4.1.1 Institutional Responsibility
Admission, discipline, promotion, graduation, and formulation of all rules and regulations pertaining to students of University System of Georgia institutions are matters to be handled by the institutions within the framework of policies and regulations issued by the Board of Regents. Students failing to comply with Board of Regents’ or institution rules, regulations, or directives may face disciplinary actions.
4.1.3 Student Voting Privileges
Students are encouraged to vote in all federal, state, and local elections. 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.
4.1.4 Fraternities and Sororities
Each USG institution shall be authorized to decide for itself whether social fraternities and/or sororities shall be established and whether they shall be local only or affiliated with national groups. Each institution also shall be authorized to promulgate rules and regulations concerning the establishment, organization, governance, and discipline of social fraternities and sororities (BoR Minutes, 1964-65, p. 651).
4.1.5 Students with Disabilities
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).
Individuals seeking undergraduate admission to any University System of Georgia (USG) institution shall meet the requirements for one of the categories listed below and any additional requirements that may be prescribed by the institution. Meeting minimum requirements does not guarantee admission to any USG institution.
Any exceptions to these admission policies may be made only with written approval of the USG chief academic officer.
4.2.1 Admission Requirements for Programs Leading to an Associate or Baccalaureate Degree
These policies apply to first-time freshmen and individuals who have not earned the equivalent of 30 semester hours of transferable postsecondary credit.
Students applying for freshman admissions to a USG institution must meet the following criteria.
Required High School Curriculum
Completion of the USG’s Required High School Curriculum (“RHSC”) requirements and graduation from a high school accredited by a regional accrediting association (such as the Southern Association of Colleges and Schools) or the Georgia Accrediting Commission or from a public school regulated by a school system and state department of education.
Students applying to any institution must present credit for sixteen (16) specified units. Students who graduate from high school in 2012 or later must present credits for seventeen (17) specified units. The 16 (17 for students who graduate in 2012 or later) specified USG units are:
- MATHEMATICS: Four (4) units of Mathematics, including Algebra I, Algebra II, and Geometry. For students who graduate from a Georgia Public School in 2012 or later, the 4 units of Mathematics must include a course at the level of Math 3 or higher.
- ENGLISH: Four (4) units of English which have as their emphasis grammar and usage, literature (American, English, World), and advanced composition skills.
- SCIENCE: Three (3) units of science, with at least one laboratory course from the life sciences and one laboratory course from the physical sciences. Students who graduate in 2012 or later must have four (4) units of science. Georgia Public high School graduates must have at least one (1) unit of biology, one (1) unit of physical science or physics, and one (1) unit of chemistry, earth systems, environmental science, or an advanced placement science course.
- SOCIAL SCIENCE: Three (3) units of social science, with at least one (1) course focusing on United States studies and one (1) course focusing on world studies.
- FOREIGN LANGUAGE/AMERICAN SIGN LANGUAGE/COMPUTER SCIENCE: Two (2) units in the same foreign language emphasizing speaking, listening, reading, and writing. Two (2) units of American Sign Language or two (2) units of Computer Science emphasizing coding and programming may be used to satisfy this requirement.
In addition to these minimum requirements, students are encouraged to take additional academic units in high school to improve their probability for admission and success.
Students must present at least the following minimum test scores for admission to a research, comprehensive, or state university:
- 24 on the Reading test and 22 on the Math test of the new SAT (administered March 2016 or later);
- 430 on the Critical Reading section and 400 on the Mathematics section of the old SAT (administered prior to March 2016); or
- 17 on the English test and 17 on the Mathematics test of the ACT.
Presidents of the state colleges at their option shall require one of the following:
- Submission of SAT/ACT test scores and meeting of the Freshman Index, as described below; or,
- A minimum high school grade point average (HSGPA) and mandatory evaluation for Learning Support in lieu of SAT/ACT test scores for admissions.
State colleges requiring SAT/ACT shall establish minimum test score requirements of at least the following:
- 19 on the Reading test and 18 on the Math test of the new SAT (administered March 2016 or later);
- 330 on the Critical Reading section and 310 Mathematics section of the old SAT (administered prior to March 2016); or,
- 12 on the English test and 14 on the Mathematics test of the ACT.
Students meeting the above minimum SAT/ACT scores but without scores sufficient to exempt placement screening will have a Mathematics Placement Index (MPI) and English Placement Index (EPI) calculated as outlined in Section 2.9.1, Administrative Procedures for Learning Support Programs, of the Academic and Student Affairs Handbook.
The Freshman Index (FI) is calculated using a combination of a student’s SAT or ACT scores and high school grade point average (HSGPA).
Scores earned on the old SAT (administered prior to March 2016) are entered directly into the SAT FI formula. Scores earned on the new SAT (administered March 2016 or later) must be converted to the equivalent scores on the old SAT using the appropriate concordance tables provided by the College Board. The equivalent old SAT scores are then entered into the SAT FI formula.
The following are the FI formulas:
SAT FI = 500 x (HSGPA) + old SAT Critical Reading section score + old SAT Math section score ACT FI = 500 x (HSGPA) + (ACT Composite x 42) + 88
The minimum FI required for admission to a: 1. Research university is 2500; 2. Comprehensive university is 2040; 3. State university is 1940; and, 4. State college requiring SAT/ACT is 1830.
Institutions may set higher requirements for admission. Students meeting the minimum FI and test score requirements are not guaranteed admission.
(BoR Minutes, Aug. 2010; Aug. 2014; Sept. 2015; Nov. 2016)
Students may also be admitted as freshmen based on alternative evidence of college readiness. The following are modified or additional requirements for specific groups of applicants.
Limited Admissions Category
In recognition of the fact that a limited number of students do not meet established standards but do demonstrate special potential for success, institutions are authorized to grant admission to a limited number of such students. Institutions will use multiple measures whenever possible, such as interviews, portfolios, and records of experiential achievements, for students being considered for Limited Admission.
The number of students who may be granted Limited Admissions will be restricted based on institutional sectors, with state colleges allowed the highest percentage for Limited Admissions. Nontraditional freshmen will not be included in the Limited Admissions percentage allowed for each institution.
Limited Admissions and the Required High School Curriculum (RHSC)
At research, comprehensive, and state universities, students granted Limited Admission must have completed the sixteen (16)-unit Required High School Curriculum, and students who graduate in 2012 or later must have completed seventeen (17) units. At state colleges, students may be considered for Limited Admission if they have a high school diploma or a state-issued high school equivalency diploma or certificate earned through the successful completion of a high school equivalency test approved by the BoR and meet the minimum SAT/ACT score requirements. A high school equivalency diploma or certificate is acceptable only if the student’s high school class has graduated. Certificates of attendance or special education diplomas are not acceptable.
