Student Handbook_The Wolf Code 2022-23

Updated August 1, 2022

Table of Contents

Overview of Student Handbook 6

About UWG 7

Undergraduate Admissions 7

Application Process and Procedures 7

Judicial Review 7

Financial Aid 7

Classification of Students for Tuition Purposes 8

Satisfactory Academic Progress Policy (SAP) 8

Student Resources 9

Important UWG Phone Numbers 9

Safety and Emergency Communication 10

LiveSafe 10

Electronic Communication Policy 10

Students with Disabilities 10

Immunizations 11

Student Support 12

Student Withdrawals 12

Student Emergency Fund 13

Food and Hygiene Center 13

Report a Concern and/or Student Complaint 13

Safe Ride 13

Well-Being Resources 14

Student Rights and Responsibilities 14

Freedom of Expression 14

Civil Rights of Students 15

Civil Rights Grievance Procedures for Students 15

Student Voting 15

Getting Involved on Campus 15

Student Organizations 16

Fraternities and Sororities 16

Student Advisory Council 16

Student Government Association 17

Student Activities Council 17

General Guidelines for Tailgating 17

Academic Integrity 19

The Honor Code 19

Types of Academic Integrity Violations 20

Procedures for Resolving Violations of the Academic Integrity Policy 21

Student Responsibility for Reporting Violations of Academic Integrity 22

Appeals of Grade Determination and Academic Dishonesty 22

Distance Education Grade Appeal Procedures 22

WOLF CODE: STUDENT CODE OF CONDUCT 23

Overview 24

Students Rights and Obligations 24

Jurisdiction and Authority 25

Definitions 26

Code of Conduct (Wolf Code) 33

Prohibited General Conduct 33

1.00 LOCAL, STATE, AND FEDERAL LAWS 33

2.00 ACADEMIC DISHONESTY 33

3.00 DISRUPTIVE BEHAVIOR 33

4.00 DISORDERLY CONDUCT 33

5.0 WEAPONS 34

6.00 HAZING 34

7.00 ALCOHOL MISUSE 35

8.00 DRUG MISUSE 35

9.00 FIRE AND OTHER EMERGENCIES 36

10.00 EXPLOSIVES/FIREWORKS 36

11.00 THEFT 36

12.00 MISUSE OF PROPERTY 36

13.00 DECEPTION 36

14.00 IDENTIFICATION CARDS MISUSE 36

15.00 SMOKING/TOBACCO 37

16.00 LITTERING 37

17.00 ANIMALS 37

18.00 MISUSE OF UNIVERSITY FACILITIES AND/OR SERVICES 37

19.00 MISUSE OF THE UNIVERSITY NAME 38

20.00 SOLICITATION (UNAUTHORIZED SALES) 38

21.00 INSTITUTIONAL PROCEDURE MISCONDUCT 38

22.00 MOTOR VEHICLE MISUSE 38

23.00 OTHER PUBLISHED UNIVERSITY REGULATIONS 38

24.00 JOINT RESPONSIBILITY FOR MISCONDUCT 39

25.00 BULLYING AND CYBERBULLYING 39

26.00 PARKING LOT GATE ARM 39

Procedures for Resolving General Conduct 39

Overview 39

1. Reporting Student Conduct 40

2. Initial Evaluation of Student Conduct Reports 41

3. Interim Measures 41

4. Due Process 43

5. Investigations 44

6. Process for Review of Non-Suspension/Non-Expulsion Cases 44

7. Process for Review of Suspension and Expulsion Cases 45

8. Formal Hearing Process 47

Sanction/Action Plan Options 49

Appeal Procedure 50

Student Withdrawals During the Conduct Process 52

Parental or Guardian Notification 52

Student Code of Conduct Record of Retention 52

Wolf Code of Review 52

Sexual Misconduct 53

Violations of Sexual Misconduct 53

UWG Sexual Misconduct Policy 53

Process for Resolving Title IX and Non Title IX Sexual Misconduct 53

Supportive Services 54

Interim Measures 54

Access to Advisors 54

Informal Resolution 55

Investigation 55

Resolution and Hearing 56

Sanctions 60

Appeals 60

Overview of Student Handbook

The Student Handbook is a resource guide including important information that

you will need while navigating the University of West Georgia (UWG) as a student. This

document includes information about campus expectations, resources, safety

procedures, students’ rights and responsibilities, Code of Conduct, and much more.

Familiarize yourself with the contents to have a better understanding of the campus

community and to be successful while enrolled at UWG.

About UWG

Since 1906, the University of West Georgia has been home to those who are

eager to embrace opportunities and deﬁne their own paths. With nearly 100 programs

and locations in Carrollton, Douglasville and Newnan, we’ve come a long way since

then. Today, we’re a regional powerhouse with diverse culture and a commitment to

excellence, making a diﬀerence in the lives of our students, our neighbors and the

world. The one thing that’s never changed: amazing things happen when you Go West.

Undergraduate Admissions

Application Process and Procedures

The admissions policy of the University of West Georgia is designed to admit

those students who will have a reasonable chance of success and who seemingly will

proﬁt from the educational program of the University. A student is considered for

admission without regard to race, creed, gender, sexual orientation or national origin.

Admission requirements are those stated in the most current issue of the University of

West Georgia Undergraduate Catalog.

Judicial Review

Students who answer "yes" to disciplinary history questions on the Admission

Application are reviewed by the Oﬃce of Community Standards. If more information is

needed, a judicial questionnaire form will be sent to you for completion. A committee

including the University Chief of Police, Associate Vice President of Student

Aﬀairs/Dean of Students and the Assistant Dean of Students will review the

questionnaire and all supporting documents to provide a judicial clearance.

Financial Aid

The University of West Georgia administers ﬁnancial aid in alignment with

policies and procedures established by the federal and state government. The primary

purpose of the University of West Georgia's ﬁnancial aid program is to provide

assistance to students who, without such aid, would be unable to attend the University.

The student's ﬁnancial aid package can provide a variety of resources such as

scholarships, grants, loans, and/or federal work study program options. These types of

assistance are based on the diﬀerence between the family’s resources and the cost of

attending college.

Classiﬁcation of Students for Tuition Purposes

A student is responsible for registering under the proper classiﬁcation as an

in-state or out-of-state student. A student classiﬁed as out-of-state who believes that

they are entitled to be reclassiﬁed as in-state may petition for a change in status. The

petition must be ﬁled no later than September 1 for fall; February 1 for spring, and June

1 for summer in order for the petition to be considered for that semester. If the petition

is granted, reclassiﬁcation will not be retroactive to prior semesters. A student whose

reclassiﬁcation petition is denied by the Registrar may, within ﬁve (5) business days,

appeal that decision. Complete appeal procedures are available from the Oﬃce of

Registrar. The necessary forms for this purpose are available from the Registrar’s

website.

Satisfactory Academic Progress Policy (SAP)

Satisfactory Academic Progress (SAP) requirements are meant to ensure that

students receiving ﬁnancial aid are able to complete their academic program in a timely

manner through achieving minimum academic standards. In an age of increasing

accountability for the use of federal, state, and institutional student aid funds,

institutions of higher education and their students must demonstrate that ﬁnancial aid

funds are being used to assist students in eﬃciently completing their academic goals.

Student Resources

Important UWG Phone Numbers

Refer to this page to quickly access the contact information of campus departments

and resources that you may frequently interact with while enrolled as a student.

Accessibility Services Oﬃce 678-839-6428

Assistant Vice President for Student Life/Dean of Students 678-839-6423

Bookstore 678-839-6523

Campus Life 678-839-6423

Campus Recreation (UREC) 678-839-5500

Career Services 678-839-6431

Center for Academic Success (CAS) 678-839-6280

Center for Student Involvement and Inclusion (CSII) 678-839-6526

Counseling Services 678-839-6428

*After hours emergency counselors are available by pressing “2” when prompted

Commuter Services 678-839-5307

Dining Services/Dine West 678-839-6496

Financial Aid 678-839-6421

Health Services 678-839-6452

Housing and Residence Life (HRL) 678-839-6426

Honors College 678-839-6636

Information Technology Services (ITS) 678-839-6587

Ingram Library 678-839-6495

Mail Services 678-839-6522

Momentum Center 678-839-6140

Oﬃce of Community Standards (OCS) 678-839-2466

Oﬃce of Student Accounts and Billing 678-838-4737

Parking & Transportation Services 678-839-6629

Print Services 678-839-6483

Provost 678-839-6445

Registrar 678-839-6438

Reserve West

*This web page contains information on how to reserve space on campus.

Student Aﬀairs 678-839-6423

The Scoop

*This web page contains information about important academic and ﬁnancial deadlines.

Title IX Coordinator and Equal Opportunity Oﬃcer 678-839-4977

University Police 678-839-6000

Vice President for Student Aﬀairs 678-839-6423

Wolves Card Oﬃce 678-839-6525

Safety and Emergency Communication

LiveSafe

LiveSafe is a free mobile app for students, faculty, staﬀ, parents, alumni and

visitors. The app allows you to keep staﬀ safe by providing a streamlined way to

communicate directly with the University Police Department and it allows safety

oﬃcials to better protect you. This program will also notify you of urgent matters such

as weather or campus emergencies. For additional information about the LiveSafe

app., check out the campus web page or go to the app section on your phone and

install the program.

Electronic Communication Policy

Students should be aware that information and communications they post on

the Internet, including but not limited to social networks such as Facebook, Twitter, and

Internet message boards, forums, web pages and blogs are public in nature. When

such information and communications posted in these manners violate the UWG

Student Code of Conduct, or if such information indicates a violation of the Student

Code of Conduct, this information or communications may be used in judiciary

proceedings. In particular, communications that violate the Student Code of Conduct,

such as threats and harassment, are violations whether they are transmitted in person,

by phone, over the internet, via e-mail or by any other means.

Students with Disabilities

(University of System of Georgia BOR policy 4.1.5) The Americans with

Disabilities Act (ADA) requires colleges or universities to make necessary modiﬁcations

to ensure that the institution does not discriminate or have the eﬀect of discrimination

against a qualiﬁed student with a disability. The USG is committed to providing equal

educational opportunities to all students, and oﬀers students with disabilities a variety

of services and accommodations to ensure that both facilities and programs are

accessible.

The USG has established sets of common standards and procedures for

evaluating and administering accommodations for students with disabilities, which can

be found in the Academic Aﬀairs Handbook. The policy is pursuant to the provisions of

the Americans with Disabilities Act. The USG is a “public entity” within the meaning of

the ADA, 42 U.S.C. § 12131, and 28 C.F.R. § 35.104, and, therefore, subject to Title II

of the ADA, and its implementing regulations, 28 C.F.R. Part 35. It is also a “recipient”

of “federal ﬁnancial assistance” within the meaning of Section 504, 29 U.S.C. § 794,

and 34 C.F.R. § 104 and is therefore subject to Section 504 and the relevant

implementing regulations, 34 C.F.R. Part 104 (BoR Minutes, November 2008).

For those with a documented disability, the University will provide reasonable

accommodations. Students with disabilities who have needs should contact the

Counseling Center, Row Hall (678) 839-6428 (campus extension 9-6428), to discuss

their concerns and needs. Accessibility Services, housed in the Counseling Center,

coordinates accessibility services for students with disabilities, including counseling,

classroom accommodations and other campus accommodations including housing,

meals, and parking. For more information, please visit Accessibility Services.

Immunizations

UWG requires certain immunizations of all students. All new students

(i.e.,freshman, transfers, and others) attending regularly scheduled classes or receiving

resident credit will be required to submit a Certiﬁcate of Immunization prior to attending

classes. The certiﬁcate will be kept on ﬁle and will be valid throughout the tenure of the

student's enrollment. A medical doctor needs to ﬁll out the immunization form and the

student should return this form to the University of West Georgia. Once the doctor has

ﬁlled out the form, send the completed form to [email protected]. Include the

student’s name and Student ID number to ensure the documents are uploaded to the

correct ﬁle. An international student who has received any of the required

immunizations from their home country should print out the immunization form and

have a doctor give the student a copy of their records before they arrive in the United

States. A current list of required immunizations along with the Immunization Policy are

available through the Immunization page.

Student Support

At UWG, we have several ways to support our students and to assist you with

navigating challenging situations in and out of the classroom when they arise. Review

the following sections to learn more about these procedures and resources.

Student Withdrawals

● Administrative Withdrawal

A student may be administratively withdrawn from the university when the Vice

President for Student Aﬀairs or their designee, in consultation, when

appropriate, with the student's parent(s), spouse or designee, the Director of the

Counseling and Career Development Center, and the University physician deem

it best due to a student suﬀering from a physical, mental, emotional, or

psychological health condition. Administrative withdrawal conditions would be

determined if a student:

○ Posts a signiﬁcant danger or threat of physical harm to the student or to

the person or property of others

○ Causes the student to interfere with the rights of other members of the

university community, or with the exercise of any proper activities or

functions of the university or its personnel

○ Causes the student to be unable to meet institutional requirements for

admission and continued enrollment as deﬁned in the Student Code of

Conduct and other university publications

To initiate an administrative withdrawal, email Dr. Lakiesa Rawlinson, Dean of

Students, at [email protected].

