Lanier Technical College
2017 - 2018
Catalog and Student Handbook
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Code of Conduct
PREAMBLE

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the well being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of this academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for knowledge.

Freedom to teach and freedom to learn are inseparable facets of academic conditions in the classroom, on the campus, other college sites, and in the community. Students are expected to exercise their freedom with responsibility. As members of the academic community, students are subject to the obligations which accrue to them by virtue of this membership. As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of the community.

By the same token, students are also subject to all laws, the enforcement of which is the responsibility of duly constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. In such instances, college discipline will be initiated if the presence of the student on campus is considered a possible threat to persons or property, or if that person's presence may disrupt the educational process of the college. However, when a student's violation of the law also adversely affects the college's recognized educational objectives, or violates the college's Student Code of Conduct, the college will enforce its own regulations. When students violate college regulations, they are subject to disciplinary action by the college whether or not their conduct violates the law.

It is the policy of the Technical College System of Georgia (TCSG) to provide technical and adult education programs for the people of Georgia. Technical Colleges must provide opportunities for intellectual, emotional, social, and physical growth. Technical College students assume an obligation to act in a manner compatible with the fulfillment of the mission. The Technical College community recognizes its responsibility to provide an atmosphere conducive to growth. With these principles in mind, the Technical College System of Georgia establishes this Student Code of Conduct.

Generally, Technical college jurisdiction and discipline shall be limited to conduct which occurs on Technical College Premises, off-campus classes, activities, or functions sponsored by the Technical College, an examination or any other written or oral work submitted for evaluation and/or grade, or which otherwise adversely affects members of the Technical College Community and/or pursuit of the Technical College’s objectives.

II. APPLICABILITY:
This procedure is applicable to all Technical Colleges associated with the Technical College System of Georgia.

III. RELATED AUTHORITY:
V. D. 1. Procedure: Student Disciplinary Procedure
V. A. 1. Procedure: Unlawful Harassment and Discrimination of Students

IV. DEFINITIONS:

  1. Faculty Member: any person hired by the Technical College to conduct teaching, service, or research activities.
  2. Hearing Body: as defined in the Student Disciplinary Policy and Procedure.
  3. Member of the Technical College Community: any person who is a Student, Faculty Member, contractors, Technical College Official or any other person/s involved with the Technical College, involved in the community or employed by the Technical College.
  4. Policy: the written regulations of the Technical College as found in, but not limited to, the Student Code of Conduct, Student Handbook(s), Residence Hall Handbook(s), Technical College Catalog(s), the Technical College Policy Manual, and the Policy Manual approved by the State Board for the Technical College System of Georgia.
  5. Student: all persons taking courses at the Technical College, including full-time, part-time, dual enrollment, joint enrollment, non-credit, and credit. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the Technical College are considered "Students".
  6. System: the Technical College System of Georgia or TCSG.
  7. Technical College Official: any person employed by the Technical College performing assigned administrative responsibilities on a part-time, full-time or adjunct basis.
  8. Premises: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the Technical College (including adjacent streets and sidewalks).

V. ATTACHMENTS:
None

VI. PROCEDURE:
PROSCRIBED CONDUCT
Any student found to have committed the following types of misconduct is subject to the disciplinary sanctions outlined in the Student Disciplinary Policy and Procedure.

