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Office of the University Attorney
Appalachian State University
ASU Box 32126
Boone, NC 28608
828-262-2751

© 2008 Appalachian State University
Website maintained by Kathy Deas

Administrative

 

Student Organization Judicial Review/Discipline Process

Purpose - Appalachian State University recognizes student clubs and organizations through an established process outlined in the Club and Organization Resources Manual. In granting recognition, the University reserves the right to review this recognition and the privileges associated with it at any time. This policy describes the process used by the University to determine: 1) if a recognized student organization is in violation of a University policy, municipal, state or federal law, and 2) a procedure to be followed when an allegation of misconduct is made. It is important that the rights and privileges of clubs or organizations and rights and obligations of the University are protected.

The intent of this policy is to define the circumstances and a process of adjudication should it become necessary for the University to review the conduct of a recognized student club or organization. By this policy, the University notifies all student clubs and organizations and those seeking such recognition of its right to grant, rescind, suspend, or restrict privileges, or take other such action deemed necessary by the University upon a showing of cause.

Definitions

University refers to Appalachian State University.

Student clubs and organizations are associations of Appalachian State University students, recognized by the University through its formal recognition procedures.

Club Council Advisory Board (CCAB) is the advisory body of students associated with the Club Council which represents recognized student clubs and organizations.

The Center for Student Involvement and Leadership (CSIL) is an administrative unit of the Division of Student Development charged with providing supervision, advise-ment, and support to recognized student organizations, clubs, and Club Council.

GENERAL POLICY

Appalachian State University provides students with a variety of co-curricular opportunities.

Student organizations are one way in which the University supports experiential learning opportunities for students. These organizations provide an environment where students can develop a variety of skills. Depending on the purpose for which the organization was established, these groups contribute to the professional, academic, social, personal, religious, psychosocial, recreational, or other needs and interests of their members.

The University has established policies and expectations for student organizations seeking or wishing to maintain recognition. In return for meeting these expectations, the University provides certain services and programs designed to enhance the organization's development and to assist its leadership. The University expects student clubs and organizations to meet these expectations and provides opportunities for student input into policies regulating these groups.

If a student organization fails to meet the University's expectations or violates University policy or municipal, state, or federal laws, the University reserves the right to withdraw recognition of the group and to deny the organization those privileges given to University recognized clubs and organizations or to take other action as defined in this policy.

CHARGES AND INVESTIGATION

In the event a University recognized club or organization is alleged to have violated University policies or municipal, state, or federal laws, the Center for Student Involvement and Leadership will be responsible for conducting an investigation and, if warranted, a hearing. The process for a hearing to review the status of a recognized student group will be as follows:

  • The Club Council Advisory Board (CCAB) will serve as a quasi-judicial body in reviewing actions or allegations of misconduct by recognized clubs and organizations.
  • The CCAB will serve in this capacity only for recognized student clubs and organizations. Excluded from its review are the following organizations and their member organizations: Interfraternity Council, Panhellenic Council, local National Pan-Hellenic Council, Campus Resident Student Association (CRSA), Student Government Association, and Appalachian Popular Programming Society (APPS). These governing bodies have established separate processes within their own membership to address misconduct.
  • The authority of the CCAB shall be to review all actions of recognized clubs and organizations, conduct investigations and hearings as necessary, and make recommendations to the Director of the Center for Student Involvement and Leadership regarding what actions, if any, should be taken with a recognized club or organization.
  • The jurisdiction of the CCAB shall include, but is not limited to, the following: (a) alleged violations of University policies pertaining to student clubs and organizations; (b) violations of Club Council bylaws and procedures; (c) violations by clubs or organizations, or their members, of the Code of Student Conduct when a relationship exists between the misconduct and the activities of the group; (d) violations of municipal, state or federal laws; and (e) controversies among student clubs and organizations.
  • Nothing in this policy will preclude the University from taking action within prescribed University policies against an individual who has allegedly violated University policies.
  • Any person or any recognized club or organization may lodge a complaint against a club or organization. In the event that the club or organization is alleged to have violated a University policy or a municipal, state, or federal law, the University through the Center for Student Involvement and Leadership may appoint a person to bring charges and represent the University's interests.
  • Nothing in this policy will preclude the Center for Student Involvement and Leadership from conducting its own investigation of any alleged misconduct by a student club or organization.

