Standards of Student Conduct

Preamble

Arkansas State University is an interdependent learning community consisting of students, faculty and staff. Just as any community has a culture, along with written and unwritten "expectations" for conduct, we too have a culture and associated expectations for behavior. The community's expectation is that conduct is marked by integrity. Any student who chooses to enroll at the university also chooses to become part of this community and constructively contribute to its culture. This choice is an obligation to conduct oneself in such a way as to facilitate the mission of the community, which is to "...enhance intellectual life and enrich lives..."

The following principles are part of the collective expectation of the members of this community relative to personal conduct.

Ethical Behavior — The pursuit of a higher education is a privilege. Associated with that privilege is an obligation to aspire to a set of principles and values that demonstrate a commitment to fairness, honesty, empathy and achievement.
Morality — Members of a learning community commit to the ideals of appropriate human conduct. This lifestyle seeks to harm no one and attempts to be a positive contributor in every interaction.
Respect — Every member of this community should seek to gain and demonstrate respect. Members should hold one another in high regard. Each individual should conduct himself or herself in a manner worthy of that regard, which is gained by decent and correct behavior.

The learning community at Arkansas State University does not intend to be prescriptive regarding the personal beliefs and value systems of its members. However, this community does believe that it has a right to expect its members to demonstrate personal responsibility and integrity in word and deed.

University Jurisdiction

The university has jurisdiction over any student or student organization alleged to have violated the Standards of Student Conduct on campus or off campus. For the purpose of the student conduct process, a “student” is defined as any person who is admitted, enrolled or registered for study at Arkansas State University for any academic period. Persons who are not officially enrolled for a particular term but who have a continuing student relationship with, or an educational interest in, Arkansas State University are considered “students”. A person shall also be considered a student during any period while the student is under suspension from the institution or when the person is attending or participating in any activity preparatory to the beginning of the academic year including, but not limited to, fraternity or sorority recruitment, orientation, placement testing, and residence hall check-in.

Inherent Authority

The university reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community and its members.

Interim Measures

The Vice Chancellor of Student Affairs/Dean of Students, or their designee, may enforce an interim action if necessary to maintain safety or order; including but not limited to, making adjustments in student housing arrangements; imposing conditions of no contact between an accused student and the accusing student; temporarily suspending a student; or banning a student from campus. The Vice Chancellor for Academic Affairs, or their designee, may remove a student from a class to maintain order. Within twenty-four (24) hours of imposing the interim measure(s), the accused student or student organization will receive written notification of any interim measures which explains the institution’s reasons for enacting the interim measures.

In cases in which an interim suspension has been issued the following will occur: an interim measure hearing will be held within three (3) business days of the written notice unless otherwise waived by the accused student, to determine whether there is substantial evidence that the accused student poses a risk to the physical safety of a member of the campus community and that the interim measure is appropriate to mitigate that risk.

At an interim measure hearing, the accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate in the interim measure hearing. An accused student’s waiver of their right to be represented by an attorney or a non-attorney advocate shall not constitute an admission of guilt or a waiver of additional rights.

Student Contact Information

All students are responsible for maintaining their current address, email address and phone number with the Office of the Registrar. It is also the student’s responsibility to frequently monitor campus e-mail and the university website, as these electronic means of communication are the university’s most effective and efficient ways to disseminate important information to the campus community. Campus email is the primary means of communication from the Office of Student Conduct; appearance notifications, hearing notifications and decision notifications will be sent to the student’s A-State email address.

Modifying the Standards of Student Conduct

The university reserves the right to amend the Standards of Student Conduct at any time. Every effort will be made to communicate any changes made to the university community at least ten days prior to policy change, except at the start of the academic year. The Standards of Student Conduct will be updated each summer and the new version will be available in the Student Handbook for that academic year.

Policy Interpretation

The Vice Chancellor of Student Affairs/Dean of Students, or their designee is the final authority in defining and interpreting the Non-Academic Standards of Student Conduct and conduct procedures. The Vice Chancellor for Academic Affairs and Research or their designee is the final authority in defining and interpreting the Academic Standards of Student Conduct.

Standards of Student Conduct

When the conduct of any member falls outside the bounds of acceptable behavior, that member can expect the community of Arkansas State University to call such conduct into question. The university reserves the right to discipline students or student organizations for inappropriate actions that occur on or off the campus to secure compliance with the University Standards of Student Conduct. Students are expected to comply with all university policies and procedures. Students failing to maintain these Standards may be asked to leave the university community.

