Student Conduct

Appalachian State University addresses off campus violations to:

1. Reduce and prevent behavior that undermines academic success and that negatively detracts from the educational mission of the University
2. Ensure the health and safety of students and the community
3. Provide timely support and resources for students
4. Prevent violence in and around the University Community

Appalachian does have the legal right to set expectations and to hold students responsible for violating these standards off-campus. Appalachian approaches off-campus violations as a community standard issue, paying special attention to high-risk patterns of behavior, with an underlying focus on our care for student health and safety.

Commonly Asked Questions About Off-Campus Violations

Does the Office of Student Conduct address all off-campus violations?

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 addressed by the Office of Student Conduct include, but are not limited to, the following:

• Felony charges
• Acts of harm charges including, but not limited to, assault, harassment, or threats
• Driving while imparied (DWI) charges or charges of driving by individuals less then 21 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 University's 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 he policies of the University

Why did Appalachian decide to enforce off-campus violations?

The decision to enforce the policy was to:

1. Reduce and prevent behavior that undermines academic success and that negatively detracts from the educational mission of the University
2. Ensure the health and safety of students and the community
3. Provide timely support and resources for students
4. Prevent violence in and around the University Community

Appalachian does have the right to set expectations and to hold students responsible for violating these standards off-campus. Appalachian approaches off-campus violations as a community standards issue, paying special attention to high-risk patterns of behavior, with an underlying focus on our care for student health and safety.

What happens when students receive first-time alcohol or other drug misdemeanor charges off-campus?

If a student has not previously violated the Code of Student Conduct on-campus or received off-campus charges, they will not be referred to the Office of Student Conduct for a low-level alcohol or other drug misdemeanor charge. Instead, they will receive a Letter of Concern from the Office of Student Conduct. The purpose of this letter is to communicate that Appalachian cares about the health and safety of our students and the community; to provide substance abuse prevention resources; and to educate about the University’s authority and jurisdiction in addressing off-campus violations. Students who receive future off-campus charges, however, will be referred to the Office of Student Conduct.

How does the Office of Student Conduct receive information about off-campus violations?

The Watauga County Court System provides daily information to the Office of Student Conduct regarding all legal charges in Watauga County. The Office of Student Conduct reviews these reports and identifies all incidents referred to in question one. The names of those charged with these violations are then checked against Appalachian's records to identify currently enrolled students.

If a student is legally charged outside of Watauga County, the University may receive notification through several avenues and will consider at that time whether to address the behavior.

Doesn't addressing off-campus violations involve double jeopardy?

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. Double jeopardy is defined as a person being tried again for the same offense after being acquitted. The Fifth Amendment double jeopardy clause in the Constitution applies only to successive criminal prosecutions for the same offense and specifically protects against:

• a second prosecution for the same offense after acquittal
• a second prosecution for the same offense after conviction
• multiple punishments for the same offense

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.

What happens if my case is dropped in court?

Because the conduct process at Appalachian is separate from the legal system, and utilizes a different standard of proof, outcomes from the court system are not acceptable challenges to the outcomes in the Office of Student Conduct. Students referred to the Office of Student Conduct will still be expected to attend Conduct Review Meetings for violating the Code of Student Conduct.

If a student is assigned similar sanctions in the court system and the Office of Student Conduct (such as community service or counseling), can a completed sanction for one entity be applied towards the other?

Yes. If a student receives the same or similar sanctions/outcomes in the court system and the Office of Student Conduct, fulfillment of the court system sanction may satisfactorily complete the sanction from the Office of Student Conduct. However, if both entities require different outcomes, students must complete all of the requirements for both. The Office of Student Conduct does not extend deadlines for a sanction on the basis that the case has not been heard through the court system.