Resolution #11-13
Author: Paul Yacisin
Sponsors: Stacey Godfrey, John McCormick, Ben Salt
SGA disapproval of new UGA Policies for Summary Dismissal and Interim
Suspension of Student Organizations
THE STUDENT BODY OF THE UNIVERSITY OF GEORGIA THROUGH ITS
ELECTED MEMBERS OF THE STUDENT GOVERNMENT ASSOCIATION
DOES HEREBY RESOLVE:
Whereas, the President of the University of Georgia has approved a new Summary
Dismissal Policy that grants authority to the Director of Judicial Programs,
"or designee," to "impose a summary dismissal if a student is charged with
or indicted for a felony or crime involving moral turpitude" or if there is
"substantial information" of same.
Whereas, the new Summary Dismissal Policy also includes a summary dismissal for
"other acts, or engaged in a pattern of behavior significantly detrimental to
the University community or behavior which indicates a significant threat
of harm to the University community."
Whereas, there is no right of appeal to contest such charges on the evidence, but
only on the status of the charges or on the status of the "substantial
information."
Whereas, the suspension takes place immediately upon notification of the decision
by the Director of Judicial Programs, and thus before the filing of an
appeal.
Whereas, the President of the University has also approved a new Policy on Interim
Suspension of Student Organizations that grants authority to the Associate
Vice President for Student Affairs to interim suspend a student
organization for "alleged violations of University Regulations," for
"continued activity of the organization [that] could lead to further
violations," or for "an alleged action of the organization [that] is of... an
egregious nature."
Whereas, no hearing or Student Judiciary proceeding takes place under the Summary
Dismissal Policy before the summary dismissal of a student and as "a
hearing is not required" under the Policy on Interim Suspension of
Student Organizations.
Whereas, the language of both of the above mentioned policies are overly
broad and vague.
Whereas, no officials of the Student Government Association, nor officers of any
student organization were consulted or informed of the above policies
before submission for approval for the President of the University.
Whereas, the above policies do not observe the Constitutional principles of the
presumption of innocence and due process and as such violate the civil
rights of students and student organizations.
SGA (11-13)
BE IT RESOLVED THAT:
The Student Government Association of the University of Georgia on behalf of the
student body requests that the President of the University suspend implementation of the
Summary Dismissal Policy and the Policy on Interim Suspension of Student
Organizations until they can be revised.
Be it further resolved that the Student Government Association requests that the
Summary Dismissal Policy be revised to allow an emergency Student Judiciary hearing
before a Summary Dismissal can be implemented and that the hearing allow the charges
themselves or "substantial information" thereof to be contested, as well as the status of
those charges or "substantial information" thereof.
Be it further resolved that the Student Government Association requests that the Policy
on Interim Suspension of Student Organizations be revised to require a hearing before the
Associate Vice President for Student Affairs interim suspend a student organization.
Be it further resolved that the Student Government Association requests that the language
of the Summary Dismissal Policy and the Policy on Interim Suspension of Student
Organizations be rewritten for greater specificity of the grounds for suspension.
Be it further resolved that the Student Government Association requests that the relevant
officials of the University Administration consult with representatives from the Student
Government Association and other student organizations while revising the Summary
Dismissal Policy and the Policy on Interim Suspension of Student Organizations.
AMENDMENT #1 TO RESOLUTION #11-13:
(To be inserted between Be It Resolved Paragraph #2 and #3)
Be it further resolved that the Student Government Association requests that the
Summary Dismissal Policy be revised to allow the charges themselves or the "substantial
information" thereof to also be contested before the appeal review panel convened by the
Vice President for Student Affairs.
AMENDMENT #2 TO RESOLUTION #11-13:
(To be inserted between Be It Resolved Paragraph #3 and #4)
Be it further resolved that the Student Government Association requests that the Policy
on Interim Suspension of Student Organizations be revised to establish a maximum limit
of one year on the interim suspension of a student organization.