Students who enter under the Limited Admissions category, including Presidential Exceptions as noted below, must make up any Required High School Curriculum unit deficiencies in accordance with USG procedures. They also must be screened, as applicable, for placement in Learning Support as outlined in Section 2.9.1, Administrative Procedures for Learning Support Programs, of the Academic and Student Affairs Handbook.
Limited Admissions and SAT/ACT Scores
In order to be considered for Limited Admission, students must meet the minimum SAT/ACT test score requirements as outlined in BOR Policy 188.8.131.52, Freshman Requirements.
Limited Admissions and the Freshman Index (FI)
The FI required for Limited Admission to a:
- Research university is 2020;
- Comprehensive university is 1830; and
- State university is 1790.
There is no minimum FI for Limited Admission to a state college.
Presidents of USG institutions may grant exceptions to the Required High School Curriculum units and FI requirements for Limited Admissions if the student shows promise for academic success in college and has at least a high school diploma or a state-issued high school equivalency diploma or certificate earned through the successful completion of a high school equivalency test approved by the BoR.
Institutions will be required to report to the USG chief academic officer on those students granted Presidential Exceptions. Presidential Exceptions must be included as part of the institution’s maximum percentage for Limited Admissions.
Alternative Requirements for Home-Schooled Students and Graduates of Non-Accredited High Schools
Applicants from home schools or graduates of non- accredited high schools may validate the Required High School Curriculum in an alternative way. SAT scores and satisfactory documentation of equivalent competence in each of the areas at the college- preparatory level may be used in lieu of the FI and Required High School Curriculum unit requirements.
A student whose SAT Total score (Critical Reading plus Mathematics) on the old SAT (administered prior to March 2016), or equivalent on the new SAT (or ACT) is at or above the average SAT score of the previous year’s fall semester first-time freshmen admitted to the USG institution to which he/she is applying and who has completed the equivalent of each of the areas as documented by the portfolio of work and/or other evidence that substantiates completion of the Required High School Curriculum qualifies for consideration for admission.
Students in this category must also meet the minimum SAT/ACT score requirements for the sector to which they are applying, as outlined in Policy 184.108.40.206, Freshman Requirements.
Applicants who achieve designated scores on each of the following SAT Subject Tests in an area will be considered to have demonstrated equivalent competence and do not need to submit additional documentation in that area: English, Literature, Math Level 1or Math Level 2 U.S. History, World History, Biology E/M, and Chemistry or Physics.
Students admitted in this category with satisfactory documentation of competence in all areas will not be counted in the institution’s Limited Admissions (including Presidential Exceptions) category. Those with qualifying SAT scores and documentation of partial completion of the Required High School Curriculum may be admitted on the same basis and with the same conditions as other students with deficiencies.
Admission of Students with Outstanding Scores
Students who demonstrate very high academic ability by achieving a SAT Total score (Critical Reading plus Mathematics) on the old SAT (administered prior to March 2016), or equivalent on the new SAT or ACT), in the upper five percent (5%) of national college-bound seniors according to the most recent report from the College Board and who show other evidence of college readiness may be admitted under this section.
Institutions must carefully evaluate such students to determine their ability to benefit from college coursework. Students admitted in this section will not count in an institution’s Limited Admissions exceptions.
Admission of International Students
Freshman international students may be admitted in another admissions category or may be admitted in a separate category for international students under established USG procedures. If these students do not meet the alternative USG admission procedures, they might be considered as Presidential Exceptions.
Admission of Students with Disabilities
Because the core curriculum of each institution requires students to complete college-level courses in English, mathematics, social science, and science, all students must complete the Required High School Curriculum in these areas. Students with disabilities that preclude the acquisition of a foreign language may petition for admission without this requirement according to procedures established by the USG.
Students with disabilities are expected to meet the sector’s minimum SAT or ACT score requirements, but should request the appropriate testing accommodations from the agencies administering the SAT or ACT.
Dual Enrollment/Joint Enrollment/Early Admission of High School Students
The USG recognizes the need to provide academically talented high school students with opportunities for acceleration of their formal academic programs. This recognition has led to the development of three organized programs:
- A dual enrollment program in which a student, while continuing his/her enrollment in high school, enrolls in a course(s) for both high school and college credit.
- A joint enrollment program in which a student, while continuing his/her enrollment in high school as a junior or senior, enrolls in courses for college credit.
- An early admissions program in which the student enrolls as a full-time college student following completion of the junior year in high school.
The minimum admissions standards for the dual enrollment, joint enrollment, and early admissions programs have been developed to allow certain students to receive both high school and college credit for some courses. Procedures for admission, course selection, and instruction can be found in Section 3.0 of the Academic Affairs Handbook.
The USG offers residential programs for gifted, talented, and motivated students at two institutions: the Advanced Academy of Georgia at the University of West Georgia, and the Georgia Academy of Mathematics, Engineering, and Sciences at Middle Georgia State University. Admissions and program requirements are established by the individual institutions.
Early Colleges enhance students’ opportunities to accelerate their education by participating in a joint high school/college program. Each Early College represents an approved partnership between a Georgia public school system and a USG institution. Students in USG-recognized Early Colleges are eligible for enrollment in college courses while they are enrolled in the Early College.
(BoR Minutes, Sept. 2014; Aug. 2014; Nov. 2016; May 2017)
Students with fewer than thirty (30) transferable semester credit hours must meet the freshman admission requirements at the institution to which they are transferring. Students who have earned thirty (30) or more semester hours must have completed any learning support and Required High School Curriculum deficiency requirements if transferring from a USG institution. Depending on the sector of the institution to which students transfer, students must meet the transfer grade point average, as indicated in the following table:
|MINIMUM SYSTEM ADMISSION STANDARDS FOR TRANSFER STUDENTS|
|SECTOR||30-59 *SEMESTER CREDITS||60 OR MORE SEMESTER CREDITS|
|Research Universities||At least 2.30 GPA** and have met all LS and RHSC requirements||At least 2.30 GPA|
|Regional and State Universities||At least 2.00 GPA** and have met all LS and RHSC requirements||At least 2.00 GPA|
|State and Associate Degree Colleges||Eligible to continue or return to sending institution||Eligible to continue or return to sending institution|
*Transferable Hours are defined as hours which would be acceptable by the receiving institution according to the USG’s and the receiving institution’s prevailing policies. These hours should include transferable hours earned at all postsecondary institutions attended.
**Transfer GPA is defined as the GPA calculated on all transferable hours (see previous definition) plus all attempted but unearned hours at regionally accredited institutions in courses applicable to transfer programs at the receiving institution.
Students completing non-transfer associate degrees (e.g., Associate of Applied Science, Associate of Science in various health areas, and Associate of Applied Technology) at regionally accredited institutions will be evaluated on an individual basis to determine their eligibility for admission.