● Hardship Withdrawal

A hardship withdrawal is an exception based on unusual or emergency

circumstances beyond the student's control. There may have been a traumatic

event or circumstances that prevented the student from successfully completing

their academic work. Students may request a hardship withdrawal after the

oﬃcial Drop/Add deadline published in the UWG semester term calendar until

the Friday immediately prior to the ﬁnal week of the term. A hardship withdrawal

may be granted based on special circumstances. The following conditions

apply:

○ The student must initiate a hardship withdrawal using the request for a

Hardship Withdrawal. The student should be prepared to present

documented evidence to substantiate the hardship being claimed.

○ Hardship withdrawals requested after the Friday immediately prior to the

ﬁnal week of the term will be treated as a retroactive hardship withdrawal.

Retroactive hardship withdrawals will not be allowed if the student has

completed all course requirements such as a ﬁnal exam and/or a ﬁnal

project. Students seeking a retroactive hardship withdrawal must initiate

the withdrawal through their assistant or associate dean. If a student is

recommended for a hardship withdrawal, the grade(s) will be changed to

W (Withdrawal/s).

○ Approved hardship withdrawals do not result in a tuition refund. Approved

hardship withdrawals may aﬀect a student’s ﬁnancial aid eligibility. The

student should consult with the Enrollment Services for conﬁrmation of

the impact of the withdrawal.

Student Emergency Fund

During your time as a student, you may face unexpected challenges or

emergencies. The Supporting our Students (SOS) Fund provides ﬁnancial support when

a veriﬁed emergency has impacted a student’s health, safety, or wellbeing.

Undergraduate and graduate students may apply for funds when they experience a

ﬁnancial barrier based on an emergency situation and/or when they have exhausted all

other available resources.

The Supporting our Students Fund is a one-time oﬀer. Funds disbursed through

the Supporting our Students Fund does not aﬀect the student’s ﬁnancial aid package

and funding provided through the Supporting our Students Fund is not a substitute for

ﬁnancial aid.

To apply, individuals must complete the Student Emergency Fund Form in its

entirety. Please note that completing this form does not grant automatic approval. Each

application will be reviewed individually and funding is granted based on availability. To

learn more about Student Emergency Fund, visit UWG Cares.

Food and Hygiene Center

UWG has a comprehensive initiative, Howl Against Hunger, to combat food

insecurity at the university. Current students and/or employees who need access to food

and hygiene can email [email protected] to ﬁll out a form and identify your

needs. When items are ready for pick up in the Campus Center, the student/employee

will receive an additional email notiﬁcation.

Safe Ride

The Safe Ride shuttle typically runs on Thursday- Saturday, 9:00 pm-2:00 am

providing all students a safe ride to and from Adamson Square. The Safe Ride stops at all

Red Route bus stops, apart from Front Campus Drive, and drops off near the AMP at

Adamson Square. The route is a continuous loop and leaves the square for the last time

at 2:00am. For an up to date route schedule, visit Shuttle Services webpage.

Report a Concern and/or Student Complaint

UWG has two mechanisms for faculty, staﬀ, and students to report bias,

behavioral, or wellness concerns to maintain a safe and welcoming environment:

A. UWG CARES: Report an issue to the Campus Awareness Response and

Evaluation (CARE) team if you are concerned about the well-being of a student at

UWG and/or have a complaint against a department or individual. Referring

students to the CARE team is a secondary response for urgent-related matters as

individuals with emergencies should notify the University Police department at

678-839-6000 and/or call 911.

B. Oﬃce of Community Standards: Complete this incident report form to report a

violation of the University of West Georgia’s Student Code of Conduct.

Well-Being Resources

There are several resources that you can choose from to maintain your well-being

at UWG:

● UWG Counseling Center: Oﬀers mental health support and access to free,

individualized counseling on campus.

● Integrative Wellness: An initiative that oﬀers UWG student’s choices and ﬂexibility

in managing their mental wellness ranging from minor to severe. Students have

access to telehealth sessions, virtual clinics, an online wellness magazine, and a

variety of well-being resources.

● Georgia Crisis Hotline: For immediate access to routine or crisis services in the

community, contact the Georgia Crisis Hotline at 1-800-715-4225.

● Sharpen Health App: A desktop and mobile app that you can download to

connect with licensed mental health professionals. Access your mental health

toolkit here.

Student Rights and Responsibilities

Freedom of Expression

The University of West Georgia is committed to free and open inquiry and

expression in all matters. Members of the university community are guaranteed the

broadest possible latitude to speak, write, listen, challenge and learn. With the exception

of certain limitations (i.e.,time, place, manner) on that freedom which are necessary to

the functioning of the university, UWG respects and supports the freedom of all

members of the university community to discuss, debate, write, assemble and/or

demonstrate regarding any issue or problem. When planning an event, please use the

campus reservation system through Reserve West.

In order to assure equal opportunity for all, preserve order on campus, and

provide a secure, safe environment, the University has established a set of regulations

governing the time, place, and manner of expression. The University of West Georgia

follows the guidelines of Freedom of Expression outlined in the BOR policy 6.5.

Civil Rights of Students

It continues to be the policy of the University of West Georgia to provide equal

opportunity to all students and applicants for admission without regard to race, creed,

color, sex, sexual orientation, national origin, religion, age, veteran status, or disability

status, including pregnancy. The University does not discriminate against any student or

applicant in regard to any position for which the student is qualiﬁed.

Civil Rights Grievance Procedures for Students

The University of West Georgia forbids discrimination or harassment in its

programs and activities on the basis of race, creed, color, national origin, sex, gender,

identity, sexual orientation, disability (including pregnancy), age, religion, veteran status,

or any other characteristic protected by Institutional policy, or state, local, or federal law.

Any student who believes that they have been discriminated against because of

race, creed, color, gender, sexual orientation, national origin, religion, age, veteran, or

disability status, including pregnancy, is encouraged to let appropriate authorities at the

university know of this treatment. If the student chooses, they may ﬁle a grievance via

the Incident Report Form here. For grievances of discrimination of a sexual nature, please

also see the section titled “Sexual Misconduct” in this handbook.

A student who wishes to know more about these procedures, or desires to speak

with someone for advice about how to proceed with a complaint may contact Title IX &

Equal Opportunity at 678-839-4977.

Student Voting

Students are encouraged to vote in all federal, state, and local elections. Board of

Regents' policy states: “A student whose class schedule would otherwise prevent him or

her from voting will be permitted an excused absence for the interval reasonably required

for voting.”

Students should plan to submit absentee ballots when they will be away from

home on election days, and they should apply for the absentee ballot well in advance of

the election date. Students may register to vote and request forms for absentee ballots

through this State of Georgia Website. Registering for an absentee ballot for elections

outside of the State of Georgia should be obtained by the individual state’s government

website.

Getting Involved on Campus

UWG oﬀers every student an immersive and enriching college experience and you

can learn more about these experiences on the Campus Life page. Activities,

organizations and student leadership opportunities contribute to the vibrancy of your

campus life and success after graduation. From Fraternity and Sorority Life and

leadership opportunities to club sports and STEM activities, you can ﬁnd your place

among more than 150 diverse and inclusive student organizations on the Wolf Connect

Portal. Whatever you are passionate about or want to explore, you are sure to ﬁnd an

organization right for you at the University of West Georgia!

Student Organizations

Students involved in Student Organization can see all UWG guidelines and

expectations reviewing the Registered Student Organization Handbook.

All recognized student groups and student organization’s are expected to adhere

to the University System of Georgia policies, the University of West Georgia Student

Code of Conduct, federal, state, and local laws, and the Registered Student Organization

Handbook. The oﬃcers, members, and advisors to student groups and organizations

are individually and collectively responsible for ensuring that all members understand

and comply with the contents of the UWG Code of Conduct. Any person, including

students, faculty and staﬀ, who has information regarding what may be considered a

policy violation may ﬁle a complaint with the Oﬃce of Community Standards.

Student groups and student organizations, along with the oﬃcers, may be held

collectively or individually responsible when violations of the code, by those associated

with the organization or group have received the tacit or overt consent or encouragement

of the organization or of its leaders, oﬃcers, or spokespersons. Individuals charged with

conduct code violations arising out of their aﬃliation with student organizations or

student groups shall have their cases settled according to the procedures outlined in the

Student Code of Conduct.

The oﬃcers, leaders, or any identiﬁable spokespersons for a student organization

or student group may be directed by the Oﬃce of Community Standards to take

appropriate action designed to prevent or end violations of this code. Failure to make

reasonable eﬀorts to comply shall be considered a violation of this code, both by the

oﬃcers, leaders, or spokespersons for the organization and by the organization itself.

Additional policies concerning the conduct of student organizations shall be addressed

according to procedures published by the Center for Student Involvement and Inclusion

(CSII) and are distributed annually to all registered student organizations.

Fraternities and Sororities

Students involved in Fraternity and Sorority Life can see all UWG guidelines and

expectations by reviewing the FSL Handbook.

Student Advisory Council

The Student Advisory Council (SAC) is composed of Student Government

representatives from the 26 colleges and universities of the University System of Georgia

and its purpose is to advise the Board of Regents, through the Chancellor, on issues that

are important to students. We hope that you will use this site as a gateway to

information on what is happening on our campuses around the state.

Student Government Association

The mission and duties of the Student Government Association are:

● To provide an oﬃcial voice through which student opinion may be expressed.

● To enact programs necessary for the general welfare of the student body.

● To promote unity among the students, faculty, and staﬀ of the University of West

Georgia

● To encourage a higher quality of education and educational opportunities for all

students attending the University of West Georgia.

● To participate actively in Faculty Senate Committees and governance structure of

the University.

● To give students a chance to defend themselves through the Judiciary

Commission.

Student Activities Council

The Student Activities Council (SAC) is a student organization whose purpose is to

provide social, educational, and cultural activities for students at the University of West

Georgia. If you are currently enrolled as a UWG student, you can join this organization

and plan events for your peers. Learn more about this organization on the SAC page and

check out upcoming events through Wolf Connect.

General Guidelines for Tailgating

Tailgating is a part of the gameday tradition at the University of West Georgia.

Tailgating is permitted in designated areas and may include setting upnon-permanent

facilities (i.e., tents and tables) to consume food and beverages prior to an oﬃcially

sanctioned University event to which the public is invited. We want you to have an

exciting experience and simply ask that you be respectful of other guests. The following

guidelines aim to ensure the safety and enjoyment of all fans.

● Football Tailgating Locations

○ “The Hill” is coordinated by the UWG Center for Student Involvement and

Inclusion. This space overlooks the southeast corner of University Stadium

and allows students to come together to enjoy live entertainment,

complimentary food and drink, giveaways, and activities designed to

enhance the game day experience. Glass bottles are prohibited in “The

Hill.” All UWG students and organizations in good standing with the UWG

Center for Student Involvement and Inclusion may set up individual tents

12’ X 12’ or smaller on the Hill beginning no more than eight hours prior to

“kick-oﬀ.” Spaces for “The Hill” can be made by student organizations

through Reserve West.

○ “The Wolf Walk” tailgate area is located between “the Hill” and Wolves

Plaza. The Wolves Zone is designated for student groups, student services

departments, and Alumni Relations; additionally, there are spaces available

in the “Lower Wolves Zone” that are reservable by anyone. The

Reservations for “The Wolves Zone” can be made through Reserve West.

○ “The Tailgate Lot” is located below the Hill and Wolf Walk.This area is

designated for students, student groups, campus departments, Alumni,

community, etc. The Reservations for “The Tailgate Lot” can be made

through Reserve West.

○ General tailgating is permitted in green spaces adjacent to designated

parking lots B, C, D & E at the UWG Athletic Complex. Tailgating in traﬃc

lanes or pedestrian pathways is not permitted. Fires are not permitted on

asphalt parking spaces. Note: “TAILGATE PARK” is available for very

large groups, has 12 grill pits sites and is located on the northwest corner

of the Athletic Complex.

All tailgating must be concluded no later than two hours after the completion of the

game.

● Food and Grilling

Groups may bring their own picnic items and food to their tailgate area. Grilling is

permitted in accordance with the following rules:

○ Propane and charcoal grills only

○ Grill must be elevated and may not contact paved parking lots

○ Fires must be extinguished and coals must be removed from campus for

disposal; they cannot be disposed of in campus dumpsters or trash cans

○ Grilling may be prohibited during dry conditions upon prior announcement.

● Alcohol Consumption

In accordance with the University of West Georgia’s Alcohol Policy (See

westga.edu/alcohol), alcohol is allowed at any major event which is designated by

the President as a tailgate event. Participants in tailgating parties are expected to

follow all relevant laws and UWG’s Alcohol Use Policy, including not serving

alcohol to anyone under 21 years of age, not giving alcoholic beverages to any

obviously intoxicated person, and not driving while intoxicated. Consumption of

alcohol outside designated areas and/or time periods constitutes a violation of

The University of West Georgia tailgating policy.

○ Kegs and other common containers are not allowed at any time.

○ Glass containers are not allowed except to hold alcohol in its original

bottled package in your cooler or closed container.