A. ACADEMIC
Academic Misconduct Definitions
Academic Misconduct includes, but is not limited to, the following:

  1. Aiding and Abetting Academic Misconduct
    Knowingly helping, procuring, encouraging or otherwise assisting another person to engage in academic misconduct.
  2. Cheating
    1. Use and/or possession of unauthorized material or technology during an examination, or any other written or oral work submitted for evaluation and/or a grade, such as tape cassettes, notes, tests, calculators, computer programs, cell phones and/or smart phones, or other electronic devices.
    2. Obtaining assistance with or answers to an examination or any other written or oral work submitted for evaluation and/or a grade from another person with or without that person's knowledge.
    3. Furnishing assistance with or answers to an examination or any other written or oral work submitted for evaluation and/or a grade to another person.
    4. Possessing, using, distributing or selling unauthorized copies of an examination, computer program, or any other written or oral work submitted for evaluation and/or a grade.
    5. Representing as one's own an examination or any other written or oral work submitted for evaluation and/or a grade taken by another person.
    6. Taking an examination or any other written or oral work submitted for evaluation and/or a grade in place of another person.
    7. Obtaining unauthorized access to the computer files of another person or agency and/or altering or destroying those files.
    8. Obtaining teacher edition text books, test banks, or other instructional materials that are only intended to be accessed by Technical College Officials, college administrator or Faculty Member.
  3. Fabrication
    The falsification of any information or citation in an examination or any other written or oral work submitted for evaluation and/or a grade.
  4. Plagiarism
    1. Submitting another's published or unpublished work in whole, in part or in paraphrase, as one's own without fully and properly crediting the author with footnotes, quotation marks, citations, or bibliographical reference.
    2. Submitting as one's own original work, material obtained from an individual or agency without reference to the person or agency as the source of the material.
    3. Submitting as one's own original work material that has been produced through unacknowledged collaboration with others without release in writing from collaborators.