In addition to the minimum transfer standards listed above, students must meet higher USG and/or institutional standards to be considered for priority transfer admission. Institutions must give priority consideration for admission to students transferring from another USG institution who meet these established standards. Students meeting these higher standards would be ensured of receiving priority consideration for admission. In addition, transfer students must be given the same consideration as native students in determining program admissibility.
(BoR Minutes, Aug. 2014)
In order to make the USG more accessible to citizens who are not of traditional college-going age and to encourage a higher proportion of Georgians to benefit from life-long learning, institutions may admit as many non-traditional students as is appropriate based on institutional mission, academic programs, and success in retaining and graduating non-traditional students.
The number of non-traditional students an institution enrolls will not be counted against the percent of Limited Admissions allowed each institution. Institutions may set additional criteria for admission of non-traditional students.
Non-traditional freshmen are defined as individuals who meet all of the following criteria:
- Have been out of high school at least five years and whose high school class graduated at least five years ago;
- Hold a high school diploma from an accredited or approved high school as specified in Section 220.127.116.11 of this Policy Manual or have a state-issued high school equivalency certificate or diploma earned through the successful completion of a high school equivalency test approved by the BoR; and,
- Have earned fewer than 30 transferable semester credit hours.
All non-traditional freshmen must be evaluated for Learning Support status in English (reading/writing) and mathematics using USG placement criteria (see Academic and Student Affairs 2.9.1).
For students transferring from a Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) accredited TCSG college, comparable scores from the TCSG college may be used according to guidelines issued by the USG chief academic officer.
As an alternative, an institution may allow non- traditional freshmen who have within the past seven (7) years posted SAT scores of at least 500 in both Critical Reading and Mathematics on the old SAT (administered prior to March 2016), or equivalent on the new SAT, or ACT scores of at least 21 on both English and Mathematics to exempt the placement test.
Non-traditional transfer students are defined as individuals who meet all of the following criteria:
- Have been out of high school at least five years or whose high school class graduated at least five (5) years ago; and,
- Have earned thirty (30) or more transferable hours of college credit, as defined in Section 18.104.22.168 of this Policy Manual.
A non-traditional transfer student can be admitted, according to the institution’s policy, if his/her transfer GPA is below the transfer standard for the institution’s sector. These students do not count against the number of Limited Admissions allowed for transfer students at that institution. Institutions should require placement evaluation as appropriate.
(BoR Minutes, Aug. 2014; Nov. 2016; May 2017)
Pursuant to the provisions of the Georgia Constitution, the USG establishes the following rules with respect to enrollment of persons 62 years of age or older in USG programs. To be eligible for enrollment under this provision such persons:
- Must be residents of Georgia, 62 years of age or older at the time of registration, and shall present a birth certificate or other comparable written documentation of age to enable the institution to determine eligibility.
- May enroll as a regular or auditing student in courses offered for resident credit on a “space available” basis without payment of fees, except for supplies, laboratory or shop fees.
- Shall meet all USG and institution undergraduate or graduate admission requirements. However, institutions may exercise discretion in exceptional cases where circumstances indicate that certain requirements such as high school graduation and minimum test scores are inappropriate. In those instances involving discretionary admission institutions will provide diagnostic methods to determine whether or not participation in Learning Support will be required prior to enrollment in regular credit courses. Reasonable prerequisites may be required in certain courses.
- Shall have all usual student and institutional records maintained. However, institutions will not report such students for budgetary purposes.
- Must meet all USG, institution, and legislated degree requirements if they are degree-seeking students.
- May not enroll in dental, medical, veterinary, or law schools under the provisions of this policy.
System-wide Implementation Guidelines
In recognition of the fact that a strong predictor of college success is a rigorous high school curriculum, USG institutions will award academic credit for appropriate courses in the USG core curriculum for corresponding International Baccalaureate (“IB”) subject areas in an International Baccalaureate (“IB”) Diploma Program in which the student obtained designated end of course assessment scores.
Both Standard Level (college preparatory) and Higher Level (college comparable) courses will be considered for credit. Higher Level end- of-course assessment scores of four or more and Standard Level scores of five or more suggest that the IB Program work is comparable to a college course.
The course credit schema in the table below will be used system-wide, with allowances made for variable credits in each category to account for labs, and on occasion, for depth of material covered in the IB Program subject area that may be comparable to more than one college level course.
|Semester Credit Hours Granted|
|Score||Standard Level||Higher Level|
|4||0||3 - 4|
|5||0 - 4||3 - 8|
|6 - 7||3 - 8||3 - 12|
The particular courses for which students receive college credit may vary from institution to institution, depending on what courses the institution offers. Determinations of course comparability will be made by the respective departments. Institutions shall, however, attempt to have consistency across the USG on common numbered core courses.
All institutions shall have a widely disseminated policy governing the award of course credits for IB assessments. The policy will apply to both resident and non-resident students.
A student may opt not to accept credits if he/she sees that acceptance of credits may disadvantage him/her. Further, if a student believes that the assessment of his/her work from the IB Program and subsequent awarding of credits for such is in error, he/she may file an appeal with the appropriate department chair and request a re-assessment. As with other academic matters, if the issue is not satisfactorily resolved at the department level, the student may then appeal to the dean of the respective college, with a final appeal to the vice president for academic affairs, whose decision in the matter will be final.
Individual Institution Implementation Guidelines
Along with the system-wide policy, individual institutions may choose to offer additional benefits.
(BoR Minutes, Oct. 2016)
4.2.2 Admission Requirements for Undergraduate Programs Not Leading to the Baccalaureate Degree
22.214.171.124 Admission to Career Programs
Admissions requirements for career certificates and career degrees (Associate of Applied Science degrees and Associate of Science degrees in allied health areas) depend upon the extent to which the general education component is based on Core Curriculum courses.
There are two sets of admissions requirements, as specified in Section 3.02.01 of the Academic Affairs Handbook, for:
- Programs with a Core-based general education component allowing more than twelve (12) semester hours of Core curriculum course work; and,
- Programs with non-Core general education components allowing twelve (12) or fewer semester hours of Core Curriculum coursework.
Students admitted in the career degree or certificate category who have not completed a career degree may apply for admission to programs that lead to a baccalaureate degree if they meet regular or Limited Admission requirements. Students admitted in this category can be admitted into a program leading to a baccalaureate only if
- On admission to the institution they would have met the requirements for regular or Limited Admission; or
- They show exceptional promise and are admitted as a Presidential Exception. Students admitted in this category must fulfill all learning support and CPC requirements.
126.96.36.199 Admission of Students to Certificate Programs at Designated Vocational Divisions
Students admitted to vocational divisions at Bainbridge College, Clayton State University, College of Coastal Georgia, and Dalton State College are not required to meet the CPC and FI standards for regular or Limited Admissions; however, they are required to meet the admissions standards established by the TCSG for the same or similar programs, and they must meet prerequisite requirements for Core Curriculum courses. A student seeking admission to a transfer program must meet the requirements for freshman or transfer admissions.
