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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 sections in Article VI 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 Services;
  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 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 Advocate, provided that the summation is not a substitute for the statement the student 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 IV, Sections 6.07 or 6.08;
  14. to be informed of the final decision and results of a disciplinary proceeding;
  15. to appeal any Formal Resolution, pursuant to Article VII 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 Services;
  5. in cases involving an alleged crime(s) of violence or act(s) of relationship violence, sexual misconduct or sex/gender-based harassment, to be informed of the final decision and results of a disciplinary proceeding in accordance with FERPA, Title IX, VAWA and the Clery Act; and all other rights provided to the Respondent in Article III, Section 3.01.