Process for Addressing Prohibited Conduct
During an Informal Resolution, the Conduct Resolution Administrator will, in their professional judgment on the basis of the information provided or in consultation with appropriate University officials (e.g., Title IX Coordinator; University Housing; the Dean of Students), propose findings regarding any alleged violation(s) and may specify any sanction(s) described in the Code.
- If the Respondent accepts the Informal Resolution, they waive their right to a Formal Resolution and, if applicable, accept responsibility for the violation(s) and the sanction(s) imposed.
- If the Respondent declines the Informal Resolution, the case will be referred to a Formal Resolution.
- The Respondent may be given up to two (2) days to review the Informal Resolution and decide if they would like to accept or decline the proposed findings and sanctions.
How to Prepare for an Informal Resolution:
- Contact the Office of Student Conduct to schedule an appointment.
- Review the allegations from your Initial Appointment Letter.
- Review the Code of Student Conduct in reference to the alleged violations and options for resolution (found on pages 11-28 of the Code).
- Review your rights as a student (found on pages 9-10 of the Code)
- Come to the meeting prepared to honestly communicate about the incident, and bring any questions you might have.
- During your meeting, the Conduct Resolution Administrator will explain the allegations, your rights as a student, and your options for resolution.
Unless an Informal Resolution is accepted, the Conduct Resolution Administrator shall refer the case to a hearing for Formal Resolution. The Director may also refer any case directly to a hearing without the option of an Informal Resolution.
The types of Boards available for Formal Resolution include:
- Student Conduct Board - composed of students selected by an application and interview process. One student shall be selected as the Chair.
- University Conduct Board - composed of individuals selected from a pool of all members of the University faculty; all student members and the Chairs of the Academic Integrity Board, Organization Conduct Board, and Student Conduct Board; as well as all Directors, Associate Directors, Assistant Directors and Coordinators, or the equivalent. One member of this Board will be appointed as Chair.
- Administrative Hearing – An Administrative Hearing generally will be conducted by a three-person Administrative Hearing Board consisting of the Associate Director of Student Conduct or designee and two members from a pool of trained University officials. A case may be referred to a single Administrative Hearing Officer under certain circumstances.
For more information regarding Conduct Boards, please refer to Article VII- Process for Addressing Prohibited Conduct.
How to Prepare for a Formal Resolution:
- After receiving official notice of a Board hearing, schedule a meeting with the Student Conduct Advisor by contacting the Office of Student Conduct. The Student Conduct Advisor will assist you in preparing for the Board, provide further details about the Board process, and be present with you during your hearing.
- Coordinate with the Student Conduct Advisor any witnesses to the incident to be present for your hearing. These witnesses are individuals who can speak specifically to the incident and provide additional information to the Board.
- Coordinate with the Student Conduct Advisor any character witnesses. These witnesses are individuals who can speak about you as a person. They may be an academic advisor, a professor, RA, personal friend, etc. This gives you an opportunity to provide additional information about you as a person and allows the Board to understand more about you as a student here at Appalachian.
- Prepare a personal statement. This provides you with an opportunity to express the impact this incident has had on you, why you may have been involved, etc.
Resolution in a Student's Absence
If the Respondent has been notified and fails to respond within five (5) days of the initial notice, the case may be resolved in their absence. If the case is resolved in absentia, the Respondent shall have waived their right to a hearing. The Conduct Resolution Administrator will, in their professional judgment, determine findings for any alleged violation(s) and may specify any sanction(s) as described in the Code.
The outcome of a resolution in a student's absence may be rescinded if the Conduct Resolution Administrator believes that the Respondent's failure to appear was not for the purpose of defeating the disciplinary proceedings.
If the Respondent fails to attend their scheduled hearing, the Board shall adjudicate the case in their absence.