monitor(s), generally the faculty or staff advisor, verbally within 24 hours of returning to campus and followed by a written report within three working days. The Student Life Department will send the report to the Student Conduct and Academic Integrity (SCAI) Department for possible disciplinary action.  The Kennesaw State University Police shall report any violation of this policy, whether at an activity or on an individual basis, to the Dean of Student Success, who shall then be responsible for referring the matter to SCAI for possible disciplinary action according to established University non-academic disciplinary procedures. Possible sanctions shall be the same as those for other violations of nonacademic University rules and regulations as provided for in the University Student Code of Conduct.

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VI. Jurisdiction of the University Code of Conduct

Generally, KSU’s jurisdiction and discipline shall be limited to conduct which occurs on University premises, University housing, and contiguous areas such as streets and sidewalks. Nevertheless, the University reserves the right to extend its jurisdiction and discipline to KSU students whose off-campus conduct violates the University’s Student Code of Conduct and adversely affects the KSU community or the pursuit of its objectives.

In addition, the following regulations apply to off-campus activities including outings or field trips for classes of Kennesaw State University, off-campus University athletic events, study abroad programs, co-ops, internships, or any officially sanctioned off-campus activity such as those under the auspices of a Kennesaw State University class, an officially recognized University organization, or a Kennesaw State University group or organization that is seeking official University recognition.

A. Students involved in off-campus activities shall not act in a disorderly or disruptive fashion, nor shall they conduct any dangerous activity.

B. Students involved in off-campus activities shall not take, damage or destroy or attempt to take, damage or destroy property of another.

C. Use and possession of drugs, including alcohol: Use and/or possession of drugs (controlled substances) is prohibited. Alcohol regulations appear in Section V of this code.

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VII. ORGANIZATIONS

A student organization is subject to the authority of the University hearing panel or hearing officer in the following situations:

  • An alleged offense was committed by one or more members of an organization, and was sanctioned by the officers.
  • An alleged offense was committed by one or more members of an organization and organization funds were used to finance the venture.
  • An alleged offense was committed by one or more members of an organization and was supported by a majority of the organization's membership.
  • An organization has chosen to protect one or more individual offenders who were members or guests of the organization.
  • The hearing panel or hearing officer, after hearing the case, deems that the offense, by its nature, was an organization offense and not the action(s) of the individual members.
  • An alleged offense occurred as a result of an organization sponsored function.

A. Disorderly or Disruptive Assembly

Assembly for the purpose of or resulting in the disruption of normal University or community activity, or which obstructs the normal activities of University faculty or staff, is prohibited.

B. Use of Alcohol or Other Drugs

Use and/or possession of drugs (controlled substances) is prohibited. Alcohol regulations appear in Section V of this code.

C. Hazing  (for more information see the KSU hazing policy)

“Hazing” means any intentional, negligent or reckless action, activity or situation that endangers or is likely to endanger the physical health of an individual or causes an individual pain, embarrassment, ridicule or harassment as a condition or precondition of gaining acceptance, membership, office or other status in a student group, whether or not such group is formally recognized by the University and regardless of the individual’s willingness to participate. The expressed or implied willingness of the victim (s) is not a defense. Actions and situations that may constitute hazing may include, but are not limited to, the following:

 

• Forcing, requiring, or encouraging the drinking of alcohol or any other substance;

• Forcing, requiring, or encouraging the consumption of food or any substance;

• Calisthenics (e.g., push-ups, sit-ups, jogging, runs);

• Treeing’s (e.g. tying someone up and throwing food or other substances on them);

• Paddling in any form

• Line-ups (e.g. yelling at or harassing people in a formation);

• Theft of any property;

• Road trips (e.g. dropping someone off and leaving him/her to find his/her own way back);

• Scavenger hunts; without prior approval from the OFSL;

• Causing an individual to be sleep deprived and/or suffer from excessive fatigue;

• Conducting activities that do not allow adequate time for studying or that interferes with their scholastic responsibilities (e.g. not allowing an individual to attend class, causing one to miss group projects);

• Forcing, requiring, or encouraging nudity at any time;

• Forcing, requiring, or encouraging the wearing of specific uniform apparel;

• Performing acts of personal servitude for members (e.g. driving them to class, cleaning their individual rooms, serving meals, washing cars, shopping, laundry); requirement/forcing of purchases for others;

• Forcing, requiring, or encouraging individuals to engage in public stunts or buffoonery, hair cutting, morally degrading/humiliating games or activities, which are distasteful or designed to provoke nausea or inebriation;

• Verbally harassing any individual or any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values;

• Producing mental or physical discomfort in any form or physical and/or psychological shocks in any form;

• Forcing, requiring, or encouraging the violation of university policies, federal, state, or local law.

D. Theft and Disregard for Property

1. Unauthorized taking of, attempted taking of, damage to or attempted damage to, or possession of items belonging to an individual, the University, the community, or another university or student organization is prohibited.

2. Unauthorized use or attempted use of service (e.g., telephone, computer services, etc.) belonging to the University, the community, another student organization, or an individual is prohibited.

E. Unauthorized Entry

Unauthorized entry, attempted entry, or use of University or community facilities is prohibited.

F. Fire Safety

Use of fireworks or creation of a fire without the specific permission of the KSU Police is prohibited.

G. Academic Honesty

Maintaining files of examinations, tests, reports, or term papers is prohibited.

H. Official Recognition

All student groups and organizations shall follow the appropriate procedures, as set forward by the Office of the Vice President for Student Success (or designee), to become officially recognized Kennesaw State University student organizations.