Standards of Student Conduct are divided into two categories: Non-Academic Misconduct and Academic Misconduct. The following list of prohibited behavior is not exclusive and serves only as examples of specific actions constituting Non-academic Misconduct. The Academic Misconduct list can be found in the Student Handbook under Academic Rights and Responsibilities on page 14.

Non-Academic Misconduct Standards of Student Conduct

The following is a list of prohibited behavior:

1. Accessory

A student commits a violation of the Non-Academic Standards of Student Conduct if they aid another student in the commission of a violation of the Non-Academic Standards of Student Conduct or is present or fails to leave immediately a situation where a violation is occurring.

2. Alcohol

Sale, possession, manufacturing, distribution, consumption, or evidence of consumption of alcoholic beverages, on university property or at university sponsored events, except as allowed by Institutional and System policy.
Use by, possession of or distribution to person(s) under twenty-one (21) years of age of any alcoholic beverage.
Public intoxication or impairment that can be attributed to the use of alcohol.
Activities or promotions that encourage excessive and/or rapid consumption of alcoholic beverages, including the use of common containers.
The possession and/or use of drinking paraphernalia or products that promote the abuse of alcohol and/or put the user in a position to consume alcohol irresponsibly. This includes but is not limited to funnels, taps, and beer pong tables.

3. Bicycles, Skateboards, Skates

Potentially dangerous or damaging use to self, property or others, of skateboards, bicycles, scooters, skates, hover boards, self-balancing scooters, battery powered two-wheeled scooters, or other wheeled forms of transportation. The use of skateboards and hover boards is permitted only on sidewalks and parking lots unless otherwise posted. No wheeled form of transportation covered in this policy is permitted in the parking garage. Bicycles must be parked in bike racks and other designated areas.

4. Computer Misuse

Misuse, abuse, and unauthorized use of computing resources, and/or use of computing resources for unauthorized purposes such as, but not limited to, destroying, modifying, accessing, or copying programs, records, or data belonging to the university or another user without permission. This includes peer to peer distribution of copyrighted materials and/or illegal downloading of copyrighted materials, which are also violations of Federal Law.

5. Damage to Property

Damaging or destroying university property or the property of others, or actions that have the potential for such damage or destruction. Conduct which threatens to damage, or creates hazardous conditions.

6. Disruption of University Business

Engaging in, leading or inciting others to materially and substantially disrupt or obstruct teaching, research, administration or other university functions, operations or activities including, but not limited to, the blocking of ingress or egress to the university’s physical facilities, tampering with public utilities, or prevention of freedom of movement or expression by members of the university community.

7. Disruptive Conduct

Disrupting the regular or normal functions of the Arkansas State University community, including behavior which breaches the peace, limits the safety or violates the rights of others.

8. Drugs

Use, manufacturing, distribution, sale or illegal possession of any quantity, whether usable or not, of any drug, narcotic or controlled substance without a valid medical prescription under current medical supervision.
Impairment that can be attributed to the use of any drug, narcotic or controlled substance.
Possession and/or use of drug paraphernalia which includes objects used, primarily intended for use or designed for use in ingesting, inhaling, or otherwise introducing any drug, narcotic or controlled substance into the human body including, but not limited to, pipes, water pipes, bongs, hookahs, roach clips and vials without valid medical prescription.
Misuse or abuse of prescription drugs.
Misuse or abuse of any chemical substance.
Medical marijuana in any form shall not be had or used on any University campus or owned or leased space, including campus housing, or at any university-sponsored events or activities.

9. Endangering Conduct

Unlawful abuse, verbal abuse, threats, intimidation, coercion and/or other unlawful conduct which threatens or endangers the health or safety of self or others or violates a legal protective/no contact order, or an institutional no contact directive.

10. Failure to Comply

Failure to comply with directions, verbal, written, or electronic of university officials, or those appointed to act on behalf of the university in the performance of their duties.

11. False Accusations

Knowingly, intentionally, or recklessly submitting a false report to the Office of Student Conduct, the University Police Department, or any other University Department.
Providing false or falsified information with intent of harming another university community member.
Attempting to intimidate witnesses necessary to conflict resolutions pending with the university.
Altering or destroying information necessary to conflict resolutions pending with the university.

12. False or Fraudulent Information

Furnishing false information to a university official.
Forgery, alteration, taking possession of or the unauthorized use of University documents, records, keys or identification without the consent or authorization of the appropriate University Official.
Use, manufacturing, distribution, sale, or possession of false identification.
Altering, defacing, or falsifying IDs, or in any way conspiring to obtain false identification.