○ Drinking games (including but not limited to beer pong) and the use of

devices intended to accelerate the consumption of alcohol (including but

not limited to funnels or beer bongs) are prohibited.

● Tobacco and Smoke-Free Campus Policy

In accordance with the Georgia Smoke Free Air Act of 2005, Title 31 Chapter 12A,

the use of all forms of tobacco products on property owned, leased, rented, in the

possession of, or in any way used by the USG or its aﬃliates is expressly

prohibited. This prohibition includes but is not limited to all areas indoors and

outdoors, buildings and parking lots owned, leased, rented or otherwise used by

the USG or its aﬃliates.

● Outdoor Ampliﬁed Sound

Outdoor ampliﬁed sound, including speakers, radios, DJ, etc, may only occur

during the operational hours in connection with activities or events on the UWG

Athletic Complex property.

● Sales and Solicitation

No sales activities or solicitation are allowed on the University campus, including

any/all tailgating areas, without permission from Auxiliary Services.

● Coliseum and Cole Field

Tailgating for basketball and baseball is permitted in parking lots and green space

in and around these facilities. All general policies, procedures and guidelines

outlined herein are to be followed.

Academic Integrity

At the University of West Georgia, we believe that academic and personal

integrity is based upon values such as honesty, trust, fairness, respect and

responsibility. In an environment that recognizes and honors these values, standards of

academic excellence must be maintained. An atmosphere of academic integrity

enhances ethical and moral development among college students.

The Honor Code

The UWG Community is responsible to uphold the inherent values of the Honor

Code. Each student is given a copy of the Honor Code upon enrollment in the

University. By signing the pledge, a student is making a commitment to honor the

principles of academic and personal integrity, refusing to condone a violation of the

Honor Code by other students and supporting imposition of penalties against those

who commit violations.

When a student chooses to enroll at the University of West Georgia they pledge the

following:

Having read the honor code of UWG, I understand and accept my responsibility

to uphold the values and beliefs described, and to conduct myself in a manner

that will reﬂect the values of the institution in such a way as to respect the rights

of all UWG community members. As a UWG student, I will represent myself

truthfully and complete all academic assignments honestly.

I understand that if I violate this code, I will accept the penalties imposed,

should I be found responsible for violations through the processes due to me as

a University community member. These penalties may include expulsion from

the University. I also recognize that my responsibility includes willingness to

confront members of the University community, if I feel there has been a

violation of the Honor Code.

Types of Academic Integrity Violations

Below are some common types of violations related to academic integrity:

● Cheating: Cheating means using, attempting to use or aiding others in using

unauthorized materials, information, or study aids. This behavior also means

excessive collaboration or gaining unauthorized access to unauthorized

materials.

● Fabrication: Fabrication means falsiﬁcation or unauthorized invention of any

information or citation.

● Plagiarism: Plagiarism means representing the words or ideas of another as

one’s own. Direct quotations must be indicated and ideas of another must be

appropriately acknowledged. Plagiarism also includes “self-plagiarism” which

includes the reuse of one’s own work without acknowledging that one is doing

so or citing the original work.

● Excessive Collaboration: Excessive collaboration means the end result of all

idea swapping, sharing, brainstorming, and conferring has obliterated one

student’s voice and replaced it with that of another. Student writers collaborate

excessively when they abandon, wittingly or unwittingly, their own words and

adopt, claiming them as their own, the ideas or exact phrasing of their

collaborator.

While the aforementioned list provides a summary of types of academic integrity

violations, here are some examples to further clarify Academic Dishonesty:

● Submitting the same work, or essentially the same work, for more than one

course without explicitly obtaining permission from all instructors. A student

must disclose when a paper or project builds on work completed earlier in his or

her academic career.

● Requesting an academic beneﬁt based on false information or deception. This

includes requesting an extension of time, a better grade, or a recommendation

from an instructor.

● Making any changes (including adding material or erasing material) without the

express permission of the instructor, on any test paper, problem set, or class

assignment being submitted for re-grade.

● Willfully damaging the eﬀorts or work of other students.

● Stealing, defacing, or damaging academic facilities or materials.

● Collaborating with other students planning or engaging in any form of academic

misconduct.

● Submitting any academic work under someone else’s name other than your

own.

Procedures for Resolving Violations of the Academic Integrity Policy

● Academic Aﬀairs Imposed Penalties

Each incidence of academic dishonesty is subject to review and consideration

by the instructor and is subject to a range of academic penalties including, but

not limited to failing the assignment and/or failing the course. The instructor will

notify the Assistant or Associate Dean of the College/School or Library in which

the alleged incident took place. Academic penalties imposed by instructors may

be appealed through a grade appeal.

The instructor or advisor should communicate with the student whom they

suspect of violating the Honor Code. The instructor/advisor should inform the

student of the academic penalty they intend to institute per the syllabus. After

communicating with the student, the instructor should send a brief report of the

case, including the breach of academic integrity and supporting documentation

to the Oﬃce of Community Standards. The case then becomes a part of the

student’s conduct record at UWG. The University of West Georgia creates a

record of students’ infringement of academic integrity to create a mechanism for

identifying patterns of dishonesty. This response will enable the University to

take appropriate actions including suspension/expulsion of students with

repeated incidents.

● Oﬃce of Community Standards Imposed Penalties

The instructor is strongly encouraged to refer the alleged student to the Oﬃce of

Community Standards for review and possible student conduct sanctions per

the process of adjudicating student conduct cases. The Oﬃce of Community

Standards adjudication process is to determine if an alleged student has

violated the Code of Conduct utilizing a preponderance of evidence standard -

“more likely than not”. The Oﬃce of Community Standards’ decision is not a

reevaluation of the reporting instructor’s decision. Student Conduct sanctions

range from written warning to suspension or expulsion depending on the

magnitude and/or number of the oﬀense(s). The incident will become part of the

student’s conduct record at UWG. Sanction(s) imposed by the Oﬃce of

Community Standards may be appealed through the Student Conduct Appeals’

process.

Student Responsibility for Reporting Violations of Academic Integrity

Students who are concerned that they may have violated the Honor Code are

expected to report their behavior to the instructor or academic advisor. Self-reporting

does not signify admission of guilt, but does provide the opportunity for dialogue to

resolve misunderstandings and miscommunication.

If a student perceives that another student violated the Honor Code, then they

should report the incident to their instructor or academic advisor. The instructor or

academic advisor will review the situation. If the instructor or advisor determines that a

violation has taken place, an appropriate referral will be made.

Appeals of Grade Determination and Academic Dishonesty

Students have the right to appeal a course grade. Grade appeals must be

submitted in writing, using the UWG Student Grade Appeal Form. The student shall

initiate the grade appeal no later than the end of the semester following the assignment

of the grade. Information related to Grade Appeals is available in the Academic Policies

website.

Distance Education Grade Appeal Procedures

Distance Education students in non-eCore/eMajor courses will follow the same

procedures outlined for students who attend courses on campus. However, for any

process that requires a student to appear in person, the University may make other

arrangements. For processes that cannot be completed via telephone, e-mail, or

written correspondence, the University may set up a two-way video-conference site in

place of a meeting on the UWG campus.

Distance Education students in eCore or eMajor courses must initiate the grade

appeal procedure by completing the eCore or eMajor Student Grade Appeal Form. The

appeal must be made within thirty (30) days after the grade is posted. The student

must ﬁrst complete Student Grade Appeal Form to initiate the process and

acknowledge their understanding of the grade appeal process. The Student Grade

Appeal Form can be submitted online at eCore or eMajor.

WOLF CODE: STUDENT CODE OF CONDUCT

Overview

● Student Code of Conduct and Administrative Policies and Procedures

The University of West Georgia (UWG) strives to create a safe and inclusive

campus environment where students are welcome to explore, thrive and

succeed. The Wolf Code is a holistic overview of community expectations

including the values that reinforce how students are expected to behave. The

following regulations serve as a preventative measure to ensure that the campus

community is knowledgeable on local, state, and federal laws along with UWG

policies and procedures. Unfamiliarity is not an excuse for infractions of the

regulations and the university will not tolerate academic misconduct or

non-academic misconduct. Students, registered student organizations, and

groups are expected to adhere to conduct regulations and University has the

authority to enforce them, terms students agree to abide by through their

enrollment.

● Interaction between Student Code of Conduct and Law

Student conduct is governed by the Code, university policy and applicable law.

Students involved in criminal manners may be sanctioned by the University in

addition to any sanctions that may be imposed by a court of law. However, the

relationship a Student has with the state or federal court system does not alter

the Student’s relationship with the university unless the Student is also found

responsible for violating university Policy.

Students Rights and Obligations

● Compliance with University Policy

The Oﬃce of Community Standards (OCS) in conjunction with other university

departments works to educate students on their rights and responsibilities at the

University of West Georgia, Through its processes and procedures, OCS

ensures accountability for improper behavior, upholds the requirements of due

process, and applies fair, appropriate, and educational disciplinary sanctions for

conduct violations.

Conduct regulations at the University are set forth in writing in order to give

students general notice of prohibited conduct. The regulations should be read

broadly and are not designed to deﬁne misconduct in exhaustive terms. The

University reserves the right to take necessary and appropriate action to protect

the safety and well-being of the campus community.

● Duty to Disclose Criminal/Disciplinary Matters

University of West Georgia’s students have a continuing duty to report

criminal/disciplinary events that occur after application to the university. The

criminal/disciplinary events that must be reported are described below and

reports must be made to the Dean of Students, within 72 hours of the student’s

notice of an event. Failure to comply with this requirement, may result in

sanctions up to and including immediate withdrawal from the university.

○ Conviction of a crime other than a minor traﬃc violation;

○ Criminal charges ﬁled against the student;

○ Entering a plea of guilty, a plea of no contest, a plea of nolo contendere,

an Alford plea, or a plea under any ﬁrst oﬀender act in response to

charges ﬁled against the Student; and

○ Disciplinary or academic misconduct charges initiated or sanctions

imposed against the Student from a high school or former college or

university.

The university will review all reported incidents to determine if the Student’s

conduct poses a signiﬁcant threat to the safety and well-being of the University

Community.

● To Seek Resolution

Any student may consult with the Oﬃce of the University Ombuds (OO). The OO

is a resource for assisting with mediation and resolution of conﬂicts at the lowest

level. Working with the OO is encouraged to assist students with conﬂicts or

disputes in an eﬀort to prevent escalation of the conﬂict. The services from the

Ombuds Oﬃce work best when both parties willingly engage in resolution. The

Ombuds work in a neutral, independent, informal and conﬁdential manner, to the

extent allowable by law.

Jurisdiction and Authority

The Student Code of Conduct shall apply to individual students and student

organizations. Also, the Code applies to all student conduct on University premises, at

University sponsored activities and programs, including those in remote and

international locations, and oﬀ campus locations where conduct violates a community,

state, local or federal law. These processes are separate from the University student

conduct process.

Each student shall be responsible for their conduct from the time of application

for admission through the actual awarding of the degree, even though the conduct may

occur before classes begin or after classes end, as well as during the academic year

and during periods between terms of actual enrollment. The Student Code of Conduct

shall apply to a student’s conduct even if the student withdraws from school while a

conduct case is pending.

Deﬁnitions

● Administrator: An upper level, University oﬃcial.

● Advisor: An individual that assists a student or an organization with conduct

hearing proceedings. An Advisor is any individual the student or organization

chooses.

● Allegation: The possible violations of the Student Code of Conduct. Allegations

are investigated and may result in a charge if the preponderance meets the

threshold.

● Appeals: An option to ask for someone else to review the case and hearing

documents and determine if there is grounds for a change to the outcome or

sanctions.

● Business Day: Standard university operational day (Monday through Friday,

8:00 a.m. – 5:00 p.m.)

● Charge: a violation outlined in the Student Code of Conduct.

● Chief Conduct Oﬃcer: Refers to the Assistant Dean of Students, or designee,

responsible for the oversight and administration of the student conduct process.

● Clery: The Clery Act requires all colleges and universities receiving federal

funding to share information about crime on campus and their eﬀorts to improve

campus safety as well as inform the public of crime in or around campus. This

information is made publicly accessible through the university’s annual security

report. Under the Act, institutions must provide survivors of sexual assault,

domestic violence, and stalking with options such as changes to academic,

transportation, or living, or working situations, and assistance in notifying local

law enforcement, if the student or employee chooses to do so. It also provides

both parties in a campus disciplinary process certain rights. Colleges and

universities must outline speciﬁc policies and procedures within their annual

security reports, including those related to disseminating timely warnings and

emergency notiﬁcations, options for survivors of sexual assault, domestic

violence, dating violence, and stalking, and campus crime reporting processes.

● Code: The term refers to the Student Code of Conduct.

● Complainant: Person reporting possible student misconduct or academic

dishonesty. The University may also act as a Complainant.

● Conﬁdential Employee: University employees who have been designated by

the institution to talk with a Complainant or Respondent in conﬁdence.