188.8.131.52 Admission of Non-Degree Students
Institutions may permit students to enroll as non-degree students for a maximum of twelve (12) semester credit hours, including institutional credit. Students may not enroll in any course for which there is a Learning Support prerequisite unless they have been evaluated for and have been exempted from the relevant Learning Support course (BoR Minutes, Aug. 2014).
Institutions may permit students who have earned the baccalaureate degree from a regionally accredited institution to enroll as non-degree students in courses with no limitation on the number of hours of undergraduate credit these students can earn.
184.108.40.206 Admission of Transient Students
An applicant who is enrolled in one institution and who wishes to take courses temporarily in another institution shall submit the documents outlined in Section 3.81 of the Academic and Student Affairs Handbook.
A student who is enrolled in a USG institution that is not currently affiliated with eCore, and who wishes to take online general education course(s) provided through eCore shall follow the guidelines in Section 3.8.2 of the Academic and Student Affairs Handbook. Per Board Policy 3.3.1, eCore courses, like any core curriculum course taken at a USG institution, are fully transferable to the student’s home institution or upon transfer to another USG institution (BoR minutes, October 2014).
220.127.116.11 Admission of Auditors
Students who submit evidence of graduation from a high school, as specified in Section 18.104.22.168 of this Policy Manual, or have a state-issued high school equivalency certificate or diploma earned through the successful completion of a high school equivalency test approved by the BoR, may register as auditors. Under extraordinary circumstances, the president may waive the requirement of high school diploma or equivalent. Students registered as auditors shall be required to pay the regular tuition and fees for enrollment.
4.2.3 Additional Admission Policies
22.214.171.124 Institution Admission Requirements
In addition to the Board of Regents’ and USG admission requirements, each USG institution may establish additional requirements for admission to the institution or to special programs at the institution provided that the requirements are not less stringent than any Board of Regents’ policy or guideline.
126.96.36.199 Referral of Students to Other Institutions
188.8.131.52 Right to Refuse Admission
An applicant may be declared eligible for admission, registration, enrollment, or re-enrollment at a USG institution only after satisfying all requirements established by the Board of Regents and the institution. The institution may consider the character and qualifications of the applicant in making admission decisions. In order that this examination and appraisal may be made, the applicant shall furnish to the institution such biographical and other information, including references, as may be required by the institution.
Each USG institution reserves the right to refuse admission to:
- A non-resident of Georgia;
- An applicant whose admission would cause the institution to exceed its maximum capacity;
- An applicant whose request for admission is only to a program that is already filled;
- An applicant whose transcript is from an unaccredited institution; or
- An applicant who is otherwise ineligible for admission.
184.108.40.206 Right to Limit Admissions
The Chancellor may limit the number of students admitted to an institution.
4.3.1 Out-of-State Enrollment
Each USG institution is required to file an annual report detailing the number of out-of-state students enrolled during the previous academic year (BoR Minutes, April, 1995, p. 21).
4.3.2 Classification of Students for Tuition Purposes
220.127.116.11 Description of Terms Used in the Policy
Terms used in the Tuition Classification Policy not found below can be found in the Glossary of Terms for Classification of Students for Tuition Purposes: http://www.usg.edu/student_affairs/students/tuition_classification_glossary.
An individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian.
A minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he/she can demonstrate financial independence and domicile independent of his/her parents.
An individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian, and whose parent or guardian has ceased to provide support and rights to that individual’s care, custody, and earnings.
18.104.22.168 United States Citizens
An independent student who has established and maintained a domicile in the State of Georgia for a period of at least twelve (12) consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes.
No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state.
If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within twelve (12) months of the relocation, such student shall be entitled to retain his/her in-state tuition classification.
A dependent student shall be classified as in-state for tuition purposes if such dependent student’s parent has established and maintained domicile in the State of Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term and:
- The student has graduated from a Georgia high school; or,
- The parent claimed the student as a dependent on the parent’s most recent federal or state income tax return.
A dependent student shall be classified as in-state for tuition purposes if such student’s United States court-appointed legal guardian has established and maintained domicile in the State of Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term, provided that:
- Such appointment was not made to avoid payment of out-of-state tuition; and,
- The United States court-appointed legal guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least twelve (12) consecutive months immediately preceding the first day of classes for the term.
If the parent or United States court-appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his/her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student’s parent or United States court-appointed legal guardian.
A non-citizen student shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the Board of Regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification.
International students who reside in the United States under non-immigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification.
4.3.3 Tuition Differential Waivers
See Section 7.3.4 of this Policy Manual for instances in which an institution may waive the differential between in-state and out-of-state tuition.
4.4.1 Regents’ Opportunity Grants Program
The 1978 General Assembly (H.B. 1463) amended the law creating the Georgia Higher Education Assistance Authority so as to authorize the Board of Regents to award grants, scholarships, or cancelable loans to economically disadvantaged students who are residents of Georgia enrolled in a graduate or professional degree program in a USG institution.
In compliance with provisions of this Act, the Board adopted the following criteria for the award of such scholarships:
- Each institution shall submit an annual request to the Chancellor for a specific number of scholarships and grants based upon estimated numbers of eligible candidates in the following year. The Board of Regents shall annually allocate the available positions to the institutions based on the objectives and needs of the USG institutions. The Board of Regents will notify the Higher Education Assistance Authority of the total amount of funds they are to disburse to each institution.
- To attract the most talented students from the target groups to USG programs, 100 scholarships and grants in the amount of $5,000 each per academic year shall be offered. These scholarships and grants may be utilized as part of a total student financial aid package.
- Each institution awarding the scholarships and grants shall be responsible for determining compliance with the intent and the terms of the law establishing the scholarships and shall maintain adequate records of students receiving scholarships and grants. A recipient does not have the right to transfer this scholarship to another USG institution. Each institution will make an annual report to the Chancellor on the utilization of these funds.
- To remain eligible to receive funds under this program, the recipient must maintain good standing and minimum status of effective full-time graduate study, as defined by the institution in which enrolled.
- The scholarships are renewable, and priority will be given to prior recipients who continue to meet eligibility criteria as defined by the awarding institution.
- Each institution will determine the timing and amount of payments on the scholarship and grant award.
(BoR Minutes, April 12, 1978, p. 210-211)
4.4.2 Financial Needs Analysis
Applicants for Student Financial Aid Programs that are based on need must file an acceptable needs analysis which has been approved by the United States Department of Education.
All member institutions will accept and process the Free Application for Federal Student Aid (FAFSA) for Federal and State student aid programs. In addition, institutions may elect to accept and process other needs analysis systems approved by the United States Department of Education (BoR Minutes, 1986-87, p. 135).