13. Fire/Emergency Threat

Starting a fire or creating a fire hazard, including false alarms by setting off the fire alarm system, making a bomb threat or creating a false emergency of any kind.
Tampering with, misusing or damaging fire extinguishers, sprinkler heads, alarms or other safety equipment.

14. Gambling

Gambling in residence halls or on or about university property without legal permit as an authorized state organization and approval from the Office of Student Conduct.

15. Guest Responsibility

Failure to inform guests, both student and non-student, of university policies. Guests are any person not assigned to a specific building, suite or apartment if the incident occurs in university owned housing or any person not associated with the university community that reasonably appears to be with a student.
Students are responsible for the conduct of their guests on or in university property and at functions sponsored by the university or any recognized university organization.

16. Harassment

Any form of conduct (written, verbal, physical, graphic, or electronic) that is 1) unwanted; 2) directed towards an individual or group of people; AND 3) so severe, pervasive, and objectively offensive that a reasonable person with the same characteristics of the of the victim would be adversely affected to a degree that interferes with an individual's education or employment performance or creates an intimidating, hostile, or offensive university environment.

17. Hazing

Any mental or physical requirement, request or obligation placed upon any person that could intentionally or unintentionally cause discomfort, pain, fright, disgrace, injury or which is personally degrading for the purpose of initiation into, admission into, affiliation with, or as a condition of continued membership in, a group or organization. A person’s expressed or implied consent to hazing does not negate the above standards. For more information and resources regarding hazing, please check out the following link: http://www.astate.edu/hazing.

18. Unlawful Behavior

Any conduct that is otherwise unlawful.

19. Littering

Littering, including the improper disposal of tobacco products and trash.

20. Non-recognized Organizations

Non-recognized and/or unregistered student groups attempting to function on the campus in the name of Arkansas State University. Acting as an organization or representing oneself as a member of an organization when that organization has been removed from campus.

21. Objects Dropped or Thrown

Throwing objects or causing an object to fall from buildings or other elevated areas when such throwing or dropping creates a risk of personal injury or property damage.

22. Recording Ethics

Viewing, transmitting, recording, filming, photographing, producing or creating a digital electronic file of the image or voice of another person without their knowledge, or consent.

This policy also applies in the classroom setting except where permission is received from the instructor.

23. Sexual Harassment

Unwelcome gender-based verbal or physical conduct and occurs when:

Submission to, or toleration of, such conduct is made either explicitly or implicitly as a condition of instruction, employment, or participation in other university activities;
Submission to, or rejection of, such conduct is used as the basis for employment or education decisions affecting the individual;
Such conduct is severe, pervasive, and objectionably offensive such that it has the effect of unreasonably interfering with an individual’s education or work performance or creating an intimidating, hostile or offensive university environment.

Sexual Harassment that meets the jurisdictional requirements of Title IX shall be addressed using the Title IX procedure.

24. Sexual Assault

Sexual conduct without consent or sexual conduct that occurs after consent has been withdrawn. Sexual acts occur without consent when they are performed by force, in response to a threat, against a person’s will, or where a person is incapable of giving consent due to minority, intellectual impairment, or use of mind-altering substances such as drugs or alcohol.

Sexual Assault that meets the jurisdictional requirements of Title IX shall be addressed using the Title IX procedure.

25. Smoking

Use of tobacco is not permitted on university property. This includes, but is not limited to, the use all lighted tobacco and plant products including cigarettes, cigars, and pipes, smokeless tobacco, and vaping devices including e-cigarettes. Possession of tobacco products by persons under the age of 21 is prohibited.

26. Solicitation Activities

Solicitation not in accordance with federal, state or local laws.

27. Student I.D. Cards

Failure to carry a valid Arkansas State University I.D. card at all times when on university property or at university sponsored events, except when properly checked into a residence hall.
Allowing others to use one’s I.D. card for access to a building, cafeteria, or parking lot or for use at any establishment that accepts the I.D Card for payment.
Transferring and or duplicating university I.D. cards.
Failure to provide I.D. cards upon request to any individual acting on behalf of the university in the performance of their official duties.

28. Theft

Theft of any kind including but not limited to; attempted theft, possession, sale or barter of, seizing or concealing property of another person without their permission.

29. Unauthorized Use

Unauthorized or illegal entry into a building, classroom, office, room, vehicle, or residence hall. Unauthorized entry includes, but is not limited to, entry into a building through a window or side door.
Unauthorized entry with a vehicle into any gated and/or private parking lot on University property.
Unauthorized use or possession of University property.
Use or possession of any University key without proper authorization including duplication of any University key.