Conﬁdential Employees must only report that the incident occurred and provide

date, time, location, and name of alleged Respondent (if known) without

revealing any information that would personally identify the alleged Victim. This

minimal reporting must be submitted in compliance with Title IX and the Jeanne

Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

(“Clery Act”). Conﬁdential Employees may be required to fully disclose details of

an incident in order to ensure campus safety.

● Consent: Words or actions that show a knowing and voluntary willingness to

engage in mutually agreed-upon sexual activity. Consent cannot be gained by

force, intimidation or coercion; by ignoring or acting in spite of objections of

another; or by taking advantage of the incapacitation of another where the

Respondent knows or reasonably should have known of such incapacitation.

Minors under the age of 16 cannot legally consent under Georgia law. Consent

is also absent when the activity in question exceeds the scope of consent

previously given. Past consent does not imply present or future consent. Silence

or an absence of resistance does not imply consent. Consent can be withdrawn

at any time by either party by using clear words or actions.

● Dating Violence: Violence committed by a person who is or has been in a social

relationship of a romantic or intimate nature with the alleged victim. The

existence of such a relationship shall be determined based on the totality of the

circumstances including, without limitation to: (1) the length of the relationship;

(2) the type of relationship; and (3) the frequency of interaction between the

persons involved in the relationship. Dating violence includes, but is not limited

to, sexual or physical abuse or the threat of such abuse. Dating violence does

not include acts covered under the deﬁnition of domestic violence.

● Deferred Suspension: A suspension held in abeyance or set aside provided the

student completes other sanctions and remains free of additional conduct

violations.

● Domestic Violence: Violence committed by a current or former spouse or

intimate partner of the alleged victim; by a person with whom the alleged victim

shares a child in common; by a person who is cohabitating with, or has

cohabitated with, the victim as a spouse or intimate partner, or by a person

similarly situated to a spouse of the alleged victim.

● Due Process: A legal concept ensuring that a student’s life, liberty, and property

interests are not violated through institutional decision making. The safeguards

put in place before and during disciplinary action include notice and the

opportunity for a hearing. The amount of process given is dependent on the

severity of the potential deprivation or loss (i.e. suspension or expulsion level

cases will be aﬀorded a greater amount of process than will other cases.)

● Enrolled Student: A student with a UWG course schedule.

● Formal Resolution: The process by which a hearing oﬃcer or student conduct

board hears a case, determines facts, information, and evidence relevant to the

case. During the hearing, witnesses may be called and the hearing will be

recorded. Following the hearing process, the hearing oﬃcer(s) renders a

decision on whether or not a violation of the Student Code of Conduct has

occurred. If a determination of responsibility is made, then appropriate action

plans or sanctions may be required. As part of this resolution, the student

maintains their right to appeal.

● Guest: Any non-student, non-faculty, or non-staﬀ member of the University of

West Georgia. In the case of Housing and Residence Life a person who does

not have an active housing contract for a speciﬁc university residence hall, suite,

apartment and village.

● Hearing Oﬃcer: Any person authorized by the University to process conduct

cases and administer a conduct resolution.

● Imminent Threat Assessment: Is a required assessment meeting with the Dean

of Students, Assistant Dean of Students or their designee to determining if the

student alleged conduct and surrounding circumstances reasonably indicate

that their continued presence or involvement at the university poses a serious

and immediate threat or danger to others or may prohibit equal access to the

university’s education programs and activities.

● Incapacitation: The physical and/or mental inability to make informed, rational

judgments. Incapacitation can result from mental disability, sleep or any state of

unconsciousness, involuntary physical restraint, status as a minor under the age

of 16, or from intentional or unintentional taking of alcohol and/or other drugs.

Whether someone is incapacitated is to be judged from the perspective of an

objectively reasonable person.

● Informal Conduct Hearing: When students are charged with a violation of the

Code of Student Conduct and the case is resolved by accepting the report as

written along with the outcome oﬀered by the Hearing Oﬃcer. These hearings

are not recorded and students are not permitted to bring or question witnesses.

By accepting the outcome, students waive their right to a formal hearing and

waive their right to an appeal.

● Interim Measures: The temporary suspension of a student's access to any one

or all of the following; campus, speciﬁc facilities, speciﬁc class or classes or the

implementation of a no contact directive with others during the investigation and

hearing process for an alleged violation.

● Investigation: A discussion with or review of all associated parties, documents,

statements, and reports completed by an investigator. A ﬁnal investigative

report will be provided at the conclusion of the investigation. All cases where

the outcome could result in a suspension or an expulsion must have a formal

investigation completed prior to the hearing process.

● Investigator: An individual assigned by the Student Conduct Coordinator, Title

IX Coordinator, Dean of Students or Assistant Dean of Students to review all

materials related to a speciﬁc case and meet with all appropriate parties related

to a speciﬁc incident.

● Matriculation: Begins the ﬁrst day of classes on the student’s ﬁrst semester of

enrollment and continues until a student graduates or withdraws permanently.

● Nonconsensual Sexual Contact: Any physical contact with another person of a

sexual nature without the person’s consent. It includes but is not limited to the

touching of a person’s intimate parts (i.e., genitalia, groin, breasts, or buttocks);

touching a person with one’s own intimate parts; or forcing a person to touch

the person’s own or another person’s intimate parts. This provision also includes

“fondling” as deﬁned by the Clery Act.

● Non Consensual Sexual Penetration: Any penetration of the vagina, anus, or

mouth by a penis, object, tongue, ﬁnger, or other body part; or contact between

the mouth of one person and the genitals or anus of another person. This

provision also includes “rape, incest, and statutory Rape” as deﬁned by the

Clery Act.

● Preponderance of Evidence: The standard of proof used in the University of

West Georgia’s student conduct process. In order for a student to be found

responsible for a violation, the evidence must indicate that it is more likely than

not that the violation occurred.

● Possession: Includes, but is not limited to, holding, no matter the duration, any

prohibited item in hand or having such items in one’s property, room, vehicle, or

other area and where the person owning or controlling the property, room,

vehicle, or other area knew or should have reasonably known the item was

present. Possession may also include drinking, ingesting, or introducing any

amount of prohibited substance into one’s body.

● Policy: The written regulations of the University as found in, but not limited to,

the Code of Student Conduct, University Housing Regulations, and

Graduate/Undergraduate Catalogs, and all oﬃcial publications of the University,

whether in print or published online.

● Privileged Employee: Individuals employed by the University to whom a

complainant or alleged victim may talk in conﬁdence, as provided by law.

Disclosure to these employees will not automatically trigger an investigation

against the complainant’s or alleged victim’s wishes. Privileged Employees

include those providing counseling, advocacy, health, mental health, or

sexual-assault related services (e.g., sexual assault resource centers, campus

health centers, pastoral counselors, and campus mental health centers) or as

otherwise provided by applicable law. Exceptions to conﬁdentiality exist where

the Conduct involves suspected abuse of a minor (in Georgia, under the age of

18) or otherwise provided by law, such as imminent threat of serious harm.

● Reasonable Person: An individual who is objectively reasonable under similar

circumstances and with similar identities to the person being evaluated by the

institution.

● Receipt: The date correspondence is sent to a Student’s University of West

Georgia’s email.

● Reporter: An individual who reports an allegation of conduct that may violate a

university policy but who is not a party to the complaint.

● Residence Hall: Any residential space or ground managed by University

Housing.

● Respondent: A student who has been referred to the Oﬃce of Community

Standards for a possible and/or alleged violation of the Student Code of

Conduct.

● Responsible Employees: Those employees who must promptly and fully report

complaints of or information regarding sexual misconduct to the Title IX

Coordinator. Responsible Employees include any administrator, supervisor,

faculty member, or other person in a position of authority who is not a

Conﬁdential Employee or Privileged Employee. Student employees who serve in

a supervisory, advisory, or managerial role are in a position of authority for

purposes of this Policy (e.g., teaching assistants, residential assistants, student

managers, orientation leaders).

● Sanction: Required educational and/or punitive actions imposed by the hearing

oﬃcer when a student is found responsible for a violation of the Student Code of

Conduct. Sanctions/action plans must be completed by a stipulated deadline.

● Sexual Exploitation: Taking non-consensual or abusive sexual advantage of

another for one’s own advantage or beneﬁt, or for the beneﬁt or advantage of

anyone other than the one being exploited. Examples of sexual exploitation may

include, but are not limited to, the following:

○ Invasion of sexual privacy;

○ Prostituting another individual;

○ Non-consensual photos, video, or audio of sexual activity;

○ Non-consensual distribution of photo, video, or audio of sexual activity,

even if the sexual activity or capturing of the activity was consensual;

○ Intentional observation of nonconsenting individuals who are partially

undressed, naked, or engaged in sexual acts;

○ Knowingly transmitting an STD or HIV to another individual through sexual

activity;

○ Intentionally and inappropriately exposing one’s breasts, buttocks, groin,

or genitals in non-consensual circumstances; and/or 8. Sexually-based

bullying.

● Sexual Harassment (i.e., student on student): Refers to unwelcome verbal,

nonverbal, or physical conduct based on sex (including gender stereotypes),

determined by a reasonable person to be so severe, pervasive, and objectively

oﬀensive that it eﬀectively denies a person equal access to participate in or to

beneﬁt from an institutional education program or activity in violation of Title IX.

● Sexual Harassment (other than student on student): unwelcome verbal,

nonverbal, or physical conduct, based on sex (including gender stereotypes),

that may be any of the following:

○ Implicitly or explicitly a term or condition of employment or status in a

course, program, or activity;

○ A basis for employment or educational decisions; or Is suﬃciently severe,

persistent, or pervasive to interfere with one’s work or educational

performance creating an intimidating, hostile, or oﬀensive work or

learning environment, or interfering with or limiting one’s ability to

participate in or to beneﬁt from an institutional program or activity.

○ The University System of Georgia (USG) and the University of West

Georgia also prohibit unwelcome conduct determined by a reasonable

person to be so severe, pervasive and objectively oﬀensive that it

eﬀectively denies a person equal access to a USG education program or

activity in violation of Title IX.

● Sexual Misconduct: Includes, but is not limited to, such unwanted behavior as

dating violence, domestic violence, nonconsensual sexual contact,

nonconsensual sexual penetration, sexual exploitation, sexual harassment and

stalking.

● Stalking: Engaging in a course of conduct directed at a speciﬁc person that

would cause a reasonable person to fear for the person’s safety or the safety of

others or suﬀer substantial emotional distress. Course of Conduct means two or

more acts, including, but not limited to, acts in which the stalker directly,

indirectly, or through third parties, by any action, method, device, or means,

follows, monitors, observes, surveils, threatens, or communicates to or about a

person, or interferes with person’s property.

● Student: an individual who has been accepted for admission to the University

and maintains a continuing relationship with the University by being enrolled in

classes or being eligible to 10 enroll in classes. Students also include but are not

limited to Dual enrolled, Ignite, and persons taking classes at any University of

West Georgia oﬀ campus site.

● Student Conduct Board: A peer-level hearing body which is comprised of and

chaired by students. The Student Conduct Board meets during the academic

year as needed and is responsible for hearing student conduct cases involving

alleged violations of the Student Code of Conduct. Cases involving sexual

misconduct are heard by a panel of faculty and staﬀ.

● Student Conduct Board Administrator: Oﬃce of Community Standards staﬀ

member responsible for guiding the Student Conduct Board through the hearing

process and following outlined Student Code of Conduct protocol to ensure a

consistent process.

● Student Conference: The procedure usually held prior to a formal

administrative or Student Conduct Board hearing where a student will be

informed of his or her rights and responsibilities moving forward.

● Student Conduct Record: The student’s disciplinary record kept on ﬁle within

the Oﬃce of Community Standards.

● Student Organization: Any number of persons who have complied with the

formal registration requirements for University recognition. This deﬁnition

includes but is not limited to any academic student groups and Greek lettered

student groups registered as an organization at the University of West Georgia.

● Title IX: Title IX is a federal civil rights law passed as part of the Education

Amendments of 1972. This law protects people from discrimination based on

sex in education programs or activities that receive Federal ﬁnancial assistance.

● University: An oﬃcially registered University aﬃliated group.

● University Event: Any event (i.e.,on-campus or oﬀ-campus) sponsored or

facilitated by the University, a student group, or an organization.

● University Oﬃcial: Any person assigned administrative, professional, or staﬀ

responsibilities for the University and any or all aﬃliated campuses.

● University Premises: All land, buildings, facilities and other property in the

possession of, owned, used or controlled by the university (including adjacent

streets and sidewalks). This includes oﬀ campus venues rented by the university

department or organizations.

● Written Notice: An oﬃcial university notice informing the student of any time of

conduct issue.

● Victim: Any person who has been directly impacted by behavior of a

Respondent, which violates or allegedly violates the Wolf Code.

Code of Conduct (Wolf Code)

Prohibited General Conduct

1.00 LOCAL, STATE, AND FEDERAL LAWS

Failure to abide by local, state, and federal laws.

2.00 ACADEMIC DISHONESTY

All forms of academic dishonesty, including, but not limited to cheating,

excessive collaboration, fabrication, plagiarism, and facilitating or allowing

academic dishonesty in any academic exercise. Refer to Academic Integrity

violations on page 21 for additional information.

