Counseling and Career Development Center

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Georgia Southern University Student Conduct Policy

Sexual Assault is defined as "sexual penetration, no matter how slight, of the genital, anal, and/or oral opening of the victim by any part of the perpetrator's body or by the use of an object, without the victim's consent or against the victim's will where the victim: (1) is forced or has reasonable fear that the victim or another will be injured if the victim does not submit to the act; (2) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity, which includes, but is not limited to, the influence of drugs or alcohol; (3) suffers from a mental or physical disability."

Sexual Misconduct is defined as the intentional touching of the victim's intimate parts (primarily genital area, groin, inner thigh, buttock, or breast) without or against the victim's consent. This touching is either directly on the body part or on the clothing covering the body part, or if the victim is forced to touch the intimate areas of the perpetrator.

Georgia Southern University Judicial Process

Georgia Southern University will adjudicate sexual assault and sexual misconduct cases by employing one of the following options:

With the consent of the victim, an informal meeting of the accused student and the Judicial Officer will be held. If, in the opinion of the Judicial Officer, it is likely that inappropriate behavior may have occurred, certain restrictions on behavior may be imposed and must be followed by the accused student. Failure to do so may result in formal judicial action by the University.

With the consent of both the victim and the accused student, the incident may be mediated by a mediator appointed by the Judicial Officer. With medication, the victim and the accused student must agree to a written contract outlining agreed upon behavior and signed by both parties and the mediator. A violation of the contract by either party may result in a formal judicial action by the University.

A formal hearing before the University Judicial Board or a Hearing Officer appointed by the Vice President for Student Affairs will be held.

Student Rights in the Judicial Process

  • To receive a written statement of the charges.
  • To receive a fair and impartial hearing.
  • To know the nature of the evidence and the names of the witnesses scheduled to appear.
  • To present evidence and/or witness on your behalf.
  • To be accompanied at the hearing by an advisor of your choice.
  • To be present at the hearing. If you fail to appear at the hearing, it will be held in your absence.
  • To refuse to answer questions.
  • To ask questions of witnesses.
  • To receive a decision based solely on the evidence presented.
  • To make a record of the hearing.
  • To be given written notice and a verbal explanation of the results of the hearing and the penalty imposed.
  • To appeal any decision.