B. NON-ACADEMIC MISCONDUCT
Non-Academic Misconduct includes, but us not limited to, the following:

  1. Behavior
    1. Indecent Conduct: disorderly, lewd, or indecent conduct, including public physical or verbal action; language commonly considered offensive (not limited to, but including profanity); or distribution of obscene or libelous written or electronic material.
    2. Violence: mental or physical abuse of any person (including sex offenses) on Technical College Premises or at Technical College-sponsored or Technical College-supervised functions, including verbal or physical actions which threaten or endanger the health or safety of any such persons. This includes fighting and/or other disruptive behavior, which includes any action or threat of action which endangers the peace, safety, or orderly function of the Technical College, its facilities, or persons engaged in the business of the Technical College.
    3. Harassment: any act, comment, behavior, or clothing which is of a sexually suggestive, harassing, offensive, or intimidating nature. The Technical College also prohibits stalking, or behavior which in any way interferes with another Student's rights or an employee's performance or creates an intimidating, hostile, or offensive environment. (This also includes the display of or navigation to pornography and other inappropriate websites and materials and inappropriate behavior on social media and/or networking applications.) If, in the opinion of Technical College Officials, clothing and/or behavior (including the presence of gang colors, signs, and/or symbols) are threatening, intimidating, or offensive in nature, sanctions may be imposed immediately.
    4. Disruption: prohibits intentional obstruction or interruption of teaching, research, administration, disciplinary proceedings, or other Technical College activities, including public service functions, and other duly authorized activities on Technical College Premises or at Technical College-sponsored activity sites.
    5. Failure to Comply: Failure to comply with directions of Technical College Officials and/or failure to identify oneself to these persons when requested to do so.
  2. Professionalism
    1. Personal Appearance:
      Refer to Lanier Technical College Dress Code Policy.
  3. Use of Technical College Property
    1. Theft and Damage: prohibits theft of, misuse of, or harm to Technical College Property, or theft of or damage to property of a Member of the Technical College Community or a campus visitor on Technical College Premises or at a Technical College function.
    2. Occupation or Seizure: occupation or seizure in any manner of Technical College property, a Technical College Premises, or any portion thereof for a use inconsistent with prescribed, customary, or authorized use.
    3. Presence on Technical College Premises: prohibits unauthorized entry upon Technical College Premises; unauthorized entry into Technical College Premises or a portion thereof which has been restricted in use; unauthorized presence in Technical College Premises after closing hours; or furnishing false information to gain entry upon Technical College Premises.
    4. Assembly: prohibits participation in or conducting an unauthorized gathering that threatens or causes injury to person or property or that interferes with free access to Technical College facilities or that is harmful, obstructive, or disruptive to the educational process or functions of the Technical College.
    5. Fire Alarms: prohibits setting off a fire alarm or using or tampering with any fire safety equipment on Technical College Premises or at Technical College-sponsored activity sites, except with reasonable belief in the need for such alarm or equipment. In the event of a fire alarm sounding, Students must evacuate the building unless otherwise directed by a Technical College Official.
    6. Obstruction: obstruction of the free flow of pedestrian or vehicular traffic on Technical College Premises or at Technical College sponsored or supervised functions. Refer to Lanier Technical College Parking Policy and Regulations.
  4. Drugs, Alcohol and Other Substances
    Substances referred to under this policy include all illegal drugs, alcoholic beverages, and misused legal drugs (both prescription and over-the-counter).
    1. Alcohol: Students must comply with all state and federal laws regulating alcohol as well as TCSG Policy ll.C.6, Alcohol on Campus. Alcoholic Beverages may not be served or sold at any Student sponsored function. Students being in a state of intoxication on Technical College Premises or at Technical College-sponsored or supervised functions (including off-campus functions), internships, externships, practicum, clinical sites, co-operative or academic sponsored programs or activities or in a technical college-owned vehicle is prohibited.
    2. Controlled substances, illegal drugs and drug paraphernalia: The Technical College prohibits possession, use, sale, or distribution of any controlled substance, illegal drugs, or drug paraphernalia except as expressly permitted by law. Any influence which may be attributed to the use of drugs or of alcoholic beverages shall not in any way limit the responsibility of the individual for the conduct or consequences of his/her actions.
    3. Food: The Technical College prohibits eating and/or drinking in classrooms, shops, and labs or other unauthorized areas on Technical College Premises, unless otherwise permitted by Technical College Officials.
    4. Tobacco: The Technical College prohibits smoking, or using other forms of tobacco products in classrooms, shops, and labs or other unauthorized areas on Technical College Premises. Refer to the Lanier Technical College Tobacco Policy.
  5. Use of Technology