30. Violation of Law

Arrest or citation for violation(s) of local, state, or federal law, and/or conduct that adversely affects the student’s suitability as a member of the university community and is in violation of law or University procedure.

31. Violations of Other University Regulations

Violations of any university rule or regulations outside the Standards of Student Conduct.

32. Weapons

Unless authorized by law, the use, possession or storage of weapons. Weapons include, but are not limited to, firearms, explosive devices, hazardous chemicals (other than pocket-sized sprays used for personal protection), knives with blades longer than four inches, numb chucks, brass knuckles, tasers or other electrical stun devices, bows or cross bows, arrows, objects that propel projectiles, replicas of weapons (including water or toy guns), or any device or substance designed to or used to inflict a wound, cause injury, or incapacitate.

33. Pet Possession

Students and guests may not possess an animal on campus other than fish; aquariums are to be limited to 10 gallons or less. This policy does not affect rights granted by the Fair Housing Act, the Rehabilitation Act, or the American with Disabilities Act; hence, this policy is not applicable to service or support animals. For questions on how to properly register an assistance animal, please first contact Access & Accommodation Services at (870)972-3964. This policy also does not apply horses as permitted at the Equine Center or animals used as part of an academic program. Residents of The Village and The Circle have the ability to have specific pets within their assigned housing space with approval from University Housing. The Director of University Housing (or designee) must approve all animals, aside from fish, that will reside in The Village and The Circle, and outlined policies must be followed.

Conduct Information and Procedures

Any individual may refer a student or registered student organization to the A-State Office of Student Conduct for potential violations of the A-State Non-Academic Standards of Student Conduct. Conduct Referrals, or Incident Reports should be submitted to the Office of Student Conduct within ten (10) university business days. Conduct referrals or Incident Reports reporting incidents of Sexual Assault, Sexual Harassment, or Sexual Misconduct should be referred to the A-State Office of Title IX and Institutional Equity: astate.edu/a/affirmative-action/.

Upon receiving a Conduct Referral or Incident Report, the A-State Office of Student Conduct will determine if there is sufficient information to show a student or registered student organization potentially violated a policy of the A-State Non-Academic Standards of Student Conduct. The student or registered student organization (Respondent) who potentially violated a policy of the A-State Non-Academic Standards of Student Conduct will be contacted through university email to schedule an initial meeting with the A-State Office of Student Conduct concerning the potential policy violations. For registered student organizations, the Notice will be emailed to the organization’s primary representative, typically the President on file with the Leadership Center or Fraternity and Sorority Life. Failure to read and comply with the letter is not grounds for appeal.

The A-State Office of Student Conduct will determine the initial hearing officer. The initial hearing officer may be one of the following: Director of Student Conduct, Office of Student Conduct staff members, Hearing Boards, and/or others designated by the Director of Student Conduct.

Serious Violations

“Serious violations” may result in a suspension or expulsion. In the event a potential policy violation may rise to the level of suspension or expulsion, the conduct process will follow the expectations outlined in Act 470 of 2023 for “serious violations.”

Any Respondent or Complainant participating in disciplinary proceedings involving a “serious violation” will also be provided notice of the following:

1. The rights of the Respondent and Complainant as set forth in the Student Code of Conduct as well as in Act 470 of 2023 and other applicable law, if any; and,
2. The date, time, location of each phase of the student disciplinary process at least:
  1. One (1) business day prior to any scheduled event at which the Participant (Complainant, Respondent, or Witness) is expected to participate; and,
  2. Seven (7) business days prior to a disciplinary hearing.

All official communications will be sent to the university email address of the Complainant and Respondent. For registered student organizations, the official communication will be emailed to the organization’s primary representative, typically the President on file with the Leadership Center or Fraternity and Sorority Life. Failure to read and comply with the notice is not grounds for appeal.

Interim Measure Hearing

In cases in which an interim suspension has been issued the following will occur: within three (3) business days of the written notice, unless otherwise waived by the accused student, an interim measure hearing will be held to determine whether there is substantial evidence that the accused student poses a risk to the physical safety of a member of the campus community and that the interim measure is appropriate to mitigate that risk.

