Conduct
The following describes some of the privileges and regulations for residents in the Housing community. Each resident is responsible for this information. These expectations are a supplement to the Student Code of Conduct, the Housing Contract, and state, federal, and local laws. Violation of any policy may result in a referral to the student conduct process.
Georgia Tech views the student conduct process as a learning experience which can result in growth and personal understanding of one’s responsibilities and privileges within the Institute community. To this end, the policies and hearing procedures attempt to balance our understanding of resident needs and behaviors with the needs of the residential community. There are some behaviors and actions that cannot be tolerated because they seriously interfere with the basic purpose, necessities and processes of the academic community or with the rights essential to other members of the community. By formulating a general code of ethics, rules and regulations, the Institute does not absolve residents from accepting responsibility for their behavior. Rather, it affirms the principle of student freedom that is coupled with an acceptance of full responsibility for individual action and the consequences of such action by the Institute and may impact the status of the Housing contract. Residents are not only members of the academic community and residential community; they are additionally members of the larger society and thus retain the rights, protections, guarantees and responsibilities that are held by all citizens. Therefore, a resident may be prosecuted by local, state, or federal enforcement agencies whether or not the Institute takes action on the violation.
Housing and Residence Life staff will initiate student conduct action upon discovering the alleged violation(s) of Institute rules or Residence Hall Community Policies. All communication (such as requests for meetings, notifications, and notice of hearings) will be provided via the official Institute e-mail address, as defined by the Office of Information Technology. If the Accused is not currently enrolled, the notification will be sent via U.S. Postal Service to the last known address on file with the Registrar. Throughout the conduct process, the Accused is granted the following rights:
- seek information from a Department of Housing and Residence Life Conduct Administrator about the investigation and resolution process;
- be informed of the violation(s) and alleged misconduct upon which the violation is based;
- be informed of the information upon which the charge is based and afforded an opportunity to offer a relevant response;
- be accompanied by an Advisor of their choice; lawyers cannot serve as the advisor unless the parent/guardian is a lawyer.
- remain silent with no inference of responsibility drawn;
- call and question relevant Witnesses;
- present information in their behalf;
- be considered not responsible until proven responsible by a Preponderance of the Evidence;
- appeal the decision;
- waive any of the above rights.
The Housing student conduct process utilizes an investigatory model, not an adversarial model, in resolving allegations of misconduct with the primary goal of uncovering the truth. The standard of proof shall be a Preponderance of the Evidence. An investigation begins when a complaint is forwarded and the case is opened by the Coordinator of Student Conduct or department designee. During the investigation, a student should continue to attend class and required Institute functions unless otherwise instructed by the Dean of Students. The investigation and resolution process are as follows:
- After the Department of Housing and Residence Life Conduct Officer receives a complaint, the Accused is formally notified and is requested to contact a Housing and Residence Life Conduct Administrator within five (5) business days of the notification to schedule a conduct meeting. Conduct meetings must be scheduled within ten business days of receiving the request to contact a Housing and Residence Life Conduct Administrator. This time period can be extended only at the discretion of the Hearing officer or designee. Should the Accused fail to contact the Housing and Residence life Conduct Administrator within the required time frame, or fail to attend the conduct meeting, the Housing and Residence Life Conduct Administrator may determine the resolution of the case in the resident’s absence, or may refer the case to the RHA Conduct Board. During the meeting, the Housing Conduct Administrator will provide documents that must be approved by the student.
- At the time of the conduct meeting, the Accused is presented with the alleged violation of Residence Hall Community Policies and/or the Housing contract, supporting information, and an explanation of her/his rights. The Housing and Residence Life Conduct Administrator offers the Accused the opportunity to provide her/his statement regarding the alleged misconduct, supporting information, and Witnesses. The Accused(s) may bring an Advisor to the meeting, however if the Advisor disrupts the meeting and/or resolution process, s/he may be asked to leave.
- The Housing and Residence Life Conduct Administrator continues the investigation by meeting with the Complainant(s) and Witnesses and gathering additional information. The investigation will be completed in an expeditious fashion.
