Student Conduct

The Code of Student Conduct (the Code) is a set of community standards and prohibited conduct to promote student learning and accountability.

Appalachian State University is an academic community dedicated to teaching, scholarship, research, service, inclusion, and the holistic development of students. As an academic community, the University has an interest in the safety, welfare, and education of the members of this community and in fostering an environment consistent with the educational mission, purpose, and processes of the University. When students voluntarily enter the University, they assume obligations of performance and behavior relevant to the Universitys mission, processes,and functions. Expectations of students in an academic community are higher than those of other citizens.

Your student will receive written communication via their official App State email account from the Office of Student Conduct or University Housing to schedule an appointment or with a pre-scheduled appointment time and location. The letter will include the alleged violation(s) and details about next steps in the process.

If your student has been asked to meet with our office or University Housing, one way to help is to become informed about the disciplinary process. You can review the process by reviewing the Code . The Code is not comparable to criminal procedures. Formal rules of evidence and procedure do not apply.

No, the Office of Student Conduct only handles off-campus violations that interfere with the mission of the university by impacting the health and safety of students and the surrounding community. The primary types of off-campus violations referred to the Office of Student Conduct include, but are not limited to:

• Felony charges
• Acts of harm charges, including, but not limited to, assault, harassment, or threats
• Driving while impaired (DWI) charges or charges of driving by individuals less than twenty-one years old after consuming alcohol or drugs
• Repeated or high risk alcohol misdemeanor charges
• Repeated or high risk drug misdemeanor charges
• Hazing
• Behavior that occurs at any college or university may be processed under this Code in the same manner as on-campus behavior
• Activities of a student or group of students that conflict with the Universitys interests and mission, including, but not limited to, patterns of behavior that put the health and safety of others at risk or show disregard for the policies of the University

Please review our Off-Campus Violations page for more information.

Generally, students attend the meeting alone. The information received is initially viewed as an allegation and the meeting provides an opportunity to discuss the incident in question. The student has the right to be accompanied by up to two support individuals and/or an advisor. As a parent/guardian, you may act as a support individual or an advisor with the students approval. Please refer to Article 7.04 of the Code for further details on support individuals, and Articles 1.01 and 7.04 for details on advisors.

Students have several choices in resolving an alleged violation of the Code. Students can accept responsibility through an Informal Resolution, or request that the case be referred to a Board for Formal Resolution. The Conduct Resolution Administrator may also refer a case directly to a Board without an Informal Resolution. A case can also be dismissed or a student held not responsible as additional information is presented.

The University must establish that the student is responsible for the alleged violation(s) by a preponderance of the evidence (i.e., that it is more likely than not that a violation occurred). This determination must be based solely on the information gathered.

If a student fails to schedule an appointment or misses a scheduled appointment to review their case, the Office of Student Conduct has the right to resolve the case in the student's absence.

To maintain fairness and consistency, there is a presumption that at least the minimum sanction outlined in the Code will be imposed. A Conduct Revsolution Administrator or Board may impose a sanction less than or greater than the minimum when there is a compelling factor(s) that warrants such action. Please refer to Article IV- Prohibited Conduct of the Code to review the minimum sanctions for all violations; and Appendices A and B for standard sanctions for alcohol and drug violations.

Under the Family Rights and Privacy Act (FERPA) of 1974, as amended, Appalachian State University is restricted in releasing student information without the consent of the student. It provides the student a right to inspect their records and restrict the disclosure of those records. Further information about FERPA is available on the U.S. Department of Education FERPA website .

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Detailed information about FERPA at Appalachian State University can be found in the University Policy Statement and the Annual Notification of Rights .

In order for the Office of Student Conduct to discuss details of your student's case, the student must give permission to do so.

It should be understood that, at the post-secondary level, parents do not have automatic access to a students educational record. The first step to having access to your student's information is having open communication with them about what is going on with your grades, classes, etc. Secondly, the student can provide access to parent(s)/guardian(s) in AppalNET .