4.6.1 Withdrawal of Recognition of Student Organizations
The Board of Regents has determined that the use of marijuana, controlled substances, or other illegal or dangerous drugs constitutes a serious threat to the public health, welfare, and academic achievement of students enrolled in the USG. Therefore, all student organizations, including but not limited to societies, fraternities, sororities, clubs, and similar groups of students which are affiliated with, recognized by, or which use the facilities under the jurisdiction of USG institutions, are hereby charged with the responsibility of enforcing compliance with local, state and federal laws by all persons attending or participating in their respective functions and affairs, social or otherwise.
As provided by the Student Organization Responsibility for Drug Abuse Act, any such student organization which, through its officers, agents, or responsible members, knowingly permits, authorizes, or condones the manufacture, sale, distribution, possession, serving, consumption or use of marijuana, controlled substances, or other illegal or dangerous drugs at any affair, function, or activity of such student organization, social or otherwise, is hereby declared to be in violation of the laws of this state and shall have its recognition as a student organization withdrawn and, after complying with the constitutional requirements of due process, shall be expelled from the campus for a minimum of one (1) calendar year from the date of determination of guilt.
Such organization shall also be prohibited from using any property or facilities of the institution for a period of at least one (1) year. Any lease, rental agreement, or other document between the Board of Regents or the institution and the student organization that relates to the use of the property leased, rented, or occupied shall be terminated for knowingly having permitted or authorized the unlawful actions described above.
All sanctions imposed by this policy shall be subject to review procedures authorized by the Board of Regents Policy 8.6 Application for Discretionary Review. (BoR Minutes, February 2015)
An appeal to the Board of Regents shall not defer the effective date of the adverse action against the student organization pending the Board’s review unless the Board so directs. Any such stay or suspension by the Board shall expire as of the date of the Board’s final decision on the matter. (BoR Minutes, 1989-90, p. 384)
This Policy amendment is intended to implement The Student Organization Responsibility for Drug Abuse Act of 1990.
4.6.2 Violations of State or Federal Law
A student in any USG institution who is charged with, or indicted for, a felony or crime involving moral turpitude may be suspended pending the disposition of the criminal charges against him/her. Upon request, the student shall be accorded a hearing as provided in Section 4.7.1 of this Policy Manual. At such hearing, the student shall have the burden of establishing that his/her continued presence as a member of the student body will not be detrimental to the health, safety, welfare, or property of other students or members of the campus community or to the orderly operation of the institution.
Upon final conviction, the student shall be subject to appropriate disciplinary action (BoR Minutes, 1959-60, p. 306; 1983-84, p. 168).
4.6.4 Alcohol and Drugs on Campus
The Board of Regents recognizes and supports Georgia laws with respect to the sale, use, distribution, and possession of alcoholic beverages and illegal drugs, as well as the Drug-free Postsecondary Education Act of 1990 with respect to the manufacture, distribution, sale, possession, or use of marijuana, controlled substances or dangerous drugs on college campuses and elsewhere. To this end, the Board has encouraged its institutions to adopt programs designed to increase awareness of the dangers involved in the use of alcoholic beverages, marijuana or other illegal or dangerous drugs by USG students and employees. Such programs shall stress individual responsibility related to the use of alcohol and drugs on and off the campus.
To assist in the implementation of such awareness programs, and to enhance the enforcement of state laws at USG institutions, each institution shall adopt and disseminate comprehensive rules and regulations consistent with local, state and federal laws, concerning the manufacture, distribution, sale, possession, or use of alcoholic beverages, marijuana, controlled substances, or dangerous drugs on campus and at institutionally-approved events off campus.
A copy of the rules and regulations adopted by each institution shall be filed with the office of the Associate Vice Chancellor for Student Services (BoR Minutes, 1989-90, p. 383).
Disciplinary sanctions for the violation of such rules and regulations shall be included as a part of each institution’s disciplinary code of student conduct. Disciplinary sanctions for students convicted of a felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or other illegal or dangerous drugs shall include the forfeiture of academic credit and the temporary or permanent suspension or expulsion from the institution. All sanctions imposed by the institution shall be subject to review procedures authorized by Board of Regents Policy 8.6 Application for Discretionary Review. (BoR Minutes, February 2015)
The rules and regulations adopted by each institution shall also provide for relief from disciplinary sanctions previously imposed against one whose convictions are subsequently overturned on appeal or otherwise.
This policy amendment is intended to implement The Drug-Free Postsecondary Education Act of 1990.
4.7.1 Student Appeals
Final judgment on all appeals regarding admissions (including program admissions), residency, student grades, traffic citations, and the Guaranteed Tuition Plan rests with the president of the institution at which the appeal is heard; or, in the case of medical school admissions, final judgment rests with the formally constituted admissions committee of the Medical College of Georgia at Augusta University.
Any University System student aggrieved by a final decision of the president of an institution, other than those stated above, may apply to the Board’s Office of Legal Affairs for a review of the decision, in accordance with Policy 8.6 Applications for Discretionary Review; provided, however, that an application may be reviewed if (1) the record suggests that a miscarriage of justice might reasonably occur if the application is not reviewed, or (2) whether the record suggests that the institutional decision, if not reviewed, might reasonably have detrimental and system-wide significance.
(BoR Minutes, April 2010, Feb. 2015; June 2006; Feb. 2017)
4.7.2 Appeals on Other Matters
Appeals by students shall be made according to Policy 8.6 Application for Discretionary Review. (BoR Minutes, April 2010; February 2015)
4.8.1 Immunizations Against Disease During an Outbreak or Epidemic
During an epidemic or a threatened epidemic of any disease preventable by immunization at a University System of Georgia (USG) institution, and when an emergency has been declared by appropriate health authorities of this State, the President of the institution, in conjunction with the Chancellor and appropriate health authorities, may promulgate rules and regulations specifying diseases against which immunizations may be required.
Any individual who cannot show proof of immunity or adequate immunization and refuses to be immunized shall be excluded from any USG institution or facility until valid evidence of immunization against the disease is presented or the epidemic or threat no longer constitutes a significant public health danger.
4.8.2 Immunization Requirements for Students
Each USG institution shall implement immunization requirements for all new students (first-year, transfers, and others) as directed by policy consistent with recommendations provided by the Advisory Committee on Immunization Practices, developed collaboratively by the Board of Regents of the University System of Georgia and the Division of Public Health of the Georgia Department of Human Resources. Such policies shall be on file in each institution’s office of student affairs.
Each institution shall make information regarding required and recommended immunizations available to every new student, using information developed by the Division of Public Health in concert with the Office of Student Services of the Board of Regents of the University System of Georgia.
Specific institutions or departments, with concurrence of the president and the Chancellor, may require some immunizations not required for all new students by this policy. Institutions are also authorized to impose additional immunization requirements for students when, in the opinion of the president of the institution and with concurrence of the Chancellor and appropriate public health authorities, there is a substantial risk of exposure to other communicable diseases preventable by vaccination (BoR Minutes, 1990-91, p.114).