- Upon the conclusion of the investigation, the Housing and Residence Life Conduct Administrator will determine the level of the case as low level or high level. If the case is determined to be low level, the Housing and Residence Life Conduct Administrator will render a decision. If the case is determined to be high level, the Housing and Residence Life Conduct Administrator may choose to have the case heard by a RHA Conduct Board or to resolve the case. The Accused can also choose one of the two following forms of case resolution 1) Administrative (see Forms of Case Administrative Resolution below) or 2) RHA Conduct Board (see Forms of Case Administrative Resolution below). The Housing Conduct Administrator reserves the right of choosing who will ultimately render the decision of the case, but will take the student’s preference into consideration.
- The Accused shall submit a list of desired Witnesses to the Housing and Residence Life Conduct Administrator no later than 48 hours following the conduct meeting.
Sanctions are provided when the Accused is found responsible for one or more violations of the Residence Hall Community Policies and/or the Housing Contract. Sanctions are determined by the severity of the case and the student conduct history of the Accused(s). A student found responsible for a violation will receive an administrative and educational sanction as part of the conduct process. Below are descriptions of potential sanctions assigned to residents found responsible for violating Residence Hall Community Policies:
Housing Reprimand is usually assigned to less severe policy violation. The resident is reminded that his or her future conduct in Housing must reflect better judgment.
Housing Warning is a strong written warning that should the resident become involved in other violations of Housing or Institution policy, the resident can expect more severe disciplinary action.
Housing Probation means that any further housing or Institute conduct violations within housing will likely cause a resident’s removal from Housing. Probation may include, but is not limited to, revocation of all hall privileges including the right to hold Hall Council office, participate in hall activities, open house, Hall Councils or committees. Probation is for a specific period of time.
Housing Contract Cancellation involves severe or repeat behavior issues, which merits the resident’s removal from Housing. In unusual cases where a violation is so serious or a resident’s presence is considered of danger to either themselves or any other member of the Georgia Tech community, a resident may be required to vacate their space in the residence hall immediately. In either case, all rent moneys or deposits paid shall be considered forfeited and a recommendation may be made to the Dean of Students for the suspension of the student from Georgia Tech.
Denial of re-contracting is used in cases that occur close to the end of the semester and/or a hearing may not be possible due to impending exams and breaks, a student may be denied the privilege to re-contract for campus housing for the subsequent semester or school year.
Removal from the Residence Hall Housing system is issued where a violation is so serious or a student’s presence is considered a clear and present danger to either her/himself or any other member of the Georgia Tech community, a student may be ordered to vacate her/his space in the residence hall immediately. In such a case, all rent moneys or deposits paid shall be considered forfeited.
Relocation of the resident is issued for cases where a violation is so serious a student’s presence is considered to be disruptive to the residential hall community, a student may be relocated to another building within the residence hall housing
system. In such a case, the student will not be allowed to enter the previous residence hall in any capacity (as a guest/visitor or to attend a program/event) for a stipulated period of time.
Restitution is reimbursement of expenses to a department or office at the Institute that has incurred damages to property. Restitution is limited to exact amount of the damage incurred.
Fee is monetary amount paid to the Institute for participating in an administrative sanction. Fees are associated with the administrative sanctions of the Institute’s Alcohol and Other Drug Sanctioning Model.
Educational sanctions may include community service, a reflection paper, and/or intentional efforts to educate others on Housing policy. The purpose of educational requirements is to provide an additional educational opportunity for residents involved in conduct cases.
Additional requirements may be assigned to a student as part of the sanctions portion of the conduct process.
For low level cases, the Housing and Residence Life Conduct Administrator renders an administrative decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations with an appropriate sanction, and, as warranted, one or more from among educational sanctions. The administrative sanction will be Housing reprimand, Housing warning, or Housing probation. The Accused, after being notified of the Housing and Residence Life Conduct Administrator’s decision, may submit an appeal to the Coordinator of Student Conduct or her/his designee according to appeal procedures.