Students may also sign a waiver which would allow for more open communication between the University, the student and you as a parent/guardian. Signing the waiver is only a short term release of their educational record at the University.

Generally, the University will inform the parent or guardian when a student under the age of 21 is responsible for:

• High-risk (BAC of .10+) or second alcohol violation(s)
• High-risk or second drug violation(s)
• Driving while under the influence
• Driving after consuming
• Alcohol poisoning
• Hospitalization
• Suspension and expulsion

The purpose of Parental Notification is to open communication, collaborate with the parent, and to develop strategies to help the student learn from this teachable moment. Parental Notification is sent by mail to the students permanent address.

Disciplinary records are maintained for a minimum of eight years from the date of resolution. If Suspension or Expulsion is given in resolution of a violation, the disciplinary record will be maintained indefinitely.

A student's disciplinary record may impact their ability to gain approval to study abroad, participate in leadership roles on campus or varsity athletics, transfer to another institution, or gain entrance into a graduate program.

If a student gives an employer or graduate/professional school permission to access their disciplinary record, information about the student's violation(s) and sanction(s) will be shared.

Some graduate applications ask for information regarding a student's criminal or disciplinary history, so be sure to carefully read what the application is asking. Your student should be honest about his or her disciplinary history. On occasion, universities will contact our office to verify the information your student has provided on their application. Most applications include this waiver in the fine print and by signing the application the student is typically granting access to their disciplinary records.

Attorneys and non-attorney Advisors are allowed to be present during certain steps in the disciplinary process. Specifically, students who are going through the Formal Resolution process (University Conduct Board or Administrative Hearing Board), and are also subject of pending criminal charges, have the right to be accompanied by an attorney. The attorney may act as the students Advisor and may fully participate only to the extent afforded to the student they represent. Attorney and non-attorney Advisors may participate in hearings with the Student Conduct Board, but may only act as a support individual. For further information regarding the role of attorneys in the disciplinary process please refer to Article I 1.01 and Article VII 7.08 .

Students who resolve their incident via the Informal Resolution process are unable to appeal the decision. If your student has resolved their incident via the Formal Resolution process, they may appeal based on the following grounds:

• A violation of due process
• A material deviation from Substantive and Procedural Standards adopted by the UNC Board of Governors, as set forth in UNC Policy Manual 700.4

For more information regarding the Appeals Process, please review Article VIII - Appeals in the Code .

The student must notify the Office of Student Conduct in writing if they intend to have you attend a hearing. This must be submitted no later than two days before a hearing. The student must also provide written authorization for you to have access to information about the case. The following are forms that may be requested by the Office of Student Conduct:

• Advocate Certification
• Certification of Licensed Attorney

All forms listed above are available for download on our Forms page.

The Office of Student Conduct may correspond at all times directly with the student, and not through any third party. You may receive copies of correspondence with the students authorization.

As an attorney, you may serve as the student's Advisor and may fully participate only to the extent, and in the same manner afforded to the student(s) they represent, provided the Advisor may not provide testimony. As the Advisor, you may not, in the sole discretion of the individual facilitating the meeting, delay, disrupt, or otherwise interfere with the proceedings.

Attorneys may not participate in hearings which are fully staffed by students. For further information, please see Article 1.01 and Article 7.04 of the Code.

The University must establish that the Respondent is responsible for the alleged violation(s) by a preponderance of the evidence (i.e., that it is more likely than not that the Respondent violated this Code).

In a disciplinary hearing, an Advisor may:

• Consult with a student during a hearing, but cannot use the discussion to delay the hearing
• Suggest questions for the student to ask
• Assist the student in clarifying their response to questions
• Question witnesses in accordance with the hearing guidelines as outlined in the Code
• Treat others with respect and civility

Respondents going before a Board have the right to be accompanied by up to two support individuals. These individuals are present to provide emotional support to the student. The support individual(s) may not participate in the proceedings, address any participants, or, in the sole discretion of the individual facilitating the meeting, delay, disrupt, or otherwise interfere with the proceedings. A support individual cannot serve as an Advisor.