Students are responsible for all communication during the conduct process, except for suspension and expulsion. Students may have an attorney or non-attorney advocate present at all meetings and hearings throughout the conduct process, but the attorney or non-attorney advocate may not speak for the student. In cases of potential “serious violations,” students have the right to be represented by an attorney or non-attorney advocate. The attorney or non-attorney advocate may fully participate during a disciplinary proceeding.A “fully participating attorney or non-attorney advocate” may attend all meetings with the student or registered student organization, provide the opening and closing statement on behalf of the student or registered student organization during the hearing, and prepare an appeal on behalf of the student or registered student organization if they are found “responsible” and choose to appeal. The attorney or non-attorney advocate may not speak on behalf of the student or registered student organization and may not answer questions on behalf of the registered student organization.

Sexual Discrimination Information and Procedures

Any allegations of sexual discrimination, including sexual harassment, sexual assault, stalking, domestic violence, and dating violence must be initially reported to the Office of Affirmative Action http://www.astate.edu/a/affirmative-action. The Office of Affirmative Action will coordinate the investigation of all allegations of violations of Title IX.

Cases of sexual discrimination under Title IX will follow the process set forth in the A-State Non-Discrimination/Sexual Misconduct Policy which can be found http://www.astate.edu/a/affirmative-action. The Office of Affirmative Action will refer complainants of those allegations of sexual discrimination which do not meet the requirements for a Title IX investigation to the Office of Student Conduct.

Procedures for Resolving Non-Academic Conduct Charges for Violations of the Standards of Student Conduct

Initial Meeting:

The hearing officer will meet with the Respondent to review the potential policy violation(s) of the A-State Non-Academic Standards of Student Conduct. The hearing officer will inform the Respondent of their options to resolve the potential policy violation(s). The Respondent may have up to 48 hours to decide which of the following options the Respondent would like to utilize:

The Respondent may accept responsibility and request an Informal Case Resolution with the hearing officer. The hearing officer will then assign an appropriate sanction through university email. If the Respondent disagrees with the assigned sanction(s), they may request the sanction(s) be reviewed. Requests for a review of sanction(s) must be submitted to the A-State Office of Student Conduct using the Appeal Request Form. The link to the Appeal Request Form is in the decision letter provided to the respondent through university email. The deadline to submit an appeal is within 72 hours of being assigned the sanction(s) or by 9:00 a.m. on the next university business day if the deadline falls on a weekend or after 5 p.m. on a weekday. Sanction review is the only appeal available through the Informal Case Resolution Process.
The Respondent may plea "not responsible" or "no plea” and request a formal administrative hearing occur immediately (within 24 hours) after completing their informal case resolution form during the initial meeting. A formal administrative conduct hearing is a meeting between the Respondent and the hearing officer where the hearing officer decides responsibility. Alternatively, the Respondent may request a formal conduct hearing occur at least 48 hours after the completion of their initial meeting. If the Respondent is found responsible, the hearing officer will assign sanction(s) in writing, through university email, after the close of the meeting. If the Respondent does not agree with the sanction(s) assigned or the decision of responsibility, they appeal the sanction(s) or the decision of responsibility. Requests for a review of sanction(s) or decision of responsibility must be submitted to the A-State Office of Student Conduct using the Appeal Request Form. The link to the form is in the decision letter provided to the Respondent through university email. The deadline to submit an appeal is within 72 hours of being assigned the sanction(s) or by 9:00 a.m. on the next university business day if the deadline falls on a weekend or after 5 p.m. on a weekday.
Any Respondent who fails to attend a scheduled Informal Case Resolution meeting may have a student conduct hold placed on their A-State student account until their formal conduct hearing is completed.

Formal Conduct Hearing:

If a Respondent does not accept responsibility and requests a formal hearing, does not attend the scheduled informal case resolution meeting, or if the initial hearing officer does not feel that an informal case resolution is appropriate, then a Formal Conduct Hearing will be held. There are four types of Formal Conduct Hearings: An Administrative Hearing, Student Disciplinary Committee, “Serious Violations” Hearing Committee, and a Fraternity & Sorority Life Hearing Board. The A-State Office of Student Conduct will determine the appropriate hearing body. All Formal Conduct Hearings are recorded for appeal purposes by the A-State Office of Student Conduct. No other recordings may be made outside of the university's chosen method to record the hearing.

Procedures for Resolving “Serious Violations” of Non-Academic Misconduct:

Investigation
1. A Respondent, Complainant, and/or any witness may be asked to appear at an investigative meeting with the Office of Student Conduct to discuss the report or gather additional information.
2. The Office of Student Conduct reserves the right to convene an investigative committee to conduct meetings with Respondents, Complainants, and/or witnesses as well as to gather evidence.
3. If a Respondent or Complainant wants to add an individual witness list, their name and contact information must be submitted to the Office of Student Conduct at minimum five (5) business days before the live hearing.'