For high-level cases, the Housing and Residence Life Conduct Administrator makes and issues a decision when the Housing and Residence Life Conduct Administrator or the Accused elects this form of resolution or when the Accused fails to respond within 48 hours of receiving the High Case Resolution Form. The Housing and Residence Life Conduct Administrator renders an administrative decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations with an appropriate sanction and one or more from among educational sanctions. The administrative sanction will be Housing reprimand, Housing warning, or Housing probation. The Accused, after being notified of the Housing and Residence Life Conduct Administrator’s decision, may submit an appeal to the Coordinator of Student Conduct or her/his designee according to appeal procedures.
The appeal process is not intended to grant a new meeting at a higher level. An appeal shall be limited to a review of the record of the initial meeting, supporting documentation, and the Accused’s submitted appeal. The Accused must explicitly state why s/he believes an appeal is warranted. Appeals will only be considered for the following reasons:
- To determine whether the original hearing was conducted fairly and in conformity with prescribed procedures;
- To determine whether there was sufficient evidence to support the decision;
- To determine whether the sanctions assigned were appropriate for the violation for which the resident was found responsible; and/or
- To determine whether new information, not available at the time of the hearing, is relevant to the final decision.
The appeal must be submitted through the student conduct database by the Accused within five (5) business days of the delivery of the decision. The link to the appeal form is included within the decision letter. All supporting documentation must be attached to the online appeal sent via email to the Coordinator of Student Conduct or their designee within the same timeframe. Appeal decisions will normally be rendered within fifteen (15) business days via email. The Appellate Officer may take more than 15 days to render a decision. At the discretion of the Appellate Officer, a designee may be selected to determine the outcome of the appeal. The Appellate Officer is the Coordinator of Student Conduct or department designee.
Decisions of the Appellate Officer go into effect immediately. The Appellate Officer is authorized to take one of the following actions:
- Dismiss the appeal for failure to state valid reasons;
- Find no error and uphold the original decision;
- Uphold the original decision, but modify the violations, sanctions and supplementary requirements;
- Overturn the original decision; or
- Remand the case of the original Housing and Residence Life Conduct Administrator or the RHA Conduct Board.
The decision of the Appellate Officer is the final decision for the case. The Accused shall not be entitled to any further appeals.
The Department of Housing and Residence Life believes that residents should be held responsible for their actions. Moreover, in a community environment, peers should have a voice in addressing any individual or group behaviors that are incongruent with the policies set by the Institute and Department of Housing and Residence Life. A student conduct system has been created in which accused residents may represent themselves and community members may decide both responsibility and sanctions, if applicable. To ensure that this system is administered by residents for residents, the Department of Housing and Residence Life follows a set of procedural regulations created in conjunction with the Georgia Tech Residence Hall Association (RHA). RHA is a student organization charged with the responsibility to represent residents within the residential facilities. It is important to note that the student conduct system is not the same as the legal system and incorporates different standards and procedures. The RHA Conduct Board is a peer group, which adjudicates violations of the Housing contract and serves as the Judicial/Conduct Branch of RHA.
Composition and Selection of RHA Conduct Board(s)
- A hearing board will be formed and trained at the beginning of each academic year with ongoing training and recruitment each semester.
- A quorum will consist of six (6) Justices, one Chief Justice, and one representative of the Executive Director of Housing and Residence Life.
- Justices shall be recruited at the discretion of the Chief Justice and the Board’s Advisor.
- No member of the Conduct Board may be a standing member of the RHA Executive Board.
- Members must reside in Georgia Tech Housing.
Duties and Responsibilities of the Chief Justice
- Serve as the chief administrative officer for the Conduct Board.
- Inform Justices of upcoming hearings.
- Responsible for the attendance of the conduct board members required for quorum.
- Presides over regular hearings of the Conduct Board and will be responsible to assure that a fair, reasonable, and orderly peer hearing is conducted.
- Turns the decision report to the Advisor of the Conduct Board and maintains the confidentiality of the hearing.
- Coordinates sanctioning, writes follow up letters, and forwards the letters to all involved which may include the
- Accused, people overseeing sanction completion, and the appropriate Residence Life professional staff.