    1. Damages and Destruction: Destruction of or harm to equipment, software, or data belonging to the Technical College or to others is considered unacceptable usage. This may include altering, downloading, or installing software on Technical College computers, tampering with computer hardware or software configuration, improper access to the Technical College’s network, and disconnection of Technical College computers or devices.
    2. Electronic Devices: Unless otherwise permitted by Technical College officials, the Technical College prohibits use of electronic devices in classrooms, labs, and other instructional event, or affiliated facilities on Technical College Premises. Such devices include, but are not limited to cell phones, beepers, walkie talkies, cameras, gaming devices, and other electronic devices, which may cause unnecessary disruption to the teaching/learning process on campus. The Technical College also prohibits attaching personal electronic devices to college computers under any circumstances.
    3. Harassment: The Technical College prohibits the use of computer technology to harass another student or Technical College Official with obscene, harassing or intimidating messages, communications, jokes, or material.
    4. Unacceptable Use: Use of computing facilities to interfere with the work of another Student or Technical College Official. This includes the unauthorized use of another individual’s identification and password. Lanier Technical College prohibits any additional violation to the Department's Acceptable Computer and Internet Use Policy.
  6. Weapons
    The Technical College System of Georgia and its associated Technical Colleges are committed to providing all employees, Students, volunteers, visitors, vendors and contractors a safe and secure workplace and/or academic setting by expressly prohibiting the possession of a firearm, weapon, or explosive compound/material on any technical college campus (including all satellite campuses/off-site work units), within the designated school safety zone, or at any technical college sanctioned function in a manner contrary to state or federal law (Policy II.C.10).
  7. Gambling
    The Technical College System of Georgia prohibits the violation of federal, state or local gambling laws on Technical College premises or at Technical College sponsored or supervised activities.
  8. Parking
    The Technical College prohibits violation of Lanier Technical College regulations regarding the operation and parking of motor vehicles on or around Lanier Technical College Premises.
  9. Financial Irresponsibility
    The Technical College prohibits the theft or misappropriation of any Technical College, Student Organization or other assets.
  10. Violation of Technical College Policy
    Violation of published System or Technical College Policies, rules or regulations including, but not limited to, rules imposed upon Students who enroll in a particular class or program, internships, externships, practicum, clinical sites, co-operative, or any academic sponsored programs or activities, Student Organizations or Students who reside in on-campus housing.
  11. Aiding and Abetting
    Aiding, abetting, or procuring another person to do an activity which otherwise violates this Code of Conduct is prohibited.
  12. Falsification and Documentation
    Disciplinary proceedings may be instituted against a Student who falsifies any documentation related to the Technical College either to the Technical College or to others in the community, including, but not limited to falsification of: Technical College transcripts; transcripts or other documentation from other institutions to obtain credit from or admission to the Technical College; Technical College report cards or other grade reports; documentation related to a student’s citizenship status; tests, homework, attendance records; signature of any Technical College employee in his or her official capacity; signatures of any employee of a clinical or internship site where the student is participating in an education program.
  13. Violation of Law
    1. If a Student is convicted or pleads Nolo Contendere to an off-campus violation of federal, state, or local law, but not with any other violation of the Student Code of Conduct, disciplinary action may be taken and sanctions imposed for misconduct that is detrimental to the Technical College's vital interests and stated mission and purpose.
    2. Disciplinary proceedings may be instituted against a Student charged with violation of a law that is also a violation of the Student Code of Conduct if both violations result from the same factual situation, without regard to criminal arrest and/or prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings.
    3. When a Student is charged by federal, state, or local authorities with a violation of law, the Technical College will not request or agree to special consideration for that individual because of his/her status as a Student. The Technical College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual Students, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
  14. Abuse of the Student Judicial Process, including but not limited to:
    1. Failure to obey the notification of the Vice President for Student Affairs of the Technical College President’s designee, Hearing Body, Appellate Board or Technical College Official.
    2. Falsification, distortion, or misrepresentation of information in a judicial proceeding.
    3. Disruption or interference with the orderly conduct of a judicial proceeding.
    4. Initiating a judicial proceeding knowingly without cause.
    5. Attempting to discourage an individual's proper participation in, or use of, the judicial process.
    6. Attempting to influence the impartiality of a member of a Student Disciplinary Officer, Judicial Body, or Appellate Board prior to, and/or during the course of, the judicial proceeding.
    7. Harassment (verbal or physical) and/or intimidation of a member of a Hearing Body, or Appellate Board prior to, during, and/or after a disciplinary proceeding.
    8. Failure to comply with the sanction(s) imposed under the Student Code.