3.00 DISRUPTIVE BEHAVIOR

● 3.01 Interfering with normal University sponsored activities, including, but not

limited to, studying, teaching, research, campus events, University

administration, student conduct proceeding, or public service activity, police, or

emergency services.

● 3.02 Classroom disruptions: Any classroom behavior that interferes with the

instructor's ability to conduct class or the ability of other students to learn.

Examples of disruption include, but are not limited to, the following: allowing

personal electronic communication devices to ring, beep, or vibrate, making or

receiving phone calls or pages, or engaging in conduct that causes or provokes

a disturbance that disrupts academic pursuits, or infringes upon the rights of

others. Instructors may also include in their syllabus speciﬁc behaviors they

consider to be inappropriate for a particular course.)

● 3.03 Other prohibited behaviors include, but are not limited to, obstructing the

free movement of others, interfering with the use of University facilities, the

abuse or unauthorized use of sound ampliﬁcation equipment, and interfering

with the freedom of expression or educational pursuits of others.

4.00 DISORDERLY CONDUCT

● 4.01 Physical violence/endangerment of any person or persons.

● 4.02 Harassment or threat of harm, whether physical, verbal, oral, or written that

is beyond the bounds of protected speech, directed at a speciﬁc individual(s),

and is so severe, pervasive, and objectively oﬀensive that it denies or limits an

individual's ability to work, or to participate in or beneﬁt from an educational

program or activity. See the University policy governing Electronic

Communication and Sexual Misconduct in Rights and Regulations.

● 4.03 Interfering with or failing to cooperate with any properly identiﬁed University

oﬃcial(s).

● 4.04 Failure to comply with the request of a University oﬃcer acting within the

scope of their responsibility.

● 4.05 Retaliation in any form against someone who exercises their right to make a

complaint, or against any individual who provides information related to any

such complaint.

● 4.06 Engaging in obscene or indecent conduct that is beyond the bounds of

freedom of expression and damages, befouls, or disturbs public property or the

property of another so as to create a hazardous, unhealthy, or physically

oﬀensive condition.

● 4.07 Entering or attempting to enter any event, sponsored or supervised by the

University, without credentials for admission; for example, a ticket, identiﬁcation

card, invitation, or any reasonable qualiﬁcations established for attendance.ny

reasonable qualiﬁcations established.

5.0 WEAPONS

● 5.01 Violation of the University System of Georgia’s BOR policy 6.11 for

weapons.

6.00 HAZING

Hazing is an act of explicit or implicit conditions for initiation, admission,

aﬃliation, or continued membership into a sport, organization, or group regardless of

the person’s consent to participate in the activity. Hazing could be seen by a

reasonable person as endangering the physical health and/or causing mental distress

of an individual. Examples include but are not limited to humiliation, intimidation, or

demeaning treatment. Other aspects of hazing include (1) destroying or removing

public or private property, (2) consumption of alcohol, drugs, or other substances to

excess, or (3) violates any State Law and/or University policy. This includes, but is not

limited to any situation which:

● 6.01 Creates a risk of injury to any individual or group

● 6.02 Causes discomfort to any individual or group

● 6.03 Causes embarrassment to any individual or group

● 6.04 Involves harassment of any individual or group

● 6.05 Involves degradation of any individual or group

● 6.06 Involves humiliation of an individual or group

● 6.07 Involves ridicule of an individual or group

● 6.08 Involves or includes the willful destruction or removal of public or private

property for the purpose of initiation or admission into, aﬃliation with, or as a

condition for continued membership in an organization

7.00 ALCOHOL MISUSE

● 7.01 Consumption, possession, being in the presence of, or transportation of

alcoholic beverages by any student under legal age.

● 7.02 Consumption or possession of alcoholic beverages on University premises

or at University sponsored activities, except in rooms occupied by students of

legal age in residence halls, not designated as substance-free, or when

authorized at social functions in designated areas.

● 7.03 Furnishing alcoholic beverages to any person under legal age.

● 7.04 Open display of alcoholic beverages on campus other than in approved

areas during authorized functions.

● 7.05 Being in an intoxicated condition as manifested by disorderly, obscene, or

indecent conduct or appearance.

● 7.06 Driving under the inﬂuence of alcohol.

● 7.07 Concealment of alcoholic beverages for the purpose of bringing them into a

University sponsored activity or facility where alcohol is not permitted.

● 7.08 Violation of the University’s Alcohol Use Policy or Tailgating Policy (located

in the Student Handbook).

8.00 DRUG MISUSE

● 8.01 Activity or conduct involving drugs that is in violation of local, state, or

federal law. This behavior includes, but is not limited to, manufacture,

cultivation, distribution, sale, and/or other misuse of any controlled or illegal

substance. Controlled substances include prescription medications.

● 8.02 Activity or conduct involving drugs that is in violation of local, state, or

federal law. This behavior includes, but is not limited to purchase, possession,

and/or other misuse of any controlled or illegal substance. Controlled

substances include prescription medications.

● 8.03 Possession of drug paraphernalia. Drug paraphernalia includes, but is not

limited to, any legitimate object constructed or modiﬁed for the purpose of

making, using, or concealing any illegal drug or controlled substance illicitly.

Controlled substances include prescription medications.

● 8.04 Being in the presence of any activity involving drugs that is in violation of

local, state, or federal law. This includes, but is not limited to, manufacture,

cultivation, distribution, sale, purchase, possession and/or other misuse of any

controlled or illegal substance. Controlled substances include prescription

medications.

9.00 FIRE AND OTHER EMERGENCIES

● 9.01 Intentionally setting, or causing to be set, any unauthorized ﬁre on

University premises or at University sponsored activities.

● 9.02 Intentionally initiating, or causing to be initiated, any false report or warning

of ﬁre, explosion, or other emergency on University premises or at University

sponsored activities.

See the University policy governing advertising, solicitation, and selling in University

Communications and Marketing.

21.00 INSTITUTIONAL PROCEDURE MISCONDUCT

● 21.01 Failure to pay fees, charges, and ﬁnes within the speciﬁed time.

● 21.02 Failure to maintain one's current local address with the Registrar.

● 21.03 Failure to respond to, and cooperate with, University oﬃcials in the

carrying out of the conduct process.

● 21.04 Violating the terms of any sanction imposed in accordance with this code.

● 21.05 Failure to report for any conference, meeting, or appointment when

required to do so by any University oﬃcial acting in the performance of their

duties.

● 21.06 Failure to comply with interim suspension measures.

22.00 MOTOR VEHICLE MISUSE

Violation of campus motor vehicle regulations and the traﬃc code published by

Parking and Transportation Services

(https://www.westga.edu/campus-life/parking/index.php).

23.00 OTHER PUBLISHED UNIVERSITY REGULATIONS

Policies and regulations of various divisions of the university are provided to

foster a safe campus community. These include, but are not limited to, the University

policy prohibiting sexual misconduct and discrimination, as well as policies

administered by the Center for Student Involvement and Inclusion, Information

Technology Services, or other University entities regarding the use of University

facilities, vehicles and ampliﬁcation equipment, as well as campus demonstrations.

● 23.01 Violation of Student Aﬀairs policies

(http://www.westga.edu/vpsa/index.php)

● 23.02 Violation of Information Technology Services (ITS) policies.

(http://www.westga.edu/its/)

● 23.03 Violation of Center for Student Involvement and Inclusion policies.

● 23.04 Violation of Campus Center policies

(http://www.westga.edu/urec/index.php)

● 23.05 Violation of Housing and Residence Life policies (including Housing and

Greek Village regulations). (www.westga.edu/housing).

● 23.06 Violation of University of West Georgia Sexual Misconduct Policies.

● 23.07 Violation of other published University policies not speciﬁcally named

above.

24.00 JOINT RESPONSIBILITY FOR MISCONDUCT

● 24.01 Encouraging others, conspiring with, or cooperating with others, in the

violation of University rules or regulations.

● 24.02 Acting in concert or passive participation to violate University conduct

regulations.

● 24.03 Allowing, condoning, permitting, or providing opportunity for a guest to

violate University conduct regulations.

25.00 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.

26.00 PARKING LOT GATE ARM

The automatic parking lot gate arms are to enact safety and security of the

individuals utilizing these locations. The removal, damage, or temporary/permanent

alteration to the parking lot gate arm(s) are prohibited. Payment for restoration or

replacement of the parking lot gate arm(s) is the responsibility of the individual(s) who

misuse the gate arm. There is a $250 ﬁne for misuse of the parking lot gate arm(s).

Procedures for Resolving General Conduct

Overview

In the following section, the Oﬃce of Community Standards has outlined the

workﬂow for responding and resolving Code of Conduct complaints.

1. Reporting Student Conduct

a. Where to Report. Student or student organization violations of the Code

of Conduct can be reported online through the Student Conduct

Incident Report Form. Where appropriate, complainants may ﬁle a law

enforcement report along with an institutional report, however they are

not required to ﬁle both.

b. What to include in the Report. Complaints or reports should include as

much information as possible, including, but not limited to: 1) the type of

misconduct alleged; (2) the name and contact information of the persons

involved; (3) the date(s), time(s), and place(s) of the misconduct; (4) the

name(s) and contact information of any individual(s) with knowledge of

the incident; (5) whether any tangible evidence has been preserved; and

(6) whether a criminal complaint has been made.

c. Conﬁdentiality. The institution will consider requests by Complainants

that their identity be withheld or the allegation(s) not be investigated.

Conﬁdentiality cannot be guaranteed and the university must remain

compliant with federal law, Jeanne Clery Disclosure of Campus Security

Policy and Campus Crime Statistics Act (“Clery Act”) by reporting

information and/or statistical data. Further, not pursuing a reported

violation, may limit the University’s ability to respond fully to the incident

and may limit the ability to discipline the respondent.

d. Retaliation. Anyone who, in good faith, reports what they believe to be

student misconduct, participates or cooperates in, or is otherwise

associated with any investigation, shall not be subjected to retaliation.

Anyone who believes that they have been the target of retaliation for

reporting, participating or cooperating in, or otherwise being associated

with an investigation should immediately contact the Oﬃce of Community

Standards or University Police. Any person found to have engaged in

retaliation in violation of the student code of conduct shall be subject to

disciplinary action.

e. False Complaints/Statements. Individuals are prohibited from

intentionally giving false statements to an institution oﬃcial. Any person

found to have intentionally submitted false complaints, accusations, or

statements, including during a hearing, in violation of this Policy shall be

subject to appropriate disciplinary action (up to and including suspension

or expulsion) and adjudicated under the student conduct policy.

f. Amnesty. Students are encouraged to come forward and report violations

of the law and/or student code of conduct notwithstanding their own

improper use of alcohol or drugs. Any student(s) who voluntarily and in

good faith reports information to college or university faculty or staﬀ prior

to any investigation concerning use of drugs or alcohol will not be

voluntarily reported to law enforcement; nor will information that the

individual provides be used against the individual for purposes of conduct

violations. Nevertheless, these students may be required to meet with

staﬀ members in regard to the incident and may be required to participate

in appropriate educational program(s). The required participation in an

educational program under this amnesty procedure will not be considered

a sanction. Nothing in this amnesty procedure shall prevent a university

staﬀ member who is otherwise obligated by law (the Clery Act) to report

information or statistical data as required.

g. Communication.Students are expected to check their University email

regularly. Email is the primary means of any written communication from

University oﬃcials. Therefore, the Oﬃce of Community Standards will

convey notice of charges and student conduct appointments through

email.

2. Initial Evaluation of Student Conduct Reports

The university will ensure a prompt, fair, and impartial review and resolution of

reported student misconduct. Reports of student misconduct will be reviewed by the

university to determine whether the allegations describe conduct in violation of the

Code or other policies and, if so, whether charges against the Respondent should be

brought. If the University makes a determination that the reported behavior is a

violation of the code or other policies, then a case is created for the student(s) and/or

student organization(s) listed in said report. Once a case is created, a letter including

the potential charges will be sent to the student’s institution email. Reports of conduct

that would not be in violation of the Code or other policies, even if true, will be

dismissed.

Any report that involves allegations of conduct that could lead to the suspension

or expulsion of the respondent(s) will be reported by the university to the System

Director of Equity & Investigations (“System Director”). If an allegation is not initially

identiﬁed as one that could lead to suspension or expulsion of the Respondent(s), but

facts arise during the course of the investigation that would require notice to the

“System Director,” then the university shall report that case to the System Director of

their designee prior to proceeding.

3. Interim Measures

Interim measures may be imposed when a student and/or student organization

is accused of a serious violation of a University of West Georgia regulation or of a local,

state, or federal law or regulation, to maintain safety of the individual and UWG

campus. To the extent interim measures are imposed, they should minimize the burden

on both the complainant and the respondent, where feasible. Interim measures may

include, but are not limited to:

a. Change of housing assignment

b. Issuance of a “no contact” directive

c. Restrictions or bars to entering certain institution property

d. Changes to academic or employment arrangements, schedules, or

supervision

e. Interim suspension

f. Other measures designed to promote the safety and well-being of the

parties and the institution’s community

Interim suspension is the most signiﬁcant interim measure that may be imposed

and only implemented when necessary to maintain safety and when the Respondent

poses a serious and immediate danger or threat to persons or property. When the

institution has determined that the interim assessment is warranted, they will consider

the existence of a signiﬁcant risk to the health or safety of the campus community; the

nature, duration, and severity of the risk; the probability of potential injury; and whether

less restrictive means can be used to signiﬁcantly mitigate the risk. The terms of an

interim suspension take eﬀect immediately.