There are no depositions under this Code. Neither the complainant party nor the respondent (or their representatives) should approach the other party's witnesses prior to the hearing. All questioning of the witnesses takes place during the proceeding.

As an attorney/non-attorney Advisor, you may contact the Office of Student Conduct to ask questions to better understand the disciplinary proceedings. If questions relate to specifics of the incident involving the Respondent, the attorney/non-attorney Advisor must have received permission from the Respondent for the office to share information. Please see the first question above for the appropriate waivers.

Requests regarding correspondence on the specifics of an incident may be referred to the Conduct Resolution Administrator assigned to the case.

The student may request a postponement, but pending criminal proceedings will not ordinarily serve as a basis to postpone a student's disciplinary proceeding. The student should make the request at least two days prior to the hearing and will generally only be granted in cases of serious illness, family emergency, or when a student has a scheduled exam that directly conflicts with the scheduled time. Additional information can be found in Article 7.08 of the Code.

Yes. For more information about off-campus violations, please review our Off-Campus Violations page or refer to Article 2.04 of the Code.

The disciplinary process at Appalachian State University is not attempting to determine whether or not a student has violated the law; the University is trying to determine whether or not a student violated the Code . The procedures in this Code are not intended to be equivalent to the process of federal, state, or local laws and do not determine whether criminal conduct has occurred. Criminal procedures do not address the educational mission of the University.

The process will continue with or without the student's involvement. Respondents who fail to appear at a hearing after proper notice will be deemed to have answered "not responsible" to the pending charges. The student may not use their refusal to participate as grounds for appeal.

All disciplinary hearings are recorded. The recording will serve as the verbatim record of the proceedings, and a copy of these proceedings will be included with the disciplinary record in the Office of Student Conduct. The University retains the sole right to record the hearing. No other recordings may be made of the hearing. Students who wish to review the recording may schedule an appointment to do so with the Office of Student Conduct.

The Respondent and Complainant may appeal a decision of the Board. The purpose of the appeal process is to provide the opportunity for questioning the appropriateness of actions resulting from a Formal Resolution. It is not the purpose of the appeal process to provide for a new hearing at a higher administrative level. The student may appeal a decision based on the following grounds:

• A violation of due process
• A material deviation from Substantive and Procedural Standards as adopted by the UNC Board of Governors, as set forth in UNC Policy Manual 700.4.1 - Policies on Minimum Substantive and Procedural Standards for Student Disciplinary Proceedings.

Appeals must be submitted to the Director within five days of the notice of the decision and is to be completed online. Additional information about appeals can be found in Article VIII of the Code.

All disciplinary records are confidential and shall not be released without the student's consent, except as otherwise provided by law. Pursuant to FERPA and the Clery Act, the University may disclose disciplinary records to:

• University officials who have a legitimate educational interest
• Parent(s) or legal guardian(s) of students under the age of 21 who are claimed as dependents for income tax purposes the outcome of any drug or alcohol-related violation of this Code
• An alleged victim the final results of a disciplinary proceeding conducted with respect to an alleged crime of violence or act of sexual misconduct

The University may also be required to produce disciplinary records in accordance with a lawfully issued subpoena. Limits to disclosure shall be goverened by appropriate federal law, including FERPA and the Clery Act. Failure to maintain the confidentiality of any protected record shall constitute a violation of Section 4.07c of this Code.

Some violations of the Code of Student Conduct are also violations of federal, state, or local law. Students may face both criminal charges and University disciplinary action. This does not constitute double jeopardy.

Appalachian's disciplinary process is not a criminal process. In other words, its process is separate from, and does not involve, legal proceedings. Consequently, holding students accountable for off-campus violations of the Code of Student Conduct is not considered double jeopardy.

The disciplinary process at Appalachian State University is not attempting to determine whether or not a student has violated the law; the University is trying to determine whether or not a student violated the Code . The procedures in this Code are not intended to be equivalent to the process of federal, state, or local laws and do not determine whether criminal conduct has occurred. Criminal procedures do not address the educational mission of the University