VII. RECORD RETENTION:
Documents shall be held for no less than three (3) years after the graduation of the student or the date of the student’s last attendance.

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Student Disciplinary Procedure
Effective Date: July 13, 2012
Replaces Previous Effective Date: November 11, 2010

I. Policy:
The administration reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when, in the judgment of technical college officials, a student's conduct disrupts or threatens to disrupt the technical college community, appropriate disciplinary action will be taken to restore and protect the atmosphere of collegiality and mutual respect on campus. This procedure is intended to provide an orderly protocol for handling student disciplinary cases in accordance with the principles of due process and justice.

II. Applicability:
This procedure is applicable to all technical colleges associated with the Technical College System of Georgia.

III. Related Authority:
V.D. Procedure: Model Student Conduct Codes

IV. Definitions:

  1. Academic Misconduct: includes, but is not limited to, the definition found in the Student Code of Conduct, Article II, Paragraphs 1-4.
  2. Business days: weekdays that the technical college administrative offices are open.
  3. Hearing Body: any person or persons authorized by the president of a technical college to provide a hearing as provided in this procedure.
  4. Member of the Lanier Technical College community: any person who is a student, faculty member, Lanier Technical College official or any other person/s involved with the Lanier Technical College community or employed by Lanier Technical College.
  5. Policy: the written regulations of Lanier Technical College as found in, but not limited to, the Student Code of Conduct, Students Handbook(s), Residence Hall Handbook(s), Lanier Technical College Catalog(s), Lanier Technical College Policy Manual, and the Policy Manual approved by the State Board for the Technical College System of Georgia.
  6. Student: all persons taking courses at Lanier Technical College full-time, part-time, dual enrollment, joint enrollment, non-credit and credit. Persons who are not officially enrolled for a particular term but who have a continuing relationship with Lanier Technical College are considered "students".
  7. Student Organization: any number of persons who have complied with the formal requirements for Lanier Technical College recognition.
  8. Technical college: any college within the Technical College System of Georgia.
  9. Lanier Technical College official: any person employed by Lanier Technical College, performing assigned administrative responsibilities on a part-time, full-time, or adjunct basis.
  10. Premises: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by Lanier Technical College (including adjacent streets and sidewalks).