The interim measure procedures are as follows:

1. Notice of Interim Measures. The Student will be sent written notice of

the interim measures and the reasons for the interim measures. Before an

interim suspension is issued, all reasonable eﬀorts will be made to

provide the accused student with an opportunity to be heard on whether

their presence on campus poses a danger. If an interim suspension is

issued, the terms of the suspension shall take eﬀect immediately and will

remain in eﬀect until the General Conduct process has been concluded

(by dismissal of the report or ﬁnal decision on Code charges) or until the

Dean of Students determines that the interim measures are no longer

warranted, whichever comes ﬁrst.

2. Student Response. Upon receipt of the written interim measure

notiﬁcation, the student, (the respondent) shall have ﬁve(5) business days

to respond to the reasons given by the university for having imposed the

interim measures, and to show that interim measures are not necessary to

protect a student or other member of the USG community. In the case of

interim suspension, the student must show that they do not pose an

immediate danger or threat to the safety and well-being of the University

community.

3. Determination. The university will determine whether the interim

measures should continue within ﬁve (5) business days of receiving a

response from the Respondent.

4. Due Process

Students or student organizations referred for misconduct are provided with due

process (i.e., notice and right to be heard) through procedures designed to result in fair,

meaningful and just decisions.

a. Standard of Proof. The preponderance of evidence standard will be used

for decisions in each conduct case. The focus of inquiry in student

conduct proceedings shall be whether or not the charged student is

responsible for violating the Student Code of Conduct. Preponderance of

evidence includes a review of all facts, evidence, information, and

statements relevant to the case. These are evaluated with consideration

of what more likely happened than not. In summary, preponderance of

evidence occurs when the evidence or information presented would lead

a reasonable person to conclude that it is more likely than not that the act

in question did occur. In cases where expulsion or suspension are

proposed sanctions, the decision must be supported by substantial

evidence and have a formal investigation with a written report submitted

prior to resolution. Student conduct hearings are not legal proceedings,

and formal rules of evidence do not apply.

b. Access to Advisors. All parties participating in conduct proceedings,

including witnesses, may be accompanied by an advisor at the party’s

own expense, pursuant to the provisions of this policy. The role of an

advisor is three-fold:

i. Provide moral support to the student;

ii. Suggest points for the student to address throughout the conduct

process; and

iii. Assist the student in formulating questions for all of the parties in a

hearing, including witnesses.

A student may choose anyone to be their advisor, including family, staﬀ, faculty,

or an attorney, so long as the advisor is not a current University of West Georgia

student who is a complainant or respondent in a pending conduct proceeding.

Students are allowed advisors at all steps of the process, not just in a conduct

hearing. The student is responsible for contacting their advisor and informing the

advisor of all meeting dates, times and locations.

The advisor may not address the conduct oﬃcer or panel or otherwise speak on

behalf of the student (i.e. the advisor does not represent the student in their case). The

advisor is to speak directly to the student in a quiet manner to suggest questions or

points to vocalize. If after repeated attempts to have an advisor follow these standards,

the hearing oﬃcer has the right to ask the advisor to leave the meeting or hearing.

5. Investigations

Misconduct violations that could result in the suspension or expulsion of a

student will have a formal investigation including a written report of information and

documents collected, the narratives of all parties interviewed, the recommended case

outcome based on the preponderance of evidence and recommended sanctions. If an

investigation does not ﬁnd preponderance of evidence for a violation the case shall be

dismissed.

Parties to an investigation and resolution proceeding shall receive written notice

of the alleged misconduct, shall be provided an opportunity to respond, and shall be

allowed to remain silent or otherwise not participate in or during the investigation and

resolution process without it resulting in an adverse inference. If a party chooses not to

remain silent or otherwise not participate in an investigation, the investigation may still

proceed and policy charges may still result and be resolved. Timely and equal access

to information that will be used during the investigation will be provided to the

respondent (and complainant if one is involved).

6. Process for Review of Non-Suspension/Non-Expulsion Cases

When the University receives a report that does not rise to suspension and/or

expulsion level, whether that be a UWG Cares Incident Report, University Police

Report, or a report from any law enforcement agency, the conduct procedures is as

follows:

1. Case Created. A case may be created for the student(s) and/or student

organization(s) listed in said report.

2. Student Notiﬁcation. Once a case is created, a letter will be sent to the

student’s institution email. This letter will include a notiﬁcation of potential

charges, and will schedule a student conference between the student and

their case manager.

3. Case Review. At the student conference, a member of the Oﬃce of

Community Standards will review the alleged behavior, the details of the

incident, and the University’s procedures for reviewing and settling

conduct cases. During this meeting a student will be oﬀered the

opportunity to resolve the matter in one of the following ways:

a. Student Chooses Option 1. Informal Resolution. The student has

the right to accept the report as written and proceed to an Informal

Resolution; or

b. Student Chooses Option 2. Formal Hearing. The student has the

right to ﬁnd fault with the report or any part of the report and

request a Formal Hearing conducted by a Single Administrator or

Student Conduct Board.

4. Conduct Decision and Sanctions.

a. Informal Resolution: if a student chooses an informal resolution

they accept responsibility based on the report as written.

Sanctions will be determined by the hearing oﬃcer.

b. Formal Hearing by Single Administrator: responsibility is

determined by the preponderance of evidence standard, sanctions

are determined by the administrator. Administrator will share the

outcome and potential sanctions in writing with the student(s).

c. Formal Hearing by Student Conduct Board: responsibility is

determined by a majority vote of the student conduct board, and is

based on the preponderance of evidence standard. Findings and

recommended sanctions are shared by the Board Chair with the

Hearing Oﬃcer. The Hearing Oﬃcer will notify the student in

writing of the case outcome and any potential sanctions.

5. Student Appeal. If a student wishes to appeal the decision which results

from a Formal Hearing, the student should submit an appeal form to the

Assistant Dean of Students. The form must be completed within ﬁve (5)

business days from the date the outcome letter was sent. The Assistant

Dean of Students or their designee will then have ﬁve (5) business days to

respond to the student regarding the appeal.

7. Process for Review of Suspension and Expulsion Cases

When OCS receives a report where the alleged behavior is egregious enough

that the outcome of the case could result in a suspension or an expulsion if the student

is found to be responsible, the process is as a follows:

1. Formal Investigation. A formal investigation requires meeting with all

involved parties and a written report to include all interviewee statements,

a conclusion based on the preponderance of evidence standard and

recommended sanctions. An investigation must be completed by a 3rd

party and not by the oﬃcer hearing the case. The respondent and

complainant (where applicable) may be accompanied by an Advisor

throughout the student conduct process. If at any point the investigator

determines there is insuﬃcient evidence to support a charge or to warrant

further consideration of discipline, then the complaint should be

dismissed and the case will be closed.

The alleged respondent shall be provided with written notice of the

complaint/allegations, pending investigation, possible charges, potential

sanctions, and available support services. The notice will also include the

identity of any investigator(s) involved. Notice will be provided via UWG

email to the address on ﬁle. Where applicable, a copy shall also be

provided to the alleged complaint via the same means.

Upon receipt of the written notice, the respondent and complainant

(where applicable) shall have at least ﬁve (5) business days to respond in

writing. In that response, the respondent shall have the right to admit or

to deny the allegations and to set forth a defense with facts, witnesses,

and supporting materials. A non-response will be considered a general

denial of the alleged misconduct.

An investigator shall conduct a thorough investigation and should retain

written notes and/or obtain written or recorded statements from each

interview. The investigator shall also keep a record of any party’s

proﬀered witness(es) not interviewed, along with a brief, written

explanation of why the witness(es) were not interviewed.

The initial investigation report shall be provided to the respondent and the

alleged complainant (where applicable). This report should clearly indicate

any resulting charges (or alternatively, a determination of no charges), as

well as the facts and evidence in support thereof, witness statements,

and possible sanctions. For purposes of this Policy, a charge is not a

ﬁnding of responsibility, but indicates that there is suﬃcient evidence to

warrant further consideration and adjudication.

Based upon responses of the Respondent and Complainant (where

applicable), the investigator may conduct a further investigation and

update the investigative report.

The ﬁnal investigation report should be provided to the manager of the

case. A copy shall also be provided to the respondent and

complainant(where applicable).

2. Pre-Hearing Conference. After the written report has been shared with

the respondent(s), then a pre-hearing conference should be scheduled.

The respondent(s) shall have ﬁve(5) business days to review the

investigative report prior to a pre-hearing conference.

3. Student Selects Informal Resolution and/or Formal Hearing. A

student has the right to choose an informal resolution if they are in

agreement with the investigative report and accept responsibility of the

charges. If a student cannot agree with any part of the investigative

report then the matter shall be moved to a Formal Hearing Process. For

the formal hearing process, the student may choose a single

administrator or student conduct board to hear their case.

4. Student Appeal. If a student wishes to appeal the formal hearing

decision, they should submit an appeal form to the Vice President for

Student Aﬀairs (VPSA). The form must be completed within ﬁve (5)

business days from the date the outcome letter was sent. The VPSA or

their designee will then have ﬁve (5) business days to respond to the

student regarding the appeal.

Please see Board of Regents Policy 4.6.5.

8. Formal Hearing Process

Student(s) or student organization(s) who select to not have their pending

conduct matter resolved through an informal process (where applicable) will be

aﬀorded a formal hearing with an administrative hearing oﬃcer or the Student Conduct

Board. All cases involving charges of sexual misconduct that go to a hearing shall heard

by Sexual Misconduct Hearing Panel of staﬀ and/or faculty.

Disciplinary hearings at the University of West Georgia are hearings to arrive at

corrective recommendations regarding alleged student misconduct. These

recommendations aﬀect the student or student organization's relationship with the

University. The administration of student conduct is viewed as an educational process

NOT a criminal or civil trial proceeding.

In cases that require a written investigative report to be completed, no hearing to

resolve charge(s) of student misconduct will take place before the investigative report

has been ﬁnalized or before the respondent has had an opportunity to respond in

writing. Further, unrelated charges and/or cases shall be heard separately unless the

respondent voluntarily consents to the charges/cases being heard jointly.

Where the respondent indicates that they contest the charges, and once the

investigative report has been ﬁnalized and copies provided to the respondent (and

complainant where applicable), the case shall be set for hearing.

The following standards will apply to Formal Hearings.

a. Notice of the date, time, and location of the hearing shall be provided to

the respondent, complainant, and alleged victim (where applicable) at

least ﬁve (5) business days prior to the hearing. Notice shall be provided

via institution email where applicable. After proper notiﬁcation is given, if

the respondent, complainant, or alleged victim do not appear at the

hearing, the hearing can proceed in their absence.

b. All hearings regarding charges against individual students and/or student

organizations will be closed in accordance with FERPA to maintain the

conﬁdentiality of student education records.

c. A student may choose to have their Disciplinary hearings presided over

by a Hearing Oﬃcer or Conduct Board. The UWG Conduct Board is

made up of a Conduct Board Chair and at least two Conduct Board

members. During a Conduct Board hearing, the Hearing Oﬃcer takes on

the role of University Representative along with the addition of a Student

Conduct Board advisor.

d. The hearing oﬃcer or conduct board chair may exclude any person from

the disciplinary hearing who materially interferes with the disciplinary

hearing proceedings. Any disruptions of a disciplinary hearing can result

in disciplinary action being taken against the student and/or student

organization involved in the disruption. The hearing oﬃcer makes such a

determination with input of the conduct oﬃcer, and when that

determination is made those causing the disruption will be asked to leave

the hearing and its premises immediately. If they do not voluntarily leave,

the University Police will be contacted to escort them oﬀ the premises.

e. The respondent and complainant, as parties to these proceedings, shall

have the right to use an advisor (including an attorney) of their choosing,

and at their own expense, for the express purpose of providing advice

and counsel. The advisor may be present during meetings and

proceedings during the investigatory and/or resolution process at which

their advisee is present. The advisor may advise their advisee in any

manner, including providing questions, suggestions, and guidance on

responses to any questions of the advisee, but shall not participate

directly in the hearing. The University shall not prohibit support persons of

a party from attending if the party requests such attendance, but may

limit the number of support persons for each participant.

f. The respondent shall have the right to present witnesses and evidence to

the hearing oﬃcer or conduct board. Witness testimony, if provided, shall

pertain to knowledge and facts directly associated with the case being

heard. Both parties shall have the right to question any witnesses,

including the other party, by submitting written questions to the hearing

oﬃcer for consideration. Advisors may actively assist in drafting

questions. The hearing oﬃcer or conduct board chair shall ask the

questions as written and will limit questions only if they are unrelated to

determining the veracity of the charge leveled against the respondent(s).