- Processes all notification forms for cases to be brought before the Conduct Board, which includes notices to the Accused, Witnesses, and reporting Housing and Residence Life staff.
- Serves as chief representative for the Georgia Tech Residence Halls in matters concerning the student conduct system and resident rights.
- Represents Georgia Tech at student and professional meetings concerning student conduct systems.
- Calls and presides over special meetings of the RHA for purposes of removal hearings for executive officers, as
- prescribed in the RHA constitution and by-laws.
- The Chief Justice will be appointed before the first Legislative Council meeting of the fall semester.
Decisions of the RHA Conduct Board
Decisions will be found by a majority vote. In the case of a tie, the Chief Justice will have the deciding vote. Decisions are recommendations to the Coordinator of Student Conduct or her/his designee.
Tenure of RHA Conduct Board Members
All RHA Conduct Board Members, including the Chief Justice, shall serve one-year terms. A member shall resign immediately upon becoming a Housing and Residence Life staff member or if s/he moves out of Georgia Tech Housing.
Decisions and Sanctions for the RHA Conduct Board
The RHA Conduct Board is convened when either the Housing and Residence Life Conduct Administrator or the Accused elects this form of resolution and used only for high-level cases. The RHA Conduct Board, after convening a hearing, recommends a decision to the Coordinator of Student Conduct or their designee. The Coordinator of Student Conduct or his or her designee, after reviewing the case, renders a decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations with an appropriate administrative sanction and one or more from among the educational sanctions. The administrative sanction will be Housing reprimand, Housing warning, or Housing probation. The Accused, after being notified of the decision, may submit an appeal to the Assistant Director of Residence Life for Staff and Community Development or her/his designee according to appeal procedures.
Scheduling of RHA Conduct Board Hearing
After the case is forwarded to a RHA Conduct Board, the Complainant(s) and the Accused(s) will be notified of available dates and times for a hearing. The Accused may indicate preferences from among the available dates and times, which will be considered by the Coordinator of Student Conduct or department designee if received within three (3) business days. This official notice will be provided at least five (5) business days prior to the hearing and will include the time, date, and location of the hearing. In addition, the notice will specify the Complainant(s), Witnesses, and nature of the alleged misconduct. The Accused may waive the notification timeline in order to expedite the hearing process. Upon request, the Accused may meet with a Housing and Residence Life Conduct Administrator and/or the Chief Justice to review information and hearing procedures.
Hearing Participants and Attendees
- RHA Conduct Board hearings shall ordinarily be closed except for the Accused(s), the Complainant(s), Advisor(s), and Witnesses. Exceptions may be made at the discretion of the Chief Justice. Witnesses are allowed at the discretion of the Chief Justice. The Chief Justice may excuse any person, including the Accused, who disrupts a hearing.
- An Accused who fails to appear after proper notice will be deemed to consider themselves as not responsible to the charges against him/her and to have exercised the right to remain silent without prejudice. At the discretion of the Chief Justice, the hearing may be conducted in the absence of the Accused(s) and all the information regarding the alleged misconduct shall be presented and considered.
- The Complainant(s) and Accused(s) have the right to be accompanied by an Advisor. The Complainant(s) and/or Accused(s) should select an Advisor who can attend the hearing at the scheduled date and time. Delays are not usually granted due to the scheduling conflicts of an Advisor. The Accused(s) must notify the Coordinator of Student Conduct or department designee at least 72 hours prior to the hearing of any witnesses and/or Advisors s/he is bringing.
- Subject to the Chief Justice’s control of the hearing, the Complainant(s), Accused(s) and their Advisors, shall be allowed to attend the RHA Conduct Board hearing, but shall not be allowed to attend Board deliberations.
- In RHA Conduct Board hearings involving more than one Accused, the Coordinator of Student Conduct or department designee may permit the RHA Conduct Board hearings concerning each student to be conducted either separately or jointly.
- A maximum of two (2) character witnesses will be allowed in a hearing.
- All other witnesses must have direct knowledge or information that will assist the RHA Conduct Board in determining the facts of the case.