Procedures for Resolving “Serious Violations” of Non-Academic Misconduct:

Investigation

1. A Respondent, Complainant, and/or any witness may be asked to appear at an investigative meeting with the Office of Student Conduct to discuss the report or gather additional information.
2. The Office of Student Conduct reserves the right to convene an investigative committee to conduct meetings with Respondents, Complainants, and/or witnesses as well as to gather evidence.
3. If a Respondent or Complainant wants to add an individual witness list, their name and contact information must be submitted to the Office of Student Conduct at minimum five (5) business days before the live hearing.
A Complainant or Respondent may choose not to “fully participate” in any or all “disciplinary proceedings.” A “disciplinary proceeding” means a hearing, appeal, or investigatory interview conducted by an institution’s administrator relating to an alleged “serious violation." “Fully participate” means the opportunity for an institution, a student complainant, a student respondent, or a registered student organization to be provided an opportunity to present and be advised by an attorney or non-attorney advocate. If an individual chooses not to participate in the process, they will need to complete a waiver. The waiver will be emailed to the Complainant or Respondent through university email.
Any Complainant or Respondent who is an involved party with a “serious violation” will be granted reasonable continuing access to the administrative file subject to any applicable restrictions that are authorized by law. The Complainant or Respondent will have the ability to review the administrative file beginning seven (7) business days before a disciplinary hearing. All evidence the University or another participant intends to introduce at a disciplinary hearing will be submitted to the Administrative File at least three (3) business days prior to such hearing. When evidence is submitted less than three (3) business days prior, all participants will be immediately notified, and such evidence will only be admissible at the hearing at the discretion of the hearing body.
Any Complainant or Respondent who is an involved party with a “serious violation” will be granted reasonable continuing access to the administrative file subject to any applicable restrictions that are authorized by law. The Complainant or Respondent will have the ability to review the administrative file beginning seven (7) business days before a disciplinary hearing. All evidence the University or another participant intends to introduce at a disciplinary hearing will be submitted to the Administrative File at least three (3) business days prior to such hearing. When evidence is submitted less than three (3) business days prior, all participants will be immediately notified, and such evidence will only be admissible at the hearing at the discretion of the hearing body.

Types of Formal Conduct Hearings

Administrative

Administrative hearings are heard by A-State Office of Student Conduct staff or A-State staff designated by the A-State Director of Student Conduct.

Student Disciplinary Committee

A Student Disciplinary Committee Hearing consists of a minimum of three A-State students and faculty or staff members selected by the A-State Office of Student Conduct from a pool of hearing board members.

Fraternity & Sorority Life Hearing Boards

Fraternity & Sorority Life Hearing boards are assigned in fraternity or sorority life cases where it is appropriate that the alleged chapter should have a hearing board consisting of their fraternity and sorority peers. Fraternity & Sorority Life Hearing Boards consist of at least three Arkansas State University student members of the Fraternity & Sorority Life Hearing Board. The members of all Fraternity & Sorority Life Boards will be selected and trained to participate in the conduct process.

“Serious Violations” Hearing Committee

A “Serious Violations” Hearing Committee consists of a minimum of three A-State staff and faculty members selected by the A-State Office of Student Conduct from a pool of hearing board members. The “Serious Violations” Hearing Committee will be used in all cases of serious violations of non-academic misconduct.

Registered Student Organizations

Cases involving registered student organizations will follow the same procedure noted for students. If a student organization is a social Greek letter organization, the Director of Student Conduct or designee will confer with the Director of Fraternity & Sorority Life before assigning the initial hearing body. The Office of Student Conduct may choose to adjudicate the case or assign it to the disciplinary committee of the appropriate council (Inter-fraternity, National Panhellenic, National Pan-Hellenic). If the Office of Student Conduct hears the case, the appropriate council may hear the case simultaneously if the organization that has allegedly violated the Standards of Student Conduct has also violated council policies.

A registered student organization may be subject to the conduct process in the following situations:

An alleged offense was committed by one or more members of an organization and an executive member or advisor encouraged, sanctioned or was complicit while it occurred.
An alleged offense was committed by one or more members of an organization and organization funds were used to finance the venture.
An alleged offense was committed by one or more members of an organization and was supported by a majority of the organization's membership.
An organization has chosen to protect one or more individual offenders who were members or guests of the organization.
The Director of Student Conduct or designee deems that the alleged offense, by its nature, was an organization offense and not the actions of the individual members.
If a reasonable person would assume the behavior was sponsored or supported by the organization.
An alleged offense occurred as a result of an organization sponsored function.
A pattern of individual violations is found to have existed without proper and appropriate group control, remedy or sanction.

