Conduct Procedures
This information is from Major Facts, the student handbook. The information printed is as accurate and up-to-date as possible. However, this does not preclude the possibility of changes taking place during the academic year. Any changes will be updated on this website.

CONDUCT PROCEDURES - General

Anyone wishing to report an alleged incident of misconduct under this Code may make such report to the Office of Student Life or the Office of Campus Safety. Reports generated by Housing and Residence Life, Student Life staff, as well as by Millsaps Campus Safety Officers will be forwarded to the Student Life Office. A determination of whether action should be taken in response to a report will be made by the administrators of Student Life. If it is determined that further action should be taken, the case will be assigned to a Conduct Officer by the Office of Student Life. Any incident should be submitted in writing as soon as possible after the incident occurred.

The Office of Student Life will notify the accused student in writing that he or she must make an appointment for a preliminary meeting within five (5) days of the date on the written notice. Failure to schedule or attend this preliminary meeting will automatically result in formal charges of possible violations as described below.

The Conduct Officer will hold a preliminary meeting with the accused student to review the report as well as ascertain the accused student’s perspective of the incident. The Conduct Officer will refer the student to the Code of Conduct. The Code may be found on the web at http://millsaps.edu or a copy may be provided upon request. In this meeting, the accused student will be asked to decide whether or not he or she wishes to accept responsibility for having violated the Code of Conduct.

If a student accepts responsibility for having violated the Code of Conduct and thereby waives the option of a hearing, the student shall have the following options as to how sanctions will be determined:
1. The student may have the Conduct Officer recommend appropriate sanction(s).
2. The student may choose to meet with another Conduct Officer to have that Conduct officer recommend appropriate sanction(s).
This selection shall be made in writing and recorded by the Conduct Officer.

If a student does not accept responsibility for having violated the Code of Conduct, the Conduct Officer will conduct an investigation to determine if the matter should proceed to formal charges of possible violations, or if it can be disposed of administratively by mutual agreement of the parties involved on a basis acceptable to the Office of Student Life.

If the matter is not resolved following the investigation or is not resolved administratively by mutual agreement of all involved parties, the student will receive a letter stating the formal charges of possible violations. A copy of documents relevant to the case will be given to the accused student and the complainant at least three (3) calendar days in advance of the hearing. These formal allegations of possible violations will be referred to a hearing and a copy of documents relevant to the case will be forwarded to the appropriate judicial body.

The student shall have the following options for a hearing:
1. The student may choose a hearing with another Conduct Officer serving as the hearing officer and to determine the appropriate sanction(s), if any.
2. The student may choose a hearing with the College Judicial Council serving as the hearing panel and to determine the appropriate sanction(s), if any.
This selection shall be made in writing and recorded by the Conduct Officer.

If an accused student or organization fails to respond to any notification in writing concerning the conduct process, the case will be automatically referred to a hearing with the College Judicial Council.

The College reserves the right to place a “hold” on the diploma, degree certification, official transcripts, or registration of the accused student even though he or she may have completed all academic requirements. The diploma, degree certification, official transcripts, or registration may be withheld until the conduct charges have been resolved and/or sanctions as well as other conduct obligations completed.

CONDUCT PROCEDURES - Greek Organizations & Student Organizations

Anyone wishing to report an alleged incident of misconduct under this Code may make such report to the Office of Student Life. Reports generated by Residence Life and Sorority and Fraternity Life staff as well as by Campus Safety Officers will be forwarded to the Office of Student Life. A determination of whether action should be taken in response to a report will be made by the Office of Student Life. If it is determined that further action should be taken, the case will be assigned to a Conduct Officer by the Office of Student Life. Matters involving Greek organizations may also be referred to the Office of Sorority and Fraternity Life’s Interfraternity Judicial Council or Panhellenic Judicial Council.

In cases pertaining to student organizations, the organization’s president shall represent the organization during all conduct proceedings.

HEARING PROCEDURES - Conduct Officer, College Judicial Council

The Vice President for Student Life and Dean of Student’s designee or the College Judicial Council, may require any student of the College to attend and/or testify at any hearing or meeting regarding a conduct matter that is covered under this Code. The Vice President for Student Life and Dean of Student’s designee, Conduct Officer, or College Judicial Council may request faculty or staff members to attend and/or testify at a hearing or meeting or furnish a written statement.

Notification in writing of a hearing before a Conduct Officer, or the College Judicial Council as well as the date and time of this hearing will be sent to the student or organization president at least seven (7) calendar days before the scheduled date of the hearing. At this hearing, a decision of “responsible” or “not responsible” will be made, based upon the available information and evidence presented at the hearing, with or without the accused being present. If it is determined that a violation has occurred, a sanction will also be determined and the student/organization president will be notified in writing.

The hearing shall be conducted by the appropriate judicial body (Conduct Officer, or College Judicial Council) and all may require any student to testify at the hearing. Rules of evidence that apply in courts of law shall not apply in such hearings. The hearing shall be closed to everyone except the judicial body, appropriate staff, the accused student or organization president, complainant, advisors to the accused student or organization president and the complainant, as well as witnesses during the actual time of their testimony.

As used in the remainder of this Section and the following Section, references to the Judicial Council and the Chair shall also refer to the Vice President for Student Life and Dean of Student’s designee or a Conduct Officer.

The accused student or organization president and the complainant may be assisted by an advisor of his/her choice. The advisor must be a member of the Millsaps College faculty or staff, or a student currently enrolled full time. The advisor may not be an attorney. In fraternity and sorority cases, the fraternity advisor or sorority adviser may serve as a hearing advisor, but may not be an attorney.

