Housing Code of Conduct Violation
What Happens If I'm Accused of Violating the Code of Conduct In On-Campus Housing Property / Violation of Disciplinary Rules on Residence Hall Property?
Depending on the circumstances, Residence Life professional staff (an AC or RD) is permitted to choose one of two options when handling incidents involving an allegation of a violation of the residential code/student code of conduct on residence hall property (including all grounds and associated parking areas) by any KSU student. These options include (1) an informal resolution procedure with the AC or RD or designee (see below) if the alleged violation is not one where removal from housing, or suspension or expulsion from the university would be imposed, or (2) filing formal SCAI charges, which shall result in the case being referred to and heard by either the Director or Associate Director for Residence Life or the SCAI Assistant Director (or designee) serving as a hearing officer or by a university panel hearing.
If the AC or RD chooses to pursue an informal resolution of misconduct, the AC or RD should arrange to meet with the student who allegedly violated the code of conduct. While it is better for the accused student to be present at his/her meeting with the AC or RD, if notice has been given to the student by the student’s KSU email account of the date, time, and place of the meeting and the student does not attend, then the AC or RD may make a decision based on the evidence gathered without the student’s input.
If the student is present, during the meeting between the AC or RD and the accused student, the following shall take place.
1. The AC/RD shall inform the student of the alleged misconduct, including some evidence to support the accusation.
2. The AC/RD must give the student the opportunity to respond to the accusation. Once the student has a chance to respond, the AC or RD shall proceed as follows:
- If the AC or RD finds the student responsible based upon a preponderance of the evidence, or if the student freely, without coercion, accepts responsibility for the misconduct (with or without a written explanation) for the misconduct, then:
- Prior to deciding upon the sanctions for the misconduct, the AC or RD should check to see whether the student has a prior record of misconduct at Kennesaw State University.
- The AC or RD has the prerogative of determining appropriate sanctions within the framework of the Disciplinary Measures listed in section X of the KSU Student Code of Conduct, with the following limitations. In no case may the AC or RD impose expulsion or suspension from the university, or removal from on-campus housing. Those particular sanctions may only be imposed after the filing of SCAI charges, and only if a student has been found responsible for violating the KSU Student Code of Conduct or Residential Code of Conduct after completion of a hearing by either the Director or Associate Director for Residence Life or the SCAI Assistant Director (or designee) or a university panel hearing.
- The AC or RD must assure that appropriate information about the matter and the hearing is entered into the SCAI records software system.
Alternatively, if the AC or RD chooses to file formal SCAI charges, which shall result in the case being referred to and heard by either the Director or Associate Director for Residence Life or the SCAI Associate/Assistant Director (or designee) serving as a hearing officer, or by a university panel hearing because the charge is of such a serious nature that the student faces possible removal from on-campus housing, and/or suspension or expulsion from the university, the matter will be handled in accordance with section II of the SCAI Misconduct Resolution Procedures.