If the CRL chooses to pursue an informal resolution of misconduct, the CRL should arrange to meet with the student who allegedly violated the code of conduct. While it is better for the accused student to be present at his/her meeting with the CRL, if notice has been given to the student by the student’s KSU email account of the date, time, and place of the meeting and the student does not attend, then the CRL may make a decision based on the evidence gathered without the student’s input.

If the student is present, during the meeting between the CRL and the accused student, the following shall take place.

1. The CRL shall inform the student of the alleged misconduct, including some evidence to support the accusation.

2. The CRL must give the student the opportunity to respond to the accusation. Once the student has a chance to respond, the CRL shall proceed as follows:

• If the CRL finds the student responsible based upon a preponderance of the evidence, or if the student freely, without coercion, accepts responsibility for the misconduct (with or without a written explanation) for the misconduct, then:
• Prior to deciding upon the sanctions for the misconduct, the CRL should check to see whether the student has a prior record of misconduct at Kennesaw State University.
• The CRL has the prerogative of determining appropriate sanctions within the framework of the Disciplinary Measures listed in section X of the KSU Student Code of Conduct, with the following limitations. In no case may the CRL impose expulsion or suspension from the university, or removal from on-campus housing. Those particular sanctions may only be imposed after the filing of SCAI charges, and only if a student has been found responsible for violating the KSU Student Code of Conduct or Residential Code of Conduct after completion of a hearing by either the Director or Associate Director for Residence Life or the SCAI Assistant Director for Residential Misconduct (or designee) or a university court hearing.
• The CRL must assure that appropriate information about the matter and the hearing is entered into the SCAI records software system.

Alternatively, if the CRL chooses to file formal SCAI charges, which shall result in the case being referred to and heard by either the Director or Associate Director for Residence Life or the SCAI Assistant Director for Residential Misconduct (or designee) serving as a hearing officer, or by a university court panel hearing because the charge is of such a serious nature that the student faces possible removal from on-campus housing, and/or suspension or expulsion from the university, the following shall take place.

1. The hearing officer shall contact the student who allegedly violated the code of conduct by the student’s KSU email account and inform him/her of the alleged misconduct and set a date, time and place for an administrative hearing/disciplinary meeting before the hearing officer. In the same communication, the hearing officer must also inform the accused student of his/her right to request a university court panel hearing and request an advisor in lieu of the disciplinary meeting with the hearing officer giving the accused student a deadline by which time the student must request such a panel hearing.

2. If the accused student is eligible to request a university court panel hearing and does so in a timely manner, then the case will be referred to the Director of the SCAI Dept. who shall set up the university court hearing in accordance with sections IV, V, and VI of these SCAI policies and procedures.

3. If the student does not request a university court panel hearing by the deadline, then the disciplinary meeting with the hearing officer shall take place. While it is better for the accused student to be present at his/her meeting with the hearing officer, if notice has been given to the student by KSU email of the date, time, and place of the meeting and the student does not attend, then the hearing officer may make a decision based on the evidence gathered without the student’s input.

4. If the student is present, then during the meeting between the hearing officer and the accused student, the following shall take place. The hearing officer shall inform the student of the alleged misconduct, including some evidence to support the accusation.

5. The hearing officer must give the student the opportunity to respond to the accusation. Once the student has a chance to respond, the hearing officer shall proceed as follows:

• If the hearing officer finds the student responsible based upon a preponderance of the evidence, or if the student freely, without coercion, accepts responsibility for the misconduct (with or without a written explanation) for the misconduct, then:
• Prior to deciding upon the sanctions for the misconduct, the hearing officer should check to see whether the student has a prior record of misconduct at Kennesaw State University.
• The hearing officer has the prerogative of determining appropriate sanctions within the framework of the Disciplinary Measures listed in section X of the KSU Student Code of Conduct.
• The hearing officer must assure that appropriate information about the matter and the hearing is entered into the SCAI records software system.