In any event, the hearing oﬃcer or conduct board chair shall err on the

side of asking all submitted questions and must document the reason for

not asking any particular questions.

g. Where the hearing oﬃcer or conduct board determines that a party or

witness is unavailable and unable to be present due to extenuating

circumstances, the hearing oﬃcer or conduct board may establish special

procedures for providing testimony from a separate location. In doing so,

the hearing oﬃcer or panel must determine whether there is a valid basis

for the unavailability, ensure proper sequestration in a manner that

ensures testimony has not been tainted, and decide that such an

arrangement will not unfairly disadvantage any party. Should it be

reasonably believed that a party or witness who is not physically present

has presented tainted testimony, the hearing oﬃcer or conduct board will

disregard or discount the testimony. In sexual misconduct cases, the

hearing oﬃcer reserves the right to allow a party to testify in a separate

room, so long as no party is unfairly disadvantaged by this procedure. A

party must still give testimony in the presence of the Board, and the

opposing party must have the opportunity to view the testimony remotely

and to submit follow-up questions.

h. Formal civil rules of evidence do not apply to the investigatory or

resolution process. The standard of review shall be a preponderance of

the evidence; the hearing oﬃcer or conduct board will determine based

on the evidence presented at the hearing, whether it is more likely than

not that the violation in question did occur. However, any decision to

suspend or to expel a student must also be supported by substantial

evidence at the hearing.

i. Documentation of the proceedings, which may include written ﬁndings of

fact, transcripts, audio recordings and/or video recordings, will be on ﬁle

in the Oﬃce of Community Standards in accordance with USG records

retention policy.

j. Following a hearing, both the respondent and complainant (where

applicable) shall be simultaneously provided a written decision via

institution email of the outcome and any resulting sanctions. The decision

should include details on how to appeal. Additionally, the written decision

must summarize the evidence in support of the sanction. The same

information will be provided, regardless of whether the student opts for a

conduct board or an administrative hearing.

Sanction/Action Plan Options

Sanction/action plans are required educational or punitive actions imposed by

the hearing oﬃcer when a student and/or student organization is found responsible for

a violation of the Student Code of Conduct. Sanctions/ action plans must be

completed by a stipulated deadline.

Sanctions violations of the Wolf Code may include but are not limited to:

a. Restitution: The student is required to make payment to the University, other

persons, or groups for damages incurred as a result of a violation of this code.

b. Written Warning: Notice to the student that further misconduct may result in

more severe action.

c. Educational Activities: Attendance at educational programs, interviews with

appropriate oﬃcials, written research assignments, planning and implementing

educational programs, or other educational activities.

d. Conduct Probation: Notice to the student that any further violations of

University rules and regulations will likely result in suspension. Probation may

also include the setting of restrictions on participation in University activities or

entry into certain University facilities.

e. Removal from University Housing: The student is not permitted to live in

University housing, usually for the duration of his or her matriculation.

f. Forced Withdrawal: Withdrawal without credit from an academic course. This

could also include a required change in the course section.

g. Suspension: Separation of the student from the University for a speciﬁed period

of time. The student shall not participate in any University sponsored activity

and is restricted from University premises for the time period. There may be

conditions that need to be met during the suspension and/or prior to

reenrollment.

h. Deferred Suspension: Suspension held in abeyance provided the student

completes other sanctions including, but not limited to, community service and

review meetings. Failure to abide by the terms of a deferred suspension will

most likely result in immediate suspension. New violations where the respondent

is found responsible can also result in immediate suspension.

i. Expulsion: Permanent separation of the student from the University. The student

will be restricted from University premises.

j. Community Service: The student must complete a speciﬁed number of service

hours with a reputable oﬀ campus organization, on campus department, or

organization.

k. Other: Other sanctions or action steps may be imposed instead of, or in

addition to, those speciﬁed above.

i. Drug and/or alcohol screenings.

ii. Restrictions upon driving privileges for violations involving the use or

registration of motor vehicles.

iii. Restrictions from certain locations on campus and/or University

sponsored activities.

iv. No contact with speciﬁed members of the University community.

Appeal Procedure

Appeals may be made in any case where sanctions are issued, even when such

sanctions are held “in abeyance,” such as deferred suspension or expulsion. The

appeal must be made in writing, and must set forth one or more of the bases outlined

below, and must be submitted within ﬁve (5) business days of the date of the ﬁnal

written decision. The appeal should be made to the Vice President for Student Aﬀairs

or their designee by way of the Oﬃce of Community Standards Appeals Form.

An appeal can be submitted based on the following grounds:

a. Procedural Error: to allege procedural error(s) within the hearing process that

may have substantially impacted the fairness of the hearing, including but not

limited to whether any hearing questions were improperly excluded or whether

the decision was tainted by bias.

b. Finding inconsistent with the weight of information: a decision or sanction was

issued that is inconsistent with the weight of the information presented in the

hearing.

c. New Information: to consider new information, suﬃcient to alter the decision, or

other relevant facts not brought out in the original hearing, because such

information was not known or knowable to the person appealing during the time

of the hearing.

The appeal shall be a review of the record only, and no new meetings with the

respondent or any alleged victim is required. The possible outcome regarding appeals

at any stage are:

a. Aﬃrm the original ﬁnding(s) and sanction(s)

b. Aﬃrm the original ﬁnding(s), but issue a new sanction(s)

c. Remand the case back to the decision-maker to correct a procedural or factual

defect

d. Reverse or dismiss the case if there was a procedural or factual defect that

cannot be remedied by remand

The ﬁrst level of appeal for cases involving suspension or expulsion, shall be

reviewed by the Vice President of Student Aﬀairs or designee. The Vice President or

designee shall then issue a decision in writing to the respondent and/or alleged victim

(where applicable) within a reasonable time period. In cases where sanctions do not

rise to a sanction of suspension or expulsion the appeal is heard by the Assistant Dean

of Students.

The decision of the Vice President of Student Aﬀairs or designee may be

appealed in writing within ﬁve (5) business days (as determined by the date of the

decision letter) to the President of the institution solely on the three grounds set forth

above. The President’s decision shall be simultaneously issued in writing to the

complainant, the respondent and the alleged victim (where applicable) within a

reasonable time period. The President’s decision shall be the ﬁnal decision of the

institution.

Should the respondent or complainant (where applicable) wish to appeal the

President’s decision, they may request review by the Board of Regents in accordance

with the Board of Regents’ Policy 8.6 on Discretionary Review.

Appeals for violations of the University System of Georgia and the University of

West Georgia Sexual Misconduct Policy can be ﬁled by either the respondent or the

complainant in a case. Students who have accepted an Informal Resolution are not

eligible for an appeal.

Student Withdrawals During the Conduct Process

A student who withdraws from the University does not absolve themselves from

student conduct responsibility. Students who withdraw before their case is closed will

have their cases adjudicated according to hearing procedures established by the Oﬃce

of Community Standards.

Additional policies concerning the conduct of student organizations shall be

addressed according to procedures published by the Center for Student Involvement

and Inclusion and distributed annually to all registered student organizations.

Parental or Guardian Notiﬁcation

If possible, students are expected to notify their parents or guardians of their

involvement in the student conduct process. University oﬃcials will assume, unless

notiﬁed otherwise, that the student is a dependent according to the Internal Revenue

Code of 1954, Section 152, and may, at their discretion, notify the student’s parents or

guardian of the conduct case. The University may reach out to parents/guardians in

cases regarding drugs and/or alcohol with underage students. Students have the right

to engage their parent in a hearing as an advisor or a support person.

Student Code of Conduct Record of Retention

Per University System of Georgia Board of Regents requirements, student

conduct records are retained for ﬁve (5) years after graduation or last date of

attendance. Records for students who are expelled and student organization records

are retained indeﬁnitely.

Currently enrolled students with pending conduct cases who wish to obtain a

copy of information or evidence contained in their conduct record must complete a

request form, and allow three business days for processing.

Wolf Code of Review

The Wolf Code will be reviewed at least every two years, but may be updated at

any time to reﬂect the needs of the students and/or the University. The most current

version will be kept on the University of West Georgia’s website.

Sexual Misconduct

Violations of Sexual Misconduct

Title IX of the Education Amendments of 1972 (20 U.S.C.§§ 1681 et seq.) is a

federal law that prohibits sex discrimination. The law reads in part: "No person in the

United States shall, on the basis of sex, be excluded from participation in, be denied

the beneﬁts of, or be subjected to discrimination under any education program or

activity receiving Federal Financial assistance." -34 C.F.R. Part 106

At the University of West Georgia, the term "sexual misconduct" includes, but is not

limited to, such unwanted behavior as dating violence, domestic violence,

nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation,

sexual harassment and stalking. Additional information is available on the Title IX &

Equal Opportunity Website.

UWG Sexual Misconduct Policy

The University of West Georgia is committed to providing a positive and

rewarding educational experience and a safe campus environment which

acknowledges the dignity and worth of every individual. The purpose of this policy is to

prohibit any form of sexual misconduct by or against any campus constituent and to

ensure that every report of sexual misconduct is taken seriously and that prompt and

appropriate action is taken.

The University will follow the Board of Regents Sexual Misconduct Policy 6.7 as

well as the Board of Regents Policy Standards for Institutional Student Conduct

Investigation and Disciplinary Proceedings 4.6.5 for all allegations involving student

sexual misconduct. All allegations of discrimination and harassment involving

employees, students, or third party respondents based on protected categories, not

covered by the Board of Regents Student Sexual Misconduct Policy, will be handled by

the UWG Non-Discrimination & Anti-Harassment (NDAH) Policy.

Process for Resolving Title IX and Non Title IX Sexual Misconduct

Initial Evaluation of Sexual Misconduct Reports: Upon notice of the alleged

sexual misconduct the Title IX Coordinator (“Coordinator”) will assess whether a formal

investigation, informal resolution, or dismissal would be appropriate. In making this

determination, the Coordinator will assess whether the allegation(s), if true, would rise

to the level of prohibited conduct, whether a Formal Complaint must be ﬁled, whether

an investigation is appropriate in light of the circumstances, whether the parties prefer

an informal resolution, and whether any safety concerns exist for the campus

community. The need to issue a broader warning to the community in compliance with

the Clery Act shall be assessed in compliance with federal law.

Supportive Services

Once the Title IX Coordinator has received information regarding an allegation of

Sexual Misconduct, the parties will be provided written information about support

services. Support services are non-disciplinary, non-punitive individualized services

oﬀered as appropriate, as reasonably available, and without charge that are made

available to the Complainant and Respondent before or after the ﬁling of a complaint or

where no complaint has been ﬁled. Support services include counseling, advocacy,

housing assistance, academic support, disability services, health and mental services,

and other services.

Interim Measures

Interim measures, including interim suspension, may be imposed when a

student and/or student organization is accused of a serious violation of a University of

West Georgia regulation or of a local, state, or federal law or regulation, when it is

necessary to maintain safety, and when the accused party poses a serious and

immediate danger or threat to persons or property. Interim suspensions, that is,

suspensions while the investigation and adjudication process are proceeding, should

only occur when necessary to maintain safety and should be limited to those situations

where the respondent poses a serious and immediate danger or threat to persons or

property. In making such an assessment, the institution will consider the existence of a

signiﬁcant risk to the health or safety of the campus community; the nature, duration,

and severity of the risk; the probability of potential injury; and whether less restrictive

means can be used to signiﬁcantly mitigate the risk. To the extent interim measures are

imposed, they should minimize the burden on both the alleged victim (where

applicable) and the respondent, where feasible.

Access to Advisors

● For Formal Title IX Complaints: Both the Complainant and the Respondent, as

parties to the matter, shall have the opportunity to use an advisor (who may or

may not be an attorney) of the party’s choosing. The advisor may accompany

the party to all meetings and may provide advice and counsel to their respective

party throughout the Sexual Misconduct process, including providing questions,

suggestions and guidance to the party, but may not actively participate in the

process except to conduct cross-examination at the hearing as outlined in the

Resolution/Hearing section below. If a party chooses not to use an advisor

during the investigation, the institution will provide an advisor for the purpose of

conducting cross-examination on behalf of the relevant party. All communication

during the Sexual Misconduct process will be between the institution and the

party and not the advisor. The institution will copy the party’s advisor prior to the

ﬁnalization of the investigation report when the institution provides the parties

the right to inspect and review directly related information gathered during the

investigation. With the party’s permission, the advisor may be copied on all

communications.

● For Non-Title IX Sexual Misconduct Complaints: Both the Complainant and

the Respondent, as parties to the matter, shall have the opportunity to use an

advisor (who may or may not be an attorney) of the party’s choosing at the

party’s own expense. The advisor may accompany the party to all meetings and

may provide advice and counsel to their respective party throughout the Sexual

Misconduct process but may not actively participate in the process. All

communication during the Sexual Misconduct process will be between the

institution and the party and not the advisor. With the party’s permission, the

advisor may be copied on all communications.

Informal Resolution

Allegations of Sexual Misconduct may be resolved informally. The Complainant,

the Respondent, and the institution must agree to engage in the informal resolution

process and to the terms of the informal resolution. The Complainant(s) and the

Respondent(s) have the option to end informal resolution discussions and request a

formal process at any time before the terms of an informal resolution are reached.

