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 Respondent 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 Advisor, or an Advisor, pursuant to relevant sections in Article VII of this Code;
  7. 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 Resources;
  8. to know the identity of individuals speaking or providing written information for consideration at any hearing; 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;
  9. to request that a member of a Board be excluded from the hearing on the basis of a conflict of interest or bias;
  10. 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 Respondent 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 Respondent's Student Conduct Advisor or Advisor, provided that the summation is not a substitute for the statement the Respondent declined to provide;
  11. to pose reasonable questions to any Witness appearing at a hearing in a manner determined by the Chair;
  12. to have prior disciplinary history excluded except during the sanctioning phase of a Formal Resolution;
  13. to provide an Impact Statement during the resolution process as stated in Article VII, Sections 7.07 or 7.08;
  14. to be informed of the final decision and results of a disciplinary proceeding;
  15. to appeal any Formal Resolution, pursuant to Article VIII of this Code;
  16. to have supervised access to a recording of the hearing proceedings; and
  17. to have any Disciplinary Records kept confidential, unless an exception is allowed or required by law or regulation.

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) calendar days following the date on which an alleged violation of this Code occurred;
  3. to file criminal charges or pursue civil action in addition to any action taken under this Code;
  4. 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 Resources;
  5. in cases involving an alleged Crime(s) of Violence, to be informed of the final decision and results of a disciplinary proceeding in accordance with FERPA, and the Clery Act; and all other rights provided to the Respondent in Article III, Section 3.01.