Hearing Procedures
- The Chief Justice shall exercise control over the proceedings to achieve orderly completion of the hearing.
- Advisors are restricted to private communications with their advisee(s). Any communication by the Advisor that is audible to the RHA Conduct Board may be viewed by the Chief Justice as disturbing the hearing.
- All questions by the Complainant(s) and Accused(s) must be directed to the Chief Justice, rather than to the Witness directly. Questions of whether potential information will be received shall be resolved at the discretion of the Chief Justice.
- In addition to the investigatory packet provided by the Coordinator of Student Conduct or department designee, the RHA Conduct Board, at the discretion of the Chief Justice, may accept additional pertinent information and testimony (including impact statements). Any letters of recommendation submitted by the Accused will be admitted for consideration at the discretion of the Chief Justice and, if admitted, will be viewed only during panel deliberations.
- All procedural questions arising during the meeting are subject to the final decision of the Chief Justice.
- The RHA Conduct Board’s standard of proof shall be a Preponderance of the Evidence.
- The RHA Conduct Board in consultation with the Coordinator of Student Conduct or their designee may reasonably accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant(s), Accused(s), and/or Witnesses during the meeting.
- The RHA Conduct Board shall make a summary transcription of the proceeding, which will serve as the official record of the hearing. No other recording will be permitted. The Accused or the Complainant may request a copy of the recording upon payment of the cost to reproduce the recording, or may listen to the original recording in a location designated by the Coordinator of Student Conduct or department designee at no charge. The record shall be the property of the Institute.
Record Keeping
Student conduct records of residents found responsible of violating Housing policy are retained for seven (7) years from the date of the contract. Student conduct records containing records of cancellation of a student’s Housing contract will be permanently retained. A case referral results in the creation of a student conduct file in the name of the Accused. This file shall be voided if:
- The student is found not responsible for the violation(s), or
- The case is determined to be an informational file only. An informational file is not included in background checks, but can be used in future sanctioning if the behavior continues.
The complete student conduct file will be forwarded to the Office of Student Integrity when a resident’s case is heard by this office.
Release of Information
Student conduct records shall be governed by the Family Educational Rights of Privacy Act 20 U.S.C. & 1232g.
Parental Notification
Parents of residents under the age of 21 may be notified when a resident is found responsible for violating the alcohol and drug policies when either of the following occurs:
- A resident endangers her/himself or others while under the influence of alcohol or other substances. Specific instances include, but are not limited to driving under the influence, fighting, alcohol poisoning, becoming sick in the residence hall from alcohol consumption, and hospitalization.
- When a Housing and Residence Life Conduct Administrator determines that any future violations of Housing or Institute will likely result in removal from Housing.
Student Rights and ResponsibilitiesGeorgia Tech is an academic community in which all persons share responsibility for the community’s growth and continued welfare. As members of the Housing community, residents can reasonably expect the following:
- Residents have the right to freedom from unlawful discrimination on the basis of race, color, gender, sexual/affectional orientation, age, religion, creed, political affiliation, and national origin.
- Residents may have the opportunity to participate in the formulation of policy directly affecting residents through membership on appropriate committees as determined by administrators, or other recognized constitutional groups within the Institute.
- Residents should have accurate and plainly stated information regarding Housing policies, procedures, and requirements.
- In all instances of general student conduct action, the student has the right to fair and impartial treatment. As members of the Housing community, residents have the responsibility to
As members of the Housing community, residents have the responsibility to:
- Keep room/suite/apartment and buildings safe by locking doors, not allowing strangers into the building and helping to identify unsafe areas.
- Respect the rights of others to study and sleep by observing noise policies.
- Communicate wishes and preferences about sleep, studying, and guests/visitors with roommates and set a room standard within housing policy guidelines.
- Know and abide by Institute and Housing policies, and local, state, and federal law.
- Notify staff members of concerns and cooperate with them to find solutions.
- Read Housing Community Guide, Residence Hall Community Policies, the Student Code of Conduct, Housing Contact, and the Department of Housing and Residence Life web page.