However, matters resolved informally shall not be appealable.

Investigation

Throughout any investigation and resolution proceeding, a party shall receive

written notice of the alleged sexual misconduct, shall be provided an opportunity to

respond, and shall be allowed the right to remain silent or otherwise not participate in

or during the investigation and resolution process without an adverse inference

resulting.

Until a ﬁnal determination of responsibility, the Respondent is presumed to have

not violated the Sexual Misconduct Policy. Prior to the ﬁnalization of the investigation

report, timely and equal access to information directly related to the allegations that

has been gathered during the investigation and may be used at the hearing will be

provided to the Complaint, the Respondent, and a party’s Advisor (where applicable).

Formal civil rules of evidence do not apply to the investigation process, additionally the

standard of review throughout the sexual misconduct process is a preponderance of

the evidence. The investigation procedures are as follows:

1. The parties shall be provided with written notice of the: report/allegations with

suﬃcient details, pending investigation, possible charges, possible sanctions,

available support services and interim measures, and other rights under

applicable institutional policies. For the purposes of this provision suﬃcient

details include the identities of the parties involved, if known, the conduct

allegedly constituting sexual misconduct, and the date and location of the

alleged incident, if known. This information will be supplemented as dictated by

evidence collected during the investigation. The notice should also include the

identity of any investigator(s) involved. Notice should be provided via institution

email to the party’s institution email.

2. Upon receipt of the written notice, the parties shall have at least three(3)

business days to respond in writing. In that response, the Respondent shall have

the right to admit or deny the allegations, and to set forth a defense with facts,

Witnesses, and supporting materials. A Complainant shall have the right to

respond to and supplement the notice. Throughout the sexual misconduct

process the Complainant and the Respondent shall have the right to present

Witnesses and other inculpatory and exculpatory evidence.

3. If the Respondent admits responsibility, the process may proceed to the

sanctioning phase or may be informally resolved, if appropriate.

4. An investigator shall conduct a thorough investigation and should retain written

notes and/or obtain written or recorded statements from each interview. The

investigator shall also keep a record of any party’s proﬀered Witnesses not

interviewed, along with a brief, written explanation of why the witnesses were

not interviewed.

5. An investigator shall not access, consider, disclose, or otherwise use a party’s

records made or maintained by a physician, psychiatrist, psychologist, or other

recognized professional made in connection with the party’s treatment unless

the party has provided voluntary written consent. This also applies to

information protected by recognized legal privilege.

6. The initial investigation report shall be provided to the Complainant, the

Respondent, and a party’s advisor (if applicable). This report should fairly

summarize the relevant evidence gathered during the investigation and clearly

indicate any resulting charges or alternatively, a determination of no charges. For

purposes of this Policy, a charge is not a ﬁnding of responsibility.

7. The Complainant and the Respondent shall have at least ten (10) calendar days

to review and respond in writing to the initial investigation report and directly

related information gathered during the investigation. The investigator will review

the Complainant’s and the Respondent’s written responses, if any, to determine

whether further investigation or changes to the investigation report are

necessary.

8. The ﬁnal investigation report should be provided to the Complainant, the

Respondent, and a party’s Advisor, if applicable, at least ten (10) calendar days

prior to the Hearing. The ﬁnal investigation report should also be provided to all

Hearing Panel members for consideration during the adjudication process.

Resolution and Hearing

All sexual misconduct cases shall be heard by a panel of faculty and/or staﬀ. All

institutional participants in the sexual misconduct resolution process shall receive

appropriate annual training as directed by the System Director or Coordinator and

required by the Clery Act and Title IX.

In no case shall a hearing to resolve a sexual misconduct allegation take place

before the investigation report has been ﬁnalized. The investigator may testify as a

Witness regarding the investigation and ﬁndings but shall otherwise have no part in the

hearing process and shall not attempt to otherwise inﬂuence the proceedings outside

of providing testimony during the hearing. All directly related evidence shall be

available at the hearing for the parties and their advisors to reference during the

hearing.

Relevant facts or evidence that were not known or knowable to the parties prior

to the issuance of the ﬁnal investigative report shall be admissible during the hearing.

The institution will determine how the facts or evidence will be introduced. The

admissibility of any facts or evidence known or knowable by the parties prior to the

issuance of the ﬁnal investigative report, and which were not submitted during the

investigation, shall be determined by the institution in compliance with the obligation to

provide both parties an equal opportunity to present and respond to Witnesses and

other evidence.

Notice of the date, time, and location of the hearing as well as the selected

hearing panel members shall be provided to the Complainant and the Respondent at

least 5 calendar days prior to the hearing. Notice shall be provided via institution email

to the parties’ institution email. Parties may attend the hearing with their Advisor.

Hearings shall be conducted in-person or via video conferencing technology.

Where the institution determines that a party or Witness is unable to be present in

person due to extenuating circumstances, the institution may establish special

procedures to permit that individual to provide testimony from a separate location. In

doing so, the institution must determine whether there is a valid basis for the

individual’s unavailability, require that the individual properly sequester in a manner that

ensures testimony has not been tainted, and make a determination that such

arrangement will not unfairly disadvantage any party. Should it be reasonably believed

that the individual presented tainted testimony, the hearing panel will disregard or

discount the testimony. Parties may also request to provide testimony in a separate

room from the opposing party, so long as no party is unfairly disadvantaged, and they

have the opportunity to view the testimony remotely and submit follow-up questions.

At all times participants in the hearing process, including parties, a party’s

Advisor, and institution oﬃcials, are expected to act in a manner that promotes dignity

and decorum throughout the hearing. Participants are expected to be temperate,

respectful to others, and follow procedural formalities outlined by this Policy and the

institution. The institution reserves the right to remove any participant from the hearing

environment if the participant refuses to adhere to established rules of decorum.

The University of West Georgia shall maintain documentation of the investigation

and resolution process, which may include written ﬁndings of fact, transcripts, audio

recordings, and/or video recordings. Any documentation shall be maintained for seven

years.

The following standards will apply to Title IX and Non-Title IX Sexual Misconduct

hearings:

A. Title IX Hearings

a. Where a party or a Witness is unavailable, unable, or otherwise unwilling

to participate in the hearing, including being subject to

cross-examination, the hearing panel shall not draw an adverse inference

against the party or witness based solely on their absence from the

hearing or refusal to subject to cross-examination.

b. The parties shall have the right to present Witnesses and evidence at the

hearing.

c. The parties shall have the right to confront any Witness, including the

other party, by having their Advisor ask relevant questions directly to the

Witness. The Hearing Oﬃcer shall limit questions raised by the Advisor

when they are irrelevant to determining the veracity of the allegations

against the Respondent(s). In any such event, the Hearing Oﬃcer shall err

on the side of permitting all the raised questions and must document the

reason for not permitting any particular questions to be raised.

d. Questions and evidence about the Complainant’s sexual predisposition or

prior sexual behavior, shall be deemed irrelevant, unless such questions

and evidence are oﬀered to prove that someone other than the

Respondent committed the alleged conduct or consent between the

parties during the alleged incident.

e. The hearing panel shall not access, consider, disclose, or otherwise use a

party’s records made or maintained by a physician, psychiatrist,

psychologist, or other recognized professional made in connection with

the party’s treatment unless the party has provided voluntary written

consent. This also applies to information protected by recognized legal

privilege.

f. Formal civil rules of evidence do not apply to the resolution process and

the standard of evidence shall be a preponderance of the evidence.

g. Following a hearing, the parties shall be simultaneously provided a written

decision via institution email of the hearing outcome and any resulting

sanctions or administrative actions. The decision must include the

allegations, procedural steps taken through the investigation and

resolution process, ﬁndings of facts supporting the determination(s),

determination(s) regarding responsibility, and the rationale for any

sanction or other administrative action. The institution shall also notify the

parties of their right to appeal as outlined below.

B. Non-Title IX Sexual Misconduct Hearings

a. The parties shall have the right to present Witnesses and evidence at the

hearing. Witness testimony, if provided, shall pertain to knowledge and

facts directly associated with the case being heard.

b. The parties shall have the right to confront any Witnesses, including the

other party, by submitting written questions to the Hearing Oﬃcer for

consideration. Advisors may actively assist in drafting questions. The

Hearing Oﬃcer shall ask the questions as written and will limit questions

only if they are irrelevant to determining the veracity of the allegations

against the Respondent(s). In any such event, the Hearing Oﬃcer shall err

on the side of asking all submitted questions and must document the

reason for not asking any particular questions.

c. Questions and evidence about the Complainant’s sexual predisposition or

prior sexual behavior, shall be deemed irrelevant, unless such questions

and evidence are oﬀered to prove that someone other than the

Respondent committed the alleged conduct or consent between the

parties during the alleged incident.

d. The hearing panel shall not access, consider, disclose, or otherwise use a

party’s records made or maintained by a physician, psychiatrist,

psychologist, or other recognized professional made in connection with

the party’s treatment unless the party has provided voluntary written

consent. This also applies to information protected by recognized legal

privilege.

e. Formal civil rules of evidence do not apply to the resolution process and

the standard of evidence shall be a preponderance of the evidence.

f. Following a hearing, the parties shall be simultaneously provided a written

decision via institution email of the hearing outcome and any resulting

sanctions or administrative actions. The decision must include the

allegations, procedural steps taken through the investigation and

resolution process, ﬁndings of facts supporting the determination(s),

determination(s) regarding responsibility, and the evidence relied upon

and rationale for any sanction or other administrative action. The

institution shall also notify the parties of their right to appeal, as outlined

below.

Sanctions

In determining the severity of sanctions or corrective actions the following

should be considered: the frequency, severity, and/or nature of the oﬀense; history of

past conduct; an oﬀender’s willingness to accept responsibility; previous institutional

response to similar conduct; strength of the evidence; and the wellbeing of the

university community. The institution will determine sanctions and issue notice of the

same, as outlined above.

The broad range of sanctions includes: expulsion; suspension for an identiﬁed

time frame or until satisfaction of certain conditions or both; temporary or permanent

separation of the parties (e.g., change in classes, reassignment of residence, no

contact orders, limiting geography of where parties can go on campus) with additional

sanctions for violating no-contact orders; required participation in sensitivity

training/awareness education programs; required participation in alcohol and other

drug awareness and abuse prevention programs; counseling or mentoring;

volunteering/community service; loss of institutional privileges; delays in obtaining

administrative services and beneﬁts from the institution (e.g., holding transcripts,

delaying registration, graduation, diplomas); additional academic requirements relating

to scholarly work or research; ﬁnancial restitution; or any other discretionary sanctions

directly related to the violation or conduct.

For suspension and expulsion, the institution must articulate, in its written

decision, the substantial evidence relied upon in determining that suspension or

expulsion were appropriate. For purposes of this Policy substantial evidence means

evidence that a reasonable person might accept to support the conclusion.

Appeals

Appeals may be allowed in any case where sanctions are issued, even when

such sanctions are held “in abeyance,” such as probationary or expulsion. Where the

sanction imposed includes a suspension or expulsion (even for one held in abeyance),

the following appellate procedures must be provided. The Respondent (and in cases

involving sexual misconduct or other forms of discrimination and/or harassment, the

Complainant) shall have the right to appeal the outcome on any of the following

grounds:

A. To consider new information, suﬃcient to alter the decision, or other relevant

facts not brought out in the original hearing (or appeal), because such

information was not known or knowable to the person appealing during the time

of the hearing (or appeal) .

B. To allege a procedural error within the hearing process that may have

substantially impacted the fairness of the hearing (or appeal), including but not

limited to whether any hearing questions were improperly excluded or whether

the decision was tainted by a conﬂict of interest or bias by the Title IX

Coordinator, Conduct Oﬃcer, investigator(s), decision makers(s).

C. To allege that the ﬁnding was inconsistent with the weight of the information.

The appeal must be made in writing, must set forth one or more of the bases

outlined above, and must be submitted within ﬁve(5) business days of the date

of the ﬁnal written decision. The appeal should be made to the institution’s

President or their designee.

The appeal shall be a review of the record only, and no new meeting with the

Respondent or any Complainant is required. The President or their designee may aﬃrm

the original ﬁnding and sanction, aﬃrm the original ﬁnding but issue a new sanction of

greater or lesser severity, remand the case back to any lower decision maker to correct

a procedural or factual defect, or reverse or dismiss the case if there was a procedural

or factual defect that cannot be remedied by remand. The President or their designee’s

decision shall be simultaneously issued in writing to the parties within a reasonable

time period. The President or their designee’s decision shall be the ﬁnal decision of the

institution.

Should the Respondent or Complainant (where applicable) wish to appeal the

ﬁnal institutional decision, they may request review by the Board of Regents in

accordance with the Board of Regents’ Policy on Discretionary Review.

Appeals received after the designated deadlines above will not be considered unless

the institution or Board of Regents has granted an extension prior to the deadline. If an

appeal is not received by the deadline the last decision on the matter will become ﬁnal.

The University of West Georgia’s Sexual Misconduct and Interpersonal Violence

Violations allign with the University System of Georgia Board of Regents Policy.