I. Gambling Is Strictly Prohibited, but raffles may be held by student organizations. Raffles will be treated as any other fund-raising activity and will be subject to fund-raising guidelines.

J. Sales, Fundraising and Advertising

Unauthorized selling of any kind (including bartering), unauthorized fundraising, and unauthorized advertising of fundraising or any other type of event is prohibited. Organizations shall follow the guidelines set down by the Office of the Vice President for Student Success (or designee) for all such activities.

K. Proper Planning

Organizations shall be able to demonstrate that they have taken due measures to properly plan for any activities or events held on or off the University campus.

1. All such events and activities must be registered with and approved by the Office of the Vice President for Student Success (or designee) for approval at least two weeks prior to holding the event.

2. Reasonable measures shall be taken to ensure appropriate parking, security, safety and sanitary procedures for any activity or event.

3. Organizations shall adhere to specified time limits for any activity or event.

4. Holding events or activities not sanctioned or approved by the Office of the Vice President for Student Success (or designee) is prohibited.

L. Shared Responsibility

Student organizations are responsible at all times for organizational violations of the University Student Code of Conduct regulations by their members or their guests. Organization members who knowingly act in concert to violate the regulations may be held jointly responsible with their organization for such violations. Organizations that knowingly condone, encourage, or require behavior that violates University regulations may be held jointly responsible for such violations.

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VIII. Contempt and False Statements Under Oath

A. All students shall fully comply with the instructions of the hearing panels and hearing officers of the Kennesaw State University SCAI Department.

B. No student shall make a false statement while under oath in a University disciplinary hearing.

C. No student shall disrupt the proceedings of the Kennesaw State University SCAI Department hearing, behave in a manner which is intended to lessen the authority or dignity of the Kennesaw State SCAI Department, or otherwise obstruct justice on the campus.

D. All students are expected to serve as witnesses when summoned by the Kennesaw State University SCAI Department unless excused by the Vice President of Student Success.

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IX. Revisions of the KSU Code of Conduct excluding those pertaining to Academic Honesty

Any student, faculty member, or administrator can propose any revisions, additions, or deletions from the Student Code of Conduct regulations. Recommendations shall be submitted to the acting student government association president. The SGA president shall ensure discussion on the proposed change in the student government association. When the SGA has decided on an official recommendation to comment on the proposal, the SGA president shall forward all recommendations with comments to the Vice President for Student Success no later than 90 days from the date of the initial proposal. In the event that 90 days should expire without a recommendation being given to the Vice President for Student Success, the proposal shall be passed directly to the Vice President’s office for consideration and deliberation. The SGA president, upon delivering the recommendation to the Vice President’s office, shall also forward copies to the director of student conduct and academic integrity and the chair of the university council for information purposes only. The Vice President shall either accept or reject the student government’s recommendations. If the recommendation is accepted, the Vice President shall distribute the recommendation with comments to the University President and Cabinet.

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X. Disciplinary Measures

A. For students

1. Expulsion: permanent severance of one's relationship with the University.

2. Probated expulsion: further convictions of major offenses, as specified by the University hearing panel or hearing officer, shall result in expulsion.

3. Suspension: temporary severance of one's relationship with the University.

4. Probated suspension: notice to the student that further convictions of major offenses, as specified by the University hearing panel or hearing officer, shall result in suspension.

5. Disciplinary probation: notice to the student that any further major disciplinary violation may result in suspension; this action might also include one or more of the following: the setting of restrictions on social activities, the issuing of a reprimand, and restitution.

6. Restrictions: exclusion from enjoying or participating in social activities or from holding office in University organizations.

7. Reprimand: Oral reprimand: an oral disapproval issued to the student.  Written reprimand: a written disapproval issued to the student.

8. Restitution: reimbursement for damage or misappropriation of property; this may take the form of appropriate service or other compensation.

9. Community service: assignment to work a specific number of hours at a community service agency.

10. Other educational or developmental remedies:  imposed by the University hearing panel or any hearing officer.

11. 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. 

B. For Student Organizations

1. Includes disciplinary sanctions 7, 8, 9 and 10 listed above.

2. Restriction of social or other activities sponsored by the organization.
 
3. Suspension of the organization's registration with Student Life.
 

4. Probated suspension of the organization's registration with Student Life.
 
5. Revocation of the organization's registration with Student Life.
 
6. Probated revocation of the organization's registration with Student Life.  

C. Academic Dishonesty

Any accused student found to have violated KSU regulations concerning academic honesty by an SCAI hearing before a University hearing panel or before a hearing officer, shall be suspended for at least one semester unless he or she has convinced the hearing body or hearing officer that there exist substantial mitigating circumstances to his or her offense. The appropriate grade to be assigned in the case of academic dishonesty is the responsibility of the faculty.

D. Interim Suspension

Interim suspension measures may be employed against a student by the Vice President for Student Success, 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:

a. is seriously disruptive or significantly impedes the normal activities or academic endeavors of others, or

b. poses an immediate significant threat of physical danger to others, or

c. poses an immediate significant threat of danger to him/herself, and such threat is of such a serious nature that it must be handled more expeditiously than the University student conduct procedures allow.

For interim suspension purposes, the designated representative of the Vice President for Student Success may be the Dean of Student Success, the Director of Student Success Services, or the Director of Residence Life.
Interim suspension may include any or all of the following:

a. restriction from participation in any academic course, program, or activity;

b. restriction from participation in any student activity on or off campus;

c. restriction from use of any or all University facilities;

d. restriction from entering the campus or any designated portion thereof.

In such instances, the process outlined for interim suspension in the university SCAI Department procedures shall be followed.

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[Updated June 26, 2013]