HEARING PROCEDURES

The process for a hearing should an allegation and sufficient evidence exist will be as follows:

  • Written notification will be made to the Director of the Center for Student Involvement and Leadership through the advisor to the Club Council.
  • The advisor will notify the Club Council Coordinator and the Club Council Advisor and Coordinator may jointly recommend to the Director of CSIL the convening of a judicial hearing for a student club or organization. If there is disagreement which cannot be resolved, both the Advisor and the Coordinator may make separate recommendations.
  • If the investigation by the CSIL or CCAB indicates reasonable cause to believe that misconduct has occurred by a student club or organization, a member of the CSIL will notify the President and faculty advisor of the club or organization in a letter of the charges and the need for a hearing.
  • A copy of the accusations and the time and date of a hearing to be conducted by the CCAB will be included with the notification.
  • An organization will have a minimum of seventy-two hours notice of any hearing or review of its status.
  • The burden of proof at this hearing or review is with the accuser.
  • The accuser must convince the CCAB through a preponderance of evidence that the student club or organization or individual member acting on behalf of the club has taken the action of which she/he is accused.
  • The accused organization has the right to present evidence on its behalf, confront the accuser, call witnesses, remain silent without any inference of guilt drawn from such action and other applicable rights identified in the Student Handbook of Rights and Responsibilities .
  • The CCAB will hear all evidence presented and may ask questions of all parties and witnesses.
  • All hearings of the board will be closed.
  • Upon hearing all evidence and giving all parties the right to speak and present evidence, the CCAB will go into executive/closed session with the Club Council Advisor present.
  • During deliberation, the CCAB may only consider information presented during the review or hearing.
  • After deliberation, a motion will be made concerning whether the organization is or is not in violation as specified in the charges or allegations; a second is necessary and a vote must be taken; this vote is to be recorded and will be announced when all parties are invited back into the hearing or review; a majority (50 percent plus one) of members present is required for a motion to pass.
  • If it is determined that the organization is in violation, the CCAB will continue deliberation on recommended actions or sanctions to be taken; the board may consider the social harm of the action or violation when considering a sanction and may consider past behavior of the club or organization or its individual members acting as agents of the club or organization.
  • Sanctions recommended by the CCAB may include any one or a combination of the following: 1) verbal reprimand with a record in the club or organization's file, 2) a written reprimand with a record maintained in the club or organization's file, 3) appropriate financial or other restitution and penalty, 4) service or other activities, 5) probation, 6) suspension of University privileges or recognition, 7) withdrawal of recognition. Other actions or sanctions may be recommended with the concurrence of the Advisor.
  • The CCAB will announce its recommendation to all parties and report it to the Director of the Center for Student Involvement and Leadership; the accused, if found to be in violation, can appeal the recommendation of the board to the Director of the Center for Student Involvement and Leadership within seven days of the announced sanction.
  • Nothing shall preclude the Director from accepting, rejecting, or modifying and accepting this recommendation.
  • Decisions of the Director of the Center for Student Involvement and Leadership are subject to review and changes by the Vice Chancellor for Student Development.

Appalachian State University has the right and responsibility to respond to situations involving student organizations or their members in a timely and responsible manner. The University reserves the right to suspend recognition of any student club or organization for an interim period prior to convening a CCAB hearing when the nature of the allegations justifies a reasonable belief by University administrators that such action is appropriate to protect the interests of one or more individuals or the University community as a whole. This decision will be made only with the approval of the Vice Chancellor for Student Development or the Chancellor.

Appalachian State University is committed to providing recognized student organizations and its students with an environment conducive to the development of students. The University will provide services and programs designed to enhance those activities consistent with the educational mission of the University. Student clubs and organizations and their leaders play important roles in meeting the needs of their members and providing valuable learning laboratories. Students join clubs and organizations expecting these groups to follow their prescribed purpose and provide for the welfare of members. The University expects student clubs and organizations and their leaders to do the same.

ADMINISTRATIVE HEARING OPTION

  • Student clubs and organizations shall have the right to request an administrative hearing. Such requests will be made to the Director of CSIL who may either grant or deny the request.
  • The Director of CSIL may at his or her discretion require that because of the nature of circumstances of a particular form of alleged misconduct (e.g. rape, manslaughter, hazing), the student club or organization accused of the misconduct will be heard in an administrative hearing.
  • An administrative hearing shall consist of a closed meeting held with three to five members of the University community appointed by the Director of CSIL, one of whom shall be appointed chairperson for what shall be called the "Administrative Hearing Board." The hearing will be conducted in a manner consistent with the procedure given in CHARGES AND INVESTIGATION and HEARING PROCEDURES above. All decisions of the "Administrative Hearing Board" are recommendations to the Director of CSIL. Members appointed to serve on the Administrative Hearing Board may change from hearing to hearing; however, at least one student must be appointed as a member of each sitting Administrative Hearing Board.