The Student Disciplinary Process

Explore the Student Disciplinary Process

Marshall University requires all students to act as responsible citizens and members of our community. Each student is expected to adhere to the expectations laid out in the Code of Student Rights and Responsibilities. Each student also has the right to due process, and is expected to review the Student Disciplinary Procedures to learn more. A brief overview is provided below:

Step 1: Complaint or Incident Report is Received

The Office of Student Advocacy and Accountability can receive reports from anyone in the community through the General Incident Form. We also receive reports from faculty and staff members, student organization advisors, the Marshall University Police Department, and the Huntington Police Department. Allegations of student misconduct will be reviewed by the office, or other appropriate personnel.

Step 2: Primary Review

The case will be reviewed by the Office of Student Advocacy and Accountability and referred to a Conduct Officer for further investigation. In this stage, the Conduct Officer may reach out to the Complainant to gather more information before moving forward. The Conduct Officer will then determine if a Formal or Informal process will be used.

Step 3: Process is Determined & Followed

If it is determined that there is not a violation of the Code of Student Rights and Responsibilities or a complainant requests a less formal route, the report may be resolved through an informal process. This process aims to educate the involved parties and stop the reported behavior. This process may be completed through an educational conversation, mediation and conflict resolution, or in partnership with another university office.

Respondents may be provided with an informal meeting to resolve the allegations if deemed appropriate by the Conduct Officer. Meetings are closed meetings that permit the Respondent to discuss the referral informally with a Conduct Officer and others as appropriate. During the meeting, the Conduct Officer and the Respondent discuss the referral and determine appropriate behavioral outcomes based on the information gathered. After reviewing the referral and meeting with the Respondent, if the Conduct Officer determines sufficient information does not exist to prove an alleged violation, the Conduct Officer may dismiss the referral. If the Conduct Officer determines sufficient information does exist to prove an alleged violation, the case will be referred to the Formal Conduct Process.

A Student or Student Organization may also be referred to mediation prior to and in lieu of a Conduct Conference. Mediation may be available for issues pertaining to Students or Student Organizations. All parties must agree to attempt a resolution through the mediation process. Provided that, the nature of some conflicts, especially those involving violence, may not be appropriate for mediation. Mediation is done by the Director. Failure to comply with agreed-upon conditions of mediation will result in a formal resolution. If a matter is resolved through mediation, it is considered closed and may not be reopened.

If, after reviewing the complaint or allegation of student misconduct, the Conduct Officer finds that it is reasonable to believe that the Respondent violated the Student Rights and Responsibilities, then charges will be brought against the student.

Notice of Charge

The Conduct Officer shall prepare a formal written charge of alleged prohibited conduct (Charge). The Charge shall be provided to any student suspected of prohibited conduct as soon as possible after the initial review is concluded. The Charge shall be addressed to the student who allegedly violated the Code of Student Rights and Responsibilities (Respondent) and shall include a brief outline of the facts upon which the Charge is based and potential sanctions that may result if the Respondent is found responsible.

Initial Meeting & Agreed Resolution

During the first meeting, the Conduct Officer and the Respondent may agree on the facts and, if warranted, identify a mutually agreeable sanction(s) to be imposed. In such a case, the agreed-upon facts and sanction(s) shall be reduced to writing, dated, and signed by the Respondent (Agreed Resolution). An Agreed Resolution shall be final and not subject to any subsequent proceedings, unless the Respondent submits a written objection to cancel the Agreed Resolution to the Conduct Officer within one (1) calendar day of the date it was signed. If the Respondent objects to the Agreed Resolution and no further agreement can be reached, the matter shall proceed to Conduct Conference or Conduct Hearing.

Informal or Formal Hearing

Conduct Conference	Formal Hearing
The administrative disposition of complaints not seeking suspension or expulsion shall be handled by an informal hearing between the Respondent and the Conduct Officer (Conduct Conference). The Conduct Conference will be used for determining responsibility and a sanction for matters or situations in which the alleged actions, if true, would not justify a suspension or an expulsion. The Complainant will be provided an opportunity to meet with the Conduct Officer and provide any evidence, when applicable.	If an informal resolution is not reached, or in cases where the Director or Conduct Officer referred the matter because potential outcomes include disciplinary suspension or expulsion from Marshall University, the case will be scheduled for a formal hearing. Hearings are closed meetings that permit Marshall University and the Respondent to address the alleged violation or restorative actions with a Hearing Board. Only individuals with a legitimate role in the hearing process are permitted to attend or participate in a hearing. The Hearing Board will determine if an individual has a legitimate role in the hearing process.

Conduct Conference

Formal Hearing

The administrative disposition of complaints not seeking suspension or expulsion shall be handled by an informal hearing between the Respondent and the Conduct Officer (Conduct Conference). The Conduct Conference will be used for determining responsibility and a sanction for matters or situations in which the alleged actions, if true, would not justify a suspension or an expulsion. The Complainant will be provided an opportunity to meet with the Conduct Officer and provide any evidence, when applicable.

If an informal resolution is not reached, or in cases where the Director or Conduct Officer referred the matter because potential outcomes include disciplinary suspension or expulsion from Marshall University, the case will be scheduled for a formal hearing. Hearings are closed meetings that permit Marshall University and the Respondent to address the alleged violation or restorative actions with a Hearing Board. Only individuals with a legitimate role in the hearing process are permitted to attend or participate in a hearing. The Hearing Board will determine if an individual has a legitimate role in the hearing process.

Outcome Letter

After consideration of the evidence, the student is entitled to written notification of the outcome of the Conduct Conference or Formal Hearing (Outcome Letter). The Conduct Officer or Hearing Board’s determination of responsibility shall be based on a preponderance of the evidence. Each Outcome Letter shall plainly state the decision and shall plainly state the rationale for the decision; in the event that the student is found responsible for any part of the Charge, the Outcome Letter will include a brief statement of the facts relied upon by the Conduct Officer or Hearing Board, the assigned sanction, and an explanation of appeal rights. This Decision is part of the Official Case File.