Pursuant to legislation enacted in 2003, all students residing in campus housing are required to sign a document stating that they have received a vaccination against meningococcal disease or reviewed the information provided by the institution (BoR Minutes, October 2003).
There shall be a University System Student Advisory Council, which shall provide a forum for communication and recommendation between USG students, the Chancellor, and, as appropriate, the Board of Regents, concerning problems and issues that are important in providing information and assistance in programs and activities of the member institutions.
This Council shall meet at least once annually with the Chancellor, or the Chancellor’s designee, and his/her staff for the purpose of discussing plans and growth of the USG and various problems connected therewith. The Council should prepare an annual report to be presented to the Board of Regents of the University System of Georgia at a spring meeting.
Membership of the University System Student Advisory Council shall be composed of duly elected student body presidents, or equivalent elected officers, of USG institutions. The organization and governance shall be according to policies and procedures established by the members of the University System Student Advisory Council in consultation with the Chancellor or the Chancellor’s designee, and approved by the Board of Regents (BoR Minutes, August 2004).
4.3.4 Verification of Lawful Presence
Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy Manual.
4.1.6 Admission of Persons Not Lawfully Present in the United States
A person who is not lawfully present in the United States shall not be eligible for admission to any University System institution which, for the two most recent academic years, did not admit all academically qualified applicants (except for cases in which applicants were rejected for non-academic reasons).
This policy governs USG institution establishment of intercollegiate athletics, expansion of sports, changes in intercollegiate athletic competition levels, and funding of intercollegiate athletics programs (BoR minutes, March 2013).
Participation in and enjoyment of intercollegiate athletics are important components of the overall collegiate experience and also provide valuable benefits to the communities in which universities and colleges are located. The Board of Regents of the University System of Georgia is committed to promoting such participation and opportunities within the mission, values, and goals of each USG institution. However, decisions made with respect to athletic programs may have significant financial implications for the institutions, and, subsequently, affordability for USG students. These programs must be operated in an ethically and fiscally responsible manner consistent with the rules, regulations, and principles of the national intercollegiate athletic associations and the conferences with which the institutions are affiliated (BoR minutes, March 2013).
4.5.2 Board Oversight
The Board of Regents provides oversight and broad policy guidelines for the operation and budget activities of intercollegiate athletics programs in a manner consistent with the operation of other USG units (BoR minutes, March 2013).
4.5.3 Delegation of Authority
The president of each USG institution is assigned ultimate responsibility and authority for the operation, fiscal integrity, and personnel of the institution’s athletics program, including appointment and supervision of the athletics director(s). Each president is also responsible for ensuring that the institution’s athletics program is in compliance with all applicable federal and state laws, in compliance with the regulations of any athletic conference affiliation, and that the mission, values, and goals of the athletics program are compatible with those of the institution (BoR minutes, March 2013).
4.5.4 Authorization and Approvals
Any USG institution that wants to establish an intercollegiate athletics program, expand its current intercollegiate athletics program, make a change in conference that requires significant program or resource expansion, or change competition levels, shall first obtain approval from the Board of Regents. Prior to any action on behalf of the institution, the president of the institution shall first notify the Chancellor of the scope of the intended change and the Chancellor shall determine if written notice to the Board is required. If it is determined that a formal review and approval by the Board is required, the institution shall submit for that approval a full proposal to the Board of Regents for integrated review as outlined in Section 4.5.5 (BoR minutes, March 2013).
4.5.5 Criteria for Proposal of Athletics Expansion
Consideration will be given to proposals that:
- Are based on an institution submission of a five-year operational and capital plan for intercollegiate athletics that includes projected expenditures and revenues and sources of funding including institutional funds, athletic fees, ticket sales, unrestricted endowment income, and other sources such as sponsorships, community giving, and alumni donations;
- Demonstrate support and approval for the plan based upon widespread consultation with the institution academic and student governing bodies and community constituents;
- Stipulate that grants-in-aid will be administered in strict compliance with intercollegiate athletic rules and regulations and may be funded from athletic fee revenues, unrestricted endowment income, and other allowable funding sources;
- Assure that equitable athletic opportunity will be provided for members of both sexes, so that no person, on the basis of sex, will be excluded from participation in, be denied the benefits of, or be subject to discrimination in the overall intercollegiate athletics program of the institution;
- Stipulate that the operation of intercollegiate athletics cannot come at the expense of academic programs and essential activities at an institution or by diverting funds from other major institution functions;
- Discuss the facilities implications of any required changes in or additions to capital facilities in order to upgrade intercollegiate athletics; and,
- Ensure that all funds utilized in support of the intercollegiate athletics program will be allocated, administered, and expended directly under the authority of the institution president in strict compliance with intercollegiate athletics regulations and institutional guidelines for the establishment and conduct of institution intercollegiate athletics boards (BoR minutes, March 2013).
- The USG shall annually review institutional intercollegiate athletics programs for financial and program soundness. To assist with this task, each President of an institution that participates in intercollegiate athletics shall furnish a report annually to the Chancellor that addresses academic, fiscal, and compliance issues associated with intercollegiate athletics. This annual report’s format will be prescribed in the Business Procedures Manual.
- Institutions will provide to the Chancellor copies of the annual reports submitted to the appropriate national intercollegiate athletic association and conferences regarding academic progress and graduation success rates of student-athletes.
- The Chancellor will submit a summary of the institution reports to the members of the Board and will advise the Board Chair of any Board actions needed.
- Each institution is to immediately notify the Chancellor of all NCAA/NAIA/NJCAA major infractions or investigations, conference investigations, or any other events or situations which might spark unusual public interest in the athletic program. As a part of the notification the institution should provide sufficient detail concerning the situation to ensure the USG can respond appropriately to inquiries.
- Each institution is required to report to the USG chief business officer regarding all projected/known fiscal shortfalls, where current fiscal year intercollegiate athletic expenses are expected to exceed current fiscal year intercollegiate athletic revenues, as soon as it is determined, along with the reason(s) for the shortfall and the plan in both the short and long term for resolving the issue. Projected or actual use of institutional reserves in support of intercollegiate athletics must be highlighted in the required report.
- There shall be an annual audit of any separately incorporated athletic association, with a copy of the audit to be filed with the USG chief audit officer. (BoR Minutes, March 2013, May 2016)
4.5.7 Management of Athletic Affairs
Management and control of intercollegiate and intramural athletic affairs shall be the responsibility of the respective institutional authorities. Each institution participating in a program of intercollegiate athletics is expected to take the necessary steps to ensure that its management of the program is in compliance with the provisions of applicable federal laws and the regulations of any governing body and athletic conference with which it is affiliated. (BoR Minutes, 1983-84, p. 170; May 2016)
4.6.5 Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings
(This policy will take effect Fall Semester, 2017)
This Policy establishes minimum procedural standards for investigations and resolutions of alleged student conduct violations, which each institution must incorporate into its respective student conduct policies. The purpose of this Policy is to ensure uniformity in the quality of investigations while providing for due process that affords fairness and equity in all student conduct investigations.
