Rights of Involved Students

Rights of the Respondent

The Respondent has the following rights:

  1. to be provided a fundamentally fair process;
  2. to be presumed not responsible for a violation of this Code until determined otherwise;
  3. to be given written notice of any allegation(s) or formal charge(s) of prohibited conduct;
  4. to review the information that will be presented in any resolution, provided that the information may be given to the student in a redacted format;
  5. to present relevant information on their behalf;
  6. to obtain support, advice, or assistance from support individuals, a Student Conduct Counselor, or an Advocate, pursuant to relevant Article VI of this Code;
  7. to have sanction(s) imposed on the basis of the guidelines set forth in this Code;
  8. to be informed of the final decision and results of a disciplinary proceeding;
  9. to request reasonable accommodations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act through the Appalachian State University Office of Disability Services.
  10. to know the identity of individuals speaking or providing written information for consideration at any hearing;
  11. to confront, in some manner, the allegations and information presented relevant to the formal charge(s) against them, which in all cases will be brought forward by the University;
  12. to request that a member of a Board be excluded from the hearing on the basis of a conflict of interest;
  13. to not speak or answer any question(s), if such testimony or answers would tend to establish against them a violation of this Code. When a student refuses to speak, therefore avoiding questioning, they relinquish the right to make a written or verbal statement at the end of the findings stage of the hearing; however, a summation of the relevant facts of the matter under adjudication may be made by the student’s Student Conduct Counselor or Advisor, provided that the summation is not a substitute for the statement the student declined to provide;
  14. to pose reasonable questions to any witness appearing at a hearing in a manner determined by the Chair;
  15. to have prior disciplinary history excluded from information presented during a Board’s deliberation of findings for any charge(s);
  16. to appeal any decision of a Board, pursuant to Article VII of this Code;
  17. to have supervised access to a recording of the hearing proceedings; and
  18. to have any disciplinary records kept confidential, unless an exception is allowed or required by law.

Rights of the Complainant

The Complainant has the following rights:            

  1. to be provided a fundamentally fair process;
  2. to file a complaint within one hundred eighty (180) days following the date on which an alleged violation of this Code occurred;
  3. to file criminal charges or seek civil action in a court in addition to any action taken under this Code;
  4. to have prior disciplinary history excluded from information presented during a Board’s deliberations of findings for any charge(s);
  5. to have sanction(s) imposed on the basis of the guidelines set forth in this Code;
  6. to request reasonable accommodations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act through the Appalachian State University Office of Disability Services;
  7. in cases involving an alleged crime(s) of violence or act(s) of sexual misconduct or sex/gender-based harassment, to provide an impact statement, provided that such statement shall only be considered during the sanctioning phase of a hearing;
  8. in cases involving an alleged act(s) of sexual misconduct or sex/gender-based harassment,
    1. to review the information that will be presented in any resolution, provided that the information may be given to the student in a redacted format;
    2. to present relevant information on their behalf;
    3. to obtain support, advice, or assistance from support individuals, a Student Conduct Counselor, or an Advocate, pursuant to relevant sections in Article VI of this Code;
    4. to know the identity of individuals speaking or providing written information for consideration at any hearing;
    5. to be provided the same opportunities as the Respondent to address any University official involved with the resolution of the complaint, including being present during the findings stage of the hearing;
    6. to request that a member of a Board be excluded from the hearing on the basis of a conflict of interest;
    7. to not speak or answer any question(s), if such testimony or answers would tend to establish against them a violation of this Code. When a student refuses to speak, therefore avoiding questioning, they relinquish the right to make a written or verbal statement at the end of the findings stage of the hearing; however, a summation of the relevant facts of the matter under adjudication may be made by the student’s Student Conduct Counselor or Advisor, provided that the summation is not a substitute for the statement the student declined to provide;
    8. to pose reasonable questions to any witness appearing at a hearing in a manner determined by the Chair;
    9. to appeal any decision of a Board, pursuant to Article VII of this Code;
    10. to have supervised access to a recording of the hearing proceedings; and
    11. to have any disciplinary records kept confidential, unless an exception is allowed or required by law.

Contact Us

REPORT AN INCIDENT

REPORT ACADEMIC INTEGRITY INCIDENT

Office of Student Conduct

Physical Address
320 Plemmons Student Union
263 Locust Street
Boone, North Carolina 28608

Mailing Address:
ASU Box 32084
Boone, NC 28608-2084

Phone: 828-262-2704
Fax: 828-262-4997

Email: 
studentconduct@appstate.edu

get synced