V. Attachments:

  1. Student Code of Conduct Complaint Form
  2. Disciplinary Sanction Appeal Form

VI. Procedure:

  1. Filing a Complaint
    1. Any person may file a complaint with the Vice President for Student Affairs or the Lanier Technical College president's designee against any student for an alleged violation of the Student Code of Conduct. The individual(s) initiating the action should complete a Student Code of Conduct Complaint Form, and provide it to the Vice President for Student Affairs or Lanier Technical College president's designee.
    2. Academic Misconduct may be handled using this procedure or a separate Academic Misconduct Procedure at the discretion of the Lanier Technical College president.
    3. Investigation and Decision
      1. Within five business days after the Student Code of Conduct Complaint Form (the "Complaint") is filed, the Vice President for Student Affairs or Lanier Technical Colleg president's designee shall complete a preliminary investigation of the incident, and schedule a meeting with the student against whom the complaint was filed in order to discuss the incident and the allegations. In the event that additional time is necessary, the Student will be notified. After discussing the complaint with the student, the Vice President for Student Affairs or Lanier Technical College president's designee shall determine whether the student committed the alleged conduct, and whether the alleged conduct constitutes a violation of the Student Code of Conduct.
      2. The student shall have 5 business days from the date contacted by the Vice President Student Affairs or Lanier Technical College president's designee to schedule the meeting.This initial meeting may only be rescheduled one time. If the student fails to respond to the Vice President for Student Affairs or Lanier Technical College president's designee within 5 business days to schedule the meeting, reschedules the meeting more than once, or fails to appear at the meeting, the Vice President for Student Affairs or Lanier Technical College president's designee will consider the available evidence without student input and make a determination.
      3. In the event that a Complaint alleges violations of the Student Code of Conduct by more than one student, each student's disciplinary proceeding, as well as any appeals relating to that proceeding, shall be conducted individually.
      4. If the Vice President for Student Affairs or Lanier Technical College president’s designee determines that the student has violated the Student Code of Conduct, he/she shall impose one or more disciplinary sanctions consistent with those described below. If the Vice President for Student Affairs or Lanier Technical College president's designee determines that the alleged conduct did not occur, or that the conduct was not a violation of the Student Code of Conduct, he/she shall not impose any disciplinary sanctions on the student and the investigation shall be closed.
  2. Disciplinary Sanctions
    Based on the severity of the incident, the Vice President for Student Affairs may take one of two actions:
    1. After a determination that a student has violated the Student Code of Conduct, the Vice President for Student Affairs or Lanier Technical College president's designee may impose, without referral to the Hearing Body, one or more of the following sanctions. Notification shall be sent to the student and the person(s) who initially filed the complaint.
      1. Restitution - A student who has committed an offense against property may be required to reimburse the technical college or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.
      2. Reprimand - A written reprimand may be given to any student. Such a reprimand does not restrict the student in any way, but it signifies to the student that he/she is in effect being given another chance to conduct himself/herself as a proper member of the technical college community, and that any further violation may result in more serious sanctions.
      3. Restriction – A restriction upon a student's privileges for a period of time may be imposed. This restriction may include but is not limited to denial of the right to represent the technical college in any way, denial of use of facilities, alteration or revocation of parking privileges, or restrictions from participating in extracurricular activities.
      4. Disciplinary Probation- Continued enrollment of a student on probation may be conditioned upon adherence to specified terms. Any student placed on probation will be notified of the terms and length of probation in writing. Any conduct determined after due process to be in violation of these terms while on probation may result in the imposition of more serious disciplinary sanctions, as specified by the terms of probation.
      5. Failing or lowered grade - In cases of Academic Misconduct, the Vice President for Student Affairs or Lanier Technical College president's designee will make a recommendation to the Vice President for Academic Affairs or his/her designee who may authorize the instructor to award a failing or lowered grade in the course, or a loss of credit on the assignment or examination.
    2. After a determination that a student has violated the Student Code of conduct, the Vice President for Student Affairs or Lanier Technical College president's designee may recommend the imposition of one of the following sanctions if appropriate. The Vice President for Student Affairs' recommendation will be forwarded to the Hearing Body, which may impose one or more of the following sanctions, as well as those described in section VI.C.1 above, following a hearing. A copy of the written recommendation shall be provided to the student and the person filing the complaint.
      1. Disciplinary Suspension - If a student is suspended, he/she is separated from the technical college for a stated period of time. Conditions of reinstatement, if any, must be stated in the notice of suspension.
      2. Disciplinary Expulsion - Removal and exclusion from the technical college, Technical College controlled facilities, programs, events, and activities. A record of the reason for the student's dismissal is maintained by Vice President for Student Affairs or Lanier Technical College president's designee. Students who have been dismissed from the technical college for any reason may apply in writing to the Vice President for Student Affairs for reinstatement twelve (12) months following the expulsion. If approval for reinstatement is granted, the student will be placed on disciplinary probation for a specified term. The probationary status may be removed at the end of the specified term at the discretion of the Vice President for Student Affairs or Lanier Technical College president's designee.
      3. System-Wide Expulsion - Where a student has been expelled or suspended three times from the same or different colleges in the Technical College System of Georgia the past seven years, the student will not be permitted to register at any college in the Technical College System of Georgia for a period of ten years after the most recent expulsion/suspension.
    3. Violation of Federal, State, or Local Law
      1. If a student is convicted or pleads nolo contendere to an off-campus violation of federal, state, or local law, but not with any other violation of the Student Code of Conduct, disciplinary action may be taken and sanctions imposed for misconduct that is detrimental to the technical college's vital interests and stated mission and purpose.
      2. Disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of the Student Code of Conduct if both violations result from the same factual situation, without regard to criminal arrest and/or prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings.