Summary Dismissal Policy
In recognition of the University's responsibility to protect the physical safety, health, and welfare
of members of the University community, the University has established a summary dismissal
policy. The purpose of this policy is to provide for the immediate removal of a student from the
University environment if certain conditions are present.
The Director of Judicial Programs, or designee, shall have the authority to impose a summary
dismissal if a student is charged with or indicted for a felony or crime involving moral
turpitude or if there is substantial information that:
1) the student has committed an extreme act of physical violence; or
2) the student has engaged in the manufacture, sale, distribution, or possession of a
significant quantity of a controlled substance; or
3) the student has been in possession of a firearm in any University owned or leased
facility; or
4) the student has committed other acts or engaged in a pattern of behavior
significantly detrimental to the University community or behavior which indicates
a significant threat of harm to the University community.
The Director of Judicial Programs or designee may consult with whomever he or she deems
appropriate prior to making a decision to implement the summary dismissal, including the
student, law enforcement personnel, academic personnel, medical or mental health professionals,
or parent(s). if the Director or designee deems it necessary to implement the summary dismissal,
the student shall be notified in writing of the decision. The summary dismissal begins once
written notice is given to the student.
A student may request that the Director of Judicial Programs review the decision for summary
dismissal. A student must put the request in writing and submit it to the Director who will have
10 business days to respond. This decision of the Director may be appealed to the Vice President
for Student Affairs. The Vice President for Student Affairs will convene a panel composed of (3)
three members of the Student Incident Response Panel to review the appeal and provide a
recommendation to the Vice President for Student Affairs. The responsibility of the panel is to
consider whether the summary dismissal was based on one of the four grounds. The student will
be afforded the opportunity to present the appeal to the panel and may present witnesses or
evidence on his or her behalf. The student may choose to personally present the appeal or have a
representative make the presentation. Given that this is an appeal, the student will present first,
followed by the response of the Director of Judicial Programs.
The panel will make a written recommendation to the Vice President for Student Affairs who
will issue a decision to the student in writing. Given the nature of these cases, the summary
dismissal shall stay in effect unless removed by the Director of Judicial Programs, or designee, or
overturned on appeal.
Should the Vice President for Student Affairs uphold the summary dismissal, the student has the
right to file an appeal in accordance with the procedures in Board of Regents Policy 407.01.
Policy on Interim Suspension of Student Organizations
Any or all of the activities of a student organization may be temporarily suspended while the
organization is under investigation or engaged in the disciplinary hearing process for alleged
violations of University Regulations.
Student organizations are subject to interim suspension under one or more of the following
conditions:
1 . When the continued activity of the organization could lead to further violations of
University Regulations.
2. When the continued activity of the organization could create a condition that
endangers the health, safety or property of the University, students, faculty, staff,
or other student organizations.
3. When an alleged action of the organization is of such an egregious nature as to
require an immediate response.
The Director of Judicial Programs and/or the Director of Student Activities may recommend to
the Associate Vice President for Student Affairs that a student organization should receive an
interim suspension. The Associate Vice President may consult with whomever he or she deems
appropriate prior to making a decision to implement an interim suspension, but a hearing is not
required. If the Associate Vice President deems it necessary to implement an interim suspension,
the organization shall be notified in writing of the decision and the organization's right to appeal
the decision to the Vice President for Student Affairs.
The decision of the Associate Vice President may be appealed by the student organization to the
Vice President for Student Affairs. The grounds for the appeal must show that the Associate
Vice President's decision does not conform with this policy. The decision of the Associate Vice
President shall remain in effect during the appeal. The Vice President for Student Affairs will
issue a decision to the student organization in writing.
The interim suspension of a student organization shall continue until one of the following occurs:
1 . A disciplinary hearing panel finds the organization not in violation of any
University Regulations.
2. A disciplinary hearing panel finds the organization in violation of University
Regulations, assigns a penalty for the violation and all appeals are exhausted.
3. The Associate Vice President for Student Affairs determines that the interim
suspension is no longer necessary.