These procedures apply to matters relating to student misconduct, except matters relating to academic dishonesty, which may be covered under separate institutional policies. Institutions shall inform students of their procedures governing student misconduct complaints and investigations.
22.214.171.124 Reports of Student Misconduct
Institutions must provide clear notice to students and other campus community members as to how to file complaints of misconduct.
Complaints to the appropriate department and/or person(s) should include as much information as possible – such as: (1) the type of misconduct alleged; (2) the name and contact information of the individual(s) accused of misconduct; (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.
Information from complaints may be shared as necessary to investigate and to resolve the alleged misconduct. Complaints shall be investigated and resolved as outlined below. The need to issue a broader warning to the community in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) shall be assessed in compliance with federal law.
Where appropriate, complainants may file a law enforcement report as well as an institutional report, but are not required to file both.
- Confidentiality: Where a complainant or alleged victim requests that his or her identity be withheld or the allegation(s) not be investigated, the institutions should consider whether or not such request(s) can be honored while still providing a safe and nondiscriminatory environment for the institution and conducting an effective review of the allegations. The institution should inform the requesting party that the institution cannot guarantee confidentiality.
- Retaliation: Anyone who, in good faith, reports what she or he believes to be student misconduct participates or cooperates in, or is otherwise associated with any investigation, shall not be subjected to retaliation. Anyone who believes he or she has been the target of retaliation for reporting, participating or cooperating in, or otherwise being associated with an investigation should immediately contact the appropriate department or individual(s) for that institution. Any person found to have engaged in retaliation in violation of the student conduct policy shall be subject to disciplinary action, pursuant to the institution’s policy.
- 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.
- Amnesty: Students should be 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.
126.96.36.199 Process for Investigating and Resolving Disputed Reports
Jurisdiction: Each institution shall take necessary and appropriate action to protect the safety and well-being of its community. Accordingly, student conduct should be addressed when such acts occur on institution property, at institution-sponsored or affiliated events, or otherwise violate the institution’s student conduct policies, regardless as to where such conduct occurs. If the student has admitted responsibility and has voluntarily decided to participate in the informal process, the procedures outlined in this section will not apply.
Access to Advisors: The respondent and alleged victim (where applicable), as parties to these proceedings, shall have the right to have an advisor (who may or may not be an attorney) of his or her choosing, and at his or her 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 his or her advisee is present. The advisor may advise his or her advisee in any manner, including providing questions, suggestions, and guidance on responses to any questions posed to the advisee, but shall not participate directly during the investigation or hearing process. The institution shall not prohibit family members of a party from attending the hearing if the party requests such attendance, but may limit each participant to having two family members present.
Initial Evaluation of Student Conduct Reports: Regardless of how an institution becomes aware of misconduct, the institution shall ensure a prompt, fair, and impartial review and resolution of complaints alleging student misconduct. Where a report of student misconduct has been made to the appropriate department and/or person, the institution shall review the complaint to determine whether the allegation(s) describes conduct in violation of the institution’s policies and/or code of conduct. If the reported conduct would not be a violation of the institution’s policies and/or code of conduct, even if true, then the report should be dismissed. Otherwise, a prompt, thorough, and impartial investigation, and review shall be conducted into each complaint received to determine whether charges against the respondent should be brought.
Where a report of student misconduct alleges sexual misconduct or other forms of harassment and/or discrimination, the report will be referred to and the investigation will be conducted through or as directed by the appropriate office trained and equipped to investigate such matters.
Any report that involves allegation(s) of conduct that could lead to the suspension or expulsion of the respondent(s) in an initial violation must be promptly reported to the System Director by the institution. The System Director will work with the institution to determine whether any interim measure(s) are necessary, to assign an investigator and will collaboratively supervise the investigation with the appropriate institution professional (e.g., the Title IX Coordinator, Dean of Students). 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 oversight from the System Director, then the institution shall report that case to the System Director or her designee prior to proceeding.
Interim measures may be provided by the institution at any point during an investigation and should be designed to protect the alleged victim and the community. To the extent interim measures are imposed, they should minimize the burden on both the alleged victim and the respondent, where feasible. Interim measures may include, but are not limited to:
- Change of housing assignment;
- Issuance of a “no contact” directive;
- Restrictions or bars to entering certain institution property;
- Changes to academic or employment arrangements, schedules, or supervision;
- Interim suspension; and
- Other measures designed to promote the safety and well-being of the parties and the institution’s community.
An interim suspension should only occur where 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 should consider the existence of a significant risk to the health or safety of the alleged victim or 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.
Before an interim suspension is issued, the institution must make all reasonable efforts to give the respondent the opportunity to be heard on whether his or her presence on campus poses a danger. If an interim suspension is issued, the terms of the suspension take effect immediately. Upon request, the respondent will have an opportunity to be heard by the respective conduct officer, Title IX Coordinator, or System Director, as appropriate, within three business days in order to determine whether the interim suspension should continue.
Throughout any investigation and resolution proceedings, a party 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 an adverse inference resulting. If a party chooses to remain silent or otherwise not participate in an investigation, the investigation may still proceed and policy charges may still result and be resolved. Additionally, in any investigation involving allegations of sexual misconduct, timely notice of meetings shall be provided to each party of any meeting at which the complainant, respondent or alleged victim may be present. Timely and equal access to information that will be used during the investigation will be provided to the complainant, respondent and alleged victim (where applicable).
Where the potential sanctions for the alleged misconduct may involve a suspension or expulsion (even if such sanctions were to be held “in abeyance,” such as probationary suspension or expulsion) the institution’s investigation and resolution procedures must provide the additional minimal safeguards outlined below.
- The alleged victim and respondent shall be provided with written notice of the complaint/allegations, pending investigation, possible charges, possible sanctions, and available support services. The notice should also include the identity of any investigator(s) involved. Notice should be provided via institution email to the address on file.
- Upon receipt of the written notice, the respondent shall have at least three 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. Any alleged victim shall also be provided three business days to respond to or to supplement the notice.
- If the respondent admits responsibility, the process may proceed to the sanctioning phase or may be informally resolved, if appropriate.
- 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.
- 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.
- The initial investigation report shall be provided to the respondent and the alleged victim (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.
- The final investigation report should be provided to the misconduct panel or hearing officer for consideration in adjudicating the charges brought against the respondent. A copy shall also be provided to the respondent and alleged victim (where applicable) before any hearing. 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.
In no case shall a hearing to resolve charge(s) of student misconduct take place before the investigative report has been finalized.