      3. When a student is charged by federal, state, or local authorities with a violation of law, the technical college will not request or agree to special consideration for that individual because of his/her status as a student. The technical college will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
    4. Interim Disciplinary Suspension - As a general rule, the status of a student accused of violations of the Student Code of Conduct should not be altered until a final determination is made regarding the allegations against him/her. However, interim suspension may be imposed upon a finding by the Vice President for Student Affairs or his/her designee that the continued presence of the accused student on campus constitutes a potential or immediate threat to the safety and well-being of the accused student or any other member of the technical college community or its guests, or that the continued presence of the student on campus creates a risk of substantial disruption of classroom or other technical college-related activities. If an interim disciplinary suspension is imposed, the matter must be referred as soon as possible to the Hearing Body. The student need not request an appeal.
    5. Conditions of Disciplinary Suspension and Expulsion
      1. A student who has been suspended or expelled from the technical college shall be denied all privileges afforded a student and shall be required to vacate technical college Premises at a time determined by the Vice President for Student Affairs or Lanier Technical College president's designee.
      2. In addition, after vacating the technical college Premises, a suspended or expelled. Student may not enter upon the technical college Premises at any time, for any purpose, in the absence of written permission from the Vice President for Student Affairs or Lanier Technical College president's designee. A suspended or expelled student must contact the Vice President for Student Affairs or Lanier Technical College president's designee for permission to enter the technical college Premises for a limited, specified purpose.
      3. If the student seeks to submit a signed Disciplinary Sanction Appeal Form, the Vice President for Student Affairs or Lanier Technical College president's designee must accept the form by mail or fax if he/she refuses the Student's request to enter the Technical College Premises for that specified purpose.
      4. A scheduled appeal hearing before the Hearing Body shall be understood as expressed permission from the Vice President for Student Affairs or Lanier Technical College president's designee for a student to enter the technical college Premises for the duration of that hearing.
  3. Mediation
    At the discretion of the technical college president the technical college may adopt a mediation procedure to be utilized prior to the appeals set forth herein. Mediation may never be used in cases of alleged sexual misconduct.
  4. Hearing Appeals Procedure
    1. A student who wishes to appeal a disciplinary decision by the Vice President for Student Affairs or Lanier Technical College president's designee regarding an assigned sanction of restitution, reprimand, restriction, disciplinary probation, or failing or lowered grade must file a written notice of appeal through the technical college president's office for review by the Hearing Body within five business days of notification of the decision. The person filing the initial complaint against the student must be notified of the hearing date.
    2. If the Vice President for Student Affairs or Lanier Technical College president's designee recommended a sanction of disciplinary suspension, disciplinary expulsion, interim disciplinary suspension, or system-wide expulsion, the matter will be referred to the Hearing Body by the Vice President for Student Affairs. The student need not file a written notice of his or her desire to appear before the Hearing Body. The person filing the initial complaint shall also be given notification of the hearing.
    3. The student will then have the right to appear in a hearing before a Hearing Body assigned by the Lanier Technical College president or his/her designee within 10 business days to present evidence and/or testimony. If the student has been placed on an interim disciplinary suspension, the hearing must be held as soon as possible, preferably within five days. The student has the right to be assisted by any single advisor he/she chooses, at his/her own expense. The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a Hearing Body. The Hearing Body may consist of a single person or a group of people drawn from the technical college community. There shall be a single official record, such as a tape recording, of all hearings before the Hearing Body. The official record shall be the property of the technical college. The standard of proof in all hearings shall be a preponderance of the evidence. The chairperson of the Hearing Body shall notify the Lanier Technical College president and the Vice President for Student Affairs in writing of the Hearing Body's decision. The Lanier Technical College president or his/her designee will notify the student in writing of the Hearing Body's decision.
    4. If the student appeared before the Hearing Body to appeal the Vice President for Student Affairs or Lanier Technical College president's designee's sanction of restitution, reprimand, restriction, disciplinary probation, or failing or lowered grade, the Hearing Body's decision regarding the appeal is final. A copy of the Hearing Body's written decision will be provided to both the student and the person who filed the original complaint.
    5. If the student appeared before the Hearing Body after the Vice President for Student Affairs or Lanier Technical College president's designee recommended disciplinary suspension, disciplinary expulsion, interim disciplinary suspension, or system-wide expulsion, the student shall have the opportunity to appeal directly to the Lanier Technical College president.
    6. If entitled to an appeal to the Lanier Technical College president, the student shall have 5 business days after receiving written notification of the Hearing Body's decision to request in writing an appeal. The student shall ensure that all relevant information is included with this request. The person who filed the original complaint shall be notified of the student's appeal.
    7. The president of Lanier Technical College or his/her designee's review shall be in writing and shall only consider evidence currently in the record, new facts not brought up in earlier stages of the appeal shall not be considered. The Lanier Technical College president or his/her designee shall deliver the decision to the student and the person who filed the original complaint within 10 business days. The decision of the Lanier Technical College president or his/her designee shall be final and binding.

VII. Document Retention:
The Vice President for Student Affairs or Lanier Technical College president's designee shall retain a copy of all documents concerning complaints, investigations, administrative actions, and communications in relation to any incident that resulted in a disciplinary investigation of any kind against a student. The Vice President for Student Affairs or Lanier Technical College president's designee will also retain records of any disciplinary appeals filed by the affected student, as well as the resulting record of appeal and decision submitted by the Hearing Body and the Lanier Technical College president or his/her designee. A record of the final decision must also be retained. All records specified in this section shall be retained for a period of five years.

     
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