Formal Conduct Hearing Guiding Principles

The Respondent will attend an initial meeting with a hearing officer before a formal hearing. Not attending the scheduled meeting could result in a potential policy violation of “failure to comply.”
The A-State Office of Student Conduct will notify Respondents of a formal hearing with at least 48-hours’ notice through university email, unless the Respondent elects to have an immediate formal administrative hearing.
A Respondent may choose not to attend a scheduled formal hearing; however, the A-State Office of Student Conduct may decide responsibility in their absence.
Respondents may choose not to answer any questions, not speak during the hearing, or not present information to the hearing body.
Respondents must turn in a complete witness list into the A-State Office of Student Conduct one (1) university business day before the hearing – (a minimum of 24- hours before the hearing). In addition, students are responsible for notifying their witnesses of the time, date, and place of the hearing.
Respondents may request, in writing to the A-State Office of Student Conduct, a list of all witnesses and access to all information before the hearing date. All information requests must be in writing, through university email, and allow a minimum of one (1) university business day for the information to be compiled from the time of the request.
No character witnesses or irrelevant information will be considered in a hearing.
A determination of responsibility will be based on a preponderance of the evidence or if it is “more likely than not” that a policy violation occurred.
A Respondent may select an advocate to be present at the hearing. The advocate may confer and advise the student quietly, confidentially, and in a non-disruptive manner. An advocate may only speak in a hearing when addressed by the hearing officer or chair. An advocate may not be a witness in the hearing. A list of trained advocates is available in the Office of Student Conduct.
The hearing officer will remove any disruptive hearing participants, and the hearing will proceed without them.
The alleged victim (Complainant) may select an advocate to be present at the hearing. The advocate may confer and advise the complainant in a quiet, confidential, and non-disruptive manner.
No recordings of hearings shall be made by any person other than the university. The A-State Office of Student Conduct will only maintain the hearing recording for the appeal process. If no appeal is made, the A-State Office of Student Conduct will destroy the recording ten (10) university business days after the appeal date. If an appeal is made, the recording will be destroyed at the close of the appeal process. A student will be given reasonable access to their hearing recording for review, with the understanding that no duplication of the recording shall be permitted. Requests for access to hearing recordings must be made in writing and provided to the A-State Office of Student Conduct at least one (1) business day notice from the time of the request to make the appropriate arrangements.
Hearing officers will provide a decision to the Respondent.

Serious Violation Live Hearing Guiding Principles

Where charges involve a “serious violation,” the case will be heard by the “Serious Violations” Hearing Committee with the purpose of arriving at a fair and just decision. Live hearings before the “Serious Violations” Hearing Committee are closed meetings that permit the Complainant, including the University, and Respondent to address the alleged violation.
The A-State Office of Student Conduct will provide the Complainant(s) and Respondent(s) at minimum seven business (7) days’ notice of the live hearing through university email.
If the Complainant or Respondent does not appear for the hearing, the hearing may proceed without them being present.
A Respondent or Complainant participating in disciplinary proceedings involving a “serious violation” may have an attorney or non-attorney advocate representing them in the disciplinary process.
A Respondent or Complainant is responsible for making arrangements for the use of an attorney or a non-attorney advocate. The institution is not responsible for providing training or paying for the services of an attorney or non-attorney advocate.
Upon written notice, the University will direct all communications related to disciplinary proceedings to both the attorney or non-attorney advocate and the Respondent or Complainant.
Hearings involving more than one (1) Respondent may be conducted either separately or jointly. Joint hearings will only be conducted at the discretion of the Office of Student Conduct and upon agreement of the Respondents as demonstrated through the execution of an appropriate waiver under the Family Educational Rights and Privacy Act (FERPA).
The “Serious Violations” Hearing Committee’s determination will be based on the preponderance of the evidence standard, which means that it is more likely than not that the Respondent is responsible for the alleged act.
The Complainant(s) or Respondent(s) may choose not to answer any questions, not speak during the hearing, or not present information to the hearing body. The attorney or non-attorney advocate may present the student or student organization’s opening and closing statement. The attorney or non-attorney advocate may not answer questions on behalf of the Complainant or Respondent.
Complainants and Respondents must turn in a complete witness list into the A-State Office of Student Conduct at minimum five (5) university business days before the hearing. In addition, Complainant and Respondent are responsible for notifying their witnesses of the time, date, and place of the hearing.
Complainants and Respondents may request, in writing to the A-State Office of Student Conduct, a list of all witnesses and access to all information before the hearing date. All information requests must be in writing, through university email, and allow a minimum of three (3) university business days for the information to be compiled from the time of the request.
No character witnesses or irrelevant information will be considered in a hearing.
During the live hearing, the Respondent has the right to make an opening and closing statement; present relevant evidence; and cross-examine adverse witnesses through an attorney or non-attorney advocate, which the Respondent is responsible for selecting and compensating.
The hearing officer may remove any disruptive hearing participants, and the hearing will proceed without them.
No recordings of hearings shall be made by any person other than the university. The A-State Office of Student Conduct will only maintain the hearing recording for the appeal process. If no appeal is made, the A-State Office of Student Conduct will destroy the recording one (1) year after the appeal date. If an appeal is made, the recording will be destroyed at the close of the appeal process. A student will be given reasonable access to their hearing recording for review, with the understanding that no duplication of the recording shall be permitted. Requests for access to hearing recordings must be made in writing and provided to the A-State Office of Student Conduct at least three (3) business day notice from the time of the request to make the appropriate arrangements.
Hearing committee will provide a decision to the Respondent and Complainant.