The advisor acts as either the complainant’s or accused student’s support person during the hearing. The advisor may assist the student in the preparation prior to the hearing, but may not speak during the hearing.

Advisors are allowed to:
a. Be present at the hearing until such time as the judicial body retires to deliberate the decision. However, if the accused student, complainant, or their advisors fail to appear at the hearing, the hearing may be held in the absence of either or both.
Both the complainant and the accused student or organization president are allowed to:
a. Be present at the hearing until such time as the judicial body retires to deliberate the decision. However, if either the accused student or organization president, complainant, or their advisors fail to appear at the hearing, the hearing may be held in the absence of either, all, or both.
b. Present tangible and documentary evidence; and evidence by witness, or by signed written statements of witnesses who do not attend the hearing, including the signed written statements of the complainant or the accused. If witnesses fail to appear, the hearing shall be held in their absence. It is the responsibility of the accused student and the complainant to notify any additional witnesses not called by the hearing body. Additional witnesses must have the prior approval of the Vice President for Student Life and Dean of Student’s designee or Chair of the judicial body. All witnesses should be notified of the date, time, and place of the hearing by the accused student or by the complainant.
c. Question all witnesses who give evidence at the hearing directly or through written questions presented through the Chair.
The Chair of the Judicial Council or Conduct Officer shall have final decision on what evidence may be presented and the tone of questioning. The Chair or Conduct Officer may decide to stop questions at any time.

HEARING DECISIONS

Conduct Officer, College Judicial Council The Conduct Officer or the College Judicial Council deliberates and decides whether the accused student or organization has violated the Code. These judicial bodies determine whether a violation occurred based on whether there is a preponderance of evidence. The hearing body may decide that the student or organization is in violation of a less serious conduct charge. A determination that a student or organization has violated the Code of Conduct requires a simple majority vote. In the case of a tie, the Chair shall cast the deciding vote.

If the finding of “responsible” (i.e., “in violation”) is determined, the judicial body shall be provided with the record of any previous disciplinary proceedings in which the student or organization was found in violation. On the basis of the hearing and the student’s or organization’s previous record, a decision will be made regarding sanctions by a simple majority vote. In the case of a tie, the Chair shall cast the deciding vote.

Sanctions are based upon the attitudes of the involved student(s), seriousness of the matter, and conduct history of the student or organization.

Whether the Conduct Officer, or the College Judicial Council acts as the judicial body, a written decision will be issued in a reasonable time after the date of the hearing. This decision includes: 1) a statement of charges of possible violations; 2) a summary of the facts in the case; 3) the decision; 4) a brief statement of the hearing body’s reasoning; and, if a violation is found, 5) sanction(s).

All decisions of the College Judicial Council or Conduct Officer shall be reviewed for completeness by the Vice President for Student Life and Dean of Student’s designee. If the designee was the investigating Conduct officer for a case, the Council’s decision will be reviewed for completeness by the Vice President for Student Life and Dean of Students. The academic dean of the College in which the student is enrolled will be advised of any decision resulting in a sanction of suspension or expulsion.
The accused shall receive written notice of the outcome of the hearing as described above. To the extent permitted by law, the complainant shall also receive written notice of the outcome of the hearing.

SANCTIONS

Conduct Officer, or College Judicial Council The following sanctions, singularly or in combination, may be imposed upon any student or organization found to have violated the Code of Conduct:

Warning: A notice in writing to the student that the student has violated institutional regulations and must cease and not repeat the inappropriate action.

Probation: A written reprimand for violation of specified regulations. Probation may be either college probation and/or residence hall probation. For student organizations, probation may include social probation. Probations are for a designated period of time and include the probability of more severe disciplinary sanctions if the student is found to be in violation of any institutional regulations during the probationary period. College probation signifies that if there are additional violations, a student may place his/her status at the college in jeopardy. Residence hall probation signifies that if there are additional violations, a student may place his/her housing status in jeopardy.

Loss of Privileges: Denial of specified privileges for a designated period of time. This sanction may include, for example, denial of the right to represent the College in any way, denial of the use of campus facilities, or denial of parking privileges.

Restitution: Compensation for loss, damage, or injury. This may take the form of service, monetary compensation, or material replacement.

Educational Sanctions: Projects, classes, or assignments designed to educate a student in connection with the effects of his/her behavior.

Residence Hall Suspension: Separation of the student or organization from the residence halls for a definite period of time, after which the student or organization may be eligible to return. Conditions for readmission may be specified. (Note: This is in addition to the residence hall suspension referred to in the Housing Agreement. This Agreement provides that temporary, permanent, or immediate suspension may be imposed upon a student by the Director of Residence Life at any time when there is reason to believe, based on available facts, that the student represents a threat to the safety, health, or welfare of herself/himself, other persons or property.)

Suspension: Separation of the student or organization from the College for a definite period of time, after which the student may be eligible to return. Conditions for readmission may be specified.

Expulsion: Permanent separation of the student or organization from the College.

Other: Other sanctions as deemed appropriate by a hearing body or a Conduct Officer.

Sanctions are based upon the circumstances of the incident, seriousness of the matter, and conduct history of the student or organization.
Conduct sanctions for Residence Hall Suspension, Suspension, and Expulsion shall be entered permanently on a student’s record. Sanctions for College Probation shall be entered on a student’s record for the term of the probation.

NOTIFICATION Formal notification of conduct action resulting in College Probation, Residence Hall Suspension or removal, suspension and expulsion shall be forwarded to the Dean of the College by the Office of Student Life.

RETENTION OF CONDUCT RECORDS The Office of Student Life shall maintain files on all undergraduate student conduct reports, records, and hearing proceedings for a minimum of seven (7) years.

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