Where the respondent indicates that he or she contests the charges, the matter shall be set for a hearing and once the investigative report has been finalized and copies provided to the respondent and alleged victim (where applicable); however, the alleged victim (where applicable) and respondent may have the option of selecting informal resolution as a possible resolution in certain student misconduct cases where they mutually agree, except where deemed inappropriate by the Vice President for Student Affairs (or his/her designee) or the System Director.
Where a case is not resolved through informal resolution or informal resolution is not available due to the nature of the charges, the respondent shall have the option of having the charges heard either by an administrator (hearing officer) or a hearing panel. However, all cases involving charges of sexual misconduct that go to a hearing shall be heard by a panel of staff and/or faculty. Sexual misconduct panel members shall receive appropriate annual training as directed by the System Director or Coordinator and required by the Clery Act. If an administrative hearing is requested, the respondent shall use his or her discretion to determine whether the case should be heard by a hearing panel. 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 business days prior to the hearing. Notice shall be provided via institution email where applicable. Additionally, the following standards will apply to any such hearing:
The respondent shall have the right to present witnesses and evidence to the hearing officer or panel. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the case being heard. Both 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 Panel 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 Panel shall err on the side of asking all submitted questions and must document the reason for not asking any particular questions.
Where the hearing officer or panel determines that a party or witness is unavailable and unable to be present due to extenuating circumstances, the hearing officer or panel 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 make a determination 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 panel 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 Panel, and the opposing party must have the opportunity to view the testimony remotely and to submit follow-up questions.
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; however, any decision to suspend or to expel a student must also be supported by substantial evidence at the hearing.
Institutions should maintain documentation of the proceedings, which may include written findings of fact, transcripts, audio recordings, and/or video recordings.
Following a hearing, both the respondent and alleged victim (where applicable) shall be simultaneously provided a written decision via institution email (where applicable) of the outcome and any resulting sanctions. The decision should include details on how to appeal, as outlined below. Additionally, the written decision must summarize the evidence in support of the sanction. The same form will be completed, regardless of whether the student opts for a hearing panel or an administrative proceeding.
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 hearing panel, hearing officer or administrator that found that a policy violation occurred 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.
Where the sanction imposed includes a suspension or expulsion (even for one held in abeyance), the following appellate procedures must be provided. The alleged offender (and in cases involving sexual misconduct or other forms of discrimination and/or harassment, the alleged victim) shall have the right to appeal the outcome on any of the following grounds: (1) 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; (2) to allege a procedural error 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; or (3) to allege that the finding was inconsistent with the weight of the information.
Appeals may be made for the above reasons in any case where sanctions are issued, even when such sanctions are held “in abeyance,” such as probationary suspension or expulsion. The appeal must be made in writing, and must set forth one or more of the bases outlined above, and must be submitted within five business days of the date of the final written decision. The appeal should be made to the institution’s Vice President for Student Affairs or his/her designee.
The appeal shall be a review of the record only, and no new meeting with the respondent or any alleged victim is required. The Vice President, or his or her designee, may affirm the original finding and sanction, affirm the original finding but issue a new sanction of lesser severity, remand the case back to the 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 Vice President or his or her designee shall then issue a decision in writing to the respondent within a reasonable time period.
The decision of the Vice President or his or her designee may be appealed in writing within five 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 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 the 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’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 alleged victim (where applicable) wish to appeal the President’s decision, he or she may request review by the Board of Regents in accordance with the Board of Regents’ Policy on Discretionary Review.
188.8.131.52 Recusal/Challenge for Bias
Any party may challenge the participation of any institution official, employee or student panel member in the process on the grounds of personal bias by submitting a written statement to the institution’s designee setting forth the basis for the challenge. The designee shall not be the same individual responsible for investigating or adjudicating the conduct allegation. The written challenge should be submitted within a reasonable time after the individual knows or reasonably should have known of the existence of the bias. The institution’s designee will determine whether to sustain or deny the challenge and, if sustained, the replacement to be appointed.
4.5.8 Funding of Intercollegiate Athletic Programs
For the purpose of this policy, the USG has adopted the definitions of revenues and expenses provided by the NCAA for the Financial Reporting System as outlined below and to be further defined in the USG Business Procedures Manual. The NCAA Financial Reporting System aims to capture all revenues and expenses on behalf of an institution’s intercollegiate athletics program, including those by outside entities, i.e. foundations, booster clubs, etc. and institutions similarly shall include all intercollegiate athletics revenue and expense to include entities operating on behalf of the institution’s athletics program.
As used in this Policy, “Athletics Operating Revenue” is the total revenue generated by the institution’s intercollegiate athletics program. “Direct Institutional Support” is the direct financial support provided by the institution to the athletics programs, e.g., tuition funds used to support intercollegiate athletic activities. “Subsidy” is the sum of direct institutional support and student fees and does not include the value of out-of-state tuition waivers. “Subsidy Percentage” is the subsidy divided by athletics operating revenue as defined in the USG Business Procedures Manual. “Athletics Operating Expense” is the total expense spent by the institution’s intercollegiate athletics program. Athletics Operating Revenue, Direct Institutional Support, Subsidy, Subsidy Percentage, and Athletic Operating Expense shall be further defined in the USG Business Procedures Manual.
Institutions may expend Education & General fund resources on behalf of the institution’s intercollegiate athletics program except as noted: Institutions must not expend Fund 10000 state appropriations on athletics and must not expend Education & General fund resources in support of athletic scholarships.
A. A form will be provided to ensure a standardized reporting format for each institution to annually report its intercollegiate athletics revenues and expenses in accordance with Section 184.108.40.206.
B. The subsidy percentage shall not exceed:
- 10% for NCAA DI-A institutions affiliated with the ACC, Big Ten, Big 12, Pac-12 or SEC; often referred to as the Power 5;
- 65%: NCAA DI-A institutions affiliated with other conferences;
- 75% for NCAA Division I-AA institutions;
- 80% for NCAA Division II institutions;
- 85% for NAIA and NJCAA institutions.
C. Except for the Power 5 institutions, total athletic operating expenses may not increase by more than 5% annually unless approved in advance by the Chancellor.
D. Effective July 1, 2016, each institution exceeding the allowable subsidy percentage in the prior fiscal year shall submit to the Chancellor a plan for approval that reduces the subsidy over a fiscal year period, not to exceed four years, until the subsidy percentage complies with the requirements of subsection B. Failure to be in compliance in four years shall, at the discretion of the Chancellor, result in athletics programming mandates from the Chancellor including but not limited to reduction/change in sport offerings, change in conference affiliation, and change in governing body/division membership. Any institutions below these caps as of July 1, 2016 for Fiscal Year 2016 but exceeding them in a future fiscal year will have one year to get back in compliance.
4.5.9 Athletic Programs in Associate Degree Institutions
The USG associate degree institutions are authorized to establish and participate in a program of intercollegiate and intramural athletics. Intercollegiate football programs may be established only with prior approval of the Board (BoR Minutes, 1993-94, p. 185).