Appeal Process

Informal Case Resolution Appeal

A student or registered student organization found responsible for violating the Non-Academic Standards of Student Conduct through an Informal Case Resolution may request a sanction review for the following reason: Sanction(s) are unreasonably harsh or inappropriate for the circumstances of the violation.

Requests for review of sanction(s) must be submitted to the Office of Student Conduct using the Appeal Request Form. The link to the form is in the decision notification email a respondent receives through university email. The deadline to submit your appeal is within 72 hours of being assigned the sanction(s) or by 9:00 a.m. on the next university business day if the deadline falls on a weekend or after 5 p.m. on a weekday. This is the only appeal available through the Informal Case Resolution Process.

The sanction review will be heard by the Director of Student Conduct unless they are the initial hearing officer. If the Director of Student Conduct is the initial hearing officer, the Vice-Chancellor for Diversity and Community Engagement or Designee will hear the review. The decision of the Appeal Officer is final.

Formal Conduct Hearing Appeal

A student or registered student organization found responsible for a violation of university policy during a Formal Conduct Hearing may request an appeal for one of the following reasons: Insufficient information that a policy was violated; A serious procedural error in resolving the case; the sanction(s) are unreasonably harsh or inappropriate for the circumstances for the violation; or new information has been found that was not available at the time of the hearing.

Requests for an appeal must be submitted to the Office of Student Conduct using the Appeal Request Form. The link to the form is in the decision notification email the respondent receives through university email. The deadline to submit your appeal is within 72 hours of being assigned the sanction(s) or by 9:00 a.m. on the next university business day if the deadline falls on a weekend or after 5 p.m. on a weekday. Typically, a decision will be rendered within five (5) to ten (10) university business days. After review, the Vice-Chancellor for Diversity and Community Engagement or designee may:

Affirm the finding(s) of the original hearing authority;
Reverse finding(s) of the original hearing authority;
Alter the sanction(s) of the original hearing authority;
Refer the case to the Office of Student Conduct for a new hearing, including the new information shared in the appeal.

The decision of the Appeal Officer is final.

Serious Violation Appeal

A student or registered student organization found responsible for a serious violation of university policy may request an appeal for one of the following reasons: Insufficient information that a policy was violated; A serious procedural error in resolving the case; the sanction(s) are unreasonably harsh or inappropriate for the circumstances for the violation; or new information has been found that was not available at the time of the hearing. If a student or student organization waives the right to be present at a disciplinary proceeding, the student or registered student organization shall not have the right to appeal the institution’s initial decision.

Requests for an appeal must be submitted to the Office of Student Conduct using the Appeal Request form. The link to the form is in the decision notification email the complainant and respondent will both separately receive through university email. The deadline to submit an appeal is within 25 days after the student or registered student organization receives final notification of the committee’s decision or by 9:00 a.m. on the next university business day if the deadline falls on a weekend or after 5 p.m. on a weekday. After review, the Vice-Chancellor for Diversity and Community Engagement or designee may:

Affirm the finding(s) of the original hearing authority;
Reverse finding(s) of the original hearing authority;
Alter the sanction(s) of the original hearing authority;
Refer the case to the Office of Student Conduct for a new hearing, including the new information shared in the appeal.

The decision of the